Scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Transport damage
Liability for defects (warranty)
Liability
Contract text storage
Applicable Law
place of jurisdiction
Alternative Dispute Resolution
1.1 The following terms and conditions apply to all orders via the online shop "cbdfull.eu" of Organic Gardens GmbH (hereinafter "Seller"). The customer of the web shop expressly acknowledges these GTC and, with his order, declares that he has read and understood these GTC before the ordering process and that he agrees with them. The customer's own terms and conditions are not recognized unless otherwise agreed in writing.
1.2 A customer is any natural or legal person who makes a binding purchase offer in our sales portal www.cbdfull.eu (hereinafter "Webshop").
2.1 Product descriptions contained in the online shop www.cbdfull.eu are not binding offers, but serve to submit a binding purchase offer and to secure payment by the customer.
2.2 The seller can accept the customer's offer within five days by delivering the ordered goods to the customer.
2.3 If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his purchase offer.
2.4 If the seller rejects the purchase offer, the payment security provided by the customer will be transferred back to the customer in full.
2.5 German and English are available for the conclusion of the contract.
3.1 For customers who have concluded a purchase contract as a consumer, a fourteen-day right of withdrawal applies in principle. A consumer is a person who concludes a legal transaction, ie who makes a declaration of intent regarding a fact that cannot be attributed to their professional or commercial activity.
3.2 Customers who have concluded a purchase contract as traders, freelancers or the like, i.e. business customers, have no right of withdrawal!
3.3 The right of withdrawal does not apply to sealed goods if the seal was removed or damaged after delivery.
4) Prices and terms of payment 4.1 The prices quoted in the online shop are total prices. Additional delivery and shipping costs are stated separately. 4.2 The customer will be shown and charged the statutory sales tax in the price. 4.3 Customers based in other EU member states and with a valid UID number are not shown and charged the statutory sales tax in the price. 4.4 If the customer chooses prepayment by bank transfer as the payment process, payment is due immediately after conclusion of the contract.
5.1 Delivery is made to the delivery address specified by the customer during the ordering process.
5.2 If the customer fails to deliver the goods, the customer shall bear the resulting costs.
5.3 The information about the delivery period is non-binding.
5.4 The specified delivery periods begin upon receipt of payment.
5.5 The seller is entitled to partial deliveries or short deliveries, insofar as this is reasonable for the customer. The proof of unreasonableness lies with the customer.
6.1 For customers who have concluded a purchase contract as a business customer, the risk of damage in transit and the depreciation of the goods caused by transport passes to the customer as soon as the handover has been handed over to the company responsible for shipping or to the person responsible for carrying out the shipping.
6.2 For customers who have concluded a purchase contract as an end consumer, the risk of damage and depreciation of the goods passes to the customer as soon as the goods are handed over to the customer or an authorized person.
6.3 The customer is obliged to check the goods for completeness, obvious defects and transport damage immediately upon acceptance. 6.4
If the goods are damaged during transport, the customer is obliged to document the damage, immediately notify the transport company and claim the damage, as well as inform the seller.
Unless otherwise expressly agreed in the general terms and conditions and disclaimer, the statutory right to liability for defects shall apply.
The seller is liable to the customer for all contractual and legal claims for damages as follows:
8.1 in the event of intentional or grossly negligent breach of duty
8.2 for damages according to the statutory provisions unless otherwise expressly agreed in the terms and conditions or the exclusion of liability.
8.3 In the event of a breach of the essential contractual obligation by the seller, the seller is only liable for contractual, foreseeable damages unless unlimited liability is granted in the above paragraphs. Significant contractual obligations are obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely.
8.4 In all other cases, the seller's liability is excluded.
9. Storage of contract text
9.1 The seller saves the order data
9.2 The seller sends the customer the order data by e-mail.
9.3 The seller provides the terms and conditions and the disclaimer in text form in the web shop.
9.4 The customer can view and print out the order data in the web shop after logging in in the "My Account" area.
The law of the Republic of Austria applies to all legal relationships between the parties that are not expressly agreed in the General Terms and Conditions.
11.1 The place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
11.2 After the dispute has arisen, the seller is free to sue the contractual partner at another place of jurisdiction.
The seller is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.