AGB / Terms and Conditions

General Terms and Conditions HANAFSAN Online Shop

(valid from: June 4, 2019)

Dr. Feurstein Medical Hemp GmbH
Obere Gamsfeldstraße 8A
6844 Altach
Österreich
Tel: +43 (0)5523 54084
Mail: info@hanafsan.com

1. General Information
The General Terms and Conditions apply to the sale and delivery of goods and the provision of services by our company. The sale of goods and the provision of services are exclusively for consumers residing in Austria. By clicking the checkbox in the shopping cart before placing the order, “I have read and accept the cancellation policy and the terms and conditions,” the buyer agrees to these general terms and conditions and is bound by them.
Our range of offers is non-binding. The order placed by a customer with full legal capacity (persons aged 18 and over) constitutes an offer to conclude a purchase contract. The confirmation of receipt of the order sent by us in accordance with § 10 (2) ECG does not in itself constitute acceptance of the offer. The purchase contract is only concluded once we deliver the ordered goods, by sending a second email as an order confirmation, or by otherwise accepting the customer's offer. All offers on our website are subject to change, non-binding, and only available while stocks last.

2. Order process, order correction, order cancellation
Once you have selected the desired product, you can add it to your shopping cart without obligation by clicking on the “ADD TO CART” button. You can view the contents of your shopping cart at any time without obligation by clicking on the “Shopping Cart” button. You can remove products from your shopping cart at any time by clicking on the “Delete X” link. If you want to purchase the products in your shopping cart, select “Shipping costs to” from the drop-down list and then click on “ORDER.” Please then enter your details. Your data will be transmitted in encrypted form. After entering your details and selecting the payment method and delivery, click on the “CONTINUE” button to go to the “Summary of your order” page, where you can check your entries again. You can correct your entries by clicking on the “Change” link. The order process can be canceled at any time by closing the browser. By accepting the privacy policy and the terms and conditions and clicking on the “PLACE ORDER” button, you complete the order process. A summary of the order will be sent to your email address.

3. Contract language
The contract content, all other information, customer service, data information, and complaint handling are provided in German.

4. Prices
The prices are valid at the time of ordering and include statutory VAT plus all shipping costs. They are displayed in the shopping cart before the contract is concluded and then in a contract confirmation sent to the customer. If export or import duties are payable in the course of shipping, these shall also be borne by the customer (information on this can be obtained from your local customs office).

5. Widerrufsrecht für Verbraucher
Verbraucher gem. KSchG haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen.
Bei Abholung im Geschäft findet online nur eine Reservierung statt,der Kaufvertrag wird erst im Geschäft abgeschlossen. In diesem Fall gibtes kein gesetzliches Rücktrittsrecht.

5. Right of withdrawal for consumers
Consumers pursuant to the Austrian Consumer Protection Act (KSchG) have the right to withdraw from this contract within fourteen days without giving any reason.
When picking up in-store, only a reservation is made online; the purchase contract is only concluded in-store. In this case, there is no statutory right of withdrawal.

The withdrawal period is:
1. in the case of a purchase contract, fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
2. in the case of a contract for several goods that the consumer has ordered as part of a single order and that are delivered separately, fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.
3. In the case of a contract for the delivery of goods in multiple partial shipments or pieces, fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece.
4. in the case of a contract for the regular delivery of goods over a specified period, fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the first goods.
To exercise your right of withdrawal, you must inform us (name, address and, if available, telephone number, fax number and email address) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of revocation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. In the case of purchase contracts in which we have not offered to collect the goods ourselves in the event of withdrawal, we may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

If you have received goods in connection with the contract, you must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract in comparison to the total scope of the services provided for in the contract.
If the customer is an entrepreneur, withdrawal is completely excluded.

Sample withdrawal form:
If you wish to withdraw from the contract, please fill out this form and send it back to us.

Information for ensuring that the return is processed as smoothly as possible:
Please return the item to us unopened and, if possible, in its original packaging.

The consumer has no right of withdrawal for contracts relating to
1. services if the entrepreneur - on the basis of an express request by the consumer pursuant to § 10 FAGG and a confirmation by the consumer that they are aware of the loss of their right of withdrawal upon complete fulfillment of the contract - had already begun to perform the service before the expiry of the withdrawal period pursuant to § 11 FAGG and the service was then performed in full,

2. Goods or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period. 3. Goods that are made to customer specifications or clearly tailored to personal needs, 4. Goods that can spoil quickly or whose expiration date would be quickly exceeded, 5. Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons, provided that their seal has been removed after delivery, 6. Goods that have been inseparably mixed with other goods after delivery due to their nature, 7. Alcoholic beverages whose price was agreed upon at the time of conclusion of the contract but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on market fluctuations over which the entrepreneur has no influence, 8. Audio or video recordings or computer software delivered in sealed packaging, provided that the seal has been removed after delivery, 9. Newspapers, magazines, or illustrated magazines, with the exception of subscription contracts for the delivery of such publications, 10. Services in the areas of accommodation for purposes other than residential purposes, transport of goods, rental of motor vehicles, and delivery of food and beverages and services provided in connection with leisure activities, provided that a specific time or period is contractually stipulated for the fulfillment of the contract by the entrepreneur, 11. the delivery of digital content not stored on a physical data carrier, if the entrepreneur – with the express consent of the consumer, combined with the consumer's acknowledgment of the loss of the right of withdrawal in the event of premature commencement of the performance of the contract, and after providing confirmation in accordance with Section 7 (3) FAGG – has already commenced delivery before the expiry of the withdrawal period in accordance with Section 11 FAGG, 12. urgent repair or maintenance work, where the consumer has expressly requested the entrepreneur to visit in order to carry out this work. If, during such a visit, the entrepreneur provides additional services that the consumer has not expressly requested, or delivers goods that are not absolutely necessary as spare parts for the maintenance or repair, the consumer has the right of withdrawal with regard to these additional services or goods.
Finally, the consumer has no right of withdrawal for contracts concluded at a public auction.

6. Payment
We accept the following payment methods: credit card and prepayment.

7. Late payment
If the customer is late with payment, we are entitled to charge the statutory default interest. The statutory interest rate for monetary claims between entrepreneurs arising from business transactions is 9.2 percentage points above the base rate (www.oenb.at). However, if the debtor is not responsible for the delay, the default interest rate is 4%. In addition, in the event of default in payment, we are entitled to charge the debtor a lump sum of EUR 40 as compensation for any collection costs in accordance with Section 458 of the Austrian Commercial Code (UGB).
The statutory default interest rate between consumers and businesses is 4 percentage points.

8. Reminder and collection fees
In the event of default, even if the delay in payment is not the fault of the contractual partner, the contractual partner undertakes to reimburse us for the reminder and collection fees to which we are entitled, insofar as these are necessary for the appropriate legal pursuit of our claims and are reasonable in relation to the claim, whereby the contractual partner specifically undertakes reimburse us for the costs incurred by us in the event of engaging a collection agency, insofar as these do not exceed the maximum rates of remuneration payable to collection agencies. If we carry out the dunning process ourselves, the debtor undertakes to pay an amount of EUR 12 per reminder, as well as an amount of EUR 5 per half-year for keeping records of the debt in the dunning process.

9. Default of acceptance
In the event of default of acceptance by customers who have placed orders as entrepreneurs, we shall be entitled to store the goods at our premises, for which we shall charge a storage fee of EUR 2 per calendar day or part thereof. At the same time, we shall insist on fulfillment of the contract.

10. Retention of title
We retain title to the delivered service or goods or to the media processed or created by us until all payments arising from the business relationship with the customer have been received. If the customer resells goods subject to retention of title, he must also pass on the retention of title. The customer must immediately notify us of any access by third parties to our goods subject to retention of title. Pledging, transfer by way of security, and similar actions involving the goods subject to retention of title are only permitted with our prior consent. If payment is not made immediately after a reminder in the event of default, our goods subject to retention of title must be returned immediately.
The costs of taking back the goods shall be borne by the customer.

11. Warranty, liability, guarantee
The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from the date of acceptance of the goods by the buyer or, in the case of services, from the date of completion of the service. In the event of justified complaints, either a replacement or repair will be provided free of charge, for which a reasonable period of time must be allowed. If replacement or repair is not possible (impossible, too costly, unreasonable, delay, etc.), the buyer is entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (rescission).
Any defects that occur must be reported as soon as possible upon delivery or after they become apparent, whereby failure to report them upon delivery or after they become apparent by a consumer has no influence on their warranty claims. If the purchase is a commercial transaction (B2B) for the customer, they must inspect the goods within 2 weeks of receipt at the latest and notify us immediately if a defect is found.
Our company is only liable for damages in cases of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential damages (due to defects), as well as other property damage, financial losses, and damages to third parties against the customer, unless it is a consumer transaction, is excluded.
The statutory warranty is not limited by the use of the guarantee.
When shipping goods in consumer transactions, the risk of loss or damage to the goods is only transferred to the consumer once the goods have been delivered to the consumer or to a third party designated by the consumer, other than the carrier. However, if the consumer has concluded the contract of carriage themselves without using a selection option proposed by us, the risk is transferred to the carrier upon handover of the goods.

12. Applicable law, place of jurisdiction
The contracting parties agree that Austrian law shall apply. If the consumer has his domicile or habitual residence in Austria or is employed in Austria, jurisdiction for any legal action against him shall lie solely with the court in whose district his domicile, habitual residence or place of employment is located; This does not apply to legal disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
For contracts with companies, our registered office is agreed as the place of jurisdiction.

13. Place of performance for business transactions
The place of performance for all services arising from the contract is our company headquarters.

14. Copyright
All news, graphics, and the design of our website are intended solely for the personal information of our customers and are protected by copyright.

15. Arbitration board
We undertake to participate in the arbitration proceedings of the Internet Ombudsman in the event of disputes:
www.ombudsstelle.at Internet Ombudsman, Ungargasse 64-66/3/404, 1030 Vienna
For more information on the types of proceedings, visit www.ombudsstelle.at.
The OSPlattform can also be used to settle disputes with our company: https://ec.europa.eu/consumers/odr
Our email address: info@hanafsan.com

16. Delivery
Delivery is made by post or DPD.
If not all items ordered are immediately available, those that are immediately available will be delivered immediately and the others will be delivered as soon as they are available. However, delivery costs will only be charged once per order, even in the case of partial delivery.

17. Shipping costs
Please refer to this list for shipping costs:
Austria $4.10; Germany $6.50; Luxembourg, Belgium, Netherlands, Poland, Slovakia, and Czechia $8.90; Italy, France, United Kingdom $9.80; Switzerland, Liechtenstein $11.90.

18. Storage of the contract
The contract text is stored by us and can be requested by you after completion of the ordering process. You can print out the order data immediately after submission. The best way to do this is to use the “Confirmation of receipt” email.

19. Miscellaneous
Recourse claims within the meaning of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused within our sphere of influence and was at least due to gross negligence.
The contractual partner waives the right to offset claims. However, this does not apply to consumers.

IMPRINT

Dr. Feurstein Medical Hemp GmbH
Obere Gamsfeldstraße 8A
6844 Altach
Austria

Tel: +43 (0)5523 54084
Email: info@hanafsan.com

Management & Owner
Dr. Daniel Feurstein
Obere Gamsfeldstraße 8A, 6844 Altach, Austria
Information, data inquiries, and complaints: info@hanafsan.com