General terms and conditions online shop

1) Area of application

1.1 These General Terms and Conditions of Business (hereinafter referred to as “GTC”) of freya-CBDCURE (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods displayed by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these General Terms and Conditions of Business apply accordingly, unless otherwise expressly regulated.

1.3 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions is 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 self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online shop of the sellers do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping basket by clicking on the button that concludes the ordering process.

2.3 The seller can accept the customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

  • by delivering the goods ordered to the customer, whereby the receipt of the goods by the customer is decisive, or

  • when the customer is asked to pay after placing an order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the payment method “cash in advance” is selected, the payment will be processed via the seller’s bank details. In the case of bank transfers from non-European countries, any transaction costs are to be borne by the customer. The total amount is to be transferred to the Seller’s account within three working days of receipt of the order confirmation; the delivery period begins upon receipt of the full purchase price in the Seller’s account.

2.5 If the payment method “PayPal Express” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, available at https://www.paypal. com/en/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer chooses “PayPal Express” as a payment method, the customer also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer’s offer at the time when the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller’s online store before submitting his order.

2.7 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.8 Only the German language is available for the conclusion of the contract.

2.9 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

Consumers have a fourteen-day right of withdrawal.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

To exercise your right of withdrawal, you must send us
(freya-CBDCURE, Speckbacherstr.28, 6074 Rinn, Austria, https://www.freya-cbdcure.de/, Phone: +43 664 911 30 53, office@freya-cbdcure.com ) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail).
about your decision to revoke this contract.

You can use the attached sample cancellation form, which is not mandatory.

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 the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 any fees because of 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 undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods. You will 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.

The right of withdrawal does not apply to the following contracts:
Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller’s online store.

4.3 If prepayment by bank transfer is agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the Seller issues goods to the Buyer on commission, payment shall be made after settlement of the prices and payment conditions fixed in advance. The goods remain the property of the Seller until full payment.

4.6 In case of a delay in payment caused by the Buyer, the Seller shall be entitled to charge reminder fees in the amount of EUR 10.95 to EUR 15.95 per reminder, as far as these are necessary for the appropriate prosecution and are in a reasonable relation to the demanded payment.

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller had given him reasonable advance notice of the service.

5.3 In case of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the Customer may pick up the goods at the Seller’s registered office by arrangement with the Seller. In this case, no shipping costs will be charged.

5.4 Vouchers shall be delivered to the Customer as follows:

– by post

– by e-mail

5.5 The respective delivery costs are displayed in the course of the ordering process and are based on the currently valid price specifications of the transport and forwarding companies.

6) Retention of title

If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 The customer is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed in the Seller’s online store and only during the specified period.

8.2 Promotion Vouchers can only be redeemed by consumers.

8.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.

8.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.5 Only one promotional voucher can be redeemed per order.

8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

8.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

8.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

9) Redemption of gift vouchers

9.1 Gift certificates that can be purchased via the Seller’s online store (hereinafter “Gift Certificates”) can only be redeemed in the Seller’s online store, unless otherwise stated in the Gift Certificate.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Several gift vouchers can also be redeemed for one order.

9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

9.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

9.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.

10) Applicable Law

All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11) Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Republic of Austria, the place of business of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to apply to the court at the Customer’s place of business.

12) Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation:
12.1 The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consum-ers/odr/.

12.2 We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

13) 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.
The delivery person will hand over the goods only after the age check has been carried out and only to the customer personally.