Terms & Conditions
Contents
1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment conditions
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Applicable law
10. Place of jurisdiction
11. Code of conduct
12. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Cannabis&Co (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not represent legally binding contractual offers on the part of the seller, but serve to submit a binding offer by the customer to conclude a purchase contract.
2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, he submits a legally binding contractual offer for the goods in the shopping cart by clicking on the button that concludes the ordering process by logging into the online shop after registering and entering the login data (email address and password) and submitting the order bindingly by clicking on the button to confirm the ordering process. The customer can also send the offer to the seller by telephone, fax or email.
2.3 The Seller may accept the Customer’s offer within five days,
– by an automatically generated email (confirmation of receipt) or
– by sending a written order confirmation or an order confirmation in text form (fax or email) to the customer, whereby the receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods is decisive arrives at the customer’s premises, or
– by requesting the customer to pay after placing his order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after sending the offer. 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 declaration of intent.
2.4 When submitting an offer via the seller’s online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order. The seller will not make any further provision of the contract text. If the customer has set up a user account in the seller’s online shop before placing his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant access data.
2.5 Before bindingly submitting the order via the Seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser’s magnification function, which enlarges the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.6 Only the German language is available for concluding the contract.
2.7 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.8 Storage of the contract text for orders via our online shop: We save the contract text and send you the order data and our general terms and conditions by email. You can also view the general terms and conditions at any time at https://cannabisstore.top/. You can view your past orders in our customer area under My Account.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy and on this website under “ Right of withdrawal ”.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are shown separately in the respective product description.
4.2 The payment option(s) are communicated to the customer in the seller’s online shop. The consumer has the option of paying in advance to the bank account (direct debit, SEPA).
4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and shipping terms
5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for processing the transaction.
5.2 Delivery takes place within 7-30 working days at the latest (unless the purchase requires the delivery of backordered products, the date is then agreed between shipping and the customer). When paying in advance, the delivery period begins on the day after the payment order is sent to the bank responsible for the transfer and for all other payment methods on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
5.3 Goods delivered by a forwarding agent are delivered “free curbside”, i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller’s online shop and unless otherwise agreed. Self-collection
5.4 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply to shipping costs if the customer effectively exercises his right of withdrawal. If the customer exercises his right of withdrawal, the provisions in the seller’s cancellation policy apply to return costs.
5.5 The risk of accidental loss and accidental deterioration of the item sold only passes to the buyer when the item is handed over, even in the case of mail order purchases.
5.6 Average shipping rates as of March 2022:
Germany: 370,- EUR per meter + 1 additional meter, some places in Germany have a shipping discount.
International: different
We always try to ship as soon as possible, but it may take 1-2 weeks. Some machines come directly from the factory in Turkey, which extends the shipping time frame.
Some orders require customizations that must be completed before shipping is possible.
In the event of delays in delivery, we assume no liability for any damages or claims for damages.
6) Retention of title
If the seller makes an advance payment, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 There is a statutory right to liability for defects for delivered goods. The warranty is based on the legal provisions and the following regulations.
7.2 The following applies to used goods:
a. If the customer acts as an entrepreneur, his claims due to defects in the goods expire one year from receipt of the goods; the statutory limitation period for recourse claims (§ 479 BGB) remains unaffected. Otherwise, the warranty for used items is excluded.
b. Claims for defects are excluded if the defect only occurs one year after delivery of the goods. However, the shortening of the limitation period to one year does not apply
to items that have been used for a building in accordance with their normal use and have caused its defects, damage caused by improper or contractual measures taken by the purchaser during installation, use, connection, operation or storage, do not constitute a claim
– in the case of claims for damages and reimbursement of expenses by the customer, as well as
– if the seller has fraudulently concealed the defect.
– Furthermore, they do not apply to claims for damages due to a material defect in cases of injury to life, body or health, to claims under the Product Liability Act, to grossly negligent breach of duty or to culpable breach of essential contractual obligations. Essential contractual obligations are those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely,
c. Each product sold may or may not have a guarantee, you can view the respective product guarantee on the product page in the shop.
7.3 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
8) Redemption of campaign vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only within the specified period be redeemed.
8.2 Individual products can be excluded from the voucher campaign if the content of the promotional voucher specifies a corresponding restriction.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
8.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.
8.8 The promotional voucher will not be refunded if the customer returns all or part of the goods paid for with the promotional voucher within the scope of their statutory right of withdrawal.
8.9 The promotional voucher is transferable. The seller can make payments to the respective holder who redeems the promotional voucher in the seller’s online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authorization of the respective holder.
9) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
10) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. However, in the aforementioned cases, the seller is always entitled to appeal to the court at the customer’s place of residence.
11) Code of Conduct
– The seller has submitted to the conditions of participation of the eCommerce initiative “Fairness in Trade”, which can be accessed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
– The seller has adhered to the “Google Customer Reviews” guidelines, which can be viewed online at https://support.google.com/merchants/topic/7105962.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchases. or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
12.3 Online dispute resolution in accordance with EU requirements can be accessed here. http://ec.europa.eu/consumers/odr/
Customer support
Our customer service for questions, complaints and complaints is available on weekdays from 9:00 a.m. to 3:00 p.m.
Tel: +49 9321 2608438
Source :
https://www.e-recht24.de
