General terms and conditions

AGB Shop

§ 1 Applicability, definitions of terms

(1) Branchmark UG(haftungsbeschränkt), Represented by Joshua Fischer, Blutenburgstr. 82 RGB, 80636 Munich, Germany (hereinafter: "we" or "Hemp Impact") operates an online shop for goods and services under the website https://hemp-impact.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.

(2) "Consumer" within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 Conclusion of contracts, storage of the text of the contract

(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at https://hemp-impact.com.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

Selection of the desired goods, the selected service(s),
Add the products by clicking on the corresponding button (e.g. "Add to shopping cart", "Add to shopping bag" or similar),
Checking the details in the shopping basket,
Call up the order overview by clicking on the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "To order overview" or similar),
Enter/check address and contact details, select payment method, confirm GTC and cancellation policy,
Completion of the order by pressing the "Buy now" button. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.

(4) In the event of conclusion of the contract, the contract shall be concluded with Branchmark UG(haftungsbeschränkt), represented by Joshua Fischer, Blutenburgstr. 82 RGB,, 80636 Munich, Germany.

(5) Before the order is placed, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the cancellation policy, shall be carried out by e-mail after the order has been triggered by you, partly automatically. We do not store the text of the contract after conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by aborting the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) In the case of our online shop, the subject matter of the contract is:

The sale of goods. The actual goods offered can be found on our article pages.
The provision of services. The specific services offered can be found on our article pages.

(2) The essential characteristics of the goods and services can be found in the item description.

(3) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

(4) It is agreed as the nature of the ordered goods: The products are industrial agricultural and natural products whose biological, physical and chemical properties must be taken into account when purchasing and using them. The range of natural differences within a type of goods is part of the characteristics of the product and does not constitute a reason for complaint or liability.

(5) The product offers of Hemp Impact are directed at the clientele of insofar expert companies in agriculture. The possession and use of ordered products by the customer is partly subject to legal requirements and restrictions, the observance of which is the responsibility of the customer. Professional advice on the possession and use of the products must be obtained by the customer.

§ 4 Prices, shipping costs and delivery

(1) Unless otherwise agreed at the time of conclusion of the contract, the product prices are exclusive of shipping and packaging costs and statutory VAT. The product prices do not include the statutory sales tax and must be paid in addition to the product. The purchase price is understood to be the product price plus statutory sales tax and shipping and packaging costs.

(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping basket system and on the order overview.

(4) All products offered have a delivery time of 14 days after receipt of payment, unless clearly stated otherwise in the product description.

(5) The following delivery area restrictions apply: Delivery is made to the following countries of the European Union and its border-free Schengen area.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of withdrawal

Hemp Impact only enters into a business relationship with companies (§ 1 no. 2 sentence 2), therefore the customers of Hemp Impact are not entitled to a right of withdrawal. As only consumers (§ 1 No. 2 Sentence 1) are entitled to a right of withdrawal in accordance with the statutory provisions.

§ 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have breached an essential contractual obligation, the liability for material damage and financial loss resulting therefrom shall be limited to the amount of the damage. Damage foreseeable and typical for this type of contract limited. A material contractual obligation is an obligation whose fulfilment makes the proper performance of the contract possible in the first place, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our duty to take action and to fulfil the contractually owed performance, which is described in § 3.

§ 8 Contractual language

Only German is available as the contractual language.

§ 9 Warranty

(1) The warranty shall be governed by the statutory provisions.

(2) The warranty period for delivered goods vis-à-vis entrepreneurs is 12 months.

(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(3) 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 Provider's registered office.

AGB Beratung und Vermittlung

These General Terms and Conditions apply to all consulting and services provided to a client on the basis of an order or an order confirmation and, if available, a specification sheet by Branchmark UG (haftungsbeschränkt), Blutenburgstr. 82 RGB, 80636 Munich - hereinafter also referred to as Branchmark UG. Branchmark UG also acts as Hemp Impact, as Hemp Impact is a company of Branchmark UG.

The order, order confirmation and, if available, the specifications are referred to collectively as the "contract" within these provisions.

§ 1 Type and scope of consulting and services

Branchmark UG provides consulting and services to support customers in the agricultural industry, in particular in the cultivation of industrial hemp (commercial hemp). The type, place, time and scope of the consulting and services are determined in the respective contract.
Branchmark UG does not provide legal and/or tax advice. If required, clients are instructed to consult a lawyer and/or tax advisor.
Branchmark UG shall provide the consulting and services pursuant to this contract according to the current state of knowledge at the time of conclusion of the contract.
Branchmark UG is entitled to have individual services rendered by sub-service providers or third parties. In doing so, Branchmark UG shall ensure that all requirements of the contract with the customer become part of the contract that Branchmark UG concludes with the respective sub-service provider or third party.
Services under a contract for work and services are not owed by Benchmark UG unless the contracting parties have expressly agreed otherwise.

§ 2 Cooperation of the Client

The Client shall support Branchmark UG to an appropriate extent in the provision of the consulting and services. In particular, it shall provide Branchmark UG with the necessary information and documents in full and in good time and ensure that Branchmark UG has a sufficient number of suitable contact persons with the necessary expertise at its disposal.
The client alone is responsible for reviewing and evaluating the suitability of information or documents of any kind that are provided, communicated in writing or verbally within the consultancy and made available to the client, even if they have been recommended by Benchmark UG.
Further obligations of the customer to cooperate may be agreed in the respective contract (also offer).
In the event of breaches of the customer's duty to cooperate, any performance deadlines to be met by Branchmark UG shall be extended by the delay caused by the breach. In addition, Branchmark UG shall be released from its obligation to perform insofar as, as a result of the breach of the obligation to cooperate and/or delays caused thereby, originally planned resources (funds, personnel) are no longer available to it. Additional expenses incurred by Branchmark UG as a result of the breach of the duty to cooperate shall be reimbursed to Branchmark UG by the client in an appropriate amount.

§ 3 Rights to the embodied advisory or service results

Insofar as Branchmark UG provides its services via a so-called "messenger service" ("telegram" or "whatsapp"), it will generally make its consulting or service results available to the customer in whole or in part as so-called text messages (in the respective contractually named "messenger service"). The customer shall be granted the simple, permanent and non-transferable right to use the results thus provided for the purposes agreed in the contract.
In all other cases, Branchmark UG grants the Client the non-exclusive, non-permanent and non-transferable right to use the embodied consulting and service results provided under the contract, insofar as this results from the purpose and area of application of the contract and insofar as the contracting parties have not agreed otherwise therein.

§ 4 Remuneration

Unless otherwise contractually agreed, the consulting and services provided by Benchmark UG shall be remunerated on a time basis. Material costs are remunerated separately. Waiting times of Branchmark UG employees for which the client is responsible are remunerated as working hours. Travel costs and expenses which Branchmark UG has to pay to its employees deployed within the scope of these services in accordance with the respective travel expense regulations of Branchmark UG shall be charged on to the client.
Remuneration for the performance of advisory and other services shall be based on a fixed price per person-day or hour agreed in the contract. A person-day comprises 8 hours including breaks. Additional time, surcharges for work on weekends and public holidays and incidental costs shall be remunerated separately.
Unless expressly stated otherwise, the total prices and times stated in the offers of Branchmark UG are non-binding estimates of the costs and time to be expected after professional calculation.
The services provided by Benchmark UG shall be duly invoiced to the Client on a monthly basis and/or at the latest upon completion of the services.
In the case of monthly invoiced so-called "advisory service" subscription offers, which include a contractually stipulated number of recurring advisory services within a month (a month applies from the conclusion date to the 15th of the following month in each case), the respective remuneration is due recurrently in advance on the 15th of the following month. The offer ends with the end of the contract agreed in the contract or in the offer. In the event of written notice of termination, the subscription shall expire at the end of the 15th of the following month.
The prices are net prices plus the applicable statutory value added tax.
The customer is only entitled to offset if his counterclaims have been legally established, are undisputed or have been recognised in writing by Branchmark UG. A right of retention of the customer is excluded, unless the counterclaim of the customer originates from the same contractual relationship and has been legally established, is undisputed or has been recognised in writing by Branchmark UG.
Brokerage services of goods that run via the platform "www.hemp-impact.com" - also Hemp Impact - are charged separately via a brokerage commission. During the three-month beta phase, there are no additional consultation or other costs. Once the user has selected one of the available subscription models, all advisory services that go beyond the usual level of customer service will be billed in a separate contract at an hourly rate customary in the industry. Only technical services or services necessary for the use of the platform are considered customer service. Translated with www.DeepL.com/Translator (free version)
Bei erfolgreicher Vermittlung über die Website „Hemp-Impact.com“ von Halbwahren und Landwirtschaftlichen Rohstofferzeugnissen, fällt eine Vermittlungsprovision bis zu 10.000,00 € von 8% und ab 10.000,00 € von 6% an .
Bei erfolgreicher Vermittlung außerhalb der Website „Hemp-Impact.com“, durch unser Sales Team, von Halbwahren und Landwirtschaftlichen Rohstofferzeugnissen, fällt eine Vermittlungsprovision von ab 10% des Umsatzes an.

§ 5 Payment Deadlines/Delay

Invoices are due for payment without deduction within 14 days of receipt by the customer.
If the customer defaults on a payment in whole or in part, Benchmark UG shall be entitled to charge the statutory interest in the amount of 8% p.a. above the base interest rate from the time of default.
In the event of default on the part of the customer, Branchmark UG is entitled to withhold its services. During the customer's default, Branchmark UG shall only perform any retained outstanding services against advance payments or securities.
In the event of default on the part of the client, Branchmark UG is entitled to release itself from the obligation to perform and may terminate the contracts and cooperation without notice. In this case, Branchmark UG shall be entitled to remuneration for the services rendered on the basis of the contract until the termination takes effect. If the termination without notice is effected via a so-called "consulting service" subscription offer, the client owes Branchmark UG the entire outgoing billing period.

§ 6 Liability

Any liability of Branchmark UG for slightly negligent breaches of duty is excluded, unless these relate to damages from injury to life, limb or health or affect claims under the Product Liability Act. Furthermore, liability for the breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the user may regularly rely ("essential contractual obligations"), shall remain unaffected. In the event of a breach of essential contractual obligations, however, claims for damages by the customer shall be limited to compensation for foreseeable damage typical of the contract. The same limitations of liability apply to breaches of duty by the legal representatives and vicarious agents of Branchmark UG.
Claims for damages against the respective other contracting party shall become statute-barred in accordance with the statutory provisions, but no later than two years after the breach of duty or the tortious act. This does not apply to cases in which liability is based on intent.
In the event of loss of data, Branchmark UG shall only be liable for the expenditure that would have been necessary to restore the data if the customer had properly backed up the data.

§ 7 Data protection

The customer is aware that Branchmark UG is entitled, within the limits of the data protection regulations, to electronically store the data relating to the sponsor for automatic processing and to pass this on to service partners of Branchmark UG insofar as this is necessary for the performance of the contract. By accepting the General Terms and Conditions, the Client gives its consent to this.
Any further use, in particular a transfer or resale of the data by Branchmark UG to third parties, is excluded, unless it takes place within the aforementioned framework or the customer has expressly consented to the transfer of his data.
The customer may object in writing to the storage and use of the collected and stored data at any time without stating reasons. This may result in Branchmark UG no longer being able to fulfil its contractual tasks. Any liability of Branchmark UG or the assertion of claims for damages is excluded in this case.
Written objection shall be made via the info@hemp-impact.de or by post Branchmark UG (haftungsbeschränkt), Blutenburgstr. 82 RGB, 80636 Munich.

§ 8 Secrecy

Branchmark UG undertakes to maintain secrecy about all business and trade secrets of the client that become known in the course of its contractual activities; such secrets are all information that is not generally available.
Branchmark UG is only entitled to publish work results with the prior written consent of the Client; in the case of publication in anonymised form, the Client's consent is dispensable. Branchmark UG has the right to use the project, including a brief description as well as the name and logo of the client, as a reference in its own physical and/or digital sales documents, including its own websites, after receiving written permission from the client.

§ 9 Prohibition of enticement and employment by third parties

The Client undertakes not to poach any employees from Benchmark UG and/or to employ them in any form via third parties.
This prohibition shall apply for the duration of the term of the respective agreed contract and for a further two years beyond the term of the contract.

§ 10 Final provisions

Branchmark UG reserves the right to subsequently amend these General Terms and Conditions. In this case, Branchmark UG will notify the customer of the changes in good time (at least: six weeks) in advance. If the customer does not object to the changes six weeks after receipt of the notification, they shall be deemed accepted by the customer. In the event of an objection by the customer to the changes, Branchmark UG has the right to terminate the contractual relationship with the customer extraordinarily and without notice.
The customer's general terms and conditions of business or delivery shall not apply in addition to these General Terms and Conditions.
This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is Munich, unless otherwise stated in the order confirmation.
If any clause of these terms and conditions is invalid, this shall not affect the validity of the other clauses. If a clause of these terms and conditions is invalid in only one part, the other part shall remain valid. The parties are required to replace an invalid clause with a valid substitute provision that comes as close as possible to the economic purpose of the invalid contractual provision.