Terms & Conditions
§ 1 Validity, definitions of terms
(1) CBD Express GmbH, Breitenleerstraße 150, A – 1220 Vienna, Austria (hereinafter: “we” or “CBD Express GmbH”) operates an online shop for goods under the website https://cbdexpress.at. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity, whereby a partnership with legal capacity is a partnership endowed with the ability to acquire rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders via our online shop at https://cbdexpress.at.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the ordering procedure provided in our online shop. The order is made in the following steps:
- selection of the desired goods,
- Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview” or similar),
- Entry/verification of address and contact data, selection of the payment method, confirmation of the terms and conditions and cancellation policy,
- Completion of the order by pressing the “Buy now” button. This represents your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) In the event of the conclusion of the contract, the contract is concluded with CBD Express GmbH, Breitenleerstraße 150, A – 1220 Vienna, Austria.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not store the text of the contract after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In the case of our online shop, the subject matter of the contract is:
- The sale of goods. The specific goods offered can be found on our article pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions evident from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In the case of a purchase on account, the maximum order value is € 300.00
for this payment method.
(4) In addition to the prices quoted, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, possibly in the shopping cart system and on the order overview.
(5) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 1 – 5 working days after receipt of payment or after receipt of the order in the case of a purchase on account).
(6) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Ireland, Italy, Croatia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Austria.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of revocation
As a consumer, you have a right of withdrawal. This is based on our cancellation policy
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for property damage and financial loss attributable thereto shall be limited to the foreseeable damage typical for the contract
. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you may regularly rely. This includes, in particular, our obligation to take action and fulfill the contractually owed service, which is described in § 3.
§ 8 Contract language
Only German is available as the contract language.
§ 9 Warranty/Customer Service
(1) The warranty is based on the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
(4) Our customer service for questions, complaints and objections is available from 09:00 – 15:00 via our online chat.
§ 10 Final provisions
(1) German law applies. In the case of consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.