Terms & conditions - COSMICROOTZ - Automatic and feminised Cannabis Seeds

General Terms and Conditions

1. Basic Terms

1.1. All sales are subject to the following points.

1.2. All product prices are stated in euros and include the applicable value-added tax (10%, 13%, or 20%), but exclude any applicable shipping costs. You must be at least 18 years old to make a purchase from us. Changes and errors reserved.

1.3. Misunderstandings, ambiguities, and mistakes can occur, although we will make every effort to resolve matters with you to the best of our ability.

1.4. Consider the legal situation in your country! All products may only be used within the framework of the laws applicable to you. By accepting these terms and conditions, you confirm that you will hold us harmless and indemnify us for any violations on your part. We strictly disclaim any responsibility for the abusive use of our products.

1.5. Rights of use for design & photos by HANFTOPIA e.U.

1.6. The respective laws in their current version apply.

2. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and businesses.

For Germany: Consumers are defined as natural persons according to § 13 of the German Civil Code (BGB) who enter into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

For Austria: In the following terms and conditions, "consumers" refers to "consumers" within the meaning of the Austrian Consumer Protection Act (KSchG).

Regarding businesses: If the business uses conflicting or additional general terms and conditions, their validity is hereby objected to, unless expressly agreed upon by us.

3. Contracting Party, Conclusion of Contract, Correction Options

The purchase agreement is concluded with HANFTOPIA e.U.

The presentation of products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog. You can initially add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you place a binding offer for the goods contained in the shopping cart. The confirmation of the receipt of your order will be sent to you by e-mail immediately after sending the order. We accept your offer within two days by sending a separate acceptance declaration by e-mail or, if applicable, by carrying out the payment transaction through our service provider or the selected payment service provider. The time of performance of the payment transaction depends on the selected payment method (see "Payment"). The relevant alternative for you is determined by which of the enumerated events occurs first.

4. Language of the Contract, Storage of the Contract Text

The language(s) available for concluding the contract: German, English

We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

5. Delivery Conditions

In addition to the stated product prices, shipping costs may apply. For more detailed information on any applicable shipping costs, please refer to the offers.

You generally have the option of picking up the goods at the HANFTOPIA Shop, Am Steinenbach 8, 6900 Bregenz, Austria, during the specified business hours: 14 days.

6. Payment

In our shop, the following payment methods are generally available:

Advance payment: If you choose the payment method advance payment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

Bitcoin, Tether USDT (ETH): If you choose the payment method Bitcoin or Tether USDT, we will provide you with our respective wallet addresses in a separate email with an invoice attached and deliver the goods after receipt of payment. Please make sure to send the crypto coins to the correct network, as we do not assume any liability for burned crypto coins.

7. Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.

8. Retention of Title

The goods remain our property until full payment has been made.

For entrepreneurs, the following additional conditions apply:

We retain ownership of the goods until all claims from an ongoing business relationship have been fully settled. You are permitted to resell the reserved goods in the ordinary course of business; however, you hereby assign to us in advance all claims arising from such resale - irrespective of any connection or mixing of the reserved goods with a new item - in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations. Upon your request, we will release the securities to which we are entitled to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%.

9. Transport Damages

For business customers: The risk of accidental loss and deterioration passes to you as soon as we deliver the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment.

10. Warranty and Guarantees:

10.1 Warranty Rights:

Applicable to consumers: The statutory warranty rights apply.

Applicable to business customers and merchants: Unless expressly agreed otherwise below, the statutory warranty rights apply. The following limitations and shortening of periods do not apply to claims arising from damages caused by us, our legal representatives, or agents:

In case of injury to life, body, or health
In case of intentional or grossly negligent breach of duty, as well as fraudulent intent
In case of violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations)
In the context of a guarantee promise, if agreed upon, or
To the extent the scope of the Product Liability Act applies.

Limitations applicable to business customers:

Regarding business customers, only our own statements and the product descriptions provided by the manufacturer, which have been incorporated into the contract, shall be deemed as agreements regarding the nature of the goods. We assume no liability for public statements made by the manufacturer or other advertising statements. For business customers, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. The sale of used goods is made without any warranty. The statutory limitation periods for the recourse claim pursuant to § 445a of the German Civil Code (BGB) remain unaffected.

Provisions applicable to merchants:

For merchants, the obligation to inspect and give notice of defects as regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to comply with the notification obligation specified there, the goods shall be deemed approved unless the defect was not identifiable upon inspection. This does not apply if we have fraudulently concealed a defect.

11. Liability:

For claims arising from damages caused by us, our legal representatives, or agents, we are always fully liable in cases of injury to life, body, or health, intentional or grossly negligent breach of duty, warranty promises, if agreed upon, or to the extent the scope of the Product Liability Act applies. In the event of a slight negligent breach of essential contractual obligations, the fulfillment of which is crucial for the proper execution of the contract and the compliance with which the contractual partner regularly relies on (cardinal obligations), our liability is limited to the foreseeable damage typical for this type of contract. Any further claims for damages are excluded.

12. Dispute Resolution:

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. Consumers have the opportunity to use this platform to resolve their disputes.

We are obliged to participate in dispute resolution proceedings before a consumer arbitration board to settle disputes arising from a contractual relationship with a consumer or to determine whether such a contractual relationship exists. The competent arbitration board is Verbraucherschlichtung Austria, Mariahilfer Straße 103/1/18, 1060 Vienna, https://www.verbraucherschlichtung.at. We will participate in dispute resolution proceedings before this board.

The competent arbitration board is Verbraucherschlichtung Austria, Mariahilfer Straße 103/1/18, 1060 Vienna, https://www.verbraucherschlichtung.at.

13. Final Provisions:

If you are a business customer, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, our place of business shall be the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you.