Terms & Conditions (AGB)
Terms and Conditions (T&C)
Last updated: July 3, 2026
1. General
1.1
These Terms and Conditions (“T&C”) apply to all orders, sales, and deliveries of products (“Products”) offered and sold through this online store (“Online Store”) available at:
https://persist.club
1.2
The contract language is German.
2. Scope
2.1
These Terms and Conditions apply exclusively to consumers within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG) (“Customer”).
3. Amendments to these Terms
3.1
The Seller reserves the right to amend these Terms and Conditions at any time. The version valid at the time the purchase is completed shall apply to the respective order.
4. Customer Account
4.1
Customers may create a customer account in order to place orders. Creating an account requires the provision of certain personal information.
Orders may also be placed without creating a customer account.
5. Orders, Order Confirmation and Acceptance
5.1
The ordering process consists of the following steps:
- Selecting the desired products
- Adding products to the shopping cart
- Entering personal information
- Selecting the payment and shipping method
- Reviewing and correcting the order if necessary
- Submitting the binding order by clicking the button labelled “Order with obligation to pay”
5.2
The products and prices displayed in the Online Store constitute an invitation for the Customer to submit a binding offer to purchase the Products (“Order”).
By clicking the button labelled “Order with obligation to pay”, or another equivalent wording, the Customer submits a binding order.
Images and illustrations of the Products are intended for illustrative purposes only unless explicitly stated otherwise. Minor and objectively justified deviations are accepted by the Customer.
5.3
The Seller will promptly send an email confirming receipt of the Customer’s order (“Order Confirmation”).
This confirmation merely acknowledges receipt of the order and does not constitute acceptance of the Customer’s offer.
5.4
Acceptance of the order shall occur depending on the selected payment method by one of the following:
- by sending an order confirmation via email;
- by dispatching the ordered goods (a shipping confirmation shall be deemed an order confirmation);
- by sending a payment request.
5.5
The Customer shall ensure that all information provided during the ordering process, particularly shipping information, is complete, accurate and up to date.
The Customer shall promptly notify the Seller of any changes.
5.6
The Seller will issue invoices electronically.
The Customer agrees to receive invoices in electronic form.
6. Prices and Payment
6.1
Unless otherwise stated, all prices are quoted in Euros including VAT but excluding shipping costs.
Shipping costs are displayed before the Customer submits the order.
6.2
The following payment methods are available:
- Credit Card
- Bank Transfer (Prepayment)
- Klarna
- Apple Pay
- PayPal
- Sofort
- Google Pay
- Invoice
6.3
Shipping costs depend on the order and are displayed before checkout as well as in the order confirmation.
7. Delivery
7.1
The shipping methods offered in the Online Store are available to the Customer.
7.2
Delivery times are based on the information provided by the selected shipping carrier.
Unless otherwise specified, Products will be delivered within a maximum period of 30 days after the contract has been concluded.
7.3
Delivery periods shall be extended appropriately if delays result from force majeure, labour disputes or other circumstances beyond the Seller’s reasonable control.
The Seller will inform the Customer of the beginning and end of such circumstances as soon as reasonably possible.
7.4
If the Customer refuses acceptance of the Products, the statutory warranty period shall nevertheless commence.
8. Retention of Title
8.1
The Products remain the property of the Seller until full payment of the purchase price and any ancillary costs, including shipping charges, has been received.
9. Delay by the Seller
9.1
If the Seller is in default, the Customer shall first grant the Seller an additional reasonable period of two weeks to perform.
If the Seller fails to perform within that period, the Customer may withdraw from the contract or continue to insist on performance.
10. Warranty
10.1
Hempalaya – Desiree Kudrys e.U. provides the statutory warranty in accordance with applicable law.
For warranty claims, please contact:
contact@persist.club
10.2
Where reasonable, the Seller may require the Customer to return defective Products.
The Seller shall bear the transport risk and the costs of returning defective Products.
Customers are requested to report obvious transport damage directly to the delivery service and inform the Seller accordingly.
Failure to do so does not affect the Customer’s statutory warranty rights.
11. Liability
11.1
The Seller shall not be liable for damage caused by slight negligence, except in cases involving personal injury or essential contractual obligations.
Liability for pure financial loss, loss of profit, indirect damages, consequential damages and third-party damages is excluded unless caused intentionally or through gross negligence.
12. Final Provisions
12.1
Unless mandatory law provides otherwise due to the targeting of this Online Store, Austrian law shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2
For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection granted by the law of their country of habitual residence.
12.3
The Customer may offset claims against the Seller only where such claims are legally connected, acknowledged by the Seller or established by a final court decision.
12.4
The Customer shall notify the Seller without undue delay of any change of address.
If the Customer fails to do so, declarations sent to the last known address shall nevertheless be deemed effectively delivered.
Right of Withdrawal
Information regarding your statutory right of withdrawal can be found in our separate Right of Withdrawal page.