TERMS AND CONDITIONS

SCOPE

The following General Terms and Conditions (GTC) apply exclusively to the business relationship between "Krumme Gurken" and the customer, regardless of the means of communication used. The customer recognizes the exclusive validity of the terms and conditions of "Krumme Gurken" for the entire business relationship. "Krumme Gurken" does not recognize deviating conditions of the customer, unless the management of "Krumme Gurken" has expressly agreed to their validity in writing. If the customer enters into a business relationship with "Krumme Gurken" by using the website, he recognizes the General Terms and Conditions as the basis for the entire business relationship between the customer and "Krumme Gurken".

CONCLUSION OF CONTRACT AND RIGHT OF WITHDRAWAL

The presentation and description of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking on the “Place order” button, you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order follows immediately after the order has been sent by an automated e-mail and does not yet represent acceptance of the contract. The acceptance of the contract takes place with another e-mail, with which we confirm the dispatch of the goods and thus also the order . We would like to point out that the formation of inflorescences and infructescences in potent hemp plants must be prevented from a legal point of view. This requires artificial or natural lighting of at least 18 hours per day. By concluding a purchase contract with "Krumme Gurken", customers undertake not to use the plants purchased from "Krumme Gurken" for any illegal purpose. Furthermore, "Krumme Gurken" is entitled to reject offers. In particular, if it is apparent that customers want to obtain illegal intoxicants within the meaning of the Austrian Narcotic Substances Act (SMG) from one of the plants we offer and thus criminal liability under the Narcotic Substances Act is justified. If the offer from "Krumme Gurken" is not accepted or if certain products of the order are no longer available, this will be communicated immediately by e-mail. From an order quantity of ten plants per order, a purchase contract will only be concluded by "Krumme Gurken" if the customer confirms that this is a collective order. "Krumme Gurken" is also entitled to withdraw from the contract in the event of writing, printing or calculation errors on the website. All offers are valid while stocks last. If our supplier does not supply us with the ordered goods despite contractual obligations, we are also entitled to withdraw. The purchase price already paid will be refunded within 14 working days or offset against other goods if desired. The place of performance for entrepreneurial transactions is our company location.

RIGHT OF WITHDRAWAL

As a consumer within the meaning of the Consumer Protection Act (KSchG), you have the right to withdraw from this contract within 14 days without giving a reason. You have the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must inform me (Georg Kalenda, Hauptstraße 35, 2232 Deutsch Wagram) of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

The consumer does not have the right to withdraw from contracts for:

• Goods, the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
• Goods made to customer specifications or clearly tailored to personal needs
• Goods that can spoil quickly or whose use-by date would soon be exceeded
• Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
• Goods after their delivery
• were inseparably mixed with other goods due to their nature
• alcoholic beverages, the price of which was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence
• Sound or video recordings or computer software supplied in a sealed package if unsealed after delivery
• Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications

In the event of an effective revocation, all payments that we have received from you will be refunded immediately. We may refuse repayment until we have received the goods back or until you have provided us with proof that the goods have been returned, whichever is earlier. For the repayment, we use the same means of payment that you used in the original transaction. Please send the goods immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract to:

Georg Kalenda
Main street 35
2232 Deutsch Wagram
Austria

Goods that can be shipped by parcel are to be returned at our risk. You bear the direct costs of the return. The return of goods that cannot be packaged (in particular plants without suitable and suitable special packaging) is carried out by a forwarding agent and must also be borne by the customer.

DELIVERY

Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Depending on the country, the delivery is made with different shipping service providers. The customer bears any customs duties and other public charges. If delivery to the customer is not possible because the customer cannot be found at the delivery address specified by him, although the customer was informed of the delivery time within a reasonable period of time or the delivery address was not specified correctly, the customer shall bear the costs for the unsuccessful delivery. The delivery takes place ex warehouse, which is also the place of performance for the delivery. With the handover to the customer, the risk passes to the customer.
"Krumme Gurken" is not responsible for delays in delivery and performance due to force majeure. Events of force majeure entitle "Krumme Gurken" to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. Strikes, natural disasters, war, blockades, export and import bans and other government interventions are equivalent to force majeure, regardless of whether they occur at "Krumme Gurken" or at a supplier of "Krumme Gurken". We must inform the customer immediately of the occurrence of an event of force majeure that will impede an upcoming delivery. Deliveries are only made to those countries in which the ordered products can be sold 100 percent legally. Please note that individual products can therefore only be delivered to individual countries.

YOUTH PROTECTION

If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally.

DUE DATE, PAYMENT, DEFAULT

Unless otherwise stated, all product prices from "Krumme Gurken" are gross prices and include VAT. The prices apply at the time the order is placed, including sales tax, plus all expenses incurred with shipping until revoked. In some countries, exchange rate differences may apply if payment is made in a different currency. "Krumme Gurken" calculates with the exchange rates of the European Central Bank. For customers from countries outside the EU and Switzerland, "Krumme Gurken" deducts the VAT. The customer is responsible for paying the country-specific import and sales tax. Customs tariffs are to be paid by the customer. The purchase price is due immediately with the order.
The customer can pay the purchase price by credit card, prepayment and PayPal. With the PayPal payment method, "Krumme Gurken" saves the email address and delivery address stored with PayPal in order to be able to process the order. If the customer is in default of payment, "Krumme Gurken" is entitled to demand default interest of 5% above the base interest rate pa announced by the Austrian National Bank. If "Krumme Gurken" has incurred a higher damage caused by delay, "Krumme Gurken" is entitled to assert this.

RESERVATION OF TITLE

All our deliveries and services are subject to retention of title. The delivered goods remain the property of "Krumme Gurken" until all claims against the customer have been settled in full.

WARRANTY

Unfortunately, no guarantee can be given for living plants. But we assure you that only healthy plants leave the "Krumme Gurken". The warranty period for other products is based on the statutory provisions. This is two years and begins from the date of receipt of the goods. Claims against "Krumme Gurken" from a manufacturer's warranty that goes beyond warranty claims are excluded to the extent permitted by law. The customer is only entitled to claims from a manufacturer's guarantee against the manufacturer who has promised the guarantee.
If there is a defect in the purchased item for which "Krumme Gurken" is responsible, "Krumme Gurken" is entitled to choose between remedying the defect or making a replacement delivery. If "Krumme Gurken" is not willing or able to remedy the defect/replacement, or if this is delayed beyond a reasonable period of time for reasons for which "Krumme Gurken" is responsible, or if the remedy of the defect/replacement fails in any other way, the customer is entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price.
If a warranty case occurs with a product purchased in the online shop, the customer can return the goods to the contact address provided. If it turns out that there is no defect subject to warranty, "Krumme Gurken" will charge the customer for the expense incurred. Compensation for (defect) consequential damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.

LINKS AND REFERENCES

The links to external sites set by "Krumme Gurken" only represent signposts to these sites; they are therefore displayed in their own browser windows using external links. "Krumme Gurken" does not identify itself with the content of the linked pages and assumes no liability for them.

INFORMATION OBLIGATIONS

When ordering, the customer is obliged to provide truthful information. If the customer's data changes, the customer is obliged to inform "Krumme Gurken" of this change immediately by changing the information. If the customer fails to provide this information or leaves behind incorrect data, in particular an incorrect e-mail address, "Krumme Gurken" can withdraw from a contract if it has come about.

GOVERNING LAW AND JURISDICTION

Austrian law applies. All legal transactions between "Krumme Gurken" and the customer, insofar as there are no mandatory legal provisions to the contrary, are exclusively subject to Austrian law, excluding its reference standards and the UN Sales Convention. For consumers within the meaning of Art. 5 EVÜ, their mandatory national consumer protection regulations apply, unless the respective Austrian regulations are more favorable for the consumer. If the customer does not have a general place of jurisdiction in Germany, moves his domicile or habitual abode abroad after conclusion of the contract, or his domicile or habitual abode is unknown at the time the action is filed, then Vienna is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship.
If the customer has his domicile or habitual residence in Germany or is employed in Germany, only the jurisdiction of the court can be justified for an action against him according to §§ 88, 89, 93 paragraph 2 and 104 paragraph 1 JN , in whose district the domicile, habitual residence or place of employment is located. This does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of residence are also applicable to the contractual relationship. "Krumme Gurken" recognizes the Internet Ombudsman as an out-of-court settlement:

Internet Ombudsman
Margaretenstr. 70/2/10
A-1050 Vienna
Austria
www.ombudsmann.at