Conditions

1. Scope

The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.

The following applies to Germany: According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity.

The following applies to Austria: In the following conditions, “consumer” is understood to mean “consumer” within the meaning of the Consumer Protection Act (KSchG).

The following applies to Switzerland: In the following conditions

2. Contractual partner, conclusion of contract

The purchase contract is concluded with NYBA Media GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button “ORDER WITH REQUIREMENT TO PAY”. Immediately after submitting your order, you will receive another confirmation by email.

By using this website and ordering from this online shop, you confirm that you are at least 18 years old. We generally only deliver to end customers.

3. Contract language, contract text storage

The language available for concluding the contract is German.
The contract text is not stored by us.

4. Delivery conditions

We deliver your ordered items directly to your home free of charge.

You can find our delivery countries here.

We only deliver by mail. Unfortunately, a self collection of the product is not possible.

5. Payment Terms

The availability of payment methods depends on the country and the products ordered and can therefore vary. The following payment methods are generally available to you in our shop:

Payment in advance
If you choose the advance payment method, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

Credit card (Visa, Mastercard)
When you submit your order, you provide your credit card details. Your card will be charged immediately after you place your order. Your credit card will be charged by our parent company NYBA Media GmbH.

Giropay / EPS
After placing the order, you will be redirected to your bank's website. In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after you place your order. You will receive further information during the ordering process.

RATEPAY
In order to be able to offer you attractive payment methods, we work with the RatePAY GmbH, Ritterstr. 12-14, 10969 Berlin ( RATEPAY ) together. If an effective contractual relationship comes into being between you and us, We assign our payment claim to RATEPAY if you choose a RATEPAY payment method. When using the RATEPAY installment payment method, we assign our payment claim to RATEPAY's partner bank.

Purchase on account via Ratepay: When purchasing on account, the invoice amount is due within 14 days of receipt of the invoice.
Installment payments via Ratepay: In collaboration with Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin, Germany we offer you the option of purchasing in installments. The prerequisite is a successful address and credit check. The General Terms and Conditions of Ratepay GmbH apply to payment processing - in addition to our General Terms and Conditions. You will receive further information including Ratepay GmbH's terms and conditions during the ordering process.
Direct debit via Ratepay

As part of the ordering process we transmit Your data for the purpose of identity and creditworthiness checks , as well as Contract execution to RATEPAY. All details can be found in the additional general terms and conditions for RATEPAY payment methods and the data protection information of RatePAY GmbH , which are part of these general terms and conditions.

Klarna
Under certain circumstances and within Germany, we offer you the following payment options in cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Purchase on account via Klarna: The invoice amount is due 14 days after the goods have been dispatched and the invoice has been received. You can find the complete terms and conditions for purchasing on account here.
Installment purchase via Klarna: You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum rate is 6.95 euros. Further information about Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit can be found here.
Klarna direct debit: You give Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). The account will be debited after the goods have been dispatched. You can find the complete terms and conditions for direct debit here.

6. Gift vouchers

Gift vouchers are vouchers that you can purchase. These can be redeemed for all items at calmacbd.de / calmacbd.com, but not for the purchase of other gift vouchers. If the credit on a gift voucher is not sufficient for the order, the difference can be made up using the payment options offered.

Gift vouchers and credit can only be redeemed before completing the ordering process. Subsequent billing is not possible.

The balance of a gift voucher will neither be paid out in cash nor interest. A refund is not possible in the event of loss/damage. Vouchers cannot be exchanged and cannot be blocked.

7. Retention of title

The goods remain our property until full payment. For customers based in Switzerland, we are entitled to make a corresponding entry in the retention of title register.

8. Product Reviews

Product reviews can be submitted without logging in by providing your name and email address. Reviews received are verified manually and appear under the reviewed product after successful review and approval.

9. Transport damage

If goods are delivered with obvious transport damage, please report such errors to the delivery person as soon as possible and please contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance company.

10. Warranty and Guarantees

10.1 Liability for defects

The statutory liability law for defects applies.

The following applies to consumers based in Switzerland:

As soon as it is practicable in the normal course of business, you should check the condition of the item received and, if there are any defects for which the seller is responsible, you should notify the seller immediately. If the consumer fails to do this, the purchased item is deemed to have been approved, provided there are no defects that were not apparent during normal inspection. If such defects arise later, notification must be made immediately after discovery, otherwise the item is deemed to have been approved even with regard to these defects.

Send the defective product back to us with a description of the defect. You bear the transport costs incurred. We guarantee that defects will be rectified. This is done at our discretion either by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery). If subsequent fulfillment fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.

The statutory liability law for defects applies. Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10.2 Warranties and Customer Service

Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 8:00 a.m. to 5:00 p.m. on the telephone numbers +4969257375443 (free in Austria and Germany), as well as by email at support@calmacbd.com

11. Liability

We always have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
as far as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage that typically has to be expected is limited. Otherwise, claims for damages are excluded.

12. Code of Conduct

We have committed ourselves to this Trusted Shops Code of Conduct subjected

13. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/ .
We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The responsible body is the General Consumer Arbitration Board of the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de .

14. Protection of minors

If your order includes goods whose sale is subject to age restrictions, we use a reliable procedure including personal identity and age verification to ensure that the purchaser has reached the required minimum age. The delivery person only hands over the goods after the age has been verified and only to the customer personally.

15. Final provisions

If you are a consumer, Austrian law applies, excluding the international reference standards and the provisions of the UN Convention on Contracts for the International Sale of Goods.

If individual provisions in this contract, including this clause, are wholly or partially ineffective, or if the contract contains a loophole, the validity of the remaining provisions or parts of such provisions remains unaffected.