The following terms and conditions apply to all orders placed via our online store. Our online store is aimed exclusively at consumers.
A consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Contracting Party, Conclusion of Contract
The contract of sale is concluded with CBDcielo SL and is reserved exclusively for persons 18 years of age or older.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose 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. Immediately after sending the order, you will receive another confirmation by email.
The sale of products through the website (cbdia.eu) constitutes a distance contract subject to the Royal Decree of 17 December 1999 on electronic contracts and electronic signatures, which transposed Directive 2000/31/EC on the protection of confidentiality together with the provisions of Directive 99/93/EC, which correspond to the rules on distance selling as amended by Directive 97/7 and by Article 2 of the Royal Decree.
CBDcielo SL reserves the right to refuse or cancel orders that originate (I.) from a user with whom it has an ongoing dispute; (II.) from a user who has previously violated these General Terms and Conditions of Sale and/or the terms and/or conditions of any purchase contract with CBDcielo SL; (III.) from a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (IV.) from users who have provided false, incomplete or, in any case, inaccurate identification data or who have not promptly transmitted to CBDcielo SL documents requested by CBDcielo SL in the further procedure, or who have transmitted invalid documents.
The Customer acknowledges that by accepting the General Terms and Conditions of Sale, the Customer releases CBDcielo SL from any liability arising from the purchase of the Product if it violates the law of the country in which the Product is sold. The Customer is also obliged to find out if the laws/regulations of their country allow or authorize the purchase of the products offered for sale by CBDcielo SL, which considers them legal. Therefore, the Customer expressly releases CBDcielo SL from any violation of law regarding the previous point and assumes all responsibility.
3. Contract Language, Contract Text Storage
The language available for the conclusion of the contract is in German. We store the contract text and send you the order data and our terms and conditions by email. You can view the contract text in our customer login.
4. Delivery Condition
We deliver within the EU free shipping starting from a purchase value of 80€. Shipping costs for purchases under 80€ are always explicitly and separately (in euros and incl. VAT) listed in the shopping cart before payment.
We deliver only in the shipping way. Unfortunately, self-collection of the goods is not possible.
If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The delivery person will hand over the goods only after the age check has been carried out and only to the orderer personally.
In our store, the following payment methods are generally available to you:
The proof of purchase will be issued automatically for each purchase. At the first purchase, the buyer is asked to provide the data for the header of the receipt. For the issuance of the receipt, the information provided by the user is binding, which they declare and guarantee to be true, undertaking to hold CBDcielo SL harmless and indemnify it from any damages, including penalties imposed by the competent authorities, that may arise in the event of non-compliance with the truth of the same.
6. Retention of Title
The goods remain our property until full payment is received. Should the user fail to pay the total amount due or pay it incompletely, the purchase agreement shall be deemed dissolved. In this case, the user will be informed by CBDcielo SL about the dissolution of the purchase agreement.
7. Warranty and Guarantees
The legal liability for defects applies. Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store. The images of the products are for information purposes only, as the actual color and size may vary.
The products offered on the site are limited in number. Therefore, also due to the possibility of several users buying the same product at the same time, the product ordered may not be available after the order has been submitted. Therefore, CBDcielo SL reserves the right to reconfirm the availability of the purchased items and the validity of the transaction after receiving the order request.
In case of unavailability of the ordered product, the user will be informed immediately by email. The user therefore has the right to withdraw from the contract immediately. If the user exercises their right of withdrawal, CBDcielo SL shall refund the amount paid without undue delay and in any case within a period not exceeding 14 working days from the date of dispatch of the order. The amount of the refund will be communicated to the user by email. This amount will be credited to the same payment method that the user used to make the purchase. Any delay in crediting may depend on the bank, credit card type or payment solution used. This also applies if one of the products is unavailable in a multiple order.
8. Customer Service
The user has the possibility to contact Customer Service for information, complaints or to request assistance by email. The email provided for this purpose is: firstname.lastname@example.org. Customer Service will get back to the user as soon as possible, but within a maximum of 5 days.
For claims based on damage caused by us, our legal representatives or agents, we are always liable without limitation:
In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
Contracts concluded between users of the Website and CBDcielo SL are governed by Spanish law. Without prejudice to the application to consumers who do not have their habitual residence in Spain, of the most favorable and mandatory provisions provided by the law of the country in which they have their habitual residence, in particular with regard to the period for exercising the cancellation policy, the period for returning the products in case of exercise of this right, the modalities and formalities for the communication of the same and the legal guarantee of conformity.
10. Dispute Resolution
The European Commission provides an online dispute resolution (OS) platform, which can be found here https://ec.europa.eu/consumers/odr/.
We are not obligated or willing to participate in dispute resolution proceedings before a consumer arbitration board.
Please note that in the case of a consumer/user, the court of the place where the user has chosen to reside or domicile shall have jurisdiction over any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale.