ToS

General Terms and Conditions

1. Scope of application

For all orders via our online store by consumers and contractors, the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An enterprise is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

The following shall apply vis-à-vis contractors: If the contractor uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract

The purchase contract is concluded with Sanity Care GmbH.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

The contract text is not stored by us.

4. Delivery conditions

In addition to the stated product prices, shipping costs may be incurred. You can find out more about shipping costs in the respective offers.

We deliver only by dispatch. A pickup of the goods is unfortunately not possible.

We also offer additional options for shipping (eg express shipping) for a fee. If the buyer chooses such a shipping method during the ordering process, the resulting additional costs will not be refunded in the event of revocation under paragraph 7 or the exercise of the voluntary right of return under paragraph 8.

Since the required age verification is not guaranteed, delivery to packing stations is excluded for the following products 1. CBD Pen | Lemon, 2. CBD Pen | Herbal, 3. CBD Pen | Fruit, 4. CBD Pen | Mint.

All other products will be delivered to packing stations.

5. Payment

In our store you can choose between the following payment methods:

Prepayment
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
With the completion of your order you provide us with your credit card details. After your verification as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

Klarna's payment options

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

• Invoice: The payment term is 14 days from the date of shipment of the goods. You can find the invoice terms here.
• Installment purchase: With the financing service of Klarna you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. You can find more information about the installment purchase including the general terms and conditions and the European standard information for consumer credit here.
• Instant bank transfer: Your account will be debited immediately after placing the order.

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. More information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy.

Giropay

After placing the order you will be redirected to the website of your bank. In order to pay the invoice amount via Giropay, you must have an online banking account with PIN/TAN procedure activated for participation in Giropay, legitimize yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards and your account will be debited.

EPS

After placing the order you will be redirected to the website of your bank. In order to be able to pay the invoice amount via EPS, you must have an online banking account with PIN/TAN procedure that has been activated for participation in EPS, you must verify your identity accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards and your account will be debited.

6. Contract duration, contract termination and payment modalities for subscriptions

You have the option to order our products as part of a recurring subscription. You can see this option in the product description of the individual products in our online store. Here you can choose to receive our products either monthly, every two months or every three months. If you choose one of these subscriptions, we currently offer Paypal or credit card as payment options. By subscribing, you will receive a 10% discount on the product you select. Of course you can subscribe to more than one product. However, the discount only applies to the selected product. The discount does not increase with the selection of multiple products. The corrected product price will be displayed automatically when you choose one of the subscription options. In addition, the shipping fee is waived for the delivery of orders within the subscription.
The duration of the subscription period depends on the subscription you have chosen. Subscription contracts have a minimum duration of three orders. After these three orders, the subscription can be cancelled at any time. Otherwise, the subscription you have chosen will continue indefinitely until the date of receipt of your notice of cancellation. This means that you can cancel a monthly subscription after three months, a two-month subscription after six months and a three-month subscription after nine months. Once you have cancelled, you will receive another order.

If you prefer to pause the subscription, you can of course do that as well. A subscription can always be paused for a maximum period of six orders. You can pause or cancel your subscription at any time through your VAAY account. If you wish to make any other adjustments to your subscription, please contact VAAY Customer Service.

The right to extraordinary termination for cause remains unaffected. An important reason exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

The payment due date depends on the subscription you have taken out. As soon as you take out a subscription, the payment for the first order is due. Thereafter, the payment due date for the orders is always based on the frequency at which you would like to receive your orders. So either monthly, every two or every three months. If you would like to use a coupon code when subscribing, this is only possible for your first order. If it is not possible to debit the payment from your chosen payment option, you will receive a message from us that the order cannot be processed.

Your subscription will be shipped as soon as the payment has been made. You will always receive your order in the same cycle in which you have completed the subscription. This means that if you choose a monthly subscription at the first of a calendar month, the payment will be due the following month on the same day and the order will be shipped upon receipt of payment. If you choose a two-month subscription, payment will be due after two months, and if you choose a three-month subscription, payment will be due after three months. If you have any questions about our subscriptions, please feel free to contact our customer service.

7. Right of cancellation

You have the statutory right of withdrawal as described in the cancellation policy.

8. Voluntary right of return up to 30 days after receipt of goods:

In addition to the statutory right of withdrawal described above, we grant you the option to return your order to us free of charge within 30 days of the receipt of the goods.

Please note that this only applies to sealed, complete and unused items, sets and goods.

The statutory right of withdrawal of 14 days remains unaffected. You can find more information about our cancellation policy here.

We would like to point out that credit notes will only be issued once we have received the goods you have shipped.

If you want to return goods, please send them to our shipping partner:

Zenfulfillment / FIEGE
c/o Returns VAAY
GATE 19/20/21
Sülzenbrücker Str. 7
99192 Apfelstädt

9. Retention of title

The goods remain our property until full payment.
For contractors, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

10. Transportation Damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery company and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

11. Warranty and guarantees

The statutory law on liability for defects shall apply. Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and claims on weekdays from 9:00 am to 6:00 pm under the phone number +49 (0) 30 800 93 690 and by e-mail at service@vaay.com.

12. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in the event of injury to life, limb or health
• in case of intentional or grossly negligent breach of duty
• in the case of warranty obligations, insofar as this has been agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

13. Dispute Settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board. The competent body is the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.

14. Protection of minors

If your order includes goods, the sale of which is subject to age restrictions, we ensure through the use of a reliable procedure including a personal identity and age check that the customer has reached the required minimum age. The delivery person will hand over the goods only after the age check has been carried out and only to the customer personally.

15. Information according to ElektroG

Information and advice for private households
The Electrical and Electronic Equipment Act (ElektroG) contains a variety of requirements for the handling of electrical and electronic equipment. We have compiled the most important ones for you here.

Separate collection of old appliances
Electrical and electronic equipment that has become waste is referred to as old equipment. The owners of such old devices have to bring them to a separate collection from the unsorted municipal waste. It is important to note that old appliances do not belong in household waste, but only in special collection and return systems/containers.

Batteries and rechargeable batteries
The owners of old devices must normally separate the old batteries and accumulators, which are not enclosed by the old device, from the old device before handing them in at a collection point. If you take your old equipment to a public waste management authority to be prepared for reuse and separated from other old equipment, this does not apply.

Options for returning old equipment
As already described, owners of old devices from private households can hand them in at the collection points of the public waste management authorities or use our Vape Takeback Program especially for our vape/diffuser pens. An online directory of collection and takeback points can be found here: https://www.ear-system.de/ear-verzeichnis/sammel-und-ruecknahmestellen.jsf

Data protection notice
Often, old devices contain sensitive personal data. This is especially true for information and telecommunication technology devices such as PCs, notebooks, tablets and smartphones. Of course, this does not apply to our vape/diffuser pens. In your own interest, please note that you are responsible for deleting your data on the old devices to be disposed of.

Meaning of the symbol "crossed out garbage can
The symbol of a crossed-out dustbin, which is regularly displayed on electrical and electronic equipment, indicates that the respective device must be collected separately from unsorted municipal waste at the end of its service life.

Manufacturer registration number
We are registered under the following WEEE registration number: DE41369638.

16. Final Provisions

If you are a businessman, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.