GENERAL TERMS AND CONDITIONS

1. scope of application

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to your commercial or self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of your commercial or independent professional activity when concluding a legal transaction. In relation to entrepreneurs, these General Terms and Conditions also apply to future business relations without us having to refer to you again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is herewith contradicted; you will only become part of the contract if we have expressly agreed to this.

2. contracting party, conclusion of contract

The purchase contract is concluded with Hanfgeflüster GmbH. By placing the products in the online shop we make a binding offer to conclude a contract for these articles. You can place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.

3. contract language, contract text storage

The language available for the conclusion of the contract is German. We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can also view the AGB at any time here on this page. For security reasons, your past orders are no longer accessible via the Internet.

4. terms of delivery

We deliver free of charge for the recipient within Germany. Outside Germany, country-specific costs will be charged. We only deliver by mail. Unfortunately it is not possible to collect the goods yourself.

5. payment

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is always made to Klarna:

Invoice: The payment period is [14] days from the date of dispatch of the goods/tickets/ or, in case of other services, from the date the service is made available. The complete invoice conditions for the countries where this payment method is available can be found here: Germany.

Installment purchase: Klarna’s financing service allows you to pay for your purchase in fixed or flexible monthly instalments under the conditions specified in the checkout. The instalment payment is due at the end of each month after Klarna has sent you a monthly invoice. For more information on instalment purchases including the General Terms and Conditions and the European Standard Consumer Credit Information for countries where this payment method is available, please click here (only available in the countries indicated): Germany.

Sofortüberweisung: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited immediately after placing the order.

Direct debit: The debit will be made after the goods have been shipped. You will be informed about the time by e-mail.

The use of the payment methods invoice, instalment purchase and direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit assessment within the framework of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted on the basis of the results of the credit assessment. Further information and Klarna’s terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s data protection regulations.

If you conclude a purchase contract by clicking on the button “Buy now” we reserve the right to contact you if payment is not received. This is not for marketing purposes, but for customer-friendly fulfilment of our claim for payment.

Should you not have paid your invoice within three months, we will transmit relevant data for the commercial collection of the claim and assign the claim to Collectia GmbH, Brunnwiesenstr. 4, 94469 Deggendorf. You shall bear the costs for the collection of the claim.

6. right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.

In order to exercise your right of withdrawal, you must inform us (Hanfgeflüster GmbH, 10997 Berlin, info@hanfgefluester.de) by means of a clear declaration (e-mail) of your decision to withdraw from this contract. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

7. consequences of the revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for checking their condition, properties and functionality.

8. transport damage

If goods are delivered with obvious transport damages, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

9. warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. For entrepreneurs, the period of limitation for claims for defects is one year from the transfer of risk; the statutory periods of limitation for the right of recourse according to § 478 BGB remain unaffected. In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract are deemed to be an agreement on the quality of the goods; we accept no liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement delivery). The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

In case of injury to life, body or health
In the event of intentional or grossly negligent breach of duty and fraudulent intent in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) within the framework of a guarantee promise, if agreed insofar as the scope of application of the Product Liability Act is opened up.

You will find information on any additional guarantees that may apply and their exact conditions with the product and on special information pages in the online shop.

10. Liability

We exclude liability for slightly negligent breaches of duty, provided that these do not concern duties essential to the contract, damages from injury to life, body or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to obtain ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.

11 Disclaimer for the purchase of CBD products

Hanfgeflüster GmbH assumes no liability for any damage or consequences that may occur after receipt and opening of our CBD products. This includes in particular legal or health consequences arising from the further processing of our products, illegal consumption and resale. We expressly point out that our products are not intended to cure diseases. Our articles, products, information do not replace professional advice from a doctor or pharmacist and may not be used as a basis for independent diagnosis and the beginning, modification or termination of treatment of diseases. Never take medication, including medicinal herbs or dietary supplements, without consulting your doctor or pharmacist. Always consult your doctor if you have health questions or complaints. Our texts do not claim to be complete, nor can we guarantee that the information provided is up-to-date, correct and balanced.

12. dispute resolution

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find at http://ec.europa.eu/consumers/odr/ Consumers have the possibility to use this platform to settle their disputes. In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board. The competent body is the Allgemeine Verbraucherschlichtungsstelle des Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will take part in any dispute settlement proceedings before this body.

13. minors

We do not offer products for purchase by minors. Our products can only be purchased by adults. Under 18 years of age, the purchase of our products is not permitted.

14. final provisions

If you are an entrepreneur, then German law shall apply to the exclusion of the UN Sales Convention. If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.