CannaExotic – Terms and Conditions
www.cannaexotic.com provides its services subject to the following conditions. By visiting or shopping within this website, you agree to abide by these Terms & Conditions.
Index:
- Article 1 – Definitions
- Article 2 – Identity of the trader
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The contract
- Article 6 – Right of withdrawal
- Article 7 – Customers’ obligations in case of withdrawal
- Article 8 – Customers who exercise their right of withdrawal and the costs involved
- Article 9 – Traders’ obligations in case of withdrawal
- Article 10 – Precluding the right of withdrawal
- Article 11 – The price
- Article 12 – Contract fulfilment and extra guarantee
- Article 13 – Delivery and implementation
- Article 14 – Extended duration transactions: duration, termination, and prolongation
- Article 15 – Payment
- Article 16 – Complaints procedure
- Article 17 – Disputes
- Article 18 – Branch guarantee Thuiswinkel.org (Shopping secure)
- Article 19 – Additional or different stipulations
- Article 20 – Amendment to the general terms and conditions
Article 1 – Definitions
The following definitions apply in these terms and conditions:
- Supplementary agreement: An agreement in which a consumer obtains products, digital content, and/or services via a distance contract, and a trader or a third party delivers these products, digital content, and/or services in accordance with an agreement between that third party and the trader.
- Withdrawal period: The period within which a consumer can make use of his right of withdrawal.
- Consumer: A natural person whose actions are not carried out for objectives relating to the course of a trade, a profession, or a business.
- Day: Calendar day.
- Digital content: Data that are produced and supplied in digital form.
- Extended duration transaction: A distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time.
- Durable medium: Every means, including emails, that enables a consumer or trader to store information that is addressed to him personally in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information.
- Right of withdrawal: The possibility for a consumer to waive a distance contract within the withdrawal period.
- Trader: A natural or legal person who offers products, (access to) digital content, and/or services to consumers from a distance.
- Distance contract: A contract concluded between a trader and a consumer within the framework of a system organized for the distance sale of products, digital content, and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded.
- Technique for distance communication: Means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
Article 2 – Identity of the Trader
Our main office address is:
CannaExotic
Prinsengracht 480
1017 KG Amsterdam
The Netherlands
Email address: cannaexotic@gmail.com
CoC: 123456789
VAT: NL123456789B01
This address houses our main office. Purchases, visits, or transactions are not possible at this location.
Should the activity of the trader be subject to a relevant licensing system, the data of the supervising authority can be provided upon request.
Article 3 – Applicability
These general terms and conditions apply to every offer made by a trader and to every distance contract that has been concluded between a trader and a consumer.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
Article 4 – The Offer
If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered.
Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
If there is a contract, the trader is not bound by obvious errors or genuine and honest price mistakes that a consumer should have noticed.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Article 11 – The Price
During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT tariffs.
Contrary to the previous paragraph, CannaExotic may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this possibility with fluctuations and the fact that any prices mentioned are recommended prices.
Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
Price increases more than 3 months after the contract was concluded are only permitted if CannaExotic stipulated as much and:
- They are the result of statutory regulations or stipulations; or
- The consumer is authorized to terminate the contract on the day on which the price increase takes effect.
Prices stated in offers of products or services include VAT.
Depending on the value of the order or the delivery option or address you choose, delivery costs may also be charged. Such additional charges will be clearly shown during the checkout process and included in the “Total Cost.”
Depending on the country of the consumer, they may incur duties, taxes, or import fees in addition to the shipping fees, which only cover the transit cost of the product.
Article 12 – Contract Fulfilment and Extra Guarantee
CannaExotic guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability, and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed, CannaExotic also guarantees that the product is suited for other than normal designation.
An extra guarantee arrangement offered by CannaExotic, the manufacturer, or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if CannaExotic failed to fulfil its part in the contract.
An extra guarantee is defined as every commitment of a trader, his supplier, importer, or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that CannaExotic fails to fulfil its part in the contract.
Article 13 – Supply and Implementation
CannaExotic will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is deemed to be the address that the consumer makes known to the company.
If delivery to the consumer is not possible because the delivered goods do not fit through the front door, first door, or stairwell of the consumer or because the consumer cannot be found at the place of delivery specified by him, although the delivery time was given to the customer with a reasonable period of time, the consumer bears the costs for the unsuccessful delivery.
Delivery is on the terms set out in the delivery policy and incorporated into these conditions.
Taking into consideration what is stated in Article 4 of these general terms and conditions, CannaExotic will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
Following dissolution in accordance with the previous paragraph, CannaExotic refunds the consumer immediately the sum he had paid.
The risk of damage and/or loss of products rests upon CannaExotic up to the moment of delivery to the consumer or a representative previously designated by the consumer and announced to CannaExotic, unless this has explicitly been agreed otherwise.
Article 14 – Extended Duration Transactions: Duration, Termination, and Prolongation
Termination
The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a period of notice that does not exceed one month.
With respect to contracts as described in the first two paragraphs, the consumer can:
- Terminate them at all times and not be limited to termination at a specific time or during a specific period;
- Terminate them in the same way as they were concluded;
- Always terminate them subject to the same period of notice as that stipulated for CannaExotic.
Prolongation
A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month, and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
A fixed-term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.
Duration
If the fixed term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.
Article 15 – Payment
As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer received confirmation of the contract.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
The consumer is obliged to report immediately to CannaExotic any inaccuracies in payment data provided or stated.
If a consumer fails to fulfil his payment obligation(s) in good time, after CannaExotic has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed, and CannaExotic has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. CannaExotic can make departures from these sums and percentages that are favorable to the consumer.
Article 16 – Complaints Procedure
CannaExotic provides for a complaints procedure that has been given sufficient publicity and will deal with a complaint in accordance with this complaints procedure.
A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to CannaExotic without delay, in full and with clear descriptions.
A reply to complaints submitted to CannaExotic will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then CannaExotic will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
The consumer should give CannaExotic a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the dispute settlement scheme.