General conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply: Entrepreneur: the organization that offers products and/or services to consumers at a distance; Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur; Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication; Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same room at the same time; Reflection period: The period within which the consumer can make use of his right of withdrawal; Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period; Model withdrawal form: the European Model withdrawal form included in Appendix 1 of these terms and conditions; Day: calendar day; Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the entrepreneur

By HEMP V.O.F.

Branch address:
Oudevaart 71a
1749 CH Warmenhuizen
Phone number: 06-19509555
Availability: From Monday to Friday from 09:00 a.m. to 5:00 p.m.
Chamber of Commerce number: (in application)
VAT identification number: (in application)

Article 3 – Applicability.

These general terms and conditions apply to any offer by the entrepreneur and to any distance contract concluded between entrepreneur and consumer. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises and they will be sent free of charge as soon as possible at the consumer’s request. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular: the price including taxes; the possible costs of delivery; the way in which the agreement will be concluded and which actions are necessary for this; whether or not the right of withdrawal is applicable; the method of payment, delivery or performance of the agreement; the period for acceptance of the offer, or the period for the price to be maintained; the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate; if the agreement is archived after its conclusion, in what way it can be consulted by the consumer; the manner in which the consumer before the conclusion of the agreement by him not wanted can get informed, as well as the manner in which he can rectify these before the conclusion of the agreement; any languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in case of an agreement that extends to continuous or periodic delivery of products or services.

Article 5 – The Agreement

The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer’s acceptance of the offer and fulfillment of the conditions set forth therein. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. Until the receipt of this acceptance is confirmed, the consumer can dissolve the agreement. If the agreement is established electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose. The entrepreneur can inform himself – within legal frameworks – whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons. The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier: a. the visiting address of the trader’s branch where the consumer can address complaints; b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal; c. the information on existing after-sales service and warranties; d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal on delivery of products

When purchasing products, consumers have the option of dissolving the agreement without giving reasons for 14 days. This period begins on the day after receipt of the product by or on behalf of the consumer. During this period, the consumer will handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. The premise here is that the consumer may only use and inspect the product as he would be permitted to do in a store. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 – Exercise of the right of withdrawal by consumer and costs thereof

If the consumer exercises his Right of Withdrawal, he shall notify the entrepreneur within the withdrawal period by sending the Model withdrawal form (Appendix 1) or in another unambiguous manner. The consumer returns the product, with all delivered accessories, within 14 days of dissolution. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the consumer.

If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

The consumer is only liable for depreciation of the product due to use of the product beyond what is necessary to assess the nature, characteristics and functioning of the product. The premise here is that the consumer may only use and inspect the product as he would be permitted to do in a store.

Article 8 – Obligations of entrepreneur in the event of withdrawal

If the consumer notifies within 14 days after receiving the products that he wants to use the right of withdrawal, the entrepreneur will refund all payments made by the consumer within 14 days after the notification. The entrepreneur will use the same means of payment as the consumer used for reimbursement, unless the consumer agrees to a different method of payment. The refund is free of charge to the consumer. If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 9 – Exclusion of right of withdrawal.

If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with consumer specifications; b. that are clearly personal in nature; c. which by their nature cannot be returned; d. that may spoil or age quickly; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for single newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period; b. whose delivery began with the consumer’s express consent before the cooling-off period expired; c. concerning betting and lotteries.

Article 10 – The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer. Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: a. these are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement by the day the price increase takes effect. The prices mentioned in the offer of products or services include VAT.

Article 11 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and / or the remote agreement.

Article 12 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has made known to the company. Subject to what is stated in this regard in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than one month after the order was placed. In this case, the consumer has the right to dissolve the contract without cost and the right to possible damages. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, clear and understandable notice will be given that a replacement item is being delivered. Replacement items cannot exclude the right of withdrawal. The cost of return shipping shall be borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 13 – Duration transactions

The consumer may terminate a contract entered into for an indefinite period of time at any time, subject to agreed termination rules and a notice period not exceeding one month. An agreement entered into for a fixed term has a maximum term of two years. If it has been agreed that in the event of the consumer’s silence, the distance contract will be renewed, the contract will continue as an open-ended contract and the notice period after continuation of the contract will not exceed one month.

Article 14 – Payment

The product must be paid in advance by credit card, iDEAL, Maestro, PayPal, Credit Card, PayPal, Bancontact, Giropay, EPS or Checks. The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur. In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 15 – Complaints procedure

The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the operator will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.

Article 16 – Disputes.

Purchase agreements concluded between the consumer and entrepreneur to which these general terms and conditions relate are exclusively governed by Dutch law. If the complaint cannot be resolved by mutual agreement, then the Dutch court, on Dutch soil is competent to take cognizance of the dispute.

Article 17 Additional or different provisions

Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 18 – Modification of the general conditions

Amendments to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail. PK Benelux BV cannot accept any liability for the consequences of typesetting, typing and/or programming or program errors.

Article 19 – USA/Canada

Unfortunately, it is currently not possible for us to deliver to America and Canada. We apologize for the inconvenience.
Unfortunately it is currently not possible to ship to America and Canada. Our apologies for the inconvenience.

Article 20 – Packaging and shipping

All packaging of by HEMP is sealed by sealing on the jar, tube or blister and contains a THT (best before date) and batch number. A jar(s), bottle, tube or a blister may be packaged in an outer box. A medical device, dietary supplement and/or drug are provided with package insert.

Any questions can always be contacted at klantenservice@byhemp.nl

Appendix 1: Model withdrawal form

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)

To:

By HEMP Distribution South Limburg

The Stigt 2
6333 DJ Schimmert

– I hereby notify you, that I revoke our agreement regarding the sale of the following products: [aanduiding product/bestelnummer]* revoke.

– Ordered on*/received on* [datum ontvangst bij producten]

– [Naam consumenten]

– [Adres consument]

– [Handtekening consument] (only if this form is submitted on paper)

* Cross out what does not apply or fill in what is applicable.