Terms and Conditions
General Terms and Conditions of Cannglory Gmbh, USt-IdNr.: ATU75011906
As of March 31st, 2020
1 Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the sale and delivery of goods by cannglory to their customers.
1.2 The GTC may be amended by cannglory at any time and always apply in the version valid at the time of the order of the customer.
1.3 Deviating terms and conditions are generally not accepted by Cannglory and are therefore not valid, unless cannglory has agreed to this in writing or by e-mail before acceptance of the order.
1.4 By placing an order, the customer expressly agrees to these GTC.
2 Conclusion of Contract
Managing directors: Ing.Henrich Varga, Roman Krasula
Commercial register number: FN 563205 v
Commercial register court: Innsbruck regional court, business department 68 Innsbruck.
Object of the company: Manufacture and sale of products in the cosmetics and health segment.
Sales tax identification number: ATU75011906
Telephon: +43 5226 30205
according to § 79 GOG
Mag. Josef Reitter
6280 Zell / Ziller
2.2 The offer of goods on the website of the Company is not a binding sale offer. It is only by placing an order that the customer makes a binding offer, by clicking on the “buy now” button after completing the online order form, accept our terms and conditions and confirm that you are over 18 years old.
2.3 By clicking on the “Place order” button you submit a binding offer to buy the goods in the shopping cart and accept the general terms and conditions. Our automatic order receipt confirmations, which are then sent, document that we have received your order, but do not constitute acceptance of your offer. A contract is only concluded with our express declaration of acceptance, which we send in a separate e-mail, or by sending the goods.
2.4 You are obliged to fill the fields (or details) provided in the order form completely and truthfully.
3 Prices and Shipping Costs
3.1 The offered prices of the goods are valid at the time of the order and are understood as gross prices in Euro. They include all statutory taxes and duties for domestic deliveries. However, the offered prices do not include any packaging and shipping costs.
3.2 The prices are based on the costs at the time of the initial price quotation. Should the costs change until the date of placing an order by the buyer, cannglory is entitled to adjust the prices accordingly. The respective binding prices are displayed on the Company’s website at https://cannglory.com/.
3.3 The sales prices do not include any costs for shipping and delivery. All costs resulting from the dispatch are borne by the buyer. The valid shipping costs are available on the Company’s website at https://cannglory.com/shipping. With an order, the customer expressly agrees to the shipping conditions.
4 Payment and down payments, reservation of title
4.1 All prices on this website are in euros and include the applicable statutory sales tax. Packaging and shipping costs, if any, are calculated and shown separately.
4.2 The payment methods shown at the end of the ordering process are available, e.g. Payment by credit card, bank transfer. We reserve the right to restrict the choice of payment methods in individual cases.
4.3 The data entered will not be saved by us, however, if necessary, by the respective payment provider.
4.4 Cannglory reserves the right to ownership of all goods up to the complete payment of the purchase price together with additional charges and any interest on arrears. The assertion of the retention of title shall only be construed as a withdrawal from the contract if it has been expressly declared. Cannglory shall be entitled to charge incurred transport and manipulation charges in the case of withdrawal of the goods. In the case of claims by third parties to the reserved goods, in particular by attachment, the customer undertakes to point out Cannglory ownership and to notify cannglory immediately. If the customer is a consumer or an entrepreneur whose ordinary business is not trading in the goods purchased by cannglory, he may not dispose of the reserved goods until full settlement of the open purchase price, in particular not by way of selling, pledging, giving or lending. The customer bears the full risk for the reserved goods, in particular the risk of destruction, loss or deterioration.
4.5 Any payments made by you will be reimbursed by the means of payment that you used when placing your order.
5 Orders, delivery times and delivery hindrances
5.1 Acceptance of orders is always subject to availability. The delivery period for the respective order is stated in the respective order confirmation and, if nothing else is stated, usually takes three to five business days domestically. For deliveries abroad, the delivery period can be extended accordingly. Delivery times are valid from receipt of payment.
5.2 If cannglory can not deliver and does not offer the purchaser a new delivery date, DNP is entitled to withdraw from the contract in full or in part without incurring any compensation for damages. Similarly, in such cases, the buyer may withdraw from the contract.
5.3 In any event, the Company does not accept any orders and does not deliver to countries where specific regulatory or other legal provisions exist which prohibit the delivery of goods to this country or are subject to special regulatory approvals.
5.4 Any changes or cancellations of orders by the buyer must be in writing (including by fax or e-mail). In certain cases, cannglory reserves the right to accept declarations in a different form.
5.5 The delivery is always made by the employees of the Company or a suitable transport company at the choice of cannglory. If the customer has not accepted the goods as agreed (delay of acceptance), cannglory shall be entitled to store the goods after unsuccessfully giving reasonable notice, for which a storage fee of 0.1% of the gross invoiced amount shall be charged for each calendar day commenced. At the same time, cannglory is entitled either to insist on the fulfillment of the contract or to rescind the contract after setting a reasonable additional period of at least two weeks and to sell the goods elsewhere. The client will be billed for a possible deficit amount.
5.6 In the event of a default of acceptance or other important reasons, such as in particular bankruptcy of the customer or rejection of the opening of insolvency proceedings for lack of assets or infringement of legal provisions, as well as for default of payment, cannglory is entitled to rescind the contract. In case of rescission, cannglory shall be entitled to claim liquidated damages of 15% of the gross invoiced amount, without prejudice to the actual damage suffered.
5.7 In case of default of payment by the customer, cannglory shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and demand advance payments or guarantees or rescind the contract after setting a reasonable deadline. If the customer – without being entitled to do so – withdraws from the contract or desires its termination, cannglory has the choice to insist on the fulfillment of the contract or to agree to the recission of the contract; In the latter case, the customer is obliged to pay liquidated damages in the amount of of 15% of the gross settlement amount or the actual damage incurred at the option of cannglory.
5.8. If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure including a personal identity and age check. The delivery person will only hand over the goods after the age check has been carried out and only to the customer in person.
6 Transfer of Risk
6.1 In case of delivery cannglory determines the type of transport and the transport route. In the case of delivery, use and risk only pass to the buyer upon delivery of the goods from the carrier to the buyer.
7 Right to Rescission of the Consumer
7.1 If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), he can withdraw from the contract within 14 days from receipt of the goods without giving reasons. A detailed information on the right of recission is available on the Company’s website at https://cannglory.com/refund policy. There is also a form for submitting the recission notice.
8.1 The warranty provisions of the Austrian General Civil Code (ABGB) shall apply in principle to all deliveries and services of the Company subject to the following provisions.
8.2 Commitments, such as the usability or special characteristics of the goods, or statements made by the employees of cannglory, are not binding and do not represent an express assurance of certain features.
8.3 Warranty claims are dependent on the fact that defects are immediately reported to cannglory, namely recognizable defects immediately upon acceptance, hidden defects after discovery, and with presentation of the goods and the original invoice.
8.4 A warranty claim is in any case limited to the purchase price of the delivered and defective goods.
8.5 Cannglory will fulfill its warranty obligations at its discretion either by delivering defect-free goods, improving, delivering the deficient quantities or unwinding the contract (i.e., repayment of the purchase price) within a reasonable period of time.
8.6 For transactions with consumers as defined by the Austrian Consumer Protection Act (Konsumentenschutzgesetz), instead of the provisions of paragraphs 8.2. through 8.5, in the event of a defect, the customer may demand improvement, exchange of the goods, reasonable price reduction or conversion in accordance with the statutory provisions.
8.7 For reasons of taste, commercially regular or minor deviations of the quality, quantity, color, size, weight, equipment or design, which are technically caused, neither represent a defect in the warranty nor do they fail to fulfill the contract. In particular it has to be noted that the products of the Company are natural products which can inevitably change from batch to batch in fragrance, appearance and composition.
8.8 Cannglory shall not be liable for the taste, color, material and pattern of conformity or other characteristics of reordered goods. The same applies to the goods ordered according to samples, as far as the deviation is within the commercial and technical limits.
8.9 After tasting, consumption or started processing of the goods any warranty is excluded.
9 Electronic Processing of Customer Data
9.1 The buyer agrees that the personal data cited in the purchase contract and disclosed by him at the time of registration or order are stored and processed in compliance with the provisions of the Data Protection Act. These data are used, to the extent necessary, to comply with legal requirements, the handling of payment transactions and customer care.
10 Final provisions
10.1 If individual provisions of the contract or these general terms and conditions are invalid, this does not result in the invalidity of the entire contract or the entire general terms and conditions. The remaining contractual content or the remaining general terms and conditions remain unchanged.
10.2 The place of performance for cannglory as well as the buyer shall be the registered office of the Company.
10.3 Austrian law shall apply to all disputes arising out of or in connection with the contract, with the exclusion of the international conflict of law rules and excluding the UN Convention on the Sale of Goods.
10.4 The competent court of law at the registered seat of the Company shall have exclusive jurisdiction to decide all disputes arising in connection with the contractual relationship. This does not affect mandatory legal venues for consumers.