General Terms and Conditions (GTC) of LMAA Trading s.r.o.
Provider: LMAA Trading s.r.o. Vodičkova 710/31, Nové Město 110 00 Prague, Czech Republic Company ID: 22630490, registered with the Municipal Court in Prague under file number C419317, as the seller and operator of the online shop www.cbddiscounter.com Email: office@cbddiscounter.de Website: www.cbddiscounter.com
1. Orders
1.1. Applicability of GTC These General Terms and Conditions (GTC) apply to all orders placed with LMAA Trading s.r.o. (hereinafter referred to as “Seller”) by its customers (hereinafter referred to as “Customer”) via the internet addresses mentioned above (hereinafter referred to as “Websites”), unless otherwise agreed in writing in individual cases. Customers are natural or legal persons who enter into a business relationship with the Seller by using the Websites. By using the Websites, the Customer acknowledges these GTC as the basis for the entire business relationship between the Customer and the Seller.
1.2. Specifics for Minors Persons under the age of 18 are not permitted to place orders. By placing an order, the Customer confirms to have reached the age of 18.
1.3. Customs, Export, and Import Regulations Each Customer is obliged to independently inform themselves about the applicable import and customs regulations in the respective destination country. The Seller assumes no liability for the conformity of the shipped goods with national laws and regulations outside the Czech Republic or, if shipping to EU countries, outside the applicable EU regulations. The legal and financial consequences arising from impermissible shipment of goods abroad or non-compliance with import regulations, including all consequences, shall be borne solely by the Customer.
1.4. Order and Conclusion of Contract The presentation of the product range on the Websites does not constitute a legally binding offer by the Seller, but serves as a non-binding invitation to the Customer to order goods. By ordering the desired goods, the Customer submits a binding offer to conclude a purchase contract. Upon receipt of an order in the Seller’s online shop, the following provisions apply: The Customer submits a binding contract offer by completing the order process provided on the Websites. The order proceeds in the following steps: 1. Selection of the desired goods 2. Confirmation in “My Shopping Cart” by clicking the “Proceed to Checkout” button (or a comparable designation) 3. Entry of login details for ordering in the webshop (email address, first name, last name, address including house number, postcode, city, country, if applicable, region) 4. Selection of the shipping method 5. Selection of the payment method 6. Review of the order and completion 7. Acceptance of these General Terms and Conditions 8. Clicking the “Order with Obligation to Pay” button (or a comparable, clear wording in accordance with legal requirements), thereby submitting the order as binding. By clicking the “Order with Obligation to Pay” button, the Customer submits a binding purchase offer for the goods contained in the shopping cart. By this action, the Customer acknowledges these GTC as solely decisive for the legal relationship with the Seller. The Seller confirms receipt of the Customer’s order by an automatically generated email to the email address provided by the Customer (order confirmation). This order confirmation does not yet constitute acceptance of the contract offer by the Seller. It merely serves to inform the Customer that the order has been received by the Seller. The acceptance of the offer and thus the conclusion of the contract takes place through a separate declaration of acceptance by the Seller (e.g., by email as a shipping confirmation) or at the latest by the delivery of the ordered goods.
2. Prices and Shipping Costs
All prices indicated on the Websites include the applicable statutory value-added tax of the Czech Republic and other price components. Shipping costs may vary depending on the destination (domestic/international) and order value and will be transparently displayed to the Customer before the completion of the order process and added to the product prices.
3. Consumer’s Right of Withdrawal
3.1. Right of Withdrawal for Consumers If the Customer is a consumer within the meaning of the applicable legal provisions (in particular the Czech Civil Code), they have a right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
3.2. Withdrawal Period and Exercise of Withdrawal The withdrawal period is fourteen (14) calendar days. It begins on the day on which the consumer or a third party named by them, who is not the carrier, has taken possession of the last goods. To exercise their right of withdrawal, the consumer must inform the Seller (LMAA Trading s.r.o., Vodičkova 710/31, Nové Město, 110 00 Prague, Czech Republic, Email: office@cbddiscounter.de) by means of a clear declaration (e.g., a letter sent by post or an email) of their decision to withdraw from this contract. The consumer can use the attached sample withdrawal form for this purpose, which is not mandatory. To comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. A right of withdrawal does not exist, among other things, for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their sealing was removed after delivery. Further legal exceptions remain unaffected.
3.3. Consequences of Withdrawal If the consumer withdraws from this contract, the Seller shall repay to the consumer all payments received from the consumer, including delivery costs (with the exception of additional costs resulting from the consumer choosing a type of delivery other than the cheapest standard delivery offered by the Seller), without undue delay and at the latest within fourteen days from the day on which the notification of the withdrawal of this contract was received by the Seller. For this repayment, the Seller shall use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case will the consumer be charged fees for this repayment. The Seller may refuse repayment until the Seller has received the goods back or until the consumer has provided proof that they have returned the goods, whichever is the earlier. The consumer must return or hand over the goods to LMAA Trading s.r.o. immediately and in any case no later than fourteen days from the day on which the consumer informs the Seller of the withdrawal from this contract. The deadline is met if the consumer sends the goods before the expiry of the fourteen-day period. The consumer bears the direct costs of returning the goods. The consumer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics, and functioning of the goods.
(Sample Withdrawal Form – insert as a separate appendix or here) (If you wish to withdraw from the contract, please fill out this form and send it back.) To LMAA Trading s.r.o., Vodičkova 710/31, Nové Město, 110 00 Prague, Czech Republic, Email: office@cbddiscounter.de: I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service () Ordered on ()/received on () Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only for notification on paper) Date (*) Delete as appropriate.
4. Customer Obligations
4.1. Email Address The Customer is obliged to provide the Seller with a current email address during the order process at the conclusion of the contract, through which communication with the Customer can take place. The Customer expressly agrees that legally significant declarations from the Seller (e.g., reminders, contract changes) can be delivered either in writing by post to the postal address provided by them or electronically by email to the email address provided by them, as far as legally permissible.
4.2. Up-to-dateness of Customer Data The Customer must immediately notify the Seller of any changes to contract-relevant data, in particular name, address, email address, at office@cbddiscounter.de or via their customer account on the Websites (if available).
5. Payment Terms and Payment Default
The following payment methods are accepted by the Seller: [List payment methods, e.g., eps / Sofort-Überweisung / Prepayment / Credit card / PayPal etc. – adapt to your offer] If the payment method prepayment is selected, the purchase price must be paid by the Customer within five (5) business days from receipt of the order confirmation. The ordered goods will only be dispatched after full payment has been received on the Seller’s account. If the cash on delivery payment method is selected, additional cash on delivery fees may apply, which are charged by the delivery service and communicated to the Customer in advance. Payment is made directly to the delivery person. (Note: Check if cash on delivery is offered and what the fee structure is).
6. Dunning and Collection Fees
6.1. Payment Default If the Customer is in default of payment, the Seller reserves the right to charge the Customer default interest at the legally permissible rate as well as the costs of appropriate legal prosecution. This includes, in particular, dunning and collection fees, court fees, and legal fees according to the respective applicable legal provisions. For each justified reminder, the Seller may charge a reminder fee of [amount, e.g., EUR 5.00 or equivalent in CZK], unless the Customer proves that no damage or significantly less damage has occurred. After an unsuccessful second reminder, the Seller may transfer the claim to a collection agency or assert it in court.
6.2. Termination in Case of Payment Default If the Customer is in default of payment despite a reminder and the setting of a reasonable grace period (e.g., 5 business days), the Seller is entitled to withdraw from the purchase contract. In this case, the Seller is entitled, in addition to the default costs according to section 6.1. of these GTC, to demand further damages in accordance with the legal provisions.
7. Delivery of Ordered Goods
The Seller usually dispatches received orders within 1-2 business days after all conditions for a positive conclusion of the purchase contract (in particular, receipt of payment for prepayment) have been met. The Seller reserves the right to reasonably exceed the processing and delivery time in exceptional cases, about which the Customer will be informed. Information on delivery times is non-binding unless expressly designated as binding.
8. Default of Acceptance
If the Customer does not accept the duly delivered goods, they are in default of acceptance. In this case, the Seller reserves the right to either insist on contract fulfillment or, after setting a reasonable grace period, to withdraw from the purchase contract and demand compensation for non-performance. The costs incurred thereby (e.g., futile shipping costs, return shipping costs, storage costs) shall be borne by the Customer.
9. Liability and Claims for Damages
The Seller is liable for damages based on a willful or grossly negligent breach of duty by the Seller or one of its legal representatives or vicarious agents. For simple negligence, the Seller is only liable for the breach of essential contractual obligations (cardinal obligations), the fulfillment of which is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely, as well as for damages resulting from injury to life, body, or health. In the event of a simple negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Further claims for damages by the Customer are excluded. The provisions of the Product Liability Act (where applicable) remain unaffected.
10. Retention of Title
All delivered goods remain the property of LMAA Trading s.r.o. until full payment of the purchase price, including ancillary claims (e.g., shipping costs).
11. Cookies
To make visiting the Websites attractive and to enable the use of certain functions, the Seller uses cookies. These are small text files that are stored on the Customer’s end device. Detailed information on the use of cookies can be found in the Websites’ privacy policy. By using the Websites, the Customer agrees to the use of cookies in accordance with the privacy policy, unless they have made different settings in their browser.
12. Information about Analysis Tools
These Websites may use analysis tools (e.g., local or external services such as Google Analytics) to evaluate the use of the site. Insofar as user data is transmitted to external services, this is done, as far as technically possible and reasonable, in anonymized or pseudonymized form. Further information on this can be found in the Websites’ privacy policy.
13. Consent to Receive Advertising
If the Customer has given their express consent to this (e.g., when subscribing to the newsletter), the Seller or companies commissioned by them are entitled to send the Customer messages (e.g., newsletters, product information) for advertising purposes by email or other electronic means, in accordance with the applicable data protection regulations (in particular the GDPR and relevant Czech laws). This consent can be revoked by the Customer at any time with effect for the future, e.g., by email to office@cbbdiscounter.de or via an unsubscribe link in the respective message.
14. Final Provisions
14.1. Alternative Dispute Resolution The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for resolving their disputes. The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the Czech Act on out-of-court settlement of consumer disputes (or a comparable regulation), unless such participation is mandatory by law.
14.2. Amendments to these GTC The Seller is entitled to amend or supplement these General Terms and Conditions at any time with effect for the future, insofar as this is necessary due to changed legal or technical framework conditions or to introduce new services or functions. The Customer will be informed of changes in good time, usually by email, with a reference to the amended provisions. The changes shall be deemed approved if the Customer does not object to them in writing or by email within fourteen (14) days of receipt of the notification of change. The Seller will specifically point out this legal consequence in the notification of change.
14.3. Prohibition of Offsetting The Customer may only offset claims of the Seller with undisputed or legally established claims.
14.4. Severability Clause Should one or more provisions of this contract or these GTC be or become invalid or contain a loophole, this shall not affect the validity of the remaining provisions. Instead of the invalid or missing provision, a valid provision shall be deemed agreed that comes closest to the economic purpose of the invalid or missing provision.
14.5. Contract Language The language available for the conclusion of the contract is German.
14.6. Applicable Law and Place of Jurisdiction For all legal relationships between the Seller and the Customer, the law of the Czech Republic applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a consumer and has their habitual residence in a country other than the Czech Republic, mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected by the choice of law. If the Customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, or if the Customer has no general place of jurisdiction in the Czech Republic or moves their domicile or habitual residence outside the scope of the Czech Code of Civil Procedure after the conclusion of the contract, or if their domicile or habitual residence is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is Prague, Czech Republic. For actions brought by consumers, the statutory places of jurisdiction apply.
