Terms & Conditions

1a. Validity

By clicking on the button "I have read the terms and conditions and the cancellation policy and accepted.", The buyer / buyer agrees to our terms and conditions and is thus obliged to them.
Shipping, general activities and all offers of the COMPANY are based entirely on the General Terms and Conditions (in short: Terms and Conditions); Customer's terms and conditions that conflict with or deviate from these Terms and Conditions shall not be recognized by the COMPANY unless it has expressly consented to their validity.
Contract performance of the COMPANY shall not be deemed acceptance of terms and conditions deviating from these GTC.

1b.Main properties of the goods

Cbdario is in the webshop of the website (cbdario.com) u.a. natural hemp products ready for purchase.

2. Order and conclusion of contract

The presentation of the goods in the webshop does not constitute a binding offer by the COMPANY to conclude a purchase contract. The customer is merely asked to submit an offer by means of an order.
The order is made in the following steps:
1. Selection of the desired goods
2. Entering the registration data for the registration in the webshop (first name, last name, street and house number, zip code, city, country, e-mail address, telephone number), after initial registration, only a login with username and password is required
3. Show the pre-contractual information for consumers according to § 5a KSchG and § 4 FAGG
4. Choice of shipping method and method of payment (advance payment, invoice)
5. Checking the details in the shopping cart
6. Confirmation by clicking on the button "Order"
7. Re-examination and, if necessary, correction of the entered data
8. Binding dispatch of the order
9. By submitting the order in the Webshop, the customer makes a binding offer, directed to the conclusion of a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer recognizes the pre-contractual information for consumers and these terms and conditions as solely for the legal relationship with the COMPANY.
10. The COMPANY confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the COMPANY. It serves only to inform the customer that the order has been received by the COMPANY. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance.

3. Right of withdrawal of the consumer according to § 11 FAGG

1. The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), may withdraw from a contract concluded outside the business premises of the entrepreneur or from a distance contract - unless a statutory exception applies - within fourteen (14) working days.
2. The withdrawal period is fourteen calendar days. It starts with contracts for the supply of goods from the day on which the consumer (customer) or a third party designated by him, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, from the day on which the consumer (customer) or a third party designated by him, who is not the carrier, has taken possession of the last goods , It is sufficient if the consumer (customer) has sent the resignation within the deadline.
3. The declaration of withdrawal can be made informally via e-mail to info@cbdario.com.
4. The right of withdrawal does not apply to goods already opened, as well as to goods that are made to customer specifications that are clearly tailored to personal needs, which are not suitable due to their nature for a return that can spoil quickly or whose expiration date has been exceeded (Section 18 (1) FAGG).
If the consumer (customer) withdraws from the contract, these are the steps to take 1. COMPANY accepts the payments made by the consumer (customer), including the delivery costs (except for the additional costs arising from the fact that the consumer [customer] has chosen a different delivery method than the best standard delivery offered by the trader) reimburse and replace the consumer's (customers) on the case made necessary and useful effort and
2. the consumer (customer) to return the goods received within 14 days.
3. The consumer has to bear the direct costs of the return himself.

4. Prices, shipping costs

1. The prices are displayed in the webshop. All entrepreneurial prices quoted by COMPANY are, unless otherwise stated, exclusive of VAT. Prices for end-user transactions are to be understood, unless expressly stated otherwise, including VAT. The prices are automatically displayed in the webshop with the appropriate tax rates.
2. The selling prices of the COMPANY do not include any costs for shipping. Shipping is at the expense of the customer [end customer]. It will be charged for the shipping of the actual costs incurred, including a reasonable directing surcharge.

5. Import and customs regulations, export regulations

1. When ordering, the import and customs regulations of the respective country by the customer must be observed in any case.
2. The customer bears the risk for all consequences resulting from the improper shipping of goods abroad, failure to comply with the import and customs regulations of foreign countries (including the transit regulations), from the wrong or inadequate.
Copy of the customs declaration, the green customs document or other accompanying documents and the non-compliance with the applicable export regulations. This also applies to damage caused to the sender by loss of the right to compensation if the shipment is confiscated by the customs authorities of a foreign country. It is incumbent on the customer to inform himself of the consignees of the consignments, the consular offices of the countries of destination or transit, the foreign trade offices, the chambers of commerce and industry or other bodies.

6. Terms of payment, default interest

1. Terms of paymentWe accept the following payment methods:
Advance (bank transfer
For the payment method transfer, the customer must make the payment within one week from the receipt of the order confirmation. The delivery takes place only after receipt of payment.
Pay on delivery. Delivery is by Austrian Post. The delivery must be accepted. Otherwise, processing and return fees will apply.
Payment on account
Only possible for business transactions. The invoice is sent exclusively by e-mail. Invoices are delivered with orders via the online shop with the order confirmation. All prices are in Euro (€). We reserve the right to adjust prices should production require it. In business transactions, the first order will be shipped only after receipt of payment in advance. Further orders are delivered with invoice. The payment period is 30 days net. The payment terms are so generous, since the delivery times are already included. We reserve the right to deliver to customers with poor payment practices only against prepayment.
Account fees for foreign transfers (not SEPA) are borne by the buyer. The full invoice amount must be credited to Cbdario's account.
In case of late payment we charge 5 € processing in case of recurrence. Should it come to a dunning procedure, the customer bears the costs incurred.
In the event of default of payment by the customer, the COMPANY is entitled, at its discretion, to claim compensation for the damage actually incurred or default interest at the statutory rate. These are for consumers: 4% p.a., for entrepreneurs: 9.2% p.a. above the base rate.
2. The COMPANY is entitled, in the event of default of payment of the customer from the date of delivery of the goods to demand compound interest.

7. Reminder and Collection Fees

In the event of default of payment, the customer undertakes to replace the dunning and collection charges incurred by COMPANY, insofar as they are necessary for the purpose of legal prosecution. In the case of business dealings, this includes a lump sum of EUR 40, - in compensation for the costs of operation according to § 458 UGB. The assertion of further rights and claims remains unaffected.

8. Acceptance delay

If the customer has not accepted the goods as agreed (default of acceptance), after unsuccessful grace period, the COMPANY shall be entitled to either store the goods for which the COMPANY may charge a storage fee of 0.1% of the gross invoice amount per calendar day started To store the costs and risk of the customer with an authorized business person. At the same time, the COMPANY is entitled either to insist on fulfillment of the contract or to rescind the contract after setting an appropriate period of grace of at least 2 weeks and to reuse the goods elsewhere.

9. Terms of delivery

1. For performance, the COMPANY shall only be obligated as soon as the customer has fulfilled all his obligations, which are necessary for execution.
2. Unless otherwise stated in the order confirmation, the COMPANY will deliver the goods within 4 working days after receipt of payment.
3. The COMPANY is entitled to exceed the agreed deadlines and delivery times by up to one week. Only after this period has expired, the customer is entitled to withdraw from the contract after setting a reasonable grace period.

10. Minor performance changes

If it is not a consumer business, minor or other reasonable changes to the performance or delivery obligation that are acceptable to the customer shall be deemed approved in advance. This applies in particular to deviations caused by the goods (for example, in terms of dimensions, colors, packaging, smell, etc.).

11. Compensation

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or - in the case of consumer transactions - for damage to items taken over for processing. The existence of slight or gross negligence, unless it is a consumer business, the injured party has to prove. The provisions on compensation contained in these General Terms and Conditions or otherwise agreed apply even if the claim for damages is asserted in addition to or instead of a warranty claim.

12. Retention of title

All goods are delivered by the COMPANY under retention of title and remain until full payment of the property. The assertion of the retention of title is only a withdrawal from the contract, if it is expressly declared. In the case of return of goods, the COMPANY is entitled to charge incurred transport and handling charges. In the case of access by third parties to the reserved goods - in particular through garnishments - the customer undertakes to point out the property right of the COMPANY and to notify the latter immediately. If the customer is a consumer or not an entrepreneur whose normal business includes trading in the goods purchased by COMPANY, he may not dispose of the reserved goods, in particular not sell, pledge, give or lend them until the outstanding purchase price claim has been fully settled. The customer bears the full risk for the reserved goods, in particular for the risk of loss, loss or deterioration.

13. Right of withdrawal of the COMPANY / unjustified rescission of the customer

1. In the event of default in acceptance (item 7) or other important reasons, such as default of payment by the customer, the ENTREPRENEUR is entitled to withdraw from the contract, provided that it has not yet been fully fulfilled by both parties. In the event of withdrawal, the COMPANY has the option, if the customer is at fault, of claiming a lump-sum compensation of 15% of the gross invoice amount or compensation for the damage actually incurred. In the event of default of payment by the customer, the COMPANY shall be released from all further performance and delivery obligations and entitled to withhold outstanding deliveries or services and to demand advance payments or seizures or to withdraw from the contract after setting a reasonable grace period.
2. If the customer withdraws from the contract without being entitled to do so or if he desires his cancellation, the COMPANY has the choice to insist on the performance of the contract or to agree to the cancellation of the contract; in the latter case, the customer is obliged to pay a lump-sum compensation of 15% of the gross invoice amount or the damage actually incurred at the discretion of the COMPANY.

14. Privacy, change of address and copyright

1. The customer grants his consent that the personal data contained in the purchase contract will be stored and processed by the COMPANY in an automated manner in fulfillment of this contract. Data will not be passed to third parties.
2. The customer is obliged to notify changes in his residential or business address to the COMPANY, as long as the contractual transaction is not completely fulfilled by both parties. If the message is omitted, declarations shall be deemed to have been received even if they are sent to the last known address.
3. Plans, sketches or other technical documents as well as samples, catalogs, brochures, illustrations and the like always remain the intellectual property of the COMPANY; the customer does not receive any kind of use or exploitation rights.

15. Right of retention

If it is not a consumer business, the customer is justified in justified complaint - except in cases of reversal - not entitled to restraint of the entire, but only an appropriate part of the gross invoice amount.+

16. Place of performance, contract language, choice of law, place of jurisdiction

1. Place of performance is the registered office of the COMPANY.
2. The contract language is German.
3. The contracting parties agree on Austrian domestic jurisdiction. If it is not a consumer business, the court having jurisdiction in the place of business of the COMPANY shall have exclusive local jurisdiction to decide on all disputes arising from this contract.
4. Substantive Austrian law is applicable to this contract to the exclusion of the reference norms of international private law (eg, ECC, ROM I-VO) and the UN Sales Convention. This choice of law applies to a consumer only to the extent that it does not restrict any mandatory statutory provisions of the state in which he has his domicile or habitual residence.

17. Partial nullity

Should provisions of this contract be legally ineffective, invalid and / or void or become in the course of their duration, this does not affect the legal validity and the validity of the remaining provisions. The contracting parties undertake in this case to replace the invalid, invalid and / or void (invalid, invalid and / or nullified) provision by one that is legally effective and valid and in its economic effect of the replaced provision - as far as possible and legally permissible - corresponds.

18. Information about cookies

We use cookies to make your visit to our website attractive and to allow certain features to be used. These are small text files that are stored on your computer. The generated cookies have an expiration time of max. 3 months.
You can set your browser so that you are informed about the setting of cookies, decide on a case-by-case basis, or rule out the acceptance of cookies. Failure to accept cookies may limit the functionality of our website.

19. Information about Analytics

This website uses local analysis tools. As a result, no user data is transmitted to external services. Data is stored for analysis for 6 months.

20. Processing prohibition

The flowers offered may exist only in their original form and not be further processed.

21. Final provisions

1. All declarations of a legally binding nature based on this contract must be made in writing to the address of the other contracting party last notified in writing. If a declaration is sent to the last address given in writing, this is deemed to have been received by the respective contracting party. Invoices will be sent by e-mail.
2. The designation of the headings chosen for the individual chapters is solely for the sake of clarity and therefore can not be used to interpret this contract.
3. The assignment of individual rights and obligations from these terms and conditions is only permitted with the express written consent of the other contracting party.

22. Approval according to § 107 TKG

The customer agrees to receive communications from the COMPANY or companies commissioned by the COMPANY for advertising purposes within the meaning of Section 107 of the Telecommunications Act (TKG). This consent can be revoked by the customer at any time at info@cbdario.com.