Terms of service

§ 1 Scope and Definitions

(1) For the business relationship between the online shop provider (hereinafter referred to as the "Provider") and the customer (hereinafter referred to as the "Customer"), the following General Terms and Conditions in their version valid at the time of the order shall apply exclusively. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of Contract

(1) The Customer can select products from the Provider's assortment and collect them in a so-called shopping cart via a button ("add to cart"). Through a checkout button ("buy now"), the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the Customer has accepted these contractual terms by checking the appropriate checkbox ("With your order, you agree to our General Terms and Conditions and Cancellation Policy"), thereby including them in their offer.

(2) The Provider will then send the Customer a confirmation of receipt by e-mail, in which the Customer's order is listed again. The confirmation of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the offer. The contract is only concluded upon the issuance of the declaration of acceptance by the Provider, which is sent via a separate e-mail (order confirmation). In this e-mail or a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the General Terms and Conditions, Cancellation Policy, and invoice) will be sent by us to the Customer on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.

(3) The Provider points out that products in the online shop could fall under the New Psychoactive Substances Act (NpSG - Neue-psychoaktive-Stoffe-Gesetz) in the future. In this event, trading, placing on the market, manufacturing, bringing into or through the area of application of the NpSG, as well as administering them, would be criminalized and made subject to penalties. The Provider reserves the right not to accept orders if the acceptance of the offer or, in any case, the delivery of the goods would violate applicable law at that time. The Customer is responsible for informing themselves about the current legal situation and taking measures to ensure they do not render themselves liable to prosecution.

(4) Sales are made exclusively to persons of legal age. By checking the appropriate checkbox ("I hereby confirm that I am at least 18 years old") during the checkout process, you confirm that you are of legal age.

(5) The contract is concluded in the German language.

§ 3 Delivery and Goods Availability

(1) Delivery times stated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance. If no delivery time or no alternative delivery time is specified for the respective goods in our online shop, it shall be three days.

(2) If no units of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently out of stock, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately.

(4) The following delivery restrictions apply: The Provider only delivers to customers who have their habitual residence (billing address) in Germany and who can provide a delivery address in the same country.

(5) There is currently no option to pick up orders.

§ 4 Retention of Title

Until full payment has been made, the delivered goods remain the property of the Provider.

§ 5 Prices and Shipping Costs

(1) All prices stated on the Provider's website include the applicable statutory value-added tax.

(2) The corresponding shipping costs are indicated to the Customer in the order form, unless the delivery is free of shipping costs, and are to be borne by the Customer, unless the Customer exercises their right of withdrawal.

(3) The goods are dispatched by postal delivery. The Provider bears the shipping risk if the Customer is a consumer.

(4) In the event of a withdrawal, the Customer shall bear the direct costs of returning the goods.

(5) The Customer shall bear the costs of reshipping if they provided an incorrect delivery address during the previous order, necessitating a renewed dispatch.

§ 6 Payment Modalities

(1) The Customer can make the payment in advance.

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer must pay the Provider default interest at a rate of five percentage points above the base interest rate per annum.

(3) The Customer's obligation to pay default interest does not preclude the Provider from claiming further damages caused by default.

§ 7 Warranty for Material Defects and Guarantee

The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code). For entrepreneurs, the warranty period for items delivered by the Provider is twelve months.

§ 8 Liability

(1) Claims by the Customer for damages are excluded. Exempted from this are claims for damages by the Customer arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the Provider is only liable for foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages arise from injury to life, body, or health.

(3) The limitations of Paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

(4) The limitations of liability resulting from Paragraphs 1 and 2 do not apply if the Provider has fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the Provider and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act (Produkthaftungsgesetz) remain unaffected.

(5) We expressly point out that our products are so-called research chemicals. These are not intended to be consumed by humans or otherwise ingested for the purpose of consumption, nor are they to be absorbed through mucous membranes (improper use). The same applies to mixtures and processings of our products.

§ 9 Cancellation Policy

(1) When concluding a distance selling transaction, consumers have a statutory right of withdrawal, about which the Provider informs the Customer below in accordance with the statutory model. A model withdrawal form can be found in Paragraph 2.

(2) As soon as the consumer has removed the seal after delivery, the right of withdrawal expires prematurely in accordance with § 312g Para. 2 No. 3 BGB, since this is a distance contract for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene.

Right of Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Awakening GmbH, Fidicinstrasse 44, DE- 10965 Berlin, represented by the Managing Director Denis Brodack, E-Mail: mail@psychedelika.club, by means of a clear declaration (e.g., a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you be charged any fees for this repayment.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods if this loss in value is attributable to handling them in a way that is not necessary for establishing the nature, characteristics, and functioning of the goods.

(3) The Provider informs about the model withdrawal form in accordance with statutory regulations as follows (if you wish to withdraw from the contract, please fill out this form and return it):

Model Withdrawal Form:

— To Awakening GmbH, Fidicinstrasse 44, DE- 10965 Berlin, represented by the Managing Director, Denis Brodack, E-Mail: mail@psychedelika.club

— I/We hereby withdraw from the contract concluded by me/us for the purchase of the following goods:

— Ordered on:

— Received on:

— Name of the consumer(s):

— Address of the consumer(s):

— Signature of the consumer(s) (only if notified on paper):

— Date:

§ 10 Final Provisions

(1) Contracts between the Provider and the Customers are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the Customer has their habitual residence as a consumer, remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of the Provider.

(3) The contract remains binding in its remaining parts even in the event of the legal invalidity of individual points. Provided they exist, the statutory provisions shall take the place of the invalid points. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.