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Article 1 – Definitions
In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise:
Cannablast is a website of CBM Labs Europe BV
Established at: Schefferlaan 36, 6869TB Heveadorp
E-mail address: info@cannablast.eu
Chamber of Commerce number: 72787724
Article 2 – Applicability
These terms and conditions apply to every Offering from Cannablast and every agreement between Cannablast and a Buyer and to every product offered by Cannablast. The present terms and conditions also apply to all agreements with Cannablast, for the implementation of which third parties must be involved.
Before a (distance) agreement is concluded, the Buyer will be given these general terms and conditions. If this is not reasonably possible, Cannablast will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case have been published on the website(s) of Cannablast, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
In principle, it is not possible to deviate from these general terms and conditions. The applicability of any (other) general or (purchase) conditions of the Buyer is expressly rejected. Only the general terms and conditions of Cannablast apply to all assignments agreed with Cannablast. In exceptional situations, the general terms and conditions can be deviated from if this has been explicitly agreed in writing with Cannablast.
These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer.
If one or more provisions of these general terms and conditions are partially or wholly null and void, the other provisions of these general terms and conditions will remain in effect, and the null and void/annulled provision(s) will be replaced by a provision with the same purport as the original one. provision.
Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
Article 3 – The Offer
All offers made by Cannablast are without obligation, unless expressly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer. There is only question of a quotation if it has been laid down in writing.
The offers made by Cannablast are without obligation. Cannablast is only bound by the offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or if Cannablast sends an invoice based on what has been purchased by the Buyer and has been recorded in writing on the spot. Nevertheless, Cannablast has the right to refuse an agreement with a potential Buyer for a valid reason for Cannablast.
The offer contains a complete and accurate description of the product offered. The description is detailed enough to enable the Buyer to make a proper assessment of the offer. Obvious mistakes or errors in the offer cannot bind Cannablast. The images and specific information in the offer are only an indication and cannot be grounds for any compensation or the dissolution of the agreement (at a distance). Cannablast cannot guarantee that the colors in the image exactly match the real colors of the product.
Delivery times on the Cannablast website are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
A composite quotation does not oblige Cannablast to deliver part of the goods included in the offer or quotation against a corresponding part of the quoted price.
In principle, no offers are made. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the run-out principle as indicated in the offer.
Article 4 – Realization of the agreement
The agreement is concluded at the moment that the Buyer has accepted an offer from Cannablast by paying for the relevant product.
An Offer can be made by Cannablast via the webshop.
If the Buyer has accepted the Offer by entering into an agreement with Cannablast, Cannablast will confirm the agreement with the Buyer in writing by e-mail.
If the acceptance deviates (on minor points) from the offer included in the offer or invoice, Cannablast is not bound by it. The Buyer must pay the entire quotation or invoice, unless the Buyer can demonstrate that it has been agreed otherwise.
Cannablast is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
Agreements or agreements can only be entered into by authorized employees, employed or hired persons of Cannablast who are authorized to represent and who have a written power of attorney.
Article 5 – Execution of the agreement
Cannablast will perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
If and insofar as the proper execution of the agreement requires this, Cannablast has the right to have certain activities performed by third parties at its own discretion.
The Buyer shall ensure that all information, which Cannablast indicates is necessary or which the Buyer should reasonably understand to be necessary for the performance of the agreement, is provided to Cannablast in a timely manner. If the information required for the execution of the agreement has not been provided to Cannablast in time, Cannablast has the right to suspend the execution of the agreement and/or to charge the extra costs resulting from the delay to the buyer in accordance with the usual rates. .
Cannablast is not liable for damage of any nature whatsoever that has arisen because Cannablast relied on incorrect and/or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to Cannablast.
The Buyer indemnifies Cannablast against any claims from third parties who suffer damage in connection with the performance of the agreement and which is attributable to the Buyer.
Article 5 – Delivery
In principle, delivery takes place from the Supplier’s warehouse.
If the commencement, progress or delivery of the services is delayed because, for example, the Buyer has not provided all requested information or has not provided it on time, does not cooperate sufficiently, the (down) payment has not been received (on time) by Cannablast or due to other circumstances if any delay occurs beyond the control of Cannablast, Cannablast is entitled to a reasonable extension of the delivery/completion period. All agreed delivery/completion periods are never strict deadlines. The buyer must give Cannablast written notice of default and allow it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the resulting delay.
The buyer is obliged to take delivery of the goods at the time when they are made available to him in accordance with the agreement, even if they are offered to him earlier or later than agreed.
If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, Cannablast is entitled to store the goods at the expense and risk of the Buyer.
If Cannablast requires data from the Buyer in the context of the performance of the agreement, the delivery period will commence after the Buyer has made these available to Cannablast.
If Cannablast has specified a term for delivery, this is indicative. For delivery outside the Netherlands, longer delivery times apply than stated on the website. This period depends on the delivery time of the Supplier.
Cannablast is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery has no independent value. Cannablast is entitled to invoice the thus delivered separately.
The Buyer is responsible for the import and payment of VAT and any import duties of the products purchased by the Buyer.
Article 6 – Packaging and transport
Cannablast undertakes vis-à-vis the client to have the goods to be delivered properly packed by the Supplier and secured in such a way that they reach their destination in good condition under normal use.
Unless agreed otherwise in writing, all deliveries are made exclusive of turnover tax (VAT), exclusive of packaging and packaging material.
Accepting goods without comments on the consignment note/invoice is proof that the packaging was in good condition at the time of delivery.
The buyer is deemed to be in possession of any required import and/or payment permits. The absence or withdrawal of these permits does not release the Buyer from the obligation to take delivery of the goods in the agreed manner. If the goods are not sold cleared by Cannablast, a Buyer cannot derive the right to cancel the order. If the Buyer has to pay import duties, these costs will be entirely at the expense and risk of the Buyer. Nor can the right to cancel the order be derived from a change in any quality regulations and/or objections made by third parties against the goods on the grounds of patents, trademarks and other rights.
The risk of acts of war is always borne by the Buyer.
Article 7 – Investigation, complaints
The buyer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any event within fourteen days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to can assess whether he retains the product. In doing so, the Buyer must examine whether the quality and quantity of the delivered goods correspond to the agreement and whether the products meet the requirements that apply to them in normal (trade) traffic.
The buyer is obliged to investigate how the product should be used and, in case of personal use, to test the product in accordance with the instructions for use. Cannablast accepts no liability for the misuse of the product by Buyer, nor for incorrect advice given by Buyer to Buyer’s customers.
Any visible defects or shortcomings must be reported to Cannablast in writing after delivery at info@Cannablast.com. The buyer has a period of 14 days after delivery to do so. Invisible defects or shortages must be reported within one month after discovery, but no later than six months after delivery. In the event of damage to the product due to careless handling by the Buyer, the Buyer is personally liable for any reduction in value of the product.
If the Buyer wishes to return defective goods, this shall only be done with the prior written consent of Cannablast in the manner indicated by Cannablast. Return of goods is solely at the discretion of Cannablast.
If the Buyer uses his right of withdrawal, he will, if this is necessary in the opinion of Cannablast, return the product and all accessories, insofar as reasonably possible, in their original condition and packaging to Cannablast, in accordance with Cannablast’s return instructions.
Reimbursement will only take place if agreed in writing with Cannablast.
Refunds to the Buyer will be processed as soon as possible, but no later than 30 days after receipt of the return request. Repayment will be made to the previously specified account number.
If the Buyer exercises his right of complaint, he is not entitled to suspend his payment obligation or to set off outstanding invoices.
In the absence of a complete delivery, and/or if one or more products are missing, and this can be attributed to Cannablast, Cannablast will, at the request of the Buyer, send the missing product(s) via the Supplier or cancel the remaining order ( with a refund of the excess paid). The confirmation of receipt of the products is leading. Any damage suffered by the Buyer as a result of the deviating scope of the delivery cannot be recovered from Cannablast.
Complaints are not possible if the Buyer himself has ordered the wrong products or had wrong expectations of the product in question.
Article 8 – Prices
During the period of validity of the offer, the prices of the products offered will not be increased, except in the event that there are changes in VAT rates.
The prices stated in the offer are exclusive of VAT and other government levies, as well as shipping and any transport and packaging costs, unless expressly stated otherwise.
The prices as stated in the offer are based on the cost factors applicable at the time of concluding the agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any positive and negative differences at the time of arrival, disembarkation or delivery will be credited or debited to the Buyer.
In the case of products for which there are price fluctuations on the financial market and over which Cannablast has no influence, Cannablast can offer these products with variable prices. The offer states that the prices are target prices and may fluctuate.
Three months after the conclusion of the agreement, price increases can be applied by Cannablast at its own discretion. If price increases take place within these three months, this can only be the result of a statutory regulation.
Article 9 – Payment and collection policy
Payment must be made in advance by bank transfer. Objections to the amount of the invoices must be reported within 7 days after the invoice date, but do not suspend the payment obligation.
The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
The buyer must pay these costs at once, via the means of payment indicated on the webshop. Barring special circumstances, the Buyer can only agree on a further term in which the amount due must be paid after explicit and written permission from Cannablast.
Cannablast has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest that has accrued and finally to reduce the principal sum and the accrued interest. Cannablast may, without being in default as a result, refuse an offer of payment if the buyer designates a different order for the allocation. Cannablast can refuse full repayment of the principal sum, if the accrued and current interest as well as the costs are not also paid.
If the Buyer does not fulfill his/her payment obligation, and not within the payment term of 14 days, the Buyer will first receive a written reminder before being in default, after which they will receive a reminder in which they will be informed about the consequences of the default.
From the date that the Buyer is in default, Cannablast will, without further notice of default, be entitled to statutory interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree on compensation for extrajudicial costs. collection costs of July 1, 2012.
If Cannablast has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Buyer.
Article 10 – Guarantee
Cannablast does not guarantee that the products comply with the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the agreement. Cannablast does not guarantee the existence of defects in the delivered goods, but Cannablast strives and will endeavor to deliver the delivered goods in accordance with the agreement. The actual shelf life of non-perishable products cannot be guaranteed.
The warranty mentioned above applies for the scope and for a period that corresponds to the manufacturer’s warranty. Cannablast is never responsible for the suitability of the products for each individual application by the Buyer and for (advice on) the use or application of the products.
All products offered by Cannablast bear a CE mark, as well as the name and address of the manufacturer.
If the goods to be delivered do not comply with these guarantees, Cannablast will, at the option of Cannablast, replace or arrange for repair the goods within a reasonable period of time after receipt thereof or, if return is not reasonably possible, written notification of the defect by the Buyer. . In the event of replacement, Buyer undertakes to return the replaced item to Cannablast and to transfer ownership to Cannablast if required by Cannablast for reimbursement.
The guarantee referred to in this respect does not apply if the defect has arisen as a result of injudicious or improper use or if, without written permission from Cannablast, the Buyer or third parties have made changes or attempted to make changes to the item or have used it for purposes for which the item is not intended or has been used under abnormal circumstances.
If the warranty provided by Cannablast concerns an item that was produced by a third party, the warranty is limited to the warranty provided for it by the manufacturer of the item.
Cannablast points out that certain products, including personal care products, have a limited use-by date, which is stated on the relevant product at all times. The buyer must take into account this shelf life within which the quality and safety of the product can be guaranteed in accordance with the manufacturer’s warranty.
In case of questions about the application of care products and the effect of certain ingredients, and their suitability for the Buyer, the Buyer can turn to Cannablast with questions in a general sense, or ask for specific advice from his own doctor or general practitioner.
Article 11 – Suspension and dissolution
Cannablast is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if the Buyer does not or not fully comply with the (payment) obligations under the agreement.
In addition, Cannablast is authorized to dissolve the agreement(s) existing between it and the Buyer, insofar as these have not yet been performed, without judicial agreement, if the Buyer does not timely or properly fulfill its obligations arising from any Cannablast concluded agreement.
Cannablast is also authorized to dissolve the agreement (or have it dissolved) without prior notice of default if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness or if other circumstances arise which are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
If the agreement is dissolved, the claims of Cannablast against the Buyer are immediately due and payable. If Cannablast suspends compliance with its obligations, it retains its claims under the law and the agreement.
Cannablast always reserves the right to claim compensation.
Article 12 – Limitation of Liability
If the performance of the agreement by Cannablast leads to liability of Cannablast towards the Buyer or third parties, that liability is limited to the costs charged by Cannablast in connection with the agreement. The liability is in any case limited to the maximum amount of damage paid out by the insurance company per situation.
Cannablast’s liability is furthermore limited to the free repair of a defective good or the replacement of that good – or a part thereof – at the discretion of Cannablast.
Cannablast is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss suffered, missed savings, damage due to business interruption and damage resulting from the use of products supplied by Cannablast.
Cannablast is not liable for damage that is or may be the result of any act or omission as a result of (inadequate and/or incorrect) information on the website(s) or linked websites.
Cannablast is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
Cannablast does not guarantee correct and complete transmission of the content of and by/on behalf of Cannablast e-mail, nor for the timely receipt thereof.
All claims of the Buyer due to shortcomings on the part of Cannablast lapse if they have not been reported in writing and with reasons to Cannablast within one year after the Buyer became aware or could reasonably have been aware of the facts on which it bases its claims.
Cannablast expressly disclaims all liabilities and claims of Buyers and third parties who have incurred (physical) damage through the use of the products. The products should only be used in accordance with the instructions for use and never exceed the daily amount. In the event of medication use, the Buyer must consult his general practitioner at all times.
Any advice given by Cannablast about the use of the products is only general and non-binding in nature. Each Buyer must assess on his own responsibility whether the product is suitable for him. In case of doubt, the Buyer’s doctor or general practitioner should be contacted for an assessment of the use in the specific case.
The personal care products as well as electrical appliances must be kept out of the reach of young children. In addition, the products must be stored in accordance with the instructions for use determined for each product. Cannablast recommends consulting an expert before using the external care products in case of pregnancy, lactation, medication use and in case of doubt about hypersensitivity to one of the ingredients.
Article 13 – Risk transfer
The risk of loss of or damage to the products that are the subject of the agreement passes to the Buyer at the moment the goods leave the warehouse of Cannablast. Even if the goods are placed under the control of the Buyer and/or third parties, the risk has passed to the Buyer.
Article 14 – Force majeure
Cannablast is not liable if it is unable to fulfill its obligations under the agreement as a result of a force majeure situation, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance that cannot be foreseen. due to its fault, and neither under the law, a legal act or generally accepted views.
Force majeure is in any case understood, but is not limited to what is understood in this regard by law and jurisprudence, (i) force majeure of suppliers of Cannablast, (ii) failure to properly fulfill obligations of suppliers, (iii) shortcomings of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at the company of Cannablast and (xi) other situations that, in the opinion of Cannablast, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
Cannablast has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Cannablast should have fulfilled its obligation.
Parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement, without any obligation to pay damages to the other party.
Insofar as Cannablast has already partially fulfilled its obligations under the agreement at the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Cannablast is entitled to to be invoiced separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
Article 15 – Intellectual Property Rights
All IP rights and copyrights of Cannablast are vested exclusively in Cannablast and are not transferred to Buyer and/or User.
The Buyer is prohibited from publishing and/or multiplying, changing or making available to third parties all documents subject to Cannablast’s IP rights and copyrights without the express prior written consent of Cannablast. If the Buyer wishes to make changes to goods delivered by Cannablast, Cannablast must explicitly agree to the intended changes.
The Buyer is prohibited from using the products on which the intellectual property rights of Cannablast rest other than as agreed in the agreement.
If the Buyer establishes an infringement of the intellectual property rights of Cannablast, or otherwise suspects a (possible) infringement of the IP rights and copyrights, the Buyer will inform Cannablast of this as soon as possible.
Article 16 – Privacy, data processing and security
Cannablast handles the (personal) data of the Buyer and Users of the website(s) with care and will only use them in accordance with the privacy statement. If requested, Cannablast will inform the person concerned about this. Questions about the processing of personal data and further information can be submitted by e-mail to info@Cannablast.com.
By placing an order using your email address, you agree to be added to our newsletter distribution list. We adhere strictly to anti-spam policies and regulations. You will have the option to unsubscribe from our newsletter at any time by following the link provided in each email.
If Cannablast is required to provide information security under the agreement, this security will meet the agreed specifications and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data and the associated costs. .
Article 78 – Complaints
If the Buyer is not satisfied with the service or products of Cannablast or otherwise has complaints about the purchase agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 2 weeks after the relevant reason that led to the complaint. Complaints can be reported via info@Cannablast.com with the subject “complaint”.
The complaint must be sufficiently substantiated and/or explained by the Buyer if Cannablast is to be able to handle the complaint.
Cannablast will respond substantively to the complaint as soon as possible, but no later than 5 working days after receipt of the complaint.
The parties will try to reach a solution together.
Article 18 – Applicable law
Dutch law applies to every agreement between Cannablast and the Buyer.
In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Cannablast is entitled to unilaterally adjust these general terms and conditions.
All disputes arising from or as a result of the agreement between Cannablast and the Buyer will be settled by the competent court in Breda (Netherlands), unless provisions of mandatory law lead to the jurisdiction of another court.
We do everything we can to keep your private information really private. When you order something from us, you naturally don’t want snoopers who run off with your personal data. You’re right.
We do ask for information from you, so that we can help you as best as possible. You can read below which data we request and what we use it for. You can also see what your rights are, who has access to your data and how long we store your data.