Terms and ConditionsGeneral terms and conditions of Hemptation
Scope of application
- Valid from the 1stof July 2018
These General Terms and Conditions of Business (hereinafter referred to as the “GTC”) apply to the sales and delivery of products, through the company Hemptation and its customers.
Hemptation reserves the right to modify these general terms and conditions at any time. In any case the version of the GTC valid at the time of ordering are considered binding.
Oppositions or deviations from these terms and conditions are generally not accepted, except if Hemptation has given written consent by email prior to the acceptance of the order.
By placing an order, the customer expressly agrees and consents with the GTC provided.
Conclusion of the contract
- The contractual partner is the firm Hemptation in the Wiener Straße 50 2700 Wr. Neustadt, Austria
- CEO: Priyanka Stögerer
Website: http://www.Hemptation.at and http://www.Hemptation.de
The offering of goods on the company’s website does not constitute a binding sales offer. Only through ordering does the customer place a binding offer, in which the ‘’buy now’’ button has been pressed after filling the online order form.
The acceptance of the customer’s offer takes place through sending an order confirmation by email or through the actual delivery of ordered goods.
Hemptation is entitled to refuse the acknowledgement of an order without giving any reason.
If an order comprises several deliveries, the contract shall be concluded on the basis of items that have been confirmed or that are being delivered.
Delivery Costs and DeliveryAll parcels are shipped through the Austrian post.
- Austria: 5,90 € per parcel
- Germany: 11,90 € per parcel
- EU: 13,90 € per parcel
We offer free delivery from an order value of 70€
Express Mail Service (EMS): 11,00 € per parcel
- After receipt of the payment, the parcel will be sent for delivery after 2 working days.
Cash upon delivery
- Only possible in Austria with an additional 5,50 € per parcel.
Payment and down payments, retention of title
- If the goods are paid in advance per bank transfer, all charges are to be borne by the client.
- The customer also has alternative forms of payment (surname, cash payment, bank transfer, credit card, Paypal).
- Hemptation reserves the right of ownership of all goods supplied until complete payment of the purchasing price including ancillary costs. Assertion of the reservation of ownership shall involve a withdrawal from the contract only if this is explicitly declared. If goods are returned, Hemptation is entitled to charge any incurred transport and manipulation expenses.
- The customer bears the full risk for the conditional goods, especially in the case of destruction, loss or deterioration.
Orders, delivery deadlines and delivery obstacles
- The acceptance of orders is conditionally dependent on deliverability. The delivery date is indicated in the respective order confirmation and delivery time is usually between three to five days in national territory, unless otherwise specified. The delivery date for abroad deliveries may be prolonged. All delivery dates count from the moment the payment has been received.
- Should Hemptation not deliver and is not able to provide the customer with a new delivery date, Hemptation is entitled to cancel the contract entirely or partially without any liability. In such cases, the customer can equally withdraw from the contract.
- In any case, Hemptation does not accept and deliver orders to countries where special regulatory requirements exist that forbid a delivery of these products or to those countries that are dependent on government administration restrictions.
- Any changes to or cancellations of orders made by the customer must be made in writing (including per Fax or per E-Mail).
Transfer of risks
- Should the buyer collect the goods himself, utilization and risk is transferred to the buyer upon delivery, after the payment has been made.
- Hemptation decides the mode of transport for deliveries. Utilization and risk are only transferred from the carrier to the customer upon the handover of the goods.
- If the customer is a consumer in terms of the Austrian Consumer Protection Act, then a withdrawal from the contract without having to mention any reason is possible within 14 days of receiving the goods. A cancellation instruction can be found on the website of the company under www.hemptation.com.
- A form for the declaration of revocation is available there.
- The warranty claim requires that the customer immediately records defects upon takeover.
- A warranty claim is in any case limited to the original purchasing price.
- Hemptation fulfils its warranty obligations at its own discretion either through delivery of defect-free goods, improvement, redelivery of shortages or recession of the contract (meaning refund of the purchase price) within a reasonable time.
- The positions 8.2. to 8.5. of the Austrian consumer protection law applies that the client is, in case of a deficiency and with notice of the legal regulations, entitled to choose between correction, replacement , reasonable price reduction or conversion of the product.
Electronic processing of customer information
- The customer consents that the personal information provided by him or her through the purchasing contract and during registration (order procedure)will be used and stored in accordance with the provisions of the Data Protection Act.
- This information will be used when necessary to comply with legal requirements: for the processing of payment transactions, customer service as well as marketing purposes. Further, the customer agrees to obtain electronic communication of advertising by Hemptation (for example, by email). This consent can be revoked at any time through an email to firstname.lastname@example.org.
- Should individual conditions of the contract or these terms and conditions become invalid, this does not invalidate the entire contract or the entire terms and conditions.The remaining contents of the contract and the remaining terms and conditions remain unchanged.
- Austrian law is applicable to all disputes arising out of or in connection with the contract, excluding international law rules and the UN Sales Convention.
- For the resolution of all disputes arising in connection with the contractual relationship, the competent court at the registered office of the company is exclusively responsible. Mandatory legal regulations related to the consumers remains unaffected.