1. Scope and provider
(1) These General Terms and Conditions apply to all orders placed by customers at the online store www.hhc-grosshandel.com Cannavibes International sro Korunní 2569/108, Vinohrady, 101 00 Praha.
(2) The range of goods in our online shop is aimed exclusively at customers who are to be regarded as entrepreneurs within the meaning of Section 14 Paragraph 1 of the German Civil Code (BGB), i.e. who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions also apply to all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of the customer that contradict our General Terms and Conditions is hereby expressly rejected.
2. Conclusion of contract and prices
(1) By completing the customer's order in our online shop, the customer submits a binding offer to purchase. If we subsequently send an automated confirmation of receipt, this does not constitute acceptance of the customer's purchase offer. A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we select the goods and send them to the customer without prior express declaration of acceptance.
(2) The prices stated in our online shop are net prices. The applicable statutory value added tax applies.
(3) All prices are exclusive of shipping costs as stated.
3. Terms of payment; default
(1) The payment methods available to each customer are indicated in our online shop.
(2) All payments must be made within 10 days of invoicing.
(3) In the case of payment by credit card, the purchase price will be reserved on the customer's credit card at the time of the order ("authorization"). The actual debit to the customer's credit card account will occur at the time we ship the goods to the customer.
(4) In the case of payment by direct debit, the customer may be required to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect bank details provided by the customer.
(5) If the customer defaults on a payment, he is obliged to pay statutory default interest of 9 percentage points above the base interest rate. In addition, there is a claim to payment of a flat rate of 40 euros. The right to claim further damages remains reserved.
(6) If the customer does not meet his payment obligations on time or if it turns out that his financial circumstances are no longer sufficient for a loan or deferral, we are entitled to demand immediate payment of all outstanding claims or to demand security.
4. Set-off/right of retention
(1) The customer shall only be entitled to a right of set-off if his counterclaim has been legally established or is not disputed by us.
(2) The customer can only assert a right of retention if his counterclaim is based on the same contractual relationship.
(3) We may assert a right of retention against all future orders of the customer, even if they have been accepted, if the customer fails to meet his payment obligations.
5. Delivery, transport risk, delivery dates
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify at your request. The delivery of freight forwarding goods is free curbside unless otherwise agreed in individual cases.
(2) The risk is transferred to the customer when the goods are handed over to the forwarding agent, freight carrier or other third party appointed to carry out the shipment. The handover begins at the same time as the loading process. A delay in acceptance by the customer leads to the transfer of risk.
(3) We are released from our obligation to perform if we ourselves have not been supplied on time by our suppliers as part of a congruent hedging transaction, unless we are responsible for the non-delivery. The customer will be informed immediately of the missing delivery and the consideration will be reimbursed immediately.
(4) If advance payment has been agreed, the delivery dates stated are subject to timely payment. In the event of late payment, the delivery date will be postponed accordingly.
(5) We are entitled to make partial deliveries if this is reasonable for the customer, taking into account the interests of both parties. Additional shipping costs are at our expense. The risk is transferred to the customer upon delivery of the respective partial delivery. If we are in default with outstanding partial deliveries or if we are unable to deliver outstanding partial deliveries, the customer is entitled to withdraw from the contract in its entirety or to demand compensation for non-fulfillment of the entire obligation, provided he has no interest in the partial delivery.
5. Retention of title
(1) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the reserved goods has been transferred, pledging or transferring them as security is not permitted.
(2) The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment. However, the customer remains authorized to collect the claims. If the customer does not properly meet his payment obligations, we reserve the right to collect the claims ourselves.
(3) If the reserved goods are combined or mixed, we shall acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
(4) We undertake to release the securities to which we are entitled upon request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
6. Warranty
(1) Unless expressly agreed otherwise, the customer's warranty claims are governed by the statutory provisions of the law on sales (§§ 433 ff. BGB) with the modifications specified in the following paragraphs.
(2) Only our own information and the manufacturer's product description are binding for the quality of the goods, not public praise and statements or other advertising by the manufacturer. Patterns, material properties and structure of the products may differ from the information in the online shop. Our information on the subject of the delivery or service, including the illustrations, are only approximate descriptions, unless exact agreement is required for the contractual purpose.
(3) You are obliged to examine the goods with due care for deviations in quality and quantity and to notify us of any obvious defects immediately after receipt of the goods. This also applies to hidden defects discovered later. If the obligation to examine and give notice of defects is violated, the assertion of warranty claims is excluded.
(4) In the event of defects, we will provide warranty at our discretion by repairing the goods or supplying a replacement (subsequent performance). In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
(5) If the subsequent performance fails twice, the customer can, at his discretion, demand a reduction in price or withdraw from the contract.
(6) The warranty period is one year from delivery of the goods. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation), as well as to claims based on other damages that are based on an intentional or grossly negligent breach of duty by us or our vicarious agents.
(7) If the delivery of used products is agreed between us and the customer in individual cases, this is done under exclusion of any warranty.
7. Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for damages resulting from slight negligence resulting from injury to life, body and health of persons.
(2) In addition, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded and which must typically be expected to occur. This limitation of liability also applies to our vicarious agents.
8. Final provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) Contracts between us and you are subject exclusively to Czech law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customer shall be our place of business.
