1. scope of application
2. contracting party, conclusion of contract
3. contract language, contract text storage
4. delivery conditions
5. payment
6. right of withdrawal
7. retention of title
8. transport damage
9 Warranty and guarantees
10. Liability
11. dispute resolution
12. protection of minors
13. final provisions
The following GTC apply to all orders placed via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
The following shall apply vis-Ã -vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
The purchase contract is concluded with Hempions GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
Tuee language available for the conclusion of the contract is German.Â
We save the text of the contract and send you the order data and our terms and conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
The following payment methods are available in our shop:
Prepayment
If you choose payment in advance, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
Credit card
When you place your order, you enter your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.Ã r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further instructions in the order process.
PayPal can offer registered PayPal customers selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.
Payrexx
In order to pay the invoice amount via the payment service provider Payrexx AG, Burgstrasse 20, 3600 Thun, Switzerland ("Payrexx"), you must select and confirm one of the available payment methods. The payment transaction will be carried out by Payrexx immediately after the order has been placed. You will receive further instructions in the order process.
Invoice
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer purchase on account only after a successful credit check.
Upon expiry of the aforementioned payment deadline, you will be in default. Interest of 4 % p.a. shall be charged on the purchase price during the period of default. No reminder fees will be charged for the first reminder, reminder fees of 10.00 EUR are due for the second reminder. After an unsuccessful 2nd reminder, the receivables will be handed over to a collection agency. Any further costs arising from this shall be borne by you.
Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.
The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
For consumers applies:
If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance.
For entrepreneurs applies:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If you fail to give notice, the goods shall be deemed to have been approved, unless the defect was not recognisable during an inspection. This does not apply if we have fraudulently concealed a defect.
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following applies to used goods: if the defect occurs after the expiry of one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
With respect to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty as well as fraudulent intent,
- in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations).
- within the framework of a promise of guarantee, insofar as agreed or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 9:00 to 18:00 at the following telephone number
+43 720 302244 and by e-mail at support@hempions.com.
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, insofar as agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure that includes a personal identity and age check. The delivery person will only hand over the goods after the age check has been carried out and only to the customer in person.
The place of jurisdiction and performance shall be the registered office of the seller if the consumer is a merchant, a legal entity under public law or a special fund under public law.
The law of the Republic of Austria shall apply. This shall not apply if mandatory consumer protection regulations conflict with such application.
AGB created with the Trusted Shops Legal copywriter in cooperation with FÖHLISCH Attorneys at Law.