Conditions of Use
General terms and conditions
With my order I accept the following general terms and conditions of the company Steldinger/Volynskaja GbR, CannaCosmetics, hereafter called seller.
I. General terms
1 These GTC are binding insofar as they declare the offer or the order confirmation to be applicable. Other terms and conditions of the buyer are only valid if they have been expressly accepted by the seller in writing.
2) All agreements and legally relevant declarations of the contracting parties must be in writing in order to be valid.
3 The contract language is German.
4. conclusion of the contract
With your order you make a binding offer to us to conclude a contract with you. With the sending of an order confirmation by e-mail to you or the delivery of the ordered goods we can accept this offer. First you will receive a confirmation of receipt of your order by e-mail to the e-mail address you provided (order confirmation). However, a sales contract is only concluded with the dispatch of our order confirmation by e-mail to you or with the delivery of the ordered goods. When ordering via our online shop, the ordering process comprises a total of four steps. In the first step you select the desired goods. In the second step, you enter your customer data including the billing address and, if applicable, a different delivery address. In the third step you choose how you want to pay. In the last step you have the possibility to check all details (e.g. name, address, payment method, ordered items) again and correct them if necessary before you send your order by clicking on 'Send order'.
5. storage of the contract text. We save the contract text of your order. You can print it out before sending your order to us by clicking on "Print" in the last step of the order. We will also send you an order confirmation as well as an order confirmation with all order data and our general terms and conditions to the e-mail address you provided.
II. offer, conclusion of contract and prices
1 The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. By clicking on the button "Buy" / "Pay order" you place a binding order for the goods contained in the shopping cart. The confirmation of the receipt of the order follows immediately after sending the order and does not yet represent an acceptance of contract. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within 1-3 days.
Since the goods offered are mainly products with limited stocks, orders are accepted subject to delivery. The buyer can find the current delivery status of the individual products in the article descriptions in the online catalogue.
3 Unless otherwise agreed, the Seller's prices are net, ex location Germany, in Euro, excluding packaging, transport, insurance and VAT.
4 All prices are inclusive of the currently valid VAT for the respective product groups.
III. mail order business and resale to traders
The distribution and resale of goods purchased by the seller by mail order or to traders of the same trading level (wholesale to wholesale or retail to retail) or to traders of upstream trading levels (retail to wholesale) is only permitted with the written consent of the seller.
IV. Delivery and dispatch
1 In the case of packing shipments via wholesalers, the goods shall be shipped at the expense and risk of the purchaser. Even in the case of carriage paid delivery, the buyer bears the risk.
2. additional customs duties, taxes and fees may apply to deliveries to non-EU countries.
V. Terms of payment
1. payments are to be made by the buyer at the seller's place of business
If the buyer exceeds the payment deadline of 30 days, the receivables will be passed on to a collection service 10 days after the creation of the payment reminder.
The payment period is 1 week from the invoice date. The payment can be made by:
Direct debit procedure by the seller (sepa mandate) - for SEPA payment, account management in euros is required!
by bank transfer within 7 days, net only
by PayPal, strictly net.
If you pay by direct debit, your account will be debited within 8 days after invoicing.
VI. retention of title
The goods delivered by the Seller to the Buyer shall remain the property of the Seller (reserved goods) until complete settlement of all claims, for whatever legal reason.
2. if the buyer sells the goods or the items manufactured from the goods, the buyer hereby assigns to the seller the remuneration claim against the third party accruing to him as security for our claims.
The assignment shall in any case be made in the amount corresponding to the invoice claim plus a security surcharge of 20%.
3. at the seller's request, the buyer is obliged to prove the assigned claims in detail and to inform his debtors with the request to pay exclusively to the seller up to the amount of the assigned claim.
4. the seller shall also be entitled to assert the retention of title if there is reason to fear that the retention of title may be endangered.
Despite the retention of title, the buyer bears the risk of loss or deterioration of the delivered goods or the products manufactured therefrom.
VII Liability for defects
1) The seller guarantees that the goods delivered by him are free of defects in accordance with the agreed quality.
2 The Buyer shall inspect the delivery immediately upon receipt and notify the Seller of any defects in writing. If he fails to do so, the deliveries and services shall be deemed approved.
The limitation period for claims arising from liability for defects shall be 1 year for entrepreneurs as of delivery and 2 years for consumers.
4. in the case of justified notification of defects in due time, the seller shall, at his discretion, either repair the defects free of charge or exchange the defective items for items free of defects.
5. if a defect is not remedied within a reasonable period of time by replacement delivery or removal of the defect by the seller, the buyer may demand a reduction in the purchase price or cancellation of the contract.
6 The liability for defects expires prematurely if the buyer or third parties carry out improper manipulations on the packaging of the product or on the product itself, if the buyer disregards the recommendations for storage and use of the product, or if the buyer does not immediately take all suitable measures to reduce the damage and gives the seller the opportunity to remedy the defect.
VIII. Limitation of Liability
The Seller shall only be liable to entrepreneurs for direct and indirect damages, except in the case of breach of essential contractual obligations, if and to the extent that the Seller or its representatives are guilty of intent or gross negligence. Liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract.
The Seller shall only be liable to consumers for intent and gross negligence. In the event of a breach of essential contractual obligations, debtor's default or the impossibility of performance for which the Seller is responsible, the Seller shall, however, be liable for any culpable conduct of its employees and vicarious agents. Except in the case of intent and/or gross negligence on the part of legal representatives, employees and other vicarious agents, the Seller's liability shall be limited in amount to the damage typically foreseeable at the time of conclusion of the contract.
The aforementioned exclusions and limitations of liability vis-à-vis entrepreneurs or consumers shall not apply in the event that the Seller expressly assumes guarantees and for damages arising from injury to life, limb or health and in the event of mandatory statutory provisions.
4. the seller is not liable for damages to body and health of the buyer/consumer in case of improper use of the products. Liability is also excluded for damage to health resulting from incompatibilities, allergies and interactions of further individual illnesses of the buyer or consumer.
IX. Final provisions
1. if the purchaser is a registered trader, Berlin shall be the place of jurisdiction for all legal disputes arising from the business relations.
The contract concluded between the contracting parties shall remain binding even if individual provisions or individual clauses of these terms and conditions are legally ineffective. An ineffective provision and an ineffective business condition shall be replaced in good faith by a provision that comes closest to the purpose of the ineffective provision or condition and secures the achievement of the economic purpose of the contract.
Please note that food and care products are excluded from return for reasons of hygiene and safety!
We assume no liability for possible printing and reading errors.
Status: September 2017
Translated with www.DeepL.com/Translator