By clicking the checkbox “I have read and accepted the GTC and the cancellation policy”, the Buyer agrees to these General Terms and Conditions and is bound by them.
The COMPANY’s deliveries, services and offers shall be made exclusively on the basis of these General Terms and Conditions (in short: GTC); the COMPANY shall not recognize any terms and conditions of the customer that conflict with or deviate from these GTC, unless the COMPANY has expressly agreed to their validity. Contractual performance acts of the COMPANY shall not be deemed as consent to contractual terms and conditions deviating from these GTC.
1b.Essential characteristics of the goods
Magu CBD GmbH offers in the webshop of the website (magu-cbd.com) e.g. natural hemp products for sale.
2 Order and conclusion of contract
The presentation of the goods in the web store does not constitute a binding offer of the COMPANY to conclude a purchase contract. The customer is merely invited to make an offer by placing an order.
The order is placed in the following steps:
- Selection of the desired goods
- Entering the login data for registration in the web store (first name, last name, street and house number, zip code, city, country, e-mail address, telephone number), after initial registration only a login with user name and password is required
- Display of pre-contractual information for consumers according to § 5a KSchG and § 4 FAGG
- Choice of shipping method and method of payment (credit card, pre-payment, instant bank transfer)
- Checking the information in the shopping cart
- Confirmation by clicking the “order” button
- Checking again and, if necessary, correction of the respective data entered
- Binding sending of the order
- By sending the order in the web store, the customer makes a binding offer, directed to the conclusion of a purchase contract for the goods contained in the shopping cart. By sending the order, the customer acknowledges the pre-contractual information for consumers and these GTC as solely authoritative for the legal relationship with the COMPANY.
- 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 contractual offer by the COMPANY. It merely serves to inform the customer that the order has been received by the COMPANY. The declaration of acceptance of the contract offer is made by delivery of the goods or an express declaration of acceptance.
3. right of withdrawal of the consumer according to § 11 FAGG
If you have concluded the contract as a consumer within the meaning of the KSchG, you have the right to revoke this contract within fourteen days without giving any reason.The revocation period is as follows
- in the case of a uniformly delivered order, 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 goods,
- in the case of a uniform order delivered separately, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods
- in the case of delivery of goods in several partial shipments or pieces, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or piece,
- in the case of a contract for the regular delivery of goods over a fixed period of time, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the first goods.
To exercise your right of withdrawal, you must contact the
MAGU CBD GmbH
Stiftgasse 19 1070 Vienna, Austria
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. Alternatively, you can also use the sample withdrawal form available at Sample withdrawal form, the use of which, however, is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
The right of revocation does not exist according to § 18 FAGG for:
- Goods that are made to customer specifications or clearly tailored to personal needs,
- Goods that can spoil quickly or whose expiration date would be quickly exceeded,
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery,
- goods that have been inseparably mixed with other goods after delivery due to their nature.
4. 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, MAGU CBD GmbH Stiftgasse 19 1070 Vienna, Austria, 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 will bear the costs of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
5. prices, shipping costs
- The prices are shown in the webshop. All prices quoted by the COMPANY for business transactions are exclusive of VAT, unless otherwise expressly stated. Prices for end customer transactions are to be understood inclusive of VAT unless otherwise expressly noted. The prices are automatically displayed in the web store with the appropriate tax rates.
- The COMPANY’s sales prices do not include the cost of shipping. Shipping is at the expense of the customer [end customer]. The actual costs incurred for shipping will be invoiced together with a reasonable overhead surcharge. We ship our articles with our shipping partner Österreichische Post AG.
6. import and customs regulations, export regulations
- When ordering, the import and customs regulations of the respective country are to be observed by the customer in any case.
- The customer shall bear the risk for all consequences arising from unauthorized shipment of goods abroad, non-observance of import and customs regulations of foreign countries (including transit regulations), from the incorrect or insufficient completion of the customs declaration of contents, the green customs slip or other accompanying documents, as well as from non-observance of the applicable export regulations. This also applies to damages incurred by the sender due to loss of the right to compensation if the shipment is seized by the customs authorities of a foreign country. It is the customer’s responsibility to obtain information from the recipients of the consignments, the foreign representations of the countries of destination or transit, the foreign trade offices, the chambers of industry and commerce or other offices.
6. terms of payment, interest on arrears
- Terms of payment
We accept the following methods of payment
Prepayment / Bank transfer
In the case of payment by bank transfer, the customer must make payment within 14 days of receipt of the order confirmation. Delivery will be made only after receipt of payment.
Purchase on account
The merchant is obliged to comply with the applicable data Weprotection requirements. In particular, but not exclusively, the merchant must clearly indicate in a data protection declaration on the website that complies with Art. 13 DSGVO that (1)personal data will be transmitted, stored and processed to Unzer, collection service providers, and partners [UNIVERSUM Inkasso GmbH, UNIVERSUM Payment Solution GmbH] for the purpose of implementing this agreement, accounting processing and refinancing, if applicable; (2)Provision of the customer of carrying out the risk and credit assessment, so that the notification obligation under Article 13 DSGVO is fulfilled; (3)Unzer or collection companies may, if necessary, obtain information and creditworthiness information from credit agencies on the basis of mathematical-statistical methods using address data in order to assess the creditworthiness of the data subject or customer. In detail, this may involve the following service providers – named by way of example but not exhaustively: Schufa Holding AG, CRIF Bürgel GmbH, Arvato Infoscore GmbH, Universum Business GmbH, Bisnode D & B Austria GmbH. (4)Provision of personal data by Unzer only with proof of a legitimate interest;
Klarna’s payment options
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
Invoice: the payment period is 14 days from the date of shipment of the goods. You can find the invoice terms here.Installment purchase: With the financing service of Klarna you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. You can find more information about the installment purchase including the general terms and conditions and the European standard information for consumer credit here.
After submitting your order, you will be redirected to your bank’s website. In order to be able to pay the invoice amount via EPS, you must have an online banking account with PIN/TAN procedure that has been activated for participation in EPS, you must legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards and your account will be debited. The COMPANY is entitled to charge compound interest from the date of delivery of the goods in the event of default of payment by the customer. reminder and collection fees
In the event of default in payment, the Customer undertakes to reimburse the COMPANY for any reminder and collection expenses incurred, insofar as they are necessary for appropriate legal action. In the case of business transactions, this shall in any case include a lump sum of EUR 40 as compensation for collection costs in accordance with § 458 UGB. The assertion of further rights and claims shall remain unaffected
- The COMPANY is entitled to charge compound interest from the date of delivery of the goods in the event of default of payment by the customer.
8. reminder and collection fees
In the event of default in payment, the Customer undertakes to reimburse the COMPANY for any reminder and collection expenses incurred, insofar as they are necessary for appropriate legal action. In the case of business transactions, this shall in any case include a lump sum of EUR 40 as compensation for collection costs in accordance with § 458 UGB. The assertion of further rights and claims shall remain unaffected.
9. default of acceptance
If the customer has not accepted the goods as agreed (default in acceptance), the COMPANY shall be entitled, after setting a grace period to no avail, either to store the goods on its premises, for which the COMPANY may charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store the goods at the expense and risk of the customer with an authorized tradesman. At the same time, the COMPANY shall be entitled either to insist on performance of the contract or to withdraw from the contract after setting a reasonable grace period of at least 2 weeks and to dispose of the goods elsewhere.
10. terms of delivery
- The COMPANY shall not be obliged to perform until the customer has fulfilled all its obligations necessary for performance.
- Unless otherwise stated in the order confirmation, the COMPANY will ship the goods within 4 business days after receipt of payment.
- The COMPANY is entitled to exceed the agreed dates and delivery periods by up to one week. Only after the expiration of this period, the customer is entitled to withdraw from the contract after setting a reasonable grace period.
11. minor changes in performance
If it is not a consumer transaction, minor or other changes to the performance or delivery obligation that are reasonable for the customer shall be deemed to have been approved in advance. This applies in particular to deviations caused by the goods (e.g. in dimensions, colors, packaging, odor, etc.).
12. compensation for damages
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 – to damage to items accepted for processing. The existence of slight or gross negligence has to be proven by the injured party, unless it is a consumer transaction. The provisions on damages contained in these General Terms and Conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
13. retention of title
All goods are delivered by the COMPANY subject to retention of title and remain its property until full payment has been made. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is expressly declared. In the event of goods being taken back, the COMPANY shall be entitled to charge any transport and handling costs incurred. In the event of access by third parties to the goods subject to retention of title – in particular by way of seizure – the Customer undertakes to draw attention to the COMPANY’s right of ownership and to notify the COMPANY without delay. If the Customer is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods purchased from the COMPANY, he may not dispose of the goods subject to retention of title until the outstanding purchase price claim has been settled in full, in particular he may not sell, pledge, give away or lend them. The customer shall bear the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration.
14. right of withdrawal of the COMPANY/unjustified withdrawal of the customer
- In case of default of acceptance (point 7.) or other important reasons, such as default of payment by the customer, the SUBCONTRACTOR is entitled to withdraw from the contract, provided that it has not yet been completely fulfilled by both parties. In the event of withdrawal, the COMPANY shall have the option, if the Customer is at fault, to claim liquidated damages of 15% of the gross invoice amount or compensation for the actual damage incurred. If the customer is in default of payment, the COMPANY shall be released from all further service and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a reasonable grace period.
- If the customer – without being entitled to do so – withdraws from the contract or requests its cancellation, the COMPANY shall have the choice of insisting on the fulfillment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer shall be obligated to pay, at the COMPANY’s discretion, liquidated damages in the amount of 15% of the gross invoice amount or the actual damage incurred.
15. data protection, change of address and copyright
- The customer gives his consent that the personal data contained in the purchase contract will be stored and processed by the COMPANY with the help of automated systems in fulfillment of this contract. Data will not be disclosed to third parties.
- The customer is obligated to notify the COMPANY of any changes in his residential or business address as long as the legal transaction subject to the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations shall be deemed to have been received even if they are sent to the last address notified.
- Plans, sketches or other technical documents, as well as samples, catalogs, brochures, illustrations and the like, shall always remain the COMPANY’s intellectual property; the customer shall not be granted any rights of use or exploitation whatsoever.
16. right of retention
If it is not a consumer transaction, the customer shall not be entitled to withhold the entire gross invoice amount, but only an appropriate part thereof, in the event of a justified complaint, except in cases of rescission.
17. Place of Performance, Contractual Language, Choice of Law, Place of Jurisdiction
- The place of performance is the registered office of the COMPANY.
- The contractual language is German.
- The contracting parties agree on Austrian domestic jurisdiction. If the contract is not a consumer transaction, the court with subject-matter jurisdiction at the COMPANY’s registered office shall have exclusive local jurisdiction to decide all disputes arising from this contract.
- This contract shall be governed by Austrian substantive law, excluding the conflict-of-law rules of private international law (e.g. Rome I Convention, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer, this choice of law shall only apply to the extent that it does not restrict any mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident.
18. Partial Invalidity
Should any provisions of this contract be legally ineffective, invalid and/or void or become so in the course of their duration, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void (legally ineffective, invalid and/or void) provision with one that is legally effective and valid and corresponds in its economic effect to the replaced provision – as far as possible and legally permissible.
19. information about cookies
You can set your browser so that you are informed about the setting of cookies, decide on a case-by-case basis whether to accept them or generally exclude the acceptance of cookies. If you do not accept cookies, the functionality of our website may be limited.
20. information about analytics
This website uses local analytics tools. As a result, no user data is transmitted to external services. Data is stored for 6 months for analysis.
21. processing prohibition
The offered flowers may only exist in their original form and may not be further processed.
22. final clauses
- 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 address last notified in writing, it shall be deemed to have been received by the respective contractual partner. Invoices shall be sent by e-mail.
- The designation of the headings chosen for the individual chapters is solely for the sake of clarity and is therefore not to be used for the interpretation of this contract.
- The assignment of individual rights and obligations arising from these GTC shall only be permitted with the express written consent of the other contracting party.
23. Zustimmung 22 Consent pursuant to § 107 TKG
§ 107 TKG
The Customer consents to receive messages within the meaning of § 107 of the Telecommunications Act (TKG) from the COMPANY or from companies commissioned by the COMPANY for this purpose for advertising purposes. This consent may be revoked by the customer at any time at email@example.com.