General terms and conditions of business
1. scope defence clause
(1.1) The following General Terms and Conditions in the respective version at the time of the order apply exclusively to the legal relationship between the operator of the Cannoptikum shop and its customers established via this Internet shop.
(2.2) Deviating general terms and conditions of the customer are rejected.
2. conclusion of the contract
(2.1) The presentation of the goods in the internet shop does not represent a binding offer of the provider to conclude a sales contract. The customer is hereby merely requested to submit an offer by placing an order.
(2.2) By submitting the order in the Cannoptikum Internet shop, the customer submits a binding offer aimed at the conclusion of a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also accepts these terms and conditions as solely decisive for the legal relationship with the supplier.
(2.3) The provider confirms the receipt of the customer's order by sending a confirmation email. This order confirmation does not represent yet the acceptance of the contract offer by the offerer. It serves only the information of the customer that the order was received by the supplier. The explanation of the acceptance of the contract offer takes place via the distribution of the commodity or an express declaration of acceptance.
(2.4) We do not sell goods to persons under 18 years.
With the acceptance of our AGB's they confirm that they are of full age.
(2.5) Since seeds are natural plant products produced by nature, we cannot guarantee the germination of seeds. We are only dealers, not manufacturers! We have no possibility to influence the quality of the seeds.
(2.6) All purchased hemp seeds are for personal use. We do not supply seeds to growers who grow on a large scale or for commercial purposes. We reserve the right to refuse to sell if we suspect that a provision is being violated.
Withdrawal from the purchase contract - cancellation fees
Cancellations must be made in writing (email or letter).
2. if the customer withdraws from the concluded purchase contract, a cancellation fee of € 5.00 will be charged. For cancellations made via Klarna Instant Bank Transfer, a cancellation fee of € 2,-- will be charged in addition to the cancellation fee.
The right of return is not valid for reduced goods and special offers. Returns are to be arranged exclusively to our Austrian address, transport costs and liability for transport are the responsibility of the customer.
The return is only possible if:
- Originally packaged
- There is no damage to the goods and packaging
- The goods are unused
The refund will be made within 14 days of receipt of the return. Shipping costs will not be refunded.
Exchange of seeds
Food products are excluded from exchange for legal reasons. Hemp seeds are also considered food.
3. Retention of title
The delivered goods remain the property of the supplier until full payment has been received.
Payment of the purchase price is due upon conclusion of the contract.
(5.1) The warranty rights of the customer are based on the general statutory provisions, unless otherwise provided for below. For claims for damages of the customer against the provider the regulation in 6 of these terms and conditions applies to claims for damages by the customer against the provider.
(5.2) The period of limitation for warranty claims of the customer is 2 years for newly manufactured goods and 1 year for used goods. In relation to entrepreneurs, the period of limitation for newly manufactured items and for used items is 1 year. The above shortening of the limitation periods does not apply to claims for damages by the customer due to injury to life, limb, health, as well as claims for damages due to a breach of fundamental contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract, e.g. the provider has to hand over the item to the customer free of material defects and defects of title and to procure the ownership of the item. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Towards entrepreneurs also excluded from the reduction of the limitation periods is the recourse claim according to § 478 BGB.
(5.3) A guarantee is not declared by the provider.
6. Disclaimer of liability
(6.1) Claims for damages by the customer are excluded, unless otherwise specified below. The above exclusion of liability also applies in favour of the legal representatives and vicarious agents of the Provider, if the Customer asserts claims against them.
(6.2) Excluded from the disclaimer of liability as defined in section 1 are claims for damages due to injury to life, body, health and claims for damages from the violation of essential
contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract, e.g. the provider has to hand over the item to the customer free of material defects and defects of title and to procure the ownership of the item. Also excluded from the exclusion of liability is the liability for damages caused by an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents.
(6.3) Regulations of the product liability law (ProdHaftG) remain unaffected.
(6.4) All ethnobotanical offered articles serve only for scientific use (e.g.: study purposes) as illustrative material or incense. The consumption and breeding of ethnobotanical articles is strictly forbidden in some countries. Violations of this can result in legal consequences. We hereby expressly distance ourselves from the fact that we want to encourage people to consume, trade or possess drugs. All this is illegal and very dangerous to health! For orders that are shipped outside of Austria, the customer is responsible for informing himself about the legal situation in the respective country and to bear the liability for it. The operator and owner of this site excludes any responsibility in this regard.
7. Prohibition of assignment and pledge
The assignment or pledge of the customer against the provider of claims or rights is excluded without the consent of the provider, unless the customer proves a legitimate interest in the assignment or pledge.
The customer only has a right of set-off if his claim for set-off has been legally established or is undisputed.
9. Choice of law place of jurisdiction
(9.1) The contractual relations between the Provider and the Customer shall be governed by the law of the Republic of Austria. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention is excluded.
(9.2) Place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the location of the provider's registered office. As a place of jurisdiction for all disputes, the factually competent court in Innsbruck (Austria) is agreed.
10. Severability clause
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.
11. General legal provisions
Consult the legislation of your country regarding seeds, utensils or products related to the cultivation of cannabis.
Import, possession and trade of cannabis seeds are exempt from the 1961 Vienna Convention on Narcotics, which explicitly excludes cannabis seeds from the list of narcotics subject to international surveillance.
Regulations and legislation regarding cannabis seeds vary widely from country to country. We therefore ask you to inform yourself about the applicable regulations that must be observed.
In many countries such as Spain, Italy, the Netherlands, Great Britain, Ireland, Austria, Poland, Czech Republic, Denmark, Slovenia, Romania, Bulgaria, Ukraine, Russia, Chile, Colombia and Canada, no permission is required for the trade of cannabis seeds.
As customers of Cannoptikum we ask you to agree to the following conditions:
Cannoptikum sells cannabis seeds as well as other commercial articles, which are absolutely legal in Austria, but always under the condition that the customers do not use them for other purposes not permitted by law. It is not the intention of Cannoptikum to induce others to break the law. We explicitly point out that all those who buy seeds on cannoptikum.com are responsible for future actions. We decline any responsibility that relates to this aspect.
All rights reserved by Cannoptikum KG