General Terms and Conditions (GTC) of AIP-enjoy GmbH / GrowRoom21
1. Scope
1.1 These General Terms and Conditions of AIP-enjoy GmbH (hereinafter "Seller") apply to all contracts concluded between a consumer (hereinafter "Buyer") and the Seller regarding the goods and/or services displayed by the Seller on www.growroom21.com.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity.
1.3 You may only make purchases from us once you have reached the age of 18.
1.4 By making a purchase, you commit yourself not to misuse the goods purchased from us for unlawful activities. Please observe the respective laws applicable in your country.
2. Conclusion of Contract
2.1 The conclusion of a contract at www.growroom21.com is governed by the Remote and Distance Selling Act (FAGG).
2.2 The presentation of products in the online shop is not a binding offer.
2.3 By ordering via the "Order" button, the Buyer submits a binding offer.
3. Right of Withdrawal
3.1 The Buyer is entitled to withdraw from the purchase within 14 days of receiving the goods.
3.2 The shipping costs for returning goods shall be borne by the Buyer.
3.3 The right of withdrawal pursuant to § 11 FAGG cannot be exercised for the following products: hemp cuttings, hemp seedlings, seeds, used/damaged goods, live beneficial organisms. As seeds are natural, plant-based products, we cannot guarantee germination.
3.4 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
4. Prices and Shipping Costs
4.1 Our prices include statutory VAT plus shipping costs.
4.2 Information about our shipping costs can be found in the shipping cost table.
4.3 Since we cannot influence shipping conditions, the shipment of live products such as beneficial organisms, hemp plants, and seeds is carried out excluding any warranty.
5. Delivery and Payment Conditions
5.1 If not expressly requested by the Buyer, our goods will not be shipped insured. Upon receipt of the delivery, the Buyer is obliged to inspect the goods and to immediately report any visible damage to the delivery person or to refuse acceptance.
5.2 The shipment is made to the address provided by the Buyer. We ship our goods via Hermes Parcel Service, GLS, or Post and therefore have no influence on delivery times. You will be immediately informed by us once the goods have left the shop.
5.3 Claims for damages due to delay or impossibility or non-fulfillment, including those arising up to withdrawal from the contract, are excluded.
5.4 You can pay via advance bank transfer (see payment options) with us. We ask for your understanding that we do not accept credit cards due to the high commission costs.
5.5 For natural products such as hemp plants, seedlings, etc., we reserve a processing time of 3 weeks from receipt of payment, thereby guaranteeing the highest quality for each customer. In most cases, however, shipping can be much faster.
6. Delivery of Deviating Varieties - Specifically Applicable to the Shipment of Cuttings
6.1 The Buyer acknowledges that due to the specific nature of living plants as well as availability and seasonal conditions, it may occasionally happen that a different variety is delivered instead of the ordered cutting variety. The Seller undertakes to deliver only qualitatively equivalent and similar varieties that meet the original requirements of the Buyer.
6.2 The Buyer agrees that the delivery of a deviating variety constitutes fulfillment of the contractual obligation and expressly waives any claims for damages, reversal of the purchase contract, or other legal remedies resulting from the delivery of a deviating variety. In such a case, prior consultation/communication with the customer will of course take place.
6.3 This provision is deemed accepted upon acceptance of the delivery by the Buyer.
7. Retention of Title
7.1 AIP-enjoy GmbH reserves ownership of the delivered goods until the full purchase price owed has been paid by the Buyer.
8. Applicable Law
8.1 The place of performance is the registered office of AIP-enjoy GmbH, Jedleseer Straße 67, 1210 Vienna.
8.2 The place of jurisdiction is the Commercial Court of Vienna.
8.3 Should the above provisions be partially ineffective or contrary to applicable law, all other provisions shall remain in effect. The ineffective provision shall then be replaced by a valid provision that comes closest to the ineffective provision.
9. Incorrect Address and Telephone Number Information
9.1 AIP-enjoy GmbH assumes no responsibility for deliveries that cannot be delivered due to incorrect or incomplete address and/or telephone number information provided by the customer.
9.2 The customer is obliged to provide correct and complete address and telephone number information when placing an order. The customer bears sole responsibility for delivery delays or non-deliveries due to inaccurate or incomplete information.
9.3 Should deliveries need to be returned due to incorrect address or telephone number information, the customer bears all associated costs, including return fees and additional shipping costs for re-delivery.
9.4 Providing a valid email address is required for order processing and communication. AIP-enjoy GmbH assumes no responsibility for delays or misunderstandings due to incorrect or non-functional email addresses provided by the customer.