Contractual terms for purchase agreements made via the platform between Spliffy GmbH
(Cannabis Club Munich e.v.i.G.
Agnes-Bernauer-Straße 151
80687 Munich)
, Telefon: +4915510250370)
registered in the commercial register of the Ulm District Court under HRB 238298, represented by Managing Director Domenico Vuolo,Luca Gorbea, VAT ID: DE-316809168
hereinafter referred to as "Provider"
and the customer identified in Section 2 of the contract
hereinafter referred to as "Customer
§ 1. Scope of Application, Definitions
- The following General Terms and Conditions (GTC) shall apply exclusively to the business relationship between the webshop provider (hereinafter referred to as "Provider") and the customer (hereinafter referred to as "Customer") in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognized unless the Provider expressly agrees to their applicability in writing. The currently valid GTC are accessible during the ordering process on our website and can be stored and printed at any time.
- The Customer is considered a consumer if the purpose of the ordered deliveries and services cannot primarily be attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding the contract.
- If the Customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), the General Terms and Conditions shall also apply to all future business relationships, even if they are not explicitly agreed upon again.
§ 2 Conclusion of Contract
- By listing the products in the online shop, the Provider makes a binding offer for the conclusion of a contract for these items. The Customer can initially place the products in the shopping cart without obligation and may correct their entries at any time before submitting the binding order by using the correction tools provided and explained during the ordering process. By clicking on the "place order with obligation to pay" button, the Customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and review the data at any time. However, the offer can only be submitted and transmitted if the Customer accepts these terms and conditions by clicking the "accept terms and conditions" button, thereby incorporating them into their offer.
- The Provider will then send an automatic acknowledgment of receipt by email, listing the Customer's order again. The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the offer. The contract is concluded only when the Provider issues an acceptance statement, which will be sent in a separate email (order confirmation). In this email or in a separate email, but no later than with the delivery of the goods, the contract text (consisting of the order, GTC, and order confirmation) will be sent to the Customer on a durable medium (email or paper printout) (contract confirmation). The contract text will be stored while ensuring data protection.
§ 3 Language of Contract; Storage of Contract Text
- The language available for the conclusion of the contract is Czech. The contract text will not be stored by us.
§ 4 Delivery, Product Availability
- The delivery of the ordered products will take place within the delivery period specified before the conclusion of the contract, through the shipping service provider displayed during the ordering process. The delivery times provided by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except in the case of payment by invoice). The delivery time of the order depends on the buyer’s choice. If the goods cannot be delivered by the selected date, the buyer will be notified.
- If no copies of the product selected by the customer are available at the time of the customer’s order, the provider will inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from issuing an acceptance statement. In this case, no contract will be concluded.
- If the product designated by the customer in the order is temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.
- The following delivery restrictions apply: The provider only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Czech Republic.
§ 5 Prices and Shipping Costs
- All prices listed on the Provider's website include the applicable statutory value-added tax.
- In addition to the stated product prices, additional shipping costs may apply. The corresponding shipping costs will be specified to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal.
- In the event of a withdrawal, the online shop will bear the direct costs of the return shipment.
- Delivery will be made either by our in-house courier service or via the DHL shipping service (standard and express shipping available). Unfortunately, self-collection of the goods is not possible.
- We are entitled to make partial deliveries, provided this is reasonable. In the case of partial deliveries, you will only bear the shipping costs for the first partial delivery.
§ 6 Payment Terms
- Payment is made via the payment method chosen by the customer during the ordering process. The customer can pay via bank transfer, credit card (Visa/Mastercard) through DHL, or cryptocurrency USDT (TRC20).
Payment methods:
Bank Transfer
You will receive the bank details of one of our European accounts to settle your order. The amount must be transferred within 2 business days. If possible, please use the instant transfer option. Since bank transfers may take a few days in some cases, we may request a screenshot of the transfer to the specified bank account.
Credit Card via DHL
By placing the order, you provide your credit card details. You will be asked to verify your identity via DHL. Once you are confirmed as the rightful cardholder, the payment transaction will be automatically processed upon receipt of your order, and your card will be charged for the order and delivery.
Cryptocurrency USDT (TRC20)
A USDT address will be provided to the customer for payment of the order. The order amount will be automatically converted at the official exchange rate. The system may request the transaction hash for confirmation, if necessary.
- The customer can change the payment method stored in their user account at any time.
- The payment of the purchase price is due immediately upon conclusion of the contract.
§ 7 Right of Withdrawal
- Consumers have a statutory right of withdrawal when concluding a distance contract, which the Provider informs about according to the legal model below.
1. Cancellation of Your Order
Customers have the option to cancel their order at any time before shipment. In case of cancellation, the entire order amount, including shipping costs, will be fully refunded. The refund will be made using the same payment method used for the original transaction. Please note that processing the refund generally takes 7 to 10 business days.
2. Return of Products
As our products are food items, returns are only accepted if the product is unopened, undamaged, and in its original condition. Return requests must be submitted within 14 days after receiving the order. Refunds will be made via the same payment method used for the purchase and are subject to the same processing times as cancellations.
Please note that items returned damaged or not in their original condition cannot be refunded. If the product is deemed non-returnable, we will inform you and return the product to you.
3. Application for Cancellations and Returns
For quick and easy processing, we provide a special form for cancellations and returns on our website. Our customer service will immediately review your request and inform you of the next steps.
4. Additional Information:
- Processing time for refunds: Refunds are generally processed within 7 to 10 business days after your cancellation or return is processed by our team.
- Shipping costs: In the event of a cancellation before shipment, we will cover the full shipping costs. If a return is required due to quality issues or delayed delivery, we will bear the return shipping costs.
- Special return conditions: If the product was paid for with a gift voucher, the refund will be issued in the form of a new gift voucher for the refund amount.
- Liability for depreciation: You are only liable for any depreciation of the goods if this depreciation is due to handling the goods in a way that is not necessary to check the nature, characteristics, and functionality of the products.
§ 8 Retention of title
- Until full payment has been made, the delivered products remain the property of the provider.
§ 9 Dispute Resolution
- The European Commission provides an Online Dispute Resolution (ODR) platform, which you can find here. We are not obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration body.
§ 10 Final Provisions
- Contracts between the provider and the customers are subject to the law of the Czech Republic, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of choice of law and the applicability of mandatory provisions, particularly of the country in which the customer, as a consumer, has their habitual residence, remain unaffected.
- If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s place of business. However, the provider is entitled to also file a lawsuit against the customer at their business location.
- If any provision in these General Terms and Conditions or any provision in other agreements is or becomes invalid, the validity of all other provisions or agreements shall not be affected. If the customer is a business under § 14 of the Civil Code, the parties agree, in the event of invalidity of a provision, to replace it with another provision that comes closest to the economic purpose of the invalid provision.