Please read the following carefully:

When using this website "www.hempcare.nl" and purchasing any products or services, you automatically agree to our Terms and Conditions.

By using this website and placing an order with hempcare, you certify that you are at least 18 years of age. This website, with all of its content, is intended for adults only.

All products on our website are legal in the Netherlands. We cannot provide any information on the legal status of any product in another country. You accept the responsibility to inform yourself about your local laws, import and custom regulations before ordering and confirm that importation to the country of the products ordered is legal. By placing an order with hempcare, you agree to accept all responsibilities regarding the legality of the products delivered to you.

hempcare makes no representation that the information and products on the website are available, appropriate or legal outside the Netherlands. Any information provided by hempcare, through this website, links to or from other websites or by its employees via telephone, email or any other transmission is purely for educational and informational purposes. It should never be construed as a recommendation to take any specific action. Use of the information for illegal activities is at your own risk. hempcare does not warrant that the information on the website is up-to-date and accurate.

You, as the customer, assume full responsibility for personal injury, damage, punitive action, lost profits or revenue, loss of use of the product or equipment and any loss of property that may result from the purchase, use or misuse of any product purchased from hempcare. hempcare, its owner(s), representatives and employees cannot be held liable for the actions of its customers.

hempcare does not encourage the illegal use of our products. We recommend that you consult a legal professional if you have any doubts.

Our products have no medical value. The products cannot be used as a medicine or as a substitute for medicines.

All illustrations such as photos, design, text and logos on this website are copyrighted. Any commercial use of this content is strictly prohibited without written permission from hempcare. All rights reserved.

Article 1. Definitions

In these general terms and conditions, the following terms, both plural and singular, are used in the following sense unless expressly stated otherwise:

hempcare: the company using these general conditions, as supplier of the goods.
buyer: the natural or legal person using the services of hempcare as well as any organization with which the purchaser is affiliated in a corporate or organizational sense.
goods: all products offered or supplied by hempcare, whether raw materials, semi-finished or finished products.

Article 2. Applicability

These general terms and conditions shall apply to all offers, quotations, agreements and deliveries of hempcare, of whatever nature, unless such applicability is expressly excluded in full or in part in writing or expressly agreed otherwise.
Any terms and conditions of the customer are expressly rejected. Deviations from and additions to these terms and conditions shall only apply if and insofar as they have been expressly accepted by hempcare in writing.
When hempcare has allowed deviations from these general terms and conditions for a short or long period of time, tacitly or otherwise, this shall not affect its right to still demand direct and strict compliance with these terms and conditions. The Customer cannot derive any rights from the manner in which hempcare applies these Terms and Conditions.
These terms and conditions also apply to all agreements with hempcare, for the execution of which third parties must be involved. Such third parties may rely directly on these terms and conditions against the Purchaser, including any exclusions or limitations of liability.
Should one or more of the provisions of these General Terms and Conditions or any other agreement with hempcare be in conflict with a mandatory provision of law or any applicable legal regulation, this shall have no effect whatsoever on the validity of all other provisions of these General Terms and Conditions or the underlying agreement and the provision in question shall lapse and be replaced by a new, legally permissible and comparable provision to be determined by hempcare.
hempcare reserves the right to change these terms and conditions at any time. The last filed version or the version valid at the time the agreement was made shall always apply.
In case of conflict between the contents of an agreement entered into between the customer and hempcare and these terms and conditions, the contents of the agreement shall prevail.

Article 3. Offers and quotations

All hempcare offers and quotations are revocable and made without obligation, unless otherwise indicated in writing.
The customer guarantees the accuracy and completeness of the specifications and other data provided by or on behalf of him to hempcare on which hempcare bases its offer.
Obvious errors or mistakes in hempcare's offer shall not bind hempcare.
A composite quotation does not oblige hempcare to perform part of the order at a corresponding portion of the quoted price.
The prices in hempcare's offers and quotations are exclusive of VAT and other government levies, unless otherwise indicated.

Article 4. Establishment of the agreement.

Subject to the provisions below, an agreement with hempcare shall only be established after (1) hempcare confirms an offer or order from the customer in writing; (2) at the time that hempcare begins executing the agreement; or (3) at the time that hempcare sends an invoice to the customer for the agreement in question. A confirmation given by hempcare shall be deemed to accurately and completely reflect the agreement, unless the Customer immediately protests this in writing.
The content of the agreement is determined solely by the description given in the quotation and confirmation.
Any subsequent additional agreements or changes made shall bind hempcare only if confirmed by hempcare in writing within fourteen (14) days and the Purchaser has not protested them in writing within three (3) working days.
For agreements for which by their nature and scope no written quotation or confirmation is sent, the invoice shall be deemed to reflect the agreement accurately and completely, unless objected to in writing within seven (7) working days from the invoice date.
Every agreement is entered into by hempcare under the suspensive condition that hempcare is authorized to check the creditworthiness of the customer, in connection with the monetary fulfillment of the agreement. Should hempcare deem, on reasonable grounds, that the Customer is not (sufficiently) creditworthy, hempcare shall have the right to temporarily suspend its obligations. If such a suspension occurs, hempcare shall notify the Customer immediately in writing and offer the Customer the opportunity to provide security.

Article 5. Delivery

Unless otherwise agreed in writing, delivery shall take place from the distribution location designated by hempcare. The goods to be delivered shall be for the account and risk of the Purchaser from the time they leave the distribution location.
Even if hempcare takes care of the transport of the goods, the provisions of paragraph 1 shall apply. Unless otherwise agreed, the method of transport shall be determined by hempcare. The Customer is obliged to take delivery of the goods at the agreed place and time of delivery and to unload them immediately.
From the moment the goods are for the account and risk of the Purchaser, the Purchaser shall ensure adequate insurance of the goods against all possible risks, such as - but not limited to - loss, theft, damage and/or destruction of the goods. Even in the event that hempcare and the Purchaser agree that hempcare shall arrange for transport insurance, the goods to be delivered shall be for the account and risk of the Purchaser from the time they leave the distribution location.
hempcare is entitled to deliver and invoice the goods in parts.
The goods are also for the account and risk of the Purchaser from the moment that (1) the date of actual delivery is postponed at the request or by the action of the Purchaser, (2) the Purchaser requests deliveries by installments and/or goods are not picked up, starting from the moment that these goods are identified in the administration and/or storage area of hempcare as 'goods of the Purchaser'. The costs of (additional) transportation, storage, insurance and or other additional costs shall be borne by the Purchaser.
Unless expressly agreed otherwise, export and import responsibilities (including customs) shall be borne by the buyer and the buyer shall be responsible for payment of any taxes, duties and charges.

Article 6. Transportation and packaging

In connection with the provisions of the previous article, transport damage shall be at the expense and risk of the Customer.
hempcare is not obliged to insure the goods to be delivered to the customer against the risks of transport damage, unless otherwise agreed upon at the conclusion of the agreement.
If hempcare uses returnable packaging, the Purchaser shall be required to pay a deposit as security for the return of the returnable packaging. The amount of the deposit is determined by hempcare and will be accounted for as such on hempcare's invoice and bill of lading. Insofar as returnable packaging is not used, the packaging is included in the sales price, unless otherwise agreed. Packaging, other than returnable packaging, will not be taken back.
Packaging shall be in the normal packaging used by hempcare. hempcare is not obliged to use non-standard packaging. If hempcare uses different packaging and/or brands at the request of the customer, the associated risks and (additional) costs shall be borne by the customer.
Deposits for returnable packaging will only be paid to the Purchaser by hempcare if the returnable packaging is empty, undamaged and (if applicable) properly sorted.

Article 7. Warranty

hempcare guarantees that the goods comply with the agreement and the specifications stated in the offer.
hempcare makes no guarantees as to the suitability of its goods for the use intended by the Purchaser, unless specifically agreed otherwise.

Article 8. Complaints

Upon delivery, the Customer must examine whether the goods meet the agreement. If the goods do not comply with the agreement, the customer can no longer appeal to this if he has not informed hempcare in writing, stating reasons, within five (5) working days after delivery. The right of complaint shall furthermore lapse if (1) the Purchaser does not cooperate sufficiently with hempcare's investigation of the merits of a submitted complaint or (2) the goods have been processed and/or treated.
Changes in technical insights in the industry and/or government regulations are at the buyer's risk. Minor or technically unavoidable deviations in quality, quantity, dimensions, color, size, etc. do not constitute grounds for complaints.
Return shipments will be accepted only after prior written approval from hempcare. The costs and risks associated with return shipments are at the Purchaser's risk.
If delivered goods are defective and all aforementioned procedural requirements have been observed, hempcare shall either replace the defective goods with non-faulty goods or credit the Buyer with the amount corresponding to the complaint, at hempcare's sole discretion. Hempcare shall not be liable for any damage suffered by the Buyer in respect of defective goods.
Reliance by the Customer on this article shall not entitle the Customer to suspend its payment obligation or to set off.

Article 9. Payment

Payment by the Purchaser of amounts due to hempcare shall be made, without the Purchaser being entitled to any deduction, discount, suspension or setoff, within 14 days of the invoice date, unless otherwise agreed. The day of payment shall be the day the amount due is credited to hempcare's account.
If the Buyer has not paid within the period mentioned in the first paragraph, the Buyer shall be in default by operation of law and hempcare shall be entitled to charge a cumulative interest of one percent (1%) per month from that time. Furthermore, hempcare shall be entitled to charge administrative costs with a minimum of €75 (excluding VAT).
If the Customer has not paid within the period mentioned in the first paragraph, the Customer shall be obliged to reimburse all judicial and extrajudicial (collection) costs actually incurred by hempcare. Reimbursement of the costs incurred shall not be limited to any cost order established by the court.
In the case of a jointly placed order, the buyers are jointly and severally liable for payment of the invoice amount, interest(s) and costs due.
If the financial position or payment record of the customer, in the opinion of hempcare, gives cause for this, or if the customer fails to pay an advance payment or an invoice within the specified payment period, hempcare shall be entitled to require the customer to immediately provide (additional) security in a form to be determined by hempcare. If the customer fails to provide the required security, hempcare shall be entitled, without prejudice to its other rights, to immediately suspend further implementation of the agreement, and all amounts due by the customer to hempcare for whatever reason shall become immediately due and payable.

Article 10. Retention of title

All goods delivered by hempcare, for which it was agreed that ownership would be transferred to the Customer, shall nevertheless remain the property of hempcare until such time as the Customer has completely fulfilled all his payment obligations to hempcare.
The payment obligations mentioned in the previous paragraph include: - all due and non-due payment obligations under any agreement to supply goods entered into with hempcare; and - all claims relating to failure to perform any agreement entered into with hempcare.
The Buyer shall owe hempcare, by way of compensation, a monetary amount equal to the economic damage suffered by hempcare as a result of the Buyer's non-fulfillment of any (financial) obligation to hempcare, which includes depreciation, whether or not due to obsolescence, of the goods delivered by hempcare.
hempcare shall be entitled to set off all amounts paid to it by the Purchaser, including advances and payments on cancelled agreements, against the compensation payable by the Purchaser to hempcare under this Article.
As long as ownership of the goods has not been transferred to the customer, the customer may not sell, pledge, transfer ownership as security to third parties or grant any other right to the goods, except within the normal course of his business. The customer is obliged to keep the goods delivered under retention of title with due care, insofar as they are not processed or sold within the normal course of his business. If the delivered goods are seized, the Purchaser shall notify hempcare immediately.
The provisions of this article are without prejudice to hempcare's rights to claim (additional) damages and to pursue (other) legal remedies.
The restrictions imposed on buyer in this article may be waived with hempcare's consent.

Article 11. Term

If a deadline/date is agreed between the customer and hempcare within which the delivery of goods should take place and the customer fails to: (a) make an advance payment - if agreed - or (b) make the necessary data available on time, completely, in the desired form and in the desired manner, the Customer and hempcare shall agree on a new deadline/date within which delivery shall take place.
Deadlines by which the delivery of goods must be completed are never to be regarded as deadlines.

Article 12. Liability

Hempcare's liability shall be limited to purely direct damage, which shall include only: a. The reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these General Terms and Conditions. b. Reasonable costs incurred to prevent or limit damage, insofar as the Purchaser demonstrates that these costs have resulted in limitation of the direct damage as referred to in these General Terms and Conditions.
hempcare shall never be liable for indirect damages, including consequential damages, lost profits, missed savings, damages due to business interruption, untimely or improper performance by hempcare, and damages resulting from (contractual) penalties, including penalties due to failure to meet any delivery or completion date.
hempcare is not liable for damage caused by the malfunctioning of equipment, software, data files, registers or other items used by hempcare in the execution of the order, none excepted, as well as for damage caused by computer viruses and by the interception of audio and/or data transmissions from telephone, fax, email or (other) data traffic
hempcare shall not be liable for fines and/or penalties imposed on the purchaser and damages resulting from ownership, delivery, storage, processing, handling or other contact with hemp products and derivatives thereof.
All rights of action and other powers against hempcare, for whatever reason, shall expire one year after the conclusion of the underlying agreement between the Customer and hempcare and furthermore if they have not been submitted to hempcare in writing and with reasons within one month after the time when the Customer was aware, or could reasonably be aware, of the facts on which he bases his rights and powers.
The customer shall indemnify hempcare and shall be obligated to indemnify hempcare for all claims of third parties directly or indirectly related to the goods delivered by hempcare and to reimburse hempcare for reasonable costs of defense against such claims.

Article 13. Force Majeure

In these General Terms and Conditions, force majeure includes, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, which are beyond hempcare's control, but as a result of which hempcare is unable to fulfill its obligations, including (but not limited to): I. force majeure of hempcare's suppliers; II. failure to properly fulfill obligations of suppliers prescribed to hempcare by the Customer; III. defectiveness of items, equipment, software or materials of third parties, the use of which has been prescribed to hempcare by the Customer; IV. government measures; V. power failure; VI. failure of internet, computer network or telecommunication facilities; VII. war, riots and riots; VIII. natural disasters, epidemics and disease in general; IX. labor occupation; X. strike, occupation and activist actions; XI. general transportation problems.
hempcare er also entitled to invoke force majeure if the circumstance preventing (further) fulfillment occurs after hempcare should have fulfilled its commitment.
During force majeure, hempcare's obligations shall be suspended. If the period in which fulfillment of the obligations by hempcare is not possible due to force majeure lasts longer than two (2) months, both parties shall be entitled to rescind the agreement without any obligation for compensation in that case.
If at the onset of force majeure hempcare has already partially fulfilled its obligations, or can only partially fulfill its obligations, it shall have the right to separately invoice the part already fulfilled or executable, as the case may be, and the Purchaser shall be obliged to pay this invoice as if it were a separate contract.

Article 14. Intellectual property

Without prejudice to the other provisions of these general terms and conditions, hempcare reserves the intellectual property rights to products developed and/or manufactured by it, the production processes and the know-how associated therewith.
All compositions, documents, advice, designs, prototypes and trial productions provided by hempcare are intended for internal use by the customer only and may not be reproduced, made public, or disclosed to third parties without the prior consent of hempcare.
The items referred to in the previous paragraph must be returned immediately upon hempcare's first request, without prejudice to other legal measures available to hempcare to safeguard its rights.
hempcare also reserves the right to use the knowledge gained by the execution of the delivery or development of goods to the customer for other purposes, to the extent that no confidential information of the customer is brought to the knowledge of third parties.
Finally, the Purchaser is bound to keep confidential all information received from hempcare which it knows or should know is confidential information. Article 15. Applicable law and choice of forum

Article 15. Applicable law and choice of forum

Dutch law shall apply to all agreements entered into and to be entered into by hempcare.
All disputes - including those regarded as such by only one of the parties - arising from an agreement to which these terms and conditions apply in whole or in part, or from other agreements resulting from such an agreement, shall be settled by the competent court in the district of hempcare's place of business, unless a mandatory provision of law dictates otherwise. This does not affect the fact that hempcare can agree with the customer to have the dispute settled through independent arbitration.

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