Terms of service

General Terms and Conditions (GTC)
Status as of 25 June 2018

1. Scope of application / contracting party

In the context of your order on our online shop under the domain hempalaya.com, Hempalaya - Desiree Kudrys e.U., Aichhorngasse 5/26, 1120 Vienna, owner: Desiree Kudrys, hereinafter referred to only as "we" or "seller, the following general terms and conditions (TOS) apply in the version valid at the time of the order. No verbal ancillary agreements have been made. Our business activities primarily relate to the European economic area. Inquiries and contract conclusions are also made in individual cases.

Within the European Economic Area (EEA). You may save and/or print out the GTC on your computer for the purpose of online ordering. It is expressly stated that the application of the UN Convention on Contracts for the International Sale of Goods in relation to B2B is excluded. In the case of a conclusion of a contract which shows a connection to the right of different states, Austrian right is agreed upon according to art. 3 ROM I. This applies in the B2B as well as in the B2C reference. Within the scope of application of ROM II VO it is expressly agreed that Art 14 ROM II Austrian law shall apply.

2. Conclusion of contract / delivery quantities

In our online shop you can place an order round the clock. The contract language is German. Your order represents an offer to us, a contract is only concluded after acceptance on our part. An order is only possible if all mandatory fields marked with * in the order form are filled out. If information is missing or if we cannot comply with the order for other reasons, the customer will receive an error message if this was guaranteed by a correct address information on the part of the customer.
The customer receives supporting detailed information in the course of the order process. As soon as the order process is completed, the customer is informed that the order is now complete and that it has been successfully sent to us. Furthermore, an invoice will be sent to you at the same time. With the payment of this invoice your order will be sent to you. The contract is concluded when the order form duly completed by you has been confirmed by e-mail. Prices are quoted to the best of our knowledge. The minimum order value is € 7, under which we cannot accept any orders.

If our website should show an obvious error, such as spelling or calculation errors, despite all due care and attention, we reserve the right to charge the correct price. In this case, we grant you an immediate right of withdrawal if you do not agree. If the selected product is not available at the time of the order, the customer will be informed of this via the order confirmation. In the norm this is excellent, the customer can also pre-order the product. If there is a permanent delay in delivery, we will refrain from a declaration of acceptance. In this case a contract is not concluded. In the event of a delay in delivery of more than three weeks, the customer has the right to withdraw from the contract. In this case, payments already made will be refunded to the purchaser without delay. Furthermore it is agreed that the regulations of the UN Convention on Contracts for the International Sale of Goods are excluded.

3. Right of revocation / right of withdrawal

It is our concern that you are satisfied with your order. The term "right of withdrawal" used in Austria corresponds to the term "right of revocation" used in Germany and in the Consumer Rights Directive. We therefore use the equivalent pair of terms "right of revocation (right of withdrawal)". In the revocation instruction, which you can download from our homepage, only the term "right of revocation" is used. This is equivalent to the Austrian term "right of withdrawal". You may, however, cancel your order within two weeks of receipt by Hempalaya. The revocation is possible without providing reasons. It can be declared in writing, by e-mail or by returning the goods. The timely dispatch of the revocation is sufficient to meet the deadline. The date on which the purchaser or a third party named by the purchaser and not acting as carrier acquires possession of the goods is deemed to be the date on which the fourteen-day period expires. It shall be deemed agreed that the costs of the return shipment shall be borne by the customer in the event of revocation. After exercising the revocation you are obliged to return the goods at your own risk. The customer shall not bear the return costs if the delivered goods do not correspond to the ordered goods. In this case, the costs and risk shall be borne by Hempalaya. The goods must be returned exclusively to Hempalaya at the above postal address. The purchase price will be refunded after proper receipt of the goods and subject to a reduction in the value of the goods for which the purchaser is responsible. The value of the goods shall also be reimbursed by the customer when the goods are used. Furthermore, there is no right of revocation for goods that are manufactured according to customer specifications or clearly tailored to personal needs. This also applies to goods which can spoil quickly or whose expiration date is exceeded quickly, as well as to goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene. If the goods have been unsealed after delivery and have been inseparably mixed with other goods after delivery due to their nature, the right of revocation (right of withdrawal) shall lapse. Otherwise, the rules of rescission pursuant to § 11 FAGG as amended shall apply.

4. Delivery of the goods

The goods shall be delivered ex warehouse to the specified delivery address. We endeavour to dispatch the ordered goods within 4 working days of receipt of payment. Upon dispatch of the order, the risk for the ordered goods, even in the case of partial deliveries, passes to the customer. If the customer does not accept the delivered goods, we have the right to withdraw from the contract or claim damages for non-performance after a grace period of two weeks has expired. We endeavour to dispatch the ordered goods within 4 working days of receipt of payment. Upon dispatch of the order, the risk for the ordered goods, even in the case of partial deliveries, passes to the customer. If the purchaser does not accept the delivered goods, Hempalaya is entitled to withdraw from the contract or claim damages for non-performance after a grace period of two weeks has expired. The delivered goods shall also be accepted by the purchaser in cases of insignificant defects without prejudice to his warranty rights. If a grace period of two weeks expires, the customer has the right to withdraw from the contract or to claim damages for non-performance. The delivered goods shall also be accepted by the customer in cases of insignificant defects without prejudice to his warranty rights.

5. Data protection / terms of use

The customer agrees that the following personal data, namely name, date of birth, address, email address, orders placed for the purpose of future "visits" to the webshop, for the personalization of webshop offers are processed. The use of any postal addresses, telephone or fax numbers and email addresses within the scope of the imprint obligation for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. The operators of these pages expressly reserve the right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.

Your personal data necessary for the business transaction will be stored in compliance with data protection and treated confidentially. You are advised that Hempalaya will collect, store, process and use the data received in connection with the contractual relationship as far as this is necessary for proper order processing and information.

Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

Hempalaya makes every effort to ensure that the material contained in its web site is current, complete and correct. Nevertheless, the occurrence of errors cannot be completely excluded. We assume no liability for the topicality, accuracy or completeness of the information and material offered in our web site unless the mistake occurred intentionally or through gross negligence. This refers to any material or immaterial damage suffered by third parties as a result of the use of this website. The customer agrees to the receipt of news from our company about our products, current offers and other company-related information by means of advertising emails, in particular newsletters until revoked.

6. Payment / shipping costs

With the sending of your order over our on-line Shop the purchase price becomes due. As a rule, payments are to be made immediately after the conclusion of the purchase contract. This applies to purchases via market stalls and salesrooms, the domain "hempalaya.com" as well as for purchases from third party sales platforms such as Amazon, eBay, Etsy, Facebook, etc. Accepted payment methods are cash purchases, credit card or payments via common third party providers such as GiroPay, Stripe, Paypal, Sofortüberweisung, etc. All prices are total prices. They are inclusive of all taxes including sales tax and duties but without shipping costs. Furthermore, they do not include the costs for delivery. The price displayed before the completion of the order process is binding.

If the consumer is in default, we shall be entitled to store the goods with us, for which we shall charge a storage fee of €1 per calendar day or part thereof after one week from the due date. At the same time, we remain entitled to insist on fulfilment of the contract.

After 30 days from receipt of the invoice, default shall automatically occur without the need for a reminder. In this case, default interest in the amount of 4% shall be charged. Even if the contractual partner is in default through no fault of his own, we shall be entitled to charge default interest in the amount of 4% per annum; this shall not affect claims for compensation for proven higher interest in the event of default. In the case of a B2B contract conclusion, the relevant provisions of the UGB in the applicable version shall apply.

If Hempalaya has demonstrably incurred additional damage caused by default, this can also be asserted. The Purchaser may only offset such counterclaims which Hempalaya has acknowledged in writing or which have been legally established.

7. Retention of title

The goods shall remain the property of Hempalaya until all goods from the same order have been paid for in full. In case of default of payment by the customer, we are entitled to assert our rights from the reservation of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal from the contract.

8. Warranty rights

Properties of the products are not guaranteed by Hempalaya, unless the assurance is made explicitly. Hempalaya shall only be liable for damage to the goods themselves. In particular, the purchaser shall only be entitled to claims for damages due to possible defects if an expressly warranted characteristic is not present and if the risk of consequential damage caused by a defect should be excluded by the warranty.
Further claims of the customer - for whatever legal reason - are excluded. B2B contract conclusion, the relevant warranty provisions such as notice of defects according to § 377 UGB are to be observed.

We would like to point out that our products are handmade from natural materials. The products vary thus in form, color, weight, smell and organization. Complaints regarding these properties are therefore excluded.

Claims for damages in cases of slight negligence are excluded. This shall not apply to personal injury or product liability claims.

9. Place of jurisdiction

Place of jurisdiction is the Commercial Court Vienna, Marxergasse 1A, 1030 Vienna.