General Terms and Conditions
§ 1 Scope, Definitions and Operator
(1) These General Terms and Conditions (T&C) apply to all contracts concluded via the online shop green.one® between ETHERKRAFT UG (haftungsbeschränkt), Mergenthalerallee 73–75, 65760 Eschborn, Germany, Commercial Register: HRB 138552 (Frankfurt am Main) (hereinafter “we”, “us” or “green.one®”) and you as our customer. The version in effect at the time of the order shall apply.
(2) The goods offered in our online shop are intended exclusively for buyers who have reached the age of 18.
(3) A “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
(4) The language of the contract is exclusively German.
§ 2 Age Restriction, Intended Use and Personal Responsibility
(1) Age Restriction: You must be at least 18 years old to purchase products from green.one®. By placing an order, you confirm that you meet this age requirement. We reserve the right to verify your age and to cancel any order immediately if a minor is suspected to be the purchaser.
(2) Intended Use – Notice Regarding CBD Products: Our CBD products are intended exclusively for the following purposes:
- Aromatherapy & Room Fragrance: The products may be used for room fragrance purposes.
- Collector’s Items & Further Processing: The products are suitable as botanical collector’s items or for further processing in approved products.
- Cosmetic Purposes: Suitable for the manufacture of cosmetic products in accordance with the EU Cosmetics Regulation.
Not intended for consumption or inhalation! Our CBD products are neither a foodstuff nor a medicinal product. They are not suitable for smoking or ingestion and must not be used for intoxication purposes.
(3) Medical Disclaimer and Personal Responsibility: You assume full responsibility for the use of our products. It is solely your responsibility to consult a qualified physician or pharmacist before using any CBD product, especially if you are pregnant, breastfeeding, taking medication or suffering from a pre-existing condition. ETHERKRAFT UG (haftungsbeschränkt) shall not be liable for any side effects, adverse health effects or drug interactions that may result from the use of our products. You agree to use the products at your own risk.
(4) Legal Compliance: Our products contain less than 0.2% THC and comply with the statutory requirements. We would, however, point out that the purchase and possession of CBD products may be regulated differently in some countries and regions. You are solely responsible for informing yourself about the laws applicable in your country.
§ 3 Conclusion of Contract
(1) The presentation of goods in our online shop does not constitute a binding offer. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking the “Buy now” button, you submit a binding purchase offer.
(3) Upon receipt of your order, you will receive an automatically generated e-mail confirming receipt of your order (confirmation of receipt). For instant payment methods (e.g. credit card via Viva.com), this confirmation also constitutes acceptance of your offer.
(4) For instant payment methods, the purchase contract is concluded upon completion of the payment process by the customer. In all other cases, the contract is concluded only when we expressly declare acceptance of the purchase offer or when we dispatch the goods to you without prior express declaration of acceptance.
§ 4 Prices, Payment Terms and Default
(1) The prices stated on the product pages include statutory value added tax and other price components and are exclusive of the applicable shipping costs.
(2) Payment may be made by: credit card (via Viva.com), instant bank transfer, bank transfer or invoice (if expressly offered).
(3) If you select prepayment as the payment method, we will provide you with our bank details in the order confirmation. The invoice amount must be paid in advance. If the goods are delivered before payment is received, the invoice amount must be transferred to our account within 10 days of receipt of the goods.
(4) When paying by credit card via viva.com, your credit card account is charged immediately upon completion of the order in the online shop. The charge is thus made at the same time as the conclusion of the contract.
(5) If you default on a payment, you shall be obliged to pay statutory default interest at a rate of 5 percentage points above the base interest rate. A reminder fee of EUR 2.50 shall be charged for each reminder letter sent to you after default has occurred, unless a lower or higher amount of damage is proven in an individual case.
§ 5 Set-off and Right of Retention
(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is closely connected in a synallagmatic relationship to our claim.
(2) You may only exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
§ 6 Delivery, Retention of Title, and Transport Damage
(1) Unless otherwise agreed, delivery of the goods shall be made from our warehouse to the billing address specified by you or, if a different delivery address has been specified by you, to that delivery address.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) Transport damage: If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible. Failure to file a complaint or to make contact shall have no consequences for your statutory warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.
(4) If the buyer refuses to accept our shipment or if additional costs arise for a return shipment due to incorrect address information provided by the buyer, the buyer shall bear the direct costs of the return shipment.
§ 7 Statutory Right of Withdrawal for Consumers
Consumers in the EU are entitled to a statutory 14-day right of withdrawal. The details, conditions, and exceptions (e.g., for unsealed hygiene products) are governed by our separate withdrawal policy.
§ 8 Voluntary 30-Day Return Policy (optional – in addition to the right of withdrawal)
(1) In addition to the statutory 14-day right of withdrawal, we grant you a voluntary 30-day return policy from the date of receipt of the goods.
(2) Conditions for voluntary returns:
- The goods must be unopened, in their original packaging, and unused.
- Hygiene seals must be intact.
- You shall bear the costs of the return shipment.
(3) Please contact us before returning the goods at: [email protected] with the reference “30-day return”.
(4) This voluntary return policy does not affect your statutory rights (14-day right of withdrawal).
§ 9 Warranty and Customer Service
(1) Warranty is governed by the statutory provisions.
(2) For consumers, the warranty period for new goods is two years from delivery. For entrepreneurs, the warranty period for new goods is limited to 12 months.
(3) For questions, complaints, or grievances, our customer service is available at [email protected].
§ 10 Limitation of Liability
(1) Unlimited liability: We shall be fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. In cases of slight negligence, we shall be liable for damages arising from injury to life, body, and health of persons.
(2) Limited liability in cases of slight negligence: In cases of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely. Liability for slight negligence shall be limited in amount to damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
(3) Excluded areas of liability: Within the scope of the above limitations of liability, our liability shall in particular be excluded for:
- damages resulting from misuse or improper use of our products;
- health consequences arising from use contrary to the intended purpose or failure to observe product instructions;
- legal consequences (including fines, confiscations, or other penalties) arising from the purchase, possession, or use of our products in your respective jurisdiction. You are solely responsible for compliance with your local laws.
§ 11 Intellectual Property
All content, logos, and trademarks on green.one®, including the trademark “green.one®”, are the intellectual property of ETHERKRAFT UG (haftungsbeschränkt) and are legally protected. Any unauthorized use is expressly prohibited.
§ 12 Final Provisions
(1) Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If you are a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be Frankfurt am Main, Germany.
(3) Alternative Dispute Resolution: The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.