These Terms and Conditions will be used by all members of the CBD Point.
Hemp flowers: hemp products (i.e. hemp flowers) with cannabidiol (CBD) and a Tetrahydrocannabinol (THC) value that is less than or equal to <0,2% (in accordance with the legally permitted limit from the Royal Decree of 6 September 2017). This is sold by CBD Point along with other types of flower petals, herbs, and spices and is intended as a fragrance product / natural fragrance ingredient, for use as an air freshener or potpourri, i.e. a varied mixture of natural fragrant ingredients.
Customer: the natural or legal person who places an order with CBD Point. In case of the purchase of Hemp flowers, the Customer must be at least 18 years old and CBD Point reserves the right to carry out an identity card check.
Agreement: an agreement regarding the purchase or order of a good or service that is offered by CBD Point.
Article 1 - Definitions
In these terms and conditions shall apply:
- Entrepreneur: the natural or legal person who is a member of CBD Point and who offers products and / or services to consumers from a distance;
- Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
- Distance contract: an agreement where made in the context of a system organized by the Entrepreneur for distance sale of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room;
- Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the ability for the consumer to waive the distance contract within the cooling-off period;
- Day: calendar;
- Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
- Durable medium: any means that the consumer or business that enables information addressed personally to him to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
- Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
- In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
Article 4 - The offer
If an offer is of limited duration or subject to conditions, this will be explicitly 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 enable the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
- The price including taxes;
- the possible costs of delivery;
- The manner in which the agreement will be established and what action is required for this purpose;
- Whether or not it applies to the right of withdrawal;
- the method of payment, delivery or execution of the agreement;
- the period for accepting the offer or the period for adhering to the price;
- the level of the tariff for distance communication if the costs of using
- the technology for distance communication is calculated on a basis other than the basic rate;
- if the agreement is archived after the conclusion, how it can be consulted by the consumer;
- how the consumer before the conclusion of the contract not by him popular acts can get informed, and the way he can recover before the contract is concluded;
- any languages in which, in addition to Dutch, the agreement can be concluded; the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distance contract in case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 - The Agreement
- The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
- The entrepreneur will the product or service to the consumer the following information, in writing or in such a way that it can be stored on a durable medium, enclose the consumer in an accessible manner:
the visiting address of the business location of the entrepreneur where the consumer can go with complaints
The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
- information about existing after-sales service and guarantees;
- the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance
- of the agreement;
- The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration.
If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within fourteen days. This period starts 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 will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all 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 6b - Right of withdrawal upon delivery of services
When providing services, the consumer has the option to dissolve the agreement without giving any reason during fourteen days, starting on the day of entering into the agreement.
To exercise his right of withdrawal, the consumer focus to the information provided by the operator to supply and / or before the relevant provision reasonable and clear instructions.
Article 7 - Cost in case of revocation
- If the consumer exercises his right of withdrawal, the consumer will be responsible for the cost to return the goods.
- The entrepreneur will reimburse all payments received from the consumer, including, where applicable, the delivery costs, without delay and in any case within 14 days after the day on which it is informed of the consumer's decision to withdraw from the contract.
- The entrepreneur makes the repayment using the same payment method as that used by the consumer during the original transaction, unless the consumer has explicitly agreed to another payment method and on the understanding that the consumer may not incur any costs as a result of such repayment.
- The additional costs as a result of the explicit choice of the consumer to choose a different method of delivery than the cheapest standard delivery offered by the company, will not be reimbursed by the entrepreneur.
- Unless the company has offered to collect the goods itself, the company may, under sales contracts, withhold reimbursement until it has received all the goods back, or until the consumer has demonstrated that he has returned the goods to any time falls first.
Article 8 - 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 agreement.
Exclusion of the right of withdrawal is only possible for:
- service contracts after full performance of the service if the performance has begun with the consumer's explicit prior consent, and provided the consumer has acknowledged that he will lose his right of withdrawal as soon as the company has fully performed the contract;
- the supply or provision of goods or services whose price depends on fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period;
- the delivery of goods manufactured according to the consumer's specifications, or which are clearly intended for a specific person;
- the delivery of goods that spoil quickly or with a limited shelf life;
- the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
- the delivery of goods that by nature are irrevocably mixed with other products after delivery;
- the delivery of alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence;
- contracts in which the consumer has specifically requested the company to visit him for urgent repairs or maintenance; However, if during such a visit the company provides additional services that the consumer has not explicitly requested, or supplies goods other than spare parts that are necessary to carry out the maintenance or repairs, the right of withdrawal is applicable to those additional services or goods of application;
- the delivery of sealed audio and sealed video recordings and sealed computer software of which the seal has been broken after delivery;
- the delivery of newspapers, magazines or magazines, with the exception of contracts for a subscription to such publications;
agreements concluded during a public auction;
- the provision of accommodation other than for residential purposes, transport, car rental services, catering and leisure-related services, if a specific date or period of performance is provided for in the agreements;
- the delivery of digital content that is not supplied on a tangible medium, if the performance has started with the consumer's explicit prior consent and if the consumer has acknowledged that he will lose his right of withdrawal as a result;
the contracts for betting and lottery services.
Article 9 - The price
- During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
- Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
- Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
they are the result of legislation or regulations; whether
the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
- The supply of products or services mentioned prices include VAT.
Article 10 - Conformity and Warranty
The trader guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and and on the date of the conclusion of the agreement existing legal provisions / or government regulations.
An arrangement offered by the trader, manufacturer or importer as a guarantee does not affect the rights and claims that consumers entrepreneur can assert on the basis of the law and / in respect of a failure to fulfill the obligations of the employer against or the distance contract.
Article 11 - Delivery and execution
- The entrepeneur 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 the address that the consumer has informed to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement at no cost, to request an equivalent replacement product, or to obtain any compensation.
- In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than paid 30 days after repudiation.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
- The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 - Duration transactions
The consumer can cancel an agreement that has been concluded for an indefinite period of time at any time with due observance of the agreed termination rules and a notice period of at most one month.
A contract that has been entered into for a definite period has a maximum duration of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the contract will be continued as a contract for an indefinite period of time and the cancellation period after continuation of the contract will be a maximum of one month.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued.
When selling products to consumers, partial or full prepayment may be stipulated in general terms and conditions (during the withdrawal period).
When advance payment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints
The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
A complaint about a product, service or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the CBD Point website. www.cbdpoint.be The complaint will then be sent both to the relevant entrepreneur and to CBD Point.
If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
Article 15 - Disputes
Only Belgian law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 16 - Additional or derogatory provisions
Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner
Article 17 - Amendments to the CBD Point general terms and conditions
Changes to these terms and conditions are only effective after they have been published in the appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision that is most favorable to the consumer will prevail.
Article 18 - Identity theft and credit card fraud
To ensure the safety of your online visit, CBD Point only works with recognized security partners. Loss or theft of your identity data is thus reduced to a minimum. CBD Point believes it has taken all possible and relevant precautions and thus acts as a normal, forward-looking and careful online intermediary. Possible identity theft or (financial) theft can therefore not be invoked against CBD Point.
All CannaCans products are manufactured in the Netherlands by Aromed BV and are provided with the necessary G-standard and Skal certification.