Terms of Service

General Terms and Conditions of the Online Store www.beherbie.com

1. General provisions

1.1 Application. These General Terms and Conditions ("Terms") govern the rights and obligations between Herbie d.o.o., Glavna 109, 31303 Podolje, OIB: 28646355258, MBS: 030244049 (the "Seller") and any person who orders a product through the online store www.beherbie.com (the "Buyer"). The Terms form an integral part of every distance contract concluded.

1.2 Pre-contractual information. These Terms also serve as pre-contractual information within the meaning of the Consumer Protection Act (Official Gazette No. 19/2022, as amended). By completing an order, the Buyer confirms that they have read and accept the Terms.

1.3 Consumer and business customer. Consumer protection provisions apply to a Buyer who is a natural person and enters into a contract outside their trade or professional activity ("Consumer"). Business customers are subject to the provisions of these Terms and applicable regulations, but not to the special consumer protection provisions, unless otherwise provided by law.

1.4 Amendments to the Terms. The Seller reserves the right to amend these Terms. Amendments enter into force on the date of their publication on the website. Contracts concluded before the publication of amendments are governed by the Terms in force at the time the contract was concluded.

2. Products, intended use and disclaimer

2.1 Aromatic herbal products. The Seller offers aromatic herbal mixtures ("potpourri") whose composition is 100% natural, without synthetic additives. The products are intended exclusively for aromatic use — as a fragrance additive for the space.

2.2 Flowers and derivatives of industrial hemp. The Seller offers flowers, flower powder and derivatives of industrial hemp (THC content below 0.2%) in the form of an aromatic fragrance product.

2.3 Accessories. The Seller offers accessories (vaporizers, grinders, pipes, rolling papers and similar items) as standalone goods.

2.4 Express Statement of Intended Use and Disclaimer. The Seller expressly emphasizes that the products referred to in Sections 2.1 and 2.2 of these Terms:

(i) are not intended for consumption by smoking, swallowing, drinking, inhaling, chewing, or by any other means of introducing them into the human body,

(ii) are not food, a food supplement, a medicinal product, a medical device, a cosmetic product, or a tobacco product and must not be used as such,

(iii) must not be further processed if the product resulting from such processing would not comply with applicable legislation.

The Seller provides no warranties or representations regarding any health, therapeutic, psychoactive, or other effects of its products. Information about plants published on the website is provided solely for informational and educational purposes and does not constitute medical advice, a recommendation for consumption, or encouragement of any use beyond the declared intended use.

The Customer assumes full responsibility for any use of the product that is not in accordance with its declared intended use. The Seller fully disclaims any liability for misuse of the product and shall not be liable for any damage, health consequences, or legal consequences resulting from use of the product contrary to its declared intended use. The Customer's subjective experience, expected effect, or personal expectations do not constitute grounds for a complaint, refund, or any claim against the Seller, provided that the product was delivered correctly and in accordance with its description.

2.5 Photographs and Descriptions. Product photographs are for illustrative purposes and may not correspond in every detail to the actual appearance of the product, particularly due to the Customer's screen settings. Differences in visual presentation do not constitute a defect in the product.

2.6 Availability. Only products marked as available may be ordered. If an ordered product is not in stock, the Seller will inform the Customer without delay and offer an alternative product or a refund of the amount paid.

2.7 Purchases by Adults. Purchasing products on www.beherbie.com is permitted exclusively for persons over 18 years of age. By completing an order, the Customer confirms that they are at least 18 years old.

3. Placing an Order and Concluding the Contract

3.1 Ordering process. The Buyer orders a product by selecting it from the offer, adding it to the cart, and completing the order form. The Buyer may place an order as a registered or unregistered user.

3.2 Conclusion of the contract. The contract is deemed concluded when the Buyer completes the ordering process by clicking the confirmation button. The Seller shall promptly confirm receipt of the order by email.

3.3 Legal capacity. For a contract to be validly concluded, the Buyer must have full legal capacity and be at least 18 years old.

3.4 Accuracy of information. The Buyer is responsible for the completeness and accuracy of the information entered when placing the order.

3.5 Obvious errors. In the event of obvious errors in the display of the price or product description resulting from technical irregularities, the Seller reserves the right to unilaterally terminate the contract and refund the amount paid.

4. Prices

4.1 Price display. All prices on www.beherbie.com are expressed in euros (EUR) and include VAT. Delivery costs are not included in the product price and are displayed separately before the order is completed.

4.2 Final price. Before confirming the order, the Buyer is shown separately: (i) the product price, (ii) delivery costs, and (iii) the total price including all costs and fees.

4.3 Discounts and promotional prices. If the price of a product is reduced, the lowest price of that same product applied during the 30 days preceding the start of the reduction is clearly indicated alongside the reduced price, in accordance with Directive (EU) 2019/2161 (Omnibus). For products that have been on the market for less than 30 days, the lowest price since the start of sales is displayed.

4.4 Payment transaction costs. In the case of payment by bank transfer, any bank transaction fees are not included in the price and shall be borne by the Buyer.

5. Payment methods

5.1 Available payment methods. Payment may be made in the following ways: (i) cash on delivery — payment upon receipt of the shipment, with a fee of EUR 3.00 (including VAT) for the cash-on-delivery service, (ii) card payment via the Corvus Pay system, (iii) bank transfer to the Seller’s account.

5.2 Payment deadline for bank transfers. In the case of payment by bank transfer, the Customer must make the payment within 5 business days of order confirmation. If payment is not made within the stated period, the Seller may terminate the contract by notifying the Customer.

5.3 Late payment. In the event of late payment, the Seller is entitled to charge statutory default interest in accordance with the Obligations Act.

6. Delivery

6.1 Shipping costs. Shipping costs depend on the destination: (i) Croatia — EUR 5.60 (including VAT), (ii) European Union — EUR 8.90 (including VAT), (iii) Ireland — EUR 20.00 (including VAT). For orders over EUR 55.00 (including VAT), delivery within Croatia and the European Union is free, except for delivery to Ireland, for which the price specified in item (iii) of this article always applies.

The Seller does not deliver outside the European Union. The current delivery terms are available on the Delivery Terms page (www.beherbie.com/policies/shipping-policy).

6.2 Delivery period. The Seller will hand over the shipment to the delivery service without unnecessary delay after receiving payment (for bank transfers) or after order confirmation (for cash on delivery or card payments). The maximum delivery period is 30 days from the conclusion of the contract, unless the Customer has expressly agreed to a longer period. If the Seller cannot deliver the product within 30 days, the Customer has the right to terminate the contract and receive a refund of all amounts paid.

6.3 Failed delivery. If delivery fails due to incorrect information or the Customer's unavailability at the stated address, the Customer shall bear the costs of redelivery. If the shipment is returned to the Seller due to failed delivery, the Seller will notify the Customer and offer redelivery upon payment of the additional shipping costs, or termination of the contract. In the event of termination, the Seller will refund the entire amount paid, but is entitled to deduct from the refund the actual direct costs of returning the package to the warehouse, as charged by the delivery service.

6.4 Transfer of risk. The risk of accidental destruction of or damage to the product passes to the Customer when the Customer or a third party authorized by the Customer (other than the carrier) takes possession of the product.

7. Right of withdrawal

NOTICE: A Buyer who is a Consumer has the right, without giving any reason, to withdraw from the contract within 14 days of receiving the product. If the Buyer wishes to withdraw from the contract, they may do so via the "Withdraw from the contract" button on the website, by email, or by post. Exceptions to this right are set out in Article 8.

7.1 Right of withdrawal. A Buyer who is a Consumer has the right, without giving any reason, to withdraw from a distance contract within 14 days of receiving the product, in accordance with Article 77 of the Consumer Protection Act.

7.2 Start of the period. The 14-day period begins on the day the Buyer or a third party authorized by the Buyer (other than the carrier) physically takes possession of the product. If multiple products delivered separately are ordered in a single order, the period begins on the day the last product is received.

7.3 How to exercise the right of withdrawal. The Buyer may withdraw from the contract in one of the following ways: (i) electronically by clicking the "Withdraw from the contract" button available on the website www.beherbie.com without needing to log in to a user account, (ii) by sending the completed Contract Withdrawal Form (Annex 1) to the email address herbiehrvatska@gmail.com, (iii) by sending a written withdrawal statement by post to the Seller's address. The Buyer may use the form in Annex 1, but this is not mandatory — any unequivocal statement of withdrawal is sufficient. The dispatch date of the statement is decisive. The Seller will promptly confirm receipt of the withdrawal statement by email.

7.4 Extension of the period. If the Seller has not duly informed the Consumer of the right to withdraw from the contract, the withdrawal period expires 12 months after the expiry of the original 14-day period.

8. Exceptions to the right of withdrawal

IMPORTANT NOTICE — HYGIENE SEAL: Herbal blends, industrial hemp flowers, and other aromatic herbal products are delivered in sealed packaging (a heat-sealed bag or protective seal). By removing the seal or opening the heat-sealed packaging, the Buyer loses the right to withdraw from the contract for hygiene reasons pursuant to Article 79(2)(5) of the Consumer Protection Act.

8.1 Sealed products. The right to withdraw from the contract unilaterally does not apply to the delivery of sealed products that are unsuitable for return for health protection or hygiene reasons if the Customer has removed the seal after delivery.

8.2 Other statutory exceptions. The right of withdrawal also does not apply to: (i) products made according to the Customer's specifications or clearly customized to personal needs, (ii) goods that deteriorate rapidly or whose expiry date is approaching.

8.3 Unopened products. If the product packaging is unopened and the seal is intact, the Customer has the full right to withdraw from the contract unilaterally within 14 days without stating a reason.

9. Product returns and refunds

9.1 Product returns. A Customer who has exercised the right of withdrawal must return the product without undue delay and no later than 14 days from the date of sending the withdrawal statement. The deadline is met if the shipment is handed over to the delivery service within the stated period. The product must be returned unused, undamaged, and preferably in its original packaging. The Customer is liable for any diminution in the value of the product resulting from handling beyond what was necessary to establish the nature, characteristics, and functionality of the product.

9.2 Return costs — borne by the Customer. The Customer shall bear all direct costs of returning the goods (postage for sending the package back to the Seller). Exceptionally, the Seller shall bear the return costs in the case of a justified complaint (incorrectly delivered or defective product).

9.3 Refunds. The Seller shall refund all payments received from the Customer, including standard delivery costs, without undue delay and no later than 14 days from the date of receipt of the withdrawal statement. The Seller may delay the refund until the returned goods are received or until the Customer provides proof that the goods have been sent back. The refund shall be made using the same payment method used by the Customer for the original payment, unless the Customer expressly agrees to another refund method, at no additional cost to the Customer.

9.4 The detailed return procedure is described on the Returns and Complaints page (www.beherbie.com/policies/refund-policy).

10. Material defects and complaints

10.1 Liability for defects. The Seller is liable for material defects in products in accordance with the Obligations Act. If the delivered product has a material defect (incorrect product, damaged product, incomplete delivery), the Buyer is entitled to: (i) replacement of the product, (ii) a proportionate price reduction, or (iii) termination of the contract and a refund.

10.2 Deadline for reporting a defect. The Buyer must report the defect without delay, and no later than 2 months from the date on which the defect was noticed, by sending an email to herbiehrvatska@gmail.com with a description of the defect and photographs.

10.3 Damaged shipments. If the package is visibly damaged upon delivery, the Buyer is advised to photograph the shipment before opening it and notify the Seller as soon as possible.

10.4 Response deadline. The Seller will respond to the complaint within 15 days of receipt.

10.5 Business customers. If the Buyer is not a Consumer, in the event of a justified complaint — except for termination of the contract — the Buyer is entitled to a proportionate price reduction or replacement of the product as agreed.

11. Retention of title

11.1 The delivered product remains the property of the Seller until the purchase price has been paid in full. Until ownership is transferred, the Buyer must handle the product with the care of a prudent owner.

12. Buyers from other European Union Member States

12.1 Right of access and purchase. In accordance with Regulation (EU) 2018/302 on addressing unjustified geo-blocking, a Buyer from any European Union Member State has the right to access the online store and order products under equal conditions.

12.2 Prohibition of discrimination. The Seller will not block, redirect or otherwise discriminate against Buyers on the basis of their nationality, place of residence or place of business within the European Union.

13. Intellectual property

13.1 All content on www.beherbie.com — including texts, photographs, graphic elements, logos and marks — are the Seller’s intellectual property or are used with the permission of the rights holder. Any unauthorized use is prohibited without prior written permission.

14. Personal data protection

14.1 The Seller processes the Customer’s personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Croatian legislation. Details on the collection, processing, and protection of personal data are available in the Privacy Policy at www.beherbie.com/policies/privacy-policy.

15. Dispute resolution

15.1 Amicable resolution. In the event of a dispute, the Seller and the Customer shall endeavor to resolve the dispute amicably through direct communication.

15.2 Alternative dispute resolution. A Customer who is a Consumer has the right to initiate an alternative consumer dispute resolution procedure before the competent authority in accordance with the Alternative Dispute Resolution for Consumer Disputes Act (Official Gazette No. 121/2016). The Seller is not required to participate in alternative dispute resolution proceedings unless required by law. Seller’s email address: herbiehrvatska@gmail.com.

15.3 Governing law and jurisdiction. These Terms are governed by the laws of the Republic of Croatia. For disputes with Consumers, the court having jurisdiction is the court of the Consumer’s place of residence in the Republic of Croatia. For disputes with business customers, the court with subject-matter jurisdiction in Osijek shall have jurisdiction.

16. Final provisions

16.1 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in force.

16.2 Entire agreement. These Terms, together with the order details and order confirmation, constitute the entire agreement between the Seller and the Customer regarding purchases made through the online store.

Annex 1 — Unilateral Contract Withdrawal Form

(Complete and send this form only if you wish to withdraw from the contract)

To:
Herbie d.o.o., Glavna 109, 31303 Podolje, Croatia
Email: herbiehrvatska@gmail.com

I, the undersigned, hereby declare that I am unilaterally withdrawing from the contract relating to the purchase of the following products:

Product name: _______________

Order number: _______________

Order date: _______________

Date of receipt of the product: _______________

Customer’s first and last name: _______________

Customer’s address: _______________

IBAN for refund (optional): _______________

Customer’s signature (only if the form is submitted in paper form)

Date: _______________