Article 12- Length transactions: duration, termination and extension
Article 13- Payments
Article 14- Complaints
Article 15- Disputes
Article 16- Additional and Different Provisions
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
the natural person not dealing on behalf of a company or profession
and who comes to a distance agreement with the entrepreneur.
Day: calendar day
length transaction: a distance agreement related to a series of
products and services of which the delivery obligation and the
purchasing are spread over a period of time.
Durable Medium: any
instrument which enables the recipient or the entrepreneur to store
information addressed personally to them in a way accessible to future
reference for a period of time adequate to the purpose of the
information and which allows the unchanged reproduction of the
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
form: the model withdrawal form that the entrepreneur provides that a
consumer can fill in when he wants to make use of his right of
Entrepreneur: the natural person or corporation who offers distance products to consumers.
Agreement: an agreement based on a corporate organized system of
distance sales of products and services including the closing of an
agreement using one or more techniques of distant communication.
of distant Communication: a means that can be used to close an
agreement without the consumer and the entrepreneur have gathered
together in the same place and at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2- Corporate Identity/Entrepreneur
Hennep & Zo (Dutch Hemp Store is part of) Kapelstraat 6 1404HX Bussum the Netherlands E-mail:
firstname.lastname@example.org CoC: 61968633 VAT: 130934744B01
Article 3- Relevance
general conditions/terms apply to any offer of the entrepreneur and to
every finalized distance agreement between entrepreneur and consumer.
the distance agreement is concluded, the text of the general
conditions/terms is being made available to the consumer. If this is
reasonably not possible that before the distance agreement is concluded,
it will be indicated that the general conditions/terms can be seen at
the entrepreneur and on request of the consumer these general
conditions/terms shall be sent to the consumer as soon as possible
without extra costs.
If the distance agreement is concluded
electronically, notwithstanding the previous article and before the
distance agreement is concluded, the text of the general
conditions/terms can be made available electronically to the consumer in
such a way that the text can be saved in a simple way on a durable
medium. If this is reasonably not possible that before the distance
agreement is concluded it will be indicated where the consumer can find
the general conditions/terms electronically and that these
conditions/terms at the consumer’s request will be sent electronically
or otherwise to the consumer without extra cost.
For the case
that besides these general conditions/terms, specific product and
service conditions are also applicable, the second and third article are
mutatis and in case of conflicting conditions/terms the consumer can
appeal on the relevant conditions/terms which are the most favorable
for the consumer.
If one or more provisions in these general
terms and conditions at any time in whole or in part are null and void
or destroyed, then the agreement and these conditions remain valid and
the stipulation in question will be replaced without delay by a
provision that the scope of the original approached as much as possible.
Situations that are not regulated in these general conditions must be assessed 'in the spirit' of these general conditions.
of clarity about the explanation or content of one or more provisions
of our terms and conditions, should be explained 'in the spirit' of
these general conditions.
Article 4- Offer
If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
offer contains a complete and accurate description of the offered
products and services. The description is sufficiently detailed to
enable a proper consumer’s assessment of the products/services. The
images used by the entrepreneur are true representations of the products
and services. Obvious mistakes and errors do not bind the entrepreneur.
images, specifications and data in the offer are indicative and can not
be a reason for compensation or dissolution of the agreement.
with products are a true reflection of the products offered.
Entrepreneur can not guarantee that the displayed colors exactly match
the real colors of the products.
Each offer contains such
information that it is clear for the consumer which rights and
obligations are related to the offer when it is accepted by the
consumer. This concerns in particular: price inclusive taxes possible costs of delivery the manner in which the agreement has been concluded and the necessary signatures whether to apply the right of withdrawal the method of payment, delivery and performance of the contract the deadline for accepting the offer or the period within which the entrepreneur guarantees the price the
level of the rate for distance communication if the costs for the usage
of the technology for distance communication are calculated on another
ground than the regular fare for communication if the agreement after the conclusion is archived and if so how to consult it for the consumer the
manner in which the consumer, before concluding the agreement, can
check and if necessary also restore the information provided by hem
under the agreement any other languages, including Dutch, for the agreement the
codes of conduct to which the entrepreneur is subject and the manner in
which the consumer can consult electronically the codes of conduct; and the minimum duration of the distance agreement in the event of a length transaction.
Article 5- The Agreement
agreement is finalized, subject to the provisions in paragraph 4, at
the moment the consumer accepts the offer and meets the conditions.
the consumer has accepted electronically the offer, the entrepreneur
immediately confirms electronically that he has received the acceptance
of the offer. As long as the entrepreneur has not confirmed the
acceptance, the consumer can terminate the agreement.
agreement is concluded electronically, the entrepreneur will take
appropriate technical and organizational measures to protect the
electronic data transfer and that he will ensure a safe web environment.
If the consumer can pay electronically, the entrepreneur will observe
the necessary security measures.
The entrepreneur can notify or
check, within the legal framework, if the consumer can meet the payment
obligations, and also check all important facts and factors which are
needed to finalize a sound distance agreement. If the entrepreneur based
on research, has good reasons not to conclude the agreement then he is
entitled to motivate and to refuse an order/ request or he can connect
special conditions to the execution of the offer.
entrepreneur shall send the following information with the products or
services, written or in such a manner that the consumer can store in an
accessible way the data on a durable medium: a. The address of the company for the consumer to file complaints b.
The conditions and the way how the consumer can execute the right of
withdrawal and a clear indication related to the exclusion of the right
of withdrawal. c. Information about after sales guarantees and services d. Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement. e.
The requirements for termination of the agreement if the agreement has a
duration of one year or more or of if it has an indefinite duration.
In case of a length transaction the previous clause e. is only applicable for the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6- Right of Withdrawal
Deliverance of products:
purchasing products the consumer has the possibility to disband the
agreement without giving reasons during 14 days. The cooling off period
starts on the day after the consumer receives the product or a
pre-designated representative by the consumer made known to the
During the cooling off period the consumer shall
treat the product and the package carefully. He shall unpack or use the
product only to that extent to as far as it is necessary to judge if he
wishes to keep the product. If he does want to execute the right of
withdrawal, he shall return the product with all accessories and -if
reasonably possible- in the original conditioning and packaging to the
entrepreneur, in accordance with the provided reasonable and clear
instructions of the entrepreneur.
If the consumer wishes to make
use of his right of withdrawal, he is obliged to make this known to the
entrepreneur within 14 days of receipt of the product. The consumer
must make this known by means of the model form. After the consumer has
made it known that he wishes to make use of his right of withdrawal, the
customer must return the product within 14 days. The consumer must
prove that the delivered goods have been returned in time, for example
by means of a proof of shipment.
If the customer has not made
known his / her right of withdrawal or his / her right of withdrawal
after expiry of the terms mentioned in paragraphs 2 and 3. the product
has not been returned to the entrepreneur, the sale is a fact. Deliverance of Services:
the deliverance of services the consumer has the possibility to disband
the agreement without giving reasons during at least 14 days,
commencing on the day of the entering into the agreement.
order to execute the right of withdrawal, the consumer must abide by the
reasonable and clear instructions provided by the entrepreneur at the
offer or finally at the deliverance of the service.
Article 7- Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
the consumer has made a payment, the entrepreneur shall pay back this
amount as soon as possible but no later than within 14 days after the
repeal or after the return shipment.
In the event of damage to
the product due to careless handling by the consumer himself, the
consumer is liable for any reduction in the value of the product.
consumer can not be held liable for the depreciation of the product if
the entrepreneur does not provide all legally required information about
the right of withdrawal, this must be done before the conclusion of the
Article 8- Exclusion Right of Withdrawal
entrepreneur can exclude the right of withdrawal of the consumer for as
far as foreseen in paragraph 2 and 3. The exclusion of the right of
withdrawal applies only if the entrepreneur has clearly mentioned this
at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products: a. Which are established by the entrepreneur according to specifications of the consumer b. That they are clearly personal in nature c. Which cannot be returned because of their nature d. That can spoil or age quickly e. Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence f. Individual 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 the following services: a. Concerning lodging, transport, restaurants or to spend leisure on a certain date or during a certain period. b. Whose delivery has begun with the express consent of the consumer before the consideration period has expired. c. Concerning betting and lotteries
Article 9- Pricing
the validity period mentioned in the offer, the prices of the offered
products and services shall not be raised save for price changes due to
changing VAT rates.
Notwithstanding the previous paragraph the
entrepreneur can offer products and services with variable prices when
these prices are subject to fluctuations on the financial market and
where the entrepreneur has no influence. This bondage to fluctuations
and the fact that the mentioned prices are target prices will be
mentioned with the offer.
Price increases within 3 months after
the conclusion of the agreement are only permitted only if they are the
result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and: a. These are the result of legal regulations or provisions; or b. The consumer has the competence to terminate the agreement from the day the price increase takes effect.
The in the offer mentioned prices include VAT.
prices are subject to printing and typing errors. No liability is
accepted for the consequences of printing and typing errors. In the case
of printing and typing errors, the entrepreneur is not obliged to
deliver the product at the wrong price.
Article 10- Conformity and Guarantees
entrepreneur ensures that the products and services measure up to the
agreement, ensures the in the offer mentioned specifications, ensures
reasonable requirements, soundness and or usefulness and ensures on the
date of the establishment the existing legal provisions and/or
government regulations. If agreed the entrepreneur also ensures that the
product is suitable for other than normal use.
provided by the entrepreneur, manufacturer or importer does nothing to
alter the rights and claims which the consumer under the agreement can
put forward against the entrepreneur.
Any defects or incorrectly
delivered products must be reported to the entrepreneur in writing
within 4 weeks after delivery. Return of the products must be in the
original packaging and in new condition.
The warranty period of
the entrepreneur corresponds to the manufacturer's warranty period.
However, the entrepreneur is never responsible for the ultimate
suitability of the products for each individual application by the
consumer, nor for any advice regarding the use or application of the
The guarantee does not apply if: The consumer has
repaired and / or processed the delivered products himself or has them
repaired and / or processed by third parties; The delivered products
are exposed to abnormal circumstances or otherwise careless handling or
contrary to the instructions of the entrepreneur and / or on the
packaging are treated; The inadequacy in whole or in part is the
result of regulations that the government has made or will make
regarding the nature or the quality of the materials used.
Article 11- Delivery and Execution
entrepreneur shall observe in utmost care the reception and execution
of orders of products and when assessing applications for services.
The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
into account what is stated in article 4 of the general
conditions/terms , the entrepreneur shall execute the accepted orders
expeditiously but not later than within 30 days unless a longer period
has been agreed. If the delivery is delayed or if a delivery cannot or
partially be executed, the consumer is notified about this no later than
30 days after he placed the order. In that case the consumer has the
right to terminate the agreement without any further cost and he is
entitled to compensation.
All delivery dates are indicative. The
consumer can not derive any rights from any periods mentioned.
Exceeding a deadline does not entitle the consumer to compensation.
the event of termination in accordance with the previous paragraph the
entrepreneur shall pay back the amount that the consumer has paid as
soon as possible but no later than 14 days after the termination.
the delivery of an ordered product appears to be impossible, the
entrepreneur shall strive to make available a replacement product. At
least before the delivery it will be mentioned in a clear and
understandable manner that a replacement product will be delivered. The
right of withdrawal cannot be ruled out with regard to replacement
products. The costs of a possible return shipment come at the expense of
The risk of damage and/or loss of products
rest with the entrepreneur until the moment of delivery at the consumer
or a pre-designated and an announced representative to the entrepreneur,
unless otherwise expressly agreed.
Article 12- Length transactions: duration, termination and extension
consumer can terminate at any time an agreement which has been entered
for an indefinite period and which extends to regular delivery of
products (electricity included) and services respecting the applicable
termination rules of a notice of not more than one month.
consumer can terminate at any time an agreement entered for a definite
period and which extends to regular delivery of products (electricity
included) or service at the end of the definite period respecting the
applicable termination rues of a notice of not more than one month. 3. The consumer can in the agreements in the previous mentioned paragraph: at all times terminate with no restrictions to terminate at a certain time or during a certain period at least terminate in the same manner as they are entered into by him at all times terminate with the same notice as the entrepreneur has obtained for himself.
agreement which has been entered for a definite time and which extends
to a regular delivery of products (including electricity) or services
may not automatically be extended or renewed for a fixed duration.
the previous paragraph an agreement which has been entered for a
definite time and which extends to a regular delivery of daily
newspapers, weeklies and magazines may be extended automatically for a
specified duration of three months. If the consumer can terminate this
extended agreement at the end of the extension period with a notice of
An agreement which has been entered for a definite
time and which extends to a regular delivery of products and services,
may only be automatically extended for an indefinite period if the
consumer at any time terminate with a notice period of no more than one
month and a notice period of no more than three months if the in case
the agreement extends to a regular delivery, but less than one time per
month, of daily newspapers, weeklies and magazines.
which has been entered for a definite time and which extends to a
regular delivery of daily newspapers, weeklies and magazines (trial and
introductory subscription) will not be automatically be extended and
terminates automatically at the end of the trial or introductory period.
an agreement has a duration period of more than one year, the consumer
may after one year terminate at any time with a notice period of not
more than one month unless reasonableness and fairness are opposed
against termination before the end of the agreed duration.
otherwise agreed, the amounts due have to be met by the consumer within
7 days after entering the cooling off period referred to article 6,
paragraph 1. In case of an agreement to provide a service the cooling
off period starts after the consumer has received the confirmation of
The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
case of default by the consumer the entrepreneur has, subject to legal
restrictions, the right to charge the reasonable costs which are made
known to the consumer in advance.
Article 14- Complaints
entrepreneur features a sufficiently publicized complaints procedure
and handles the complaint according to this complaints procedure.
about the execution of the agreement must be described fully and
clearly within reasonable time submitted to the entrepreneur after the
consumer has observed the defects.
The complaints submitted to
the entrepreneur will be answered within a period of 14 days from the
day of receipt. If a complaint has a foreseeable longer processing time,
the entrepreneur will answer within 14 days an acknowledgement and an
indication when the consumer will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
In the event of complaints, a consumer must first turn to the entrepreneur.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
a complaint is found to be well-founded by the trader, the trader will
replace or repair the products at its option or the delivered products
free of charge.
Article 15- Disputes
law exclusively applies to agreements between entrepreneur and consumer
whereupon these general conditions/terms are related to. Even if the
consumer lives abroad.
The Vienna Sales Convention does not apply.
Article 16- Additional and Different Provisions
or different provisions compared to the General conditions/terms may
not be to the prejudice of the consumer and should be recorded in
writing in such a manner that the consumer can save these in an
accessible way on a durable medium.