Terms and Conditions (AGB) of AIP-enjoy GmbH / GrowRoom21
1. Scope
1.1 These General Terms and Conditions of AIP-enjoy GmbH (hereinafter referred to as "Seller") apply to all contracts concluded by a consumer (hereinafter referred to as "Buyer") with the Seller regarding the goods and/or services displayed on www.growroom21.com.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 You may only shop with us if you are 18 years old or older.
1.4 By purchasing, you agree not to misuse the goods purchased from us for illegal activities. Please observe the applicable laws in your country.
2. Conclusion of Contract
2.1 The conclusion of a contract at www.growroom21.com is subject to the Distance and Off-Premises Transactions Act (FAGG).
2.2 The presentation of products in the online shop does not constitute a binding offer.
2.3 By placing an order 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 after receiving the goods.
3.2 The shipping costs for returning goods are borne by the Buyer.
3.3 The right of withdrawal according to § 11 FAGG cannot be claimed for the following products: cannabis cuttings, seedlings, seeds, used/damaged goods, and living beneficial organisms. Since 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 concluding the contract, do not belong to a member state of the European Union and whose sole residence and delivery address are located 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 As we have no control over shipping circumstances, the shipping of live products such as beneficial organisms, cannabis plants, and seeds is excluded from any warranty.
5. Delivery and Payment Terms
5.1 Unless expressly requested by the Buyer, our goods are shipped uninsured. Upon receipt, the Buyer is obliged to check the goods and immediately report visible damages to the courier or refuse acceptance.
5.2 Delivery 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 informed as soon as the goods leave our shop.
5.3 Claims for damages due to delay, impossibility, or non-fulfillment, including those arising from contract withdrawal, are excluded.
5.4 You can pay via prepayment (see payment options). We do not accept credit cards due to high commission costs.
5.5 For natural products like cannabis plants and seedlings, we reserve a processing time of 3 weeks from receipt of payment to ensure the highest quality for each customer. In most cases, shipping can be much faster.
6. Delivery of Deviating Phenotypes - Exclusively for the Shipping 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 rarely occur that a phenotype other than the ordered one is delivered. The Seller undertakes to deliver only qualitatively equivalent and similar phenotypes that meet the Buyer's original requirements.
6.2 The Buyer agrees that the delivery of a deviating phenotype fulfills the contractual performance and expressly waives any claims for damages, contract rescission, or other legal remedies arising from the delivery of a deviating phenotype. Prior consultation/communication with the customer will be ensured in such cases.
6.3 This regulation is deemed accepted with the receipt of the delivery by the Buyer.
7. Retention of Title
7.1 The AIP-enjoy GmbH retains ownership of the delivered goods until full payment of the purchase price.
8. Applicable Law
8.1 The place of performance is the registered office of AIP-enjoy GmbH, Jedleseer Straße 67 in 1210 Vienna.
8.2 The court of jurisdiction is the Commercial Court of Vienna.
8.3 If any of the above provisions are partially invalid or violate applicable law, all other provisions remain effective. The invalid provision is to be replaced by a valid one that comes closest to the invalid provision.
9. Incorrect Address and Phone Number Information
9.1 The AIP-enjoy GmbH assumes no responsibility for deliveries that cannot be made due to incorrect or incomplete address and/or phone number information provided by the customer.
9.2 The customer is obliged to provide correct and complete address and phone number details when placing the 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 phone number information, the customer bears all associated costs, including return shipping fees and additional shipping costs for re-delivery.
9.4 A valid email address is required for order processing and communication. The AIP-enjoy GmbH assumes no responsibility for delays or misunderstandings due to incorrect or non-functioning email addresses provided by the customer.