Terms of service
This English version is provided for your convenience. Only the German version is legally binding.
1. Scope and provider
(1) These General Terms and Conditions apply to all orders and contracts that consumers conclude with us – Hazy Hills GmbH (Neudorf 82, 3335 Gaflenz, Austria) – via the online shop https://hazyherbs.com.
(2) A consumer within the meaning of these terms is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities (consumer within the meaning of the Austrian Consumer Protection Act – KSchG). End customers within the meaning of these terms are consumers resident in a member state of the European Union or in Switzerland. We only sell to end customers in the EU and Switzerland; sales to businesses or resellers are excluded.
2. Conclusion of contract and ordering process
(1) The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to customers to order products. By submitting an order in the online shop (by clicking the button "order with obligation to pay" or "buy now"), you make a binding offer to conclude a purchase contract for the goods in your shopping cart.
(2) After submitting your order, you will immediately receive an order confirmation by email from us, confirming receipt of your order and listing its details. This order confirmation does not yet constitute acceptance of your offer; it only informs you that we have received your order.
(3) A purchase contract is only concluded when we expressly accept your offer – either by an order or shipping confirmation by email or by dispatching the goods within three working days. If your order cannot be accepted, we will inform you by email within this period; in this case, we will refund any payments already received without delay.
(4) The ordering process in our shop comprises the following steps:
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Selecting the desired items and adding them to the shopping cart.
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Opening the shopping cart and checking your selection.
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Clicking "Checkout".
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Entering the required order details either by registering/logging in with a customer account or as a guest order without registration (billing and delivery address and contact details).
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Selecting the shipping and payment method.
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Checking all details and the order summary once more.
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Submitting the binding order by clicking the button "order with obligation to pay" (or a button with equivalent wording).
Before finally submitting your order, you can check and change your entries at any time. You can also cancel the ordering process at any time by closing the browser window.
(5) We save the contract text (your order and these terms). You can view the terms on our website at any time. The order details and the terms will be sent to you by email with the order confirmation. If you have created a customer account, you can view previous orders in your account area.
3. Prices, shipping costs and terms of payment
(1) Prices: All prices stated on the product pages are in euros (€) and include statutory VAT. Any additional shipping costs are shown during the ordering process and are borne by the buyer, unless free shipping is granted in the individual case in accordance with our shipping terms.
(2) Terms of payment: The available payment methods include:
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Credit card / debit card (e.g. VISA, MasterCard)
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PayPal
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Klarna instant bank transfer ("Sofort" / Klarna Pay Now)
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Apple Pay
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Google Pay
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Shop Pay
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eps transfer (for customers in Austria)
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iDEAL (for customers in the Netherlands)
Please note that individual payment providers may require registration or further conditions. We reserve the right not to offer certain payment methods in individual cases.
(3) Due date: Unless otherwise agreed, the purchase price is due immediately upon conclusion of the contract. For payment in advance (bank transfer) – if offered by us – payment must be made immediately after conclusion of the contract. We only ship the goods after receipt of full payment. For payment by credit card, PayPal or other instant payment methods, your payment method is charged immediately when the order is completed.
4. Delivery and shipping terms
(1) Delivery area: We deliver our goods to customers with a delivery address in the European Union (with the exception of Cyprus and Ireland) and to Switzerland. We do not deliver to other countries or territories.
(2) Carriers: Depending on the destination country, delivery is made either by Austrian Post or by DHL (in cooperation with our logistics partner). Unless stated otherwise, we ship within the EU as a priority parcel with tracking. Deliveries to Switzerland are sent as priority parcels (usually without full tracking).
(3) Delivery times: Unless stated otherwise in the offer, the goods are delivered within approx. 1–3 working days after dispatch (for deliveries within Austria and the rest of the EU). Deliveries to Switzerland usually take approx. 2–4 working days. Unless otherwise agreed, the period begins as soon as we have received your payment or from the conclusion of the contract (e.g. for cash on delivery or purchase on account). Please note that in addition to the actual shipping time, a processing time of 1–3 working days until dispatch may apply, especially when order volumes are high or for certain payment methods. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, delivery is postponed to the next working day. As a rule, however, orders are processed and shipped as quickly as possible.
(4) Shipping costs: Shipping costs depend on the destination country and the order value. Current details can be found in the shipping information on our website. In outline: for delivery addresses in Austria, the flat shipping rate is €5.90. For Germany and the other EU countries, it is also €5.90. Shipping to Switzerland costs €26.90 per order. From an order value of €50, we deliver free of shipping costs within the EU. Note: The higher shipping costs for Switzerland result from additional fees and customs formalities. Any import duties (customs, import VAT) incurred in Switzerland are borne by the customer.
(5) Partial deliveries: If an ordered item is exceptionally not in stock or not available, we are entitled to make partial deliveries, provided this is reasonable for you. In this case, we bear any additional shipping costs. We will inform you of partial deliveries immediately.
(6) Transfer of risk: For consumers, the risk of loss of or damage to the goods during shipping only passes upon handover of the goods to the consumer or to a person authorised by them to receive them. Until then, the seller bears the risk in any case.
5. Retention of title
The goods remain our property until full payment has been made. Ownership of the goods only passes to the buyer once the purchase price has been received in full.
6. Right of withdrawal and returns
Consumers have a statutory right of withdrawal of 14 days from receipt of the goods (see the withdrawal policy under point 2 of these legal texts). To exercise the right of withdrawal and for returns, please observe the conditions stated there and the model withdrawal form.
In the event of an effective withdrawal, we will refund the purchase price and any delivery costs paid within 14 days of receipt of the notice of withdrawal and the returned goods. We bear the cost of returning the goods, provided you have informed us of the return in advance (so that we can provide you with a return label, for example).
The goods should be packed for return in proper condition that ensures safe transport. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check their nature, characteristics and functioning.
7. Warranty
The statutory warranty provisions apply. The warranty period for new goods is two years from delivery. If there are any defects in the goods delivered, you can contact us. In the event of a warranty claim, you are entitled to the statutory claims for remedy (repair or replacement), price reduction, rescission (cancellation of the contract) or damages. Damage caused by improper handling or improper use of the goods by the customer does not give rise to a warranty claim.
Without prejudice to the statutory warranty, in the event of a guarantee claim you can contact the manufacturer if a manufacturer's guarantee exists for a product. Any manufacturer's guarantee is in addition to your statutory rights and does not limit them.
8. Liability
(1) We are liable without limitation for damage resulting from injury to life, body or health based on a negligent or intentional breach of duty by us or our legal representatives.
(2) For other damage, the following applies: we are liable without limitation in the case of intent and gross negligence. In the case of slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations), whereby liability is limited to the damage that is typical for the contract and foreseeable. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely.
(3) The above limitations of liability also apply in favour of our vicarious agents. However, the limitations of liability do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The provisions of the Austrian Product Liability Act (PHG) remain unaffected.
9. Data protection
We comply with all relevant data protection regulations. Customers' personal data is only collected, processed and used within the framework of the statutory provisions – in particular the GDPR and the Austrian Data Protection Act (DSG). We do not pass on any personal data to third parties without your consent, unless this is necessary to fulfil the contract (e.g. transmitting the delivery address to the shipping company).
Note: Our website uses tracking technologies from third-party providers (in particular the Meta Pixel from Facebook/Meta and Google Analytics from Google) to analyse usage behaviour and to optimise our online offering and marketing activities. These technologies may use cookies. For more information on this, as well as on your rights and settings (opt-out), please refer to our privacy policy and the cookie policy on our website. By using our website, you consent to data processing in accordance with the privacy policy.
10. Contract language
The contract language is German. All information on the contract, customer service and contract processing are also offered exclusively in German.
11. Applicable law and place of jurisdiction
Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers with their habitual residence within the EU, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (favourability principle under Art 6(2) Rome I Regulation).
For businesses (if, exceptionally, a contract is concluded with businesses), the following applies: the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the court with subject-matter jurisdiction at our registered office (Steyr, Austria). For consumers, the statutory place of jurisdiction at the consumer's place of residence applies.
12. Severability clause
Should any provision of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the relevant statutory provision. The same applies to any gaps in the contract.
These terms are valid as of: June 2025