Terms of service

Table of contents

  1. Scope

  2. Conclusion of contract

  3. Right of withdrawal

  4. Prices and payment terms

  5. Delivery and shipping conditions

  6. Retention of title

  7. Liability for defects (warranty)

  8. Redemption of promotion vouchers / discounts / referrals

  9. Applicable law

  10. Place of jurisdiction

  11. Code of conduct

  12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Happy Hemp Ltd., Centris Business Gateway, Triq Is-Salib Tal-Imriehel, CBD3020 Birkirkara, Malta (hereinafter “seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller regarding the goods presented by the seller in their online shop. The inclusion of the customer’s own terms and conditions is hereby rejected, unless something else has been agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers from the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that completes the order process. The customer can also submit the offer to the seller by telephone, e-mail, post or via the online contact form.

2.3 The seller can accept the customer’s offer within five days by

  • sending the customer a written order confirmation or an order confirmation in text form (e.g. e-mail), whereby receipt of the order confirmation by the customer is decisive, or

  • delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or

  • requesting payment from the customer after they have placed their order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer starts on the day following the day on which the customer sends the offer and ends at the end of the fifth day. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 When the customer submits an offer via the seller’s online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail) after they have submitted their order. If the customer has created a user account in the seller’s online shop before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login data.

2.5 Before placing a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical tool for better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries at any time using the usual keyboard and mouse functions until they click the button that completes the order process.

2.6 German and English are available for the conclusion of the contract.

2.7 Order processing and contact generally take place by e-mail and automated order processing. The customer must make sure that the e-mail address they provide for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.8 When ordering nicotine-containing vape liquids or Liquids, flavors and/or base liquids without nicotine, the customer confirms by sending the order that they have reached the legally required minimum age.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information about the right of withdrawal can be found in the seller’s cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices and include statutory VAT. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment options are communicated to the customer in the seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after con

ragsabschluss fällig, sofern die Parteien keinen späteren Fälligkeitstermin vereinbart haben.

4.5 If you choose to pay by invoice, the purchase price is due once the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 days from receipt of the invoice without any deduction, unless something else has been agreed. The seller reserves the right to offer payment by invoice only up to a certain order amount and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out the corresponding payment restriction to the customer in the payment information in the online shop.

5) Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For processing the order, the delivery address stated in the seller’s order process is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to outbound shipping costs if the customer effectively exercises their right of withdrawal. For return shipping costs in the event of effective exercise of the right of withdrawal by the customer, the provisions in the seller’s cancellation policy apply.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the item over to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive the goods when the goods are handed over. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer, even if they are a consumer, as soon as the seller hands the item over to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned this carrier, freight forwarder, or other person or institution to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller’s responsibility and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and any consideration already paid will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If the seller delivers in advance, they retain ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply.

7.2 If the customer is acting as a business,

  • the seller has the right to choose the type of subsequent performance;

  • for new goods, the limitation period for defects is one year from delivery of the goods;

  • for used goods, rights and claims for defects are excluded;

  • the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.3 The above limitations of liability and reductions in time limits do not apply

  • to the customer’s claims for damages and reimbursement of expenses,

  • if the seller has fraudulently concealed the defect,

  • to goods which, in line with their normal use, have been used for a building and have caused its defectiveness,

  • to any existing obligation of the seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.4 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is acting as a business, they are obliged to inspect the goods immediately and to notify any defects. If the customer fails to notify obvious defects within the deadline after receipt of the goods, the goods are deemed approved, unless the defect was not detectable during proper inspection. In that case, notification must be made immediately after discovery.

7.6 If the customer is acting as a consumer, they are asked to report goods delivered with obvious transport damage to the carrier and to inform the seller. If the customer does not do this, this has no effect whatsoever on their statutory or contractual claims for defects.

8) Redemption of promotional vouchers / discounts / referrals

8.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a certain validity period and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completing the order process. Retroactive crediting is not possible.

8.4 Several promotional vouchers can also be redeemed in a single order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is not enough to cover the order, one of the other payment methods offered by the seller can be used to pay the difference.

8.7 The balance of a promotional voucher will neither be paid out in cash nor earn interest.

8.8 The promotional voucher will not be refunded if the cus

de who returns the goods paid for in full or in part with the promotional voucher as part of their statutory right of withdrawal.

8.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

8.10 With our Loox referral program, you can invite friends and acquaintances. Both the person referred and the referrer receive a discount in percent or in euros. This discount can be used for future orders. It is expressly forbidden to refer yourself or to bypass the system using shady methods. Name changes, multiple orders under different email addresses, or “additional” people in your own household – these methods and others are checked regularly.

In the event of an attempted fraud, we will contact the person concerned and cancel the order.

If the goods sent can no longer be returned, we have the option to claim the difference (between the total amount without discounts and the amount actually paid).

9) Applicable law

All legal relationships between the parties are governed by the law of the Republic of Malta to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Place of jurisdiction

If the customer is acting as an entrepreneur, a legal entity under public law or a special fund under public law with its registered office in the sovereign territory of the Republic of Malta, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer’s registered office is outside the sovereign territory of the Republic of Malta, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller remains entitled to bring an action before the competent court at the customer’s registered office.

11) Code of conduct

We have committed ourselves to the following codes of conduct:

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link:
https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.