Overview
General Terms and Conditions for the Online Shop www.santa-cbd.com of SantaCBD
1 – Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop www.santa-cbd.com between us, the SantaCBD
Griedeler Str 8 35510 Butzbach
Managing Director: Ciurba-Stana Telephone number: (+49) 15736632272 E-mail address: info@santa-cbd.com
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
(4) We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.
2 – Conclusion of contract
(1) We only deliver our goods to persons over the age of 18. We ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check.
(2) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(3) By sending an order via the online shop by clicking on the button “order subject to payment”, you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, pursuant to § 3 remains unaffected.
(4) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(5) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(6) We can only consider orders for deliveries abroad if they exceed a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(7) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
3 – Right of revocation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of revocation in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of revocation in accordance with clause 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of revocation shall be governed by the provisions which are set out in detail in the following
Cancellation policy – Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must contact us: SantaCBD , Im Griedeler Str 8 35510 Butzbach. Ciurba-Stana. Tel.: +4915736632272
Klaus Schramm. Tel.: +491713263595
info@santa-cbd.com, by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
You can send the model withdrawal form or another clear declaration. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must return all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exceptions to the right of withdrawal
The right of revocation does not exist or expires for the following contracts
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.
Consequences of cancellation
- End of the cancellation policy-
(4) We inform about the model withdrawal form according to the legal regulation as follows:
Model cancellation form
(If you wish to revoke the contract, please fill in and return this form) - I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
- Ordered on () / received on ()
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date(s)
(*) Delete where inapplicable
4 – Terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) Delivery times stated by us are calculated from the time of our declaration of acceptance, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be 3 to 10 days.
(3) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment (in particular if the payment option bank transfer is chosen), we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). In this case, the delivery period begins with the payment of the purchase price and the shipping costs.
(4) The goods are dispatched by post. We bear the shipping risk if the customer is a consumer.
5 – Prices and shipping costs
(1) All prices quoted in our online shop are gross prices including the statutory value added tax and do not include any shipping costs. Deliveries are only possible to delivery addresses in Germany.
(2) The shipping costs are stated in our price quotations in our online shop, see Shipping and Payment. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) If we fulfil your order according to § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with § 3, you may, under the statutory conditions, demand reimbursement of costs already paid for shipment to you (delivery costs) (cf. on other consequences of revocation § 3 para. 3).
6 – Terms of payment and set-off and right of retention
(1) Payment of the purchase price and shipping costs is due immediately upon conclusion of the contract.
(2) You can choose to transfer the purchase price and the shipping costs to our account stated in the online shop or pay by PayPal, by instant bank transfer or by credit card, see Shipping and Payment.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
7 – Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
8 – Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years. For entrepreneurs, the warranty period is 12 months from receipt of the goods.
(2) An additional warranty only exists for the goods delivered by us if this was expressly stated in the order confirmation for the respective item.
9 – Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless otherwise stipulated in paragraph 3 – in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
-and exclusions of liability.
10 – Protection of minors
If your order includes goods whose sale is subject to age restrictions, we shall ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. An order is only possible after a successful age check in the order process.
11 – Copyrights
We have copyrights to all pictures, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
12 – Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant or a legal entity, the exclusive place of jurisdiction is Darmstadt.
(3) The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(4) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
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