Conditions

1. Scope of the General Terms and Conditions

  1. The following general terms and conditions (hereinafter referred to as “GTC”) apply exclusively to the business relationship between “CannExotic” and the purchaser of the seller’s products and services (hereinafter referred to as “products” or “goods”), hereinafter referred to as “buyer”.
  2. Differing conditions of the customer will not be recognized, even if the seller provides his service without objection, unless the seller expressly agrees to the validity of the customer's different conditions.
  3. “Consumer” within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
  4. “Entrepreneur” within the meaning of the General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Contact and service details

  • Please note the following information about how to reach our customer service.
    1. Email address: kontakt@cannexotic.com
    2. Availability of customer service: weekdays from 9 a.m. to 6 p.m

    3. General information on offers and orders

    1. The presentation of the products in the shop, on websites and in digital printed brochures, catalogs or comparable product presentations from the seller does not constitute a legally binding offer, but rather an invitation to place an order and thus the customer's offer.
    2. Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to the seller if they are necessary for the fulfillment of the contract. In particular, customers must ensure that the email and delivery addresses provided are correct and that any obstructions to receipt for which the customer is responsible are taken into account (e.g. by checking the spam folder of the email software used).
    3. Customers are asked to carefully read and follow the instructions during the ordering process and, if necessary, to use the existing support functions of their software and hardware (e.g. magnification or reading functions). Required information will be marked by the seller as such in an appropriately recognizable manner for the customer (e.g. by visual highlighting and/or an asterisk). Until the order is sent, customers can change and view the product selection and their entries at any time, go back in the ordering process or cancel the ordering process altogether. To do this, customers can use the usual functions available to them on their software and/or end device (e.g. the back and forth buttons in the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

    4. Ordering process and conclusion of contract

    1. The customer can select products from the seller's range offered to the customer and collect them in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, for example deleted. Otherwise, the customer can initiate the completion of the ordering process.
    2. By clicking on the button that completes the ordering process, the customer makes a binding offer to the seller to purchase the products in the shopping cart.
    3. The seller can accept the customer's offer within the acceptance period. The acceptance period is five days. The acceptance period begins when the customer completes the ordering process (in the shop, or if used and named, on the platform used or via other communication channels) and ends at the end of the last day. The seller can accept the customer's offer by explicitly accepting the contract, including by email. Acceptance can also take place through the dispatch of the goods and their receipt by the customer within the acceptance period, as well as through a payment request addressed to the customer by the seller and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound to his offer.

    5. Contract text and contract language

    1. The seller saves the contract text and makes it available to the customer in text form (e.g. via email or printed with the delivery of the order). The customer can print out the contract text before submitting the order to the seller by using the print function of their browser or the save function for web pages in the last step of the order.
    2. If customers have created a customer account, they can view the orders placed in their account area. The full text of the contract is not accessible in the account area.
    3. The contract language is German, contracts can be concluded in this language.

    6. Information about prices and shipping costs

    1. Unless stated otherwise, all prices are total prices including the applicable statutory sales tax (VAT).
    2. The delivery and shipping fees that apply in addition to the sales price will be communicated to the customer or linked to in the respective product description and before the order is completed.

    7. Payment methods and payment conditions

    1. Unless otherwise agreed, payments are to be made without deductions, discounts or other discounts.
    2. When using financial institutions and other payment service providers, the payment service providers' terms and conditions and data protection information also apply with regard to payment. Customers are asked to observe these regulations and instructions as well as information during the payment process. This is particularly because the provision of payment methods or the course of the payment process can also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
    3. The customer ensures that he meets the requirements required for successful payment using the chosen payment method. This includes in particular the sufficient coverage of bank and other payment accounts, registration, legitimation and authorization for payment services as well as the confirmation of transactions.
    4. If a payment is not made or reversed due to insufficient funds in the customer's account, incorrect bank details or an unjustified objection by the customer, then the customer will be responsible for the resulting fees, provided that he is responsible for the failed or reversed booking and in the event a SEPA transfer was informed in good time about the transfer (so-called “pre-notification”).
    5. The seller reserves the right to only offer payment methods from or up to a certain order value. In this case, the seller will inform customers of a corresponding payment restriction until the start of the ordering process. The right of consumers to a free, common and reasonable means of payment is not restricted.
    6. Information page with information about the payment methods available at the end of a purchase or by request.
    7. Advance payment – ​​If payment has been agreed in advance by means of a bank transfer, the payment amount is due upon conclusion of the contract, unless an express agreement to the contrary is made. The seller informs the customer of his bank details. The delivery will take place after the payment. If, despite being due, the advance payment has not been received by the seller within 14 calendar days of sending the order confirmation, despite the due date, the seller will withdraw from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the customer and seller.
    8. SEPA direct debit – By submitting the order, the customer gives the seller a SEPA direct debit mandate. By granting the SEPA direct debit mandate, the seller is authorized to initiate the payment transaction, which will automatically debit the customer's bank account. The customer will be informed of the date of debiting the bank account (referred to as “Pre-Notification”). The pre-notification is not tied to any form and can, for example, take the form of an invoice, information in an email, on a website or in terms and conditions. The deadline for advance notice of the date of debiting the bank account is 5 days (referred to as the “Pre-Notification Period”). The invoice amount is due after the direct debit mandate has been issued, but not before the pre-notification deadline has expired. The account will be debited before the goods are dispatched, but not before the pre-notification period has expired.
    9. Credit card payment – ​​When placing the order, customers provide their credit card details. The customer's credit card will be charged immediately after completing the order and after being authorized as the legitimate cardholder.
    10. Klarna – Payment is carried out via the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: “Klarna”) using the Klarna payment method provided or chosen by the customer. Klarna’s terms of use apply, which can be found at https://www.klarna.com/de/ can be viewed and communicated to the customer as part of the payment process.
    11. Klarna Sofortüberweisung (Sofort) – Payment is carried out using online banking data by the provider Sofort GmbH immediately after the order is placed in accordance with the conditions of Klarna Sofortüberweisung (which are also communicated to the customer as part of the ordering process). Additional Information: https://www.klarna.com/sofort/.
    12. Giropay – Using Giropay requires an online banking account activated by paydirekt. The payment transaction is carried out based on Giropay's conditions, which are also communicated to the customer as part of the ordering process. Additional Information: https://www.giropay.de.
    13. Google Pay – Using Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the customer as part of the ordering process. Additional Information: https://pay.google.com.
    14. Apple Pay – Using Apple Pay requires registration for this payment method. The payment transaction is carried out based on the Apple Pay conditions, which are also communicated to the customer during the ordering process. Further information and conditions: https://www.apple.com/de/apple-pay/.
    15. In the event of late payment, the seller is entitled to claim default interest at the statutory rate as well as other consequences and costs determined by law from the defaulting customers. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default. Damages caused by delay include costs of legal enforcement, such as costs for legal advice, dunning procedures or debt collection.

    8. Retention of title

    If the seller makes advance payments, the delivered products remain the property of the seller until full payment has been made.

    9. Delivery, availability of goods

    1. The ordered goods will be delivered to the specified delivery address unless different agreements have been made.
    2. If a payment service provider is used with which a delivery address is stored and through the use of the payment method by the customer the seller is informed of this delivery address as being relevant for the ordered delivery, the goods will be delivered to the different delivery address.
    3. If a delivery of goods fails for reasons for which the customer is responsible, the customer will bear the costs incurred for the outward and return shipment to an appropriate extent. If the costs arise from exercising the right of cancellation for consumers, the aforementioned obligation to bear the costs only applies to the shipping costs, while the provisions in the cancellation policy apply to the return costs.
    4. If the delivery of the goods fails due to the customer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
    5. If the ordered goods are not available because the seller is not supplied with this product by his supplier through no fault of his own, in particular with regard to ensuring delivery and making all possible and reasonable efforts, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of comparable goods. If no comparable goods are available or the customer does not request delivery of comparable goods, the seller will immediately reimburse the customer for any consideration already provided.
    6. Customers are asked to report any obvious transport damage to the transport company or carrier as soon as possible or otherwise to report the transport damage to us. This does not create any obligation for customers who are consumers; non-disclosure does not restrict the customer's legal rights or the enforcement of these rights, in particular the warranty and cancellation rights.

    10. Sale of vouchers

    1. These terms and conditions apply accordingly to the sale of vouchers that embody material or monetary values.
    2. The ordered vouchers will be sent to the customer to the email address provided.
    3. The vouchers ordered will be sent to the customer by post to the delivery address provided.
    4. The ordered vouchers are provided to the customer as an output on the screen.

    11. Promotional vouchers

    1. “Promotion vouchers” are vouchers that are issued free of charge by the seller as part of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). Promotional vouchers, on the other hand, do not represent vouchers that represent a specific monetary or material value and are purchased by the customer as a product.
    2. Promotional vouchers can only be taken into account under the stated conditions, taking into account restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified period.
    3. Unless otherwise stated, promotional vouchers cannot be combined with other promotional vouchers.
    4. Unless otherwise stated, the promotional vouchers given to recipients may not be transferred to third parties.
    5. Promotional vouchers issued by the seller may only be redeemed with the seller.
    6. Unless otherwise stated, promotional vouchers can only be redeemed before completing the ordering process.
    7. If an amount remains to be paid after a promotional voucher has been redeemed, this can be settled using the payment options offered by the seller.
    8. If a promotional voucher exceeds the value of the goods, it will only be taken into account up to the value of the goods, without the remaining amount being paid out.

    12. Youth protection and age verification

    1. By placing an order, the customer confirms that he or she has reached the minimum age required to purchase the age-restricted products.
    2. The seller uses a reliable age verification system to ensure that the customer has reached the required minimum age. Goods are handed over to the customer personally and only after the customer has been successfully authenticated and a positive age check has been carried out.
    3. The products covered by the age restriction include tobacco products.
    4. Products covered by the age restriction include alcoholic beverages.

    13. Cancellation policy

    The information on the right of withdrawal for consumers can be found in the seller's cancellation policy.

    Cancellation instructions and cancellation form for consumers

    “Consumer” within the meaning of this cancellation policy is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.

    Right of withdrawal

    You have the right to cancel this contract within 14 days without giving reasons.

    The cancellation period is 14 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 us, email address: kontakt@cannexotic.com, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.

    In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

    Consequences of revocation

    If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

    We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

    You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

    You bear the direct costs of returning the goods.

    With regard to goods that cannot normally be returned by post due to their nature (forwarding goods), you will bear the direct costs of the return. The costs are estimated at a maximum of around €350.

    You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

    Exclusion or premature expiry of the right of withdrawal

    • The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.
    • The right of withdrawal expires prematurely in contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.

    Sample cancellation form

    (If you want to cancel the contract, please fill out this form and send it back.)

    At

    Email address: kontakt@cannexotic.com

    I/we (*) hereby revoke the contract concluded by me/us (*).

    Purchase of the following goods (*)/provision of the following service (*)

    ______________________________________________________

    ______________________________________________________

    Ordered on (*) ____________ / received on (*) _________________

    _______________________________________________________

    Name of the consumer(s)

    _______________________________________________________

    Address of the consumer(s)

    _______________________________________________________

    Signature of the consumer(s) (only for paper notification)

    _________________________

    Date

    (*) Delete what is not applicable

    Information on returning goods

    • The following modalities mentioned in this section are not a prerequisite for the effective exercise of the right of withdrawal.
    • Please avoid damaging or contaminating the goods.
    • If possible, please send the goods back to us in the original packaging and outer packaging with all accessories and all packaging components. If the original packaging or outer packaging is no longer in your possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for damages due to damage caused by inadequate packaging.

    14. Voluntary return policy

    1. The seller grants the buyer a voluntary right of return subject to the following conditions.
    2. The period within which the ordered goods can be returned is 14 days from receipt of the respective goods (the period begins on the day after receipt of the goods) or conclusion of the contract for contracts for the purchase of digital content or services. The return requires that the goods are sent no later than the last day of the deadline.
    3. The goods to be returned must be forwarded to the office.
    4. The statutory right of withdrawal of customers who are consumers is not affected by compliance with the rules of the supplementary contractually granted right of return and remains in effect regardless of this. This also applies to warranty rights, which consumers can claim free of charge, and other rights and claims of customers with regard to the relevant products. If purchased products are returned within the cancellation period on the basis of the statutory right of cancellation, then the regulations regarding the shipping and return costs as well as reimbursement of the purchase price are determined in accordance with the right of cancellation and the cancellation instructions provided to consumers.
    5. The goods can only be returned if they are complete, unused and undamaged.
    6. Goods can only be returned in their original packaging.
    7. The voluntary right of return does not apply to goods that can spoil quickly or whose expiry date would quickly be exceeded (natural products can no longer be returned after the 14-day cancellation period).
    8. The voluntary right of return does not apply to sealed goods that are not suitable for return for health protection or hygiene reasons if their seal has been removed after delivery.
    9. The voluntary right of return does not apply to audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
    10. The voluntary right of return does not apply to goods if they were inseparably mixed with other goods after delivery due to their nature.
    11. If goods are returned in accordance with this voluntary right of return, the seller will reimburse the customer for the purchase price of the goods already paid.
    12. The original shipping costs of the goods to the customer will not be refunded based on the voluntary right of return.
    13. The costs of returning the goods from the customer to the seller will not be reimbursed based on the voluntary right of return, unless the goods are obviously defective or damaged.
    14. The same payment method that the customer used in the original transaction will be used for the repayment. Unless something else has been expressly agreed with the customer.
    15. Buyers must pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

    15. Warranty and liability

    1. The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.
    2. The seller assumes no liability for the customer's Internet connection, the software and hardware used by the customer, or any disruptions caused by them in the establishment or execution of the contract between the customer and seller.
    3. The restrictions on warranty and liability obligations as well as shortening of relevant deadlines do not apply in the event of compelling recourse claims by the customer under consumer law. This applies in particular in the case of consumer claims for damages and reimbursement of expenses, in the case of a shortening of the deadline for products that were used for a building in accordance with their normal use and caused its defects, as well as in the case of any obligation to update contracts for digital products.

    16. Codes of Conduct

    1. The seller has agreed to the following codes of conduct.
    2. Google Customer Reviews Code of Conduct: https://support.google.com/

    17. Dispute resolution and consumer dispute resolution

    1. The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/ find. Consumers have the opportunity to use this platform to resolve their disputes.
    2. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer dispute resolution board.