GENERAL TERMS AND CONDITIONS of Hemp-Trade - Moradi’s Helping Hemp GmbH

Preamble

Hemp-Trade is a wholesale platform of the company Moradi’s Helping Hemp GmbH, Angerer Straße 9/Top 1, 1210 Vienna, Austria.
As a mediator and consultant Hemp-Trade mediates hemp and hemp by-products, without any obligation to purchase for Hemp-Trade, so that the mediation of the goods is the basis of the business. For his activity as a mediator/consultant Hemp-Trade (short HT) receives a corresponding commission. Independent of the supplier (supplier or producer) HT mediates between the supplier on the one hand and the buyer on the other hand. The commissioned mediator is active for both parties of the mediation contract and has to protect the interests of both parties.
(1) These GTC shall apply from the conclusion of the contract between HT as intermediary and consultant on the one hand and the customer (seller and buyer) on the other hand.
(2) The client agrees that these GTC shall be the basis for the entire contractual relationship between him/her and HT for a period of one year (1 year) after signing the NCNDA provided.

§ 1

Use of the platform Hemp-Trade

The use of the platform requires a complete registration of both parties (seller, buyer) on the provided internet platform Hemp-Trade.eu.
After successful registration and signing of the NCNDA agreement provided by HT the parties are allowed to use the platform until revocation.
The seller is responsible for the maintenance of the offered products on the platform and is obliged to remove them from the platform within 24 hours if the product can no longer be purchased.
Moradi’s Helping Hemp GmbH provides the platform but assumes no liability for the accuracy, completeness of the content and any copyrights in images created by third parties.

§ 2

Duty of the customer to cooperate

The Seller is obliged to provide all relevant data (quantity, availability, analyses, certificates, price, special features) of the Product made available for sale on the HT Platform. Analyses and certificates from independent laboratories are preferable here. Provided product photos are for illustration purposes, but must not contain any references to the supplier. (White Label)
The buyer has the duty to inform himself about the national laws in which he operates before placing a bid and to apply them.

§ 3

Right of withdrawal

The buyer has the right to withdraw from the contract if the purchased product does not correspond to the pre-tested product. Excluded from this are personal or unqualified tests.
The seller has the right to withdraw from the contract if previously agreed payment terms are not met by the buyer.

§ 4

Commission

The 3% commission for HT is due in full immediately after the conclusion of a sales contract and will not be refunded even if a sales partner withdraws from the contract.

§ 5

Services of Hemp-Trade

Additional services such as: Product testing by independent laboratories, supplier audit, escrow services, notarial contract review are to be ordered in advance and paid in full.

§ 6

Exclusion of Liability/Release from Liability/Inspection by Independent Third Parties

(1) HT shall always be indemnified and held harmless.
(2) HT shall only be liable for damages other than those resulting from injury to life, body, and health, insofar as these damages are based on intentional or grossly negligent actions, or on culpable violation of an essential contractual obligation (e.g., payment of commission) by HT, its employees, or vicarious agents. This also applies to damages resulting from the violation of obligations during contract negotiations as well as from the performance of tortious acts. Any further liability for damages is excluded.
(3) Except in the case of injury to life, limb, or health, or in the case of intentional or grossly negligent conduct on the part of HT, its free-lance employees, or its vicarious agents, liability shall be limited to damages typically foreseeable at the time of the conclusion of the contract, and otherwise to the amount of average damages typical for the contract. This shall also apply to indirect damages, in particular loss of profit.
(4) HT shall not be liable for damages of any kind resulting from loss of data on the servers, except in the case of gross negligence or willful misconduct on the part of HT, its employees or agents. Stored contents of the distribution partners are third party information for HT in the sense of the applicable law.
(5) Product liability lies exclusively with the manufacturer or seller. HT does not assume any liability for products, transport, payments or similar and acts only as an intermediary/consultant.
(6) As soon as a product test is carried out by an independent third party, these test results shall be binding and shall cancel any previous own test results.

§ 7

Secrecy

Both parties, buyer and seller/manufacturer are bound to absolute secrecy. NCNDA is obligatory for all customers.

§ 8

Exclusion of customers

Hemp-Trade reserves the right to exclude buyers, sellers, manufacturers from the platform without giving reasons.

§ 9

Tax and legal advice

HT does not inform or advise about tax or legal questions, which are reserved to tax advisors or lawyers due to professional regulations. The customer is advised to contact his tax advisor or lawyer himself about the tax or legal consequences of his purchase/sale. HT expressly refers to the different state laws.

§ 10

Means of Communication

Orders must always be placed in writing. Placing orders by telephone, fax, or e-mail is only valid if the customer has previously agreed upon this with HT.
Other communication between HT and the customer may take place via any common means of communication. If the customer provides an e-mail address, the customer agrees that HT may also notify the customer by e-mail.

§ 11

Copyrights

The customer acknowledges that every concept created by HT is a copyrighted work. All duplications, distributions, changes or additions require the written consent of HT.

§ 12

Place of Jurisdiction

The place of jurisdiction and the place of performance shall be the domicile of HT, unless otherwise provided by mandatory law.

§ 13

Penalties

In the event that one of the contracting parties (buyer/seller) significantly contributes to the non-fulfillment of a purchase transaction or attempts to circumvent HT, a contractual penalty is agreed upon, which is not to be regarded as a penalty. It amounts to 10% of the total order amount, but at least 1.500.- Euro. Excluding reminder and lawyer’s fees

§ 14

Ratings (Moradi’s Helping Hemp Seal)

HT rates both sellers and buyers with the MHH hemp seal. This rating scale ranges from one (1) to five (5) seals and beyond (Premium). Five seals and premium represents the highest level. This rating is intended to provide a quick overview to the respective other party. The criteria for this rating is solely up to MHH and years of experience.

§ 15

Final provisions

Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the remainder of the contract.
The severability clause applies.
The contracts between HT and the customer are subject to Austrian law.
The free market economy shall apply

§ 16

Severability Clause

If any provision of this contract is or becomes ineffective, null and void, or becomes null and void, the effectiveness of the other provisions shall not be affected. In the place of the ineffective/void vote, the parties shall make such vote as comes closest to the purpose intended by the ineffective/void vote. This shall also apply to the filling of any gaps in the contract.