Terms of service
General Terms and Conditions
Our contractual terms at a glance – fair, transparent and legally secure.
Scope of Application
The following General Terms and Conditions (GTC) apply exclusively to the business relationship between GoG GmbH and consumers as well as companies (hereinafter collectively referred to as "customers") – regardless of the means of communication used. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction. With regard to entrepreneurs, these GTC also apply to future business relationships without us needing to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to – they only become part of the contract if we have expressly agreed to them. The customer acknowledges the exclusive validity of the GTC for the entire business relationship.
Sales Restrictions
The sale of the offered products is only permitted to persons who have reached the age of 18. By placing an order, the customer confirms that they meet this age requirement.
Obligations of the Buyer
By concluding a purchase contract, the buyer undertakes to use the acquired cuttings exclusively in accordance with the legal provisions and for the declared, legal purpose. Any misuse of the products for illegal or unlawful purposes will result in the immediate cancellation of the purchase contract and may entail further legal action.
Availability and Ordering
Cuttings and seedlings cannot be purchased on-site due to the current situation. A contact form is available for orders of larger quantities. Online ordering via the webshop is intended for commercially usual quantities.
GoG GmbH informs the customer on the product page about the availability and delivery times of the goods. Should an ordered item not be available because GoG GmbH is not supplied with this item by its suppliers through no fault of its own, GoG GmbH may withdraw from the contract. In this case, GoG GmbH will inform the customer immediately and refund any advance payments.
Prices and Shipping Costs
The prices stated on the product pages include the statutory value added tax and other price components. In addition to the stated prices, GoG GmbH charges shipping costs for delivery, which are clearly communicated before the order is submitted.
Delivery is only made within Austria and Germany. The exact shipping conditions and any restrictions can be found on the website.
Exclusivity
These delivery and payment conditions apply exclusively. For future orders, no renewed reference to these delivery and payment conditions is required. Conflicting terms and conditions of contractual partners or third parties are only valid if GoG GmbH has expressly and in writing agreed to their validity. If you do not agree with this, please notify GoG GmbH immediately in writing. In this case, GoG GmbH reserves the right to withdraw its offer without any claims of any kind being able to be raised against GoG GmbH. GoG GmbH hereby expressly objects to any standard reference to its own terms and conditions.
Contract Conclusion and Written Form
The purchase contract is concluded with GoG GmbH. By using this website and placing an order in this online shop, you confirm that you are at least 18 years of age. The presentation and description of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. The customer can initially add our products to the shopping cart without obligation and can correct entries at any time before submitting the binding order. By clicking the order button, the customer places a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order is submitted by means of an automated email – however, this does not constitute acceptance of the contract. Acceptance of the contract only takes place upon full payment of the outstanding amount.
GoG GmbH generally only enters into a contractual obligation if the type and scope of the service and consideration have been established in writing by both parties. All offers made by GoG GmbH are non-binding. The contract is concluded by the buyer's order (offer) and acceptance by GoG GmbH, either by letter, fax, email or otherwise electronically within the framework of GoG GmbH's online shop. If this deviates from the order, it shall be deemed a new non-binding offer. GoG GmbH is entitled to accept orders only in part or to reject them without giving reasons. Subsequent oral amendments and additions only become effective once they have been confirmed in writing thereafter. The same applies to all declarations of intent, in particular complaints, reminders and notices of defects within the contractual relationship. Contractual penalties must be reserved in writing at the time the contract is concluded. This clause can only be waived by express written agreement. Oral side agreements require written confirmation by GoG GmbH in any case for their validity. Product-describing information contained in product descriptions, brochures, advertisements and other information and advertising materials as well as other documents and information provided or made accessible to the customer within the framework of the offer does not, in the absence of express designation as such, constitute a guarantee of quality.
Pricing and Payment Terms
Unless otherwise specified in the order confirmation, the prices according to GoG GmbH's price list valid at the time of the order shall apply.
GoG GmbH's payment claim is due immediately upon delivery of the service or is governed by the conditions in GoG GmbH's online shop. The customer is in default of payment if they do not make payment within the period specified on the invoice from the due date and receipt of invoice (receipt of payment by GoG GmbH). Thereafter, GoG GmbH is entitled, without the need for a separate reminder, to charge default interest of 8% above the respective base rate of the Austrian National Bank p.a. from the time of due date. The assertion of further default damage is expressly reserved. A cost contribution of €25.00 will be charged for each reminder. The contractual partner undertakes, in the event of default of payment, to reimburse GoG GmbH for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal action.
Withholding payments due to counter-claims of the contractual partner not recognised by GoG GmbH is not permissible, nor is offsetting against such. The contractual partner may only offset against claims by GoG GmbH with undisputed or legally established claims. The client is only entitled to assert a right of retention in respect of counter-claims arising from this contract.
Unless otherwise stated, all product prices are gross prices and include the statutory value added tax. Prices are valid at the time of the order including VAT. In some countries, exchange rate differences may occur when payment is made in a different currency. Any applicable customs duties are to be paid by the customer. The purchase price is due immediately upon ordering.
Payment Methods
Prepayment
If you select the prepayment method, we will provide you with our bank details in a separate email and deliver the goods upon receipt of payment.
Furthermore, GoG GmbH is entitled to refuse offers. In particular, if it is recognisable that consumers or entrepreneurs intend to produce illegal narcotics from a plant offered by us within the meaning of the Austrian Narcotic Substances Act (SMG) or the German CanG or any other applicable narcotic substances law of a country. We point out that the formation of flower and fruit stands in potent hemp plants is to be prevented from a legal perspective. By concluding a purchase contract, customers undertake not to use the plants purchased from us for any unlawful purpose. For orders of ten or more plants per order, GoG GmbH will only conclude a purchase contract if the customer confirms that this is a collective order. In the event of typographical, printing or calculation errors on the website, we are also entitled to withdraw from the contract. All offers are valid while stocks last. If our supplier fails to deliver the ordered goods to us despite contractual obligation, we are also entitled to withdraw. The purchase price already paid will be refunded within 14 working days or, upon request, offset against other goods. It is expressly pointed out that the customer's right of withdrawal does not apply to living products – this includes living plants of all kinds and thus also the product portfolio of GoG GmbH.
If the offer is not accepted by GoG GmbH or certain products of the order are no longer available, this will be communicated by email. The place of performance for business with entrepreneurs is GoG GmbH's company location.
Disclaimer and General Notice on Medical Topics
The content presented on our website is exclusively for neutral information and general education purposes. It does not constitute a recommendation or promotion of the diagnostic methods, treatments or products described or mentioned. The texts offered, in particular magazine texts, make no claim to completeness, nor can the topicality, accuracy and balance of the information provided be guaranteed.
The texts and product descriptions provided are in no way a substitute for professional advice from a doctor or pharmacist and must not be used as a basis for independent diagnosis and the initiation, modification or termination of treatment of diseases. The information and products offered are not a substitute for medication. Please always consult a trusted doctor for health questions or complaints. For this reason, we are not authorised to provide information on these topics, neither in electronic form nor in our shop. We and our magazine authors also accept no liability for inconveniences or damages resulting from the application of the information or products presented on this website or in our magazine. We ask for your understanding.
The CBD hemp products offered by us are utility hemp products from certified EU utility hemp varieties listed in the Common Catalogue of Varieties of Agricultural Plant Species pursuant to Article 17 of Council Directive 2002/53/EC of 13 June 2002, OJ No. L 193/2002 p.1 or in the Austrian variety list pursuant to § 65 Seed Act 1997, Federal Law Gazette I No. 72/1997, as amended. The cannabis plant has been used throughout the world for thousands of years. There are still too few clinical studies in humans that would prove any medical effects of cannabis.
Cancellation Policy
Warranty for Defects
The statutory warranty for defects applies. For all defects in the purchased item that occur during the statutory warranty period, the customer has the right to subsequent performance (rectification of defects or new delivery). If two attempts at subsequent performance fail, the customer may, at their discretion, reduce the purchase price or withdraw from the contract.
Consumers have a fourteen-day right of withdrawal.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (GoG GmbH, Hannes-Grabher-Straße 2 Top 61 | 6890 Lustenau | Austria, bestellung@stecklingsverkauf.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. The goods must be returned in their undamaged original packaging. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
Contracts for the supply of goods that are liable to deteriorate rapidly or whose expiry date would be quickly exceeded.
Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery.
Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To GoG GmbH Hannes-Grabher-Straße 2 Top 61 | 6890 Lustenau | Austria bestellung@stecklingsverkauf.de
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ________________________________________() / for the provision of the following service ________________________________________(*),
Ordered on ________________________________________(*)
Received on ________________________________________(*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
Retention of Title
In the case of deliveries of goods, the delivered goods remain the property of GoG GmbH until all claims arising from the business relationship with the contractual partner, regardless of the legal basis, have been fully settled. In the case of current account, the reserved title serves as security for the respective balance claim of GoG GmbH.
The contractual partner is entitled to sell the reserved goods in the course of proper business operations under their normal conditions. Pledging or transfer of ownership as security is not permitted. The claims arising from a resale or other legal basis with respect to the reserved goods are hereby assigned in full by the contractual partner to GoG GmbH as security. The contractual partner is revocably authorised by GoG GmbH to collect the claims assigned to GoG GmbH for the account of GoG GmbH in their own name. GoG GmbH will only exercise this right of revocation for good cause. At GoG GmbH's request, the contractual partner will disclose the assignment and provide GoG GmbH with the information and documents required for the collection of claims.
In the event of access by third parties to the reserved goods, the contractual partner will point out GoG GmbH's ownership and notify GoG GmbH immediately. Costs and damages arising from such events shall be borne by the contractual partner insofar as the third party is unable to reimburse GoG GmbH for the judicial and extrajudicial costs of enforcing GoG GmbH's ownership rights.
Upon request, GoG GmbH will release the delivered goods insofar as their value sustainably exceeds the claims by more than 10%, whereby the selection of the items to be released is at GoG GmbH's discretion.
The contractual partner of GoG GmbH is obliged to handle the delivered goods with care, to store them properly and, at GoG GmbH's request, to insure them adequately against damage for the duration of the retention of title. The contractual partner hereby assigns claims against the insurance company to GoG GmbH.
Place of Performance, Delivery, Delivery Conditions
Import Regulations and Customer's Own Responsibility
The customer is themselves responsible for obtaining information about the import regulations, prohibitions and permit requirements applicable in their country for the products ordered from GoG GmbH. This includes, but is not limited to, customs regulations, import restrictions and all necessary permits required for the import and use of the purchased products.
GoG GmbH accepts no liability for damages, losses or legal consequences incurred by the customer as a result of non-compliance with the import regulations applicable in their country. Furthermore, it is the customer's responsibility to bear all customs duties, taxes or other charges associated with the import of the products into the country of destination.
Final Provisions
The place of performance for both contractual partners is Austria, GoG GmbH Hannes-Grabher-Straße 2 Top 61 | 6890 Lustenau. Austrian law therefore applies.
GoG GmbH reserves the right to make partial deliveries as well as over- or under-deliveries, in particular for efficient order processing, insofar as these are not unreasonable for the contractual partner. The burden of proof of unreasonableness lies with the contractual partner.
Unless otherwise agreed in writing, all deliveries are made ex warehouse of GoG GmbH (Austria) at the expense and risk of the contractual partner. Transport insurance is only taken out at the express request and at the expense of the contractual partner. The risk passes to the contractual partner as soon as the goods have been handed over to the person carrying out the transport or have left GoG GmbH's warehouse for dispatch. If dispatch is delayed at the request of the contractual partner, the risk passes to them upon notification of readiness for dispatch.
Delivery dates are non-binding unless designated as binding, but will be adhered to by GoG GmbH to the best of its ability. If GoG GmbH is in default of a binding delivery date agreed in writing, a reasonable grace period must first be set in writing. After the grace period has expired without result, the contractual partner may withdraw from the contract in writing. Compensation for default damage may only be claimed up to the value of the order.
If the buyer refuses to collect the goods despite notification of readiness for dispatch, or refuses acceptance, full payment of the invoice amount must nevertheless be made in accordance with the agreed payment terms.
Unless otherwise agreed in individual cases, the contractual partner is responsible for compliance with statutory and official regulations regarding the import, transport and storage of the goods. The contractual partner must take out transport insurance themselves and at their own expense.
Resale
Resale abroad is not permitted insofar as mandatory law does not preclude this.
Return of Packaging Materials
Packaging materials are not taken back.
Warranty
The contractual partner must carefully inspect the goods immediately upon receipt and report any defects immediately, but no later than five working days after receipt, or in the case of hidden defects, five working days after their discovery, in writing to GoG GmbH. The contractual partner must record and document defects in an appropriate manner. In particular, transport damage must be noted in detail on the shipping documents at the time of delivery to the best of their ability and photographs of the damage must be taken. The contractual partner must keep the affected goods available for inspection by GoG GmbH. Living plants/cuttings are expressly excluded from the warranty.
If a complaint is not made or not made in time, the goods shall be deemed approved. In such cases, the assertion of warranty or compensation claims including consequential damage from defects as well as the right to contest errors on the grounds of defects is excluded.
The presumption rule of § 924 ABGB is excluded. The contractual partner must prove that the defect existed at the time of handover.
If a complaint is made in time and recognised as justified by GoG GmbH, GoG GmbH has the choice of effecting subsequent performance either by replacement delivery or by rectification. GoG GmbH has the right to two attempts at subsequent performance. The necessary expenses, such as labour, material, transport and travel costs, are borne by GoG GmbH only insofar as these expenses are not increased by the fact that the delivery item was subsequently taken to a location other than the agreed place of delivery, unless such transfer corresponds to the intended use. Replaced goods become the property of GoG GmbH and must be returned to GoG GmbH. GoG GmbH's liability for consequential damage from defects is excluded unless GoG GmbH or its vicarious agents are guilty of intent or gross negligence.
Only in urgent cases of endangering operational safety and preventing major damage does the contractual partner have the right, after prior written notification of GoG GmbH, to rectify the defect themselves or through third parties and to demand reimbursement of the necessary costs from us.
The warranty period is 12 months from delivery. In the event of a warranty case in the contractual partner's relationship with their customers, recourse against GoG GmbH pursuant to § 933b ABGB is excluded.
Limitation of Liability
GoG GmbH accepts no liability for damages resulting from unsuitable and improper storage of the goods by the contractual partner or third parties, from unauthorised modifications to the goods and/or packaging, or from transport damage, as well as in cases of use other than intended and non-compliance with the instructions for use by the contractual partner or third parties.
In cases of slight negligence, GoG GmbH's liability is excluded. GoG GmbH is only liable if gross negligence or intent is proven by the injured party. Claims for damages due to impossibility of performance are limited to compensation for foreseeable damage and the amount of the order value, insofar as the damage was not caused by intentional or grossly negligent conduct.
Insofar as damage is based on negligence by GoG GmbH (excluding gross negligence and intentional negligence), it is limited to the amount of the order value. Lost profits cannot be claimed in such cases.
Claims for damages must be asserted in court within six months of becoming aware of the damage or within three years of delivery, otherwise they will lapse. If GoG GmbH's liability is to be considered, GoG GmbH is released from liability to the extent that it assigns existing and enforceable claims against supplying or further processing companies to the contractual partner.
GoG GmbH accepts no liability for damages caused by subcontractors. Any recourse claims directed against GoG GmbH by contractual partners or third parties under the heading of "product liability" within the meaning of the Austrian Product Liability Act are excluded, unless the person entitled to recourse proves that the defect was caused in GoG GmbH's sphere and was at least grossly negligently caused.
Links and References
The links set to external pages are merely signposts to these pages; they are therefore displayed by means of external links in separate browser windows. GoG GmbH does not identify with the content of the pages referenced and accepts no liability for them.
Information Obligations
The customer is obliged to provide truthful information when placing an order. If the customer's data changes, the customer is obliged to notify GoG GmbH of this change immediately by updating the information. If the customer fails to provide this information or leaves incorrect data, in particular an incorrect email address, GoG GmbH may, insofar as a contract has been concluded, withdraw from this contract.
Applicable Law and Jurisdiction
Austrian law applies. Exclusively Austrian law, excluding its conflict of law rules and the UN Sales Convention, shall apply to all legal transactions between GoG GmbH and the customer, insofar as no mandatory statutory provisions preclude this. For consumers within the meaning of Art. 5 of the Rome Convention, the mandatory consumer protection provisions of their national law apply, unless the respective Austrian provisions are more favourable for the consumer. If the customer does not have a general place of jurisdiction in Austria, relocates their domicile or habitual residence abroad after conclusion of the contract, or if their domicile or habitual place of residence is unknown at the time of the action, Vienna shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. If the customer has their domicile or habitual residence in Austria or is employed in Austria, an action against them pursuant to §§ 88, 89, 93 para. 2 and 104 para. 1 JN can only establish the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located. This does not apply to disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of domicile are also applicable to the contractual relationship. GoG GmbH recognises the Internet Ombudsman as an out-of-court dispute resolution body: Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna, https://www.ombudsmann.at/
Severability Clause
Should individual or several provisions of these delivery and payment conditions be invalid, the validity of the remaining provisions and the contracts concluded on the basis of these delivery and payment conditions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.