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Terms and Conditions

Please read the following carefully:

By using this website “www.hempcare.nl” and any purchase of products or services, you automatically agree to our General Terms and Conditions.

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

All products on our website are legal in the Netherlands. We cannot provide any information about the legal status of a product in another country. You accept the responsibility to inform yourself about your local laws, import and custom regulations before ordering and confirm that the importation into the country of the products ordered is legal. By placing an order with hempcare you agree to all responsibilities regarding the legality of the products supplied 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, via this website, links to or from other websites or by its contributors by telephone, email or any other transmission is purely for educational and informational purposes. This should never be construed as a recommendation to take any specific action. Using the information for illegal activities is at your own risk. hempcare does not guarantee that the information on the website is up-to-date and accurate.

As a customer, you 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 hemp care. hempcare, the owner(s), representatives and employees cannot be held responsible for the actions of its customers.

hempcare does not encourage the illegal use of our products. We recommend that you consult a legal service provider 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 protected by copyright. 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 in the plural and in the singular, are used in the following sense, unless expressly indicated otherwise:

  1. hempcare : the company that makes use of these general terms and conditions, as supplier of the goods.
  2. customer : the natural or legal person who uses the services of hempcare as well as any organization with which the customer is affiliated in a corporate or organizational sense.
  3. goods : all products offered or delivered by hempcare, including raw materials, semi-finished products and end-products.

Article 2. Applicability

  1. The present general terms and conditions apply to all offers, quotations, agreements and deliveries of hempcare, of whatever nature, unless that applicability in whole or in parts has been expressly excluded in writing or explicitly agreed otherwise.
  2. Any conditions of the customer are expressly rejected. Deviations from and additions to these terms and conditions only apply if and insofar as they have been expressly accepted in writing by hempcare.
  3. If hempcare allows deviations from these general terms and conditions, whether tacitly or not, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these terms and conditions. The customer cannot derive any rights from the way in which hempcare applies these terms and conditions.
  4. The present conditions also apply to all agreements with hempcare, for the implementation of which third parties must be involved. These third parties can invoke the present conditions directly against the customer, including any exclusions or limitations of liability.
  5. If one or more of the provisions of these general terms and conditions or any other agreement with hempcare should be in conflict with a mandatory statutory provision or any applicable legal provision, this will not affect the validity of all other provisions of these general terms and conditions or the underlying agreement and the relevant provision will lapse and will be replaced by a new, legally permissible and comparable provision to be determined by hempcare.
  6. hempcare reserves the right to change these terms and conditions at any time. The most recently filed version or the version that applied at the time of the conclusion of the agreement is always applicable.
  7. In the event of a conflict between the content of an agreement concluded between the customer and hempcare and the present terms and conditions, the content of the agreement will prevail.

Article 3. Offers and quotations

  1. All offers and quotations from hempcare are revocable and are made without obligation, unless stated otherwise in writing.
  2. The customer guarantees the correctness and completeness of the specifications and other data provided by or on behalf of him to hempcare on which hempcare bases its offer.
  3. Obvious errors or clerical errors in the offer of hempcare does not bind hempcare.
  4. A composite quotation does not oblige hempcare to perform part of the assignment for a corresponding part of the stated price.
  5. The prices in hempcare’s offers and quotations are exclusive of VAT and other government levies, unless indicated otherwise.

Article 4. Conclusion of the agreement

  1. Subject to the provisions below, an agreement with hempcare is only concluded after (1) hempcare confirms an offer or order from the customer in writing; (2) at the time hempcare commences the performance of the agreement; or (3) at the moment that hempcare sends an invoice to the customer for the relevant agreement. A confirmation given by hempcare is deemed to represent the agreement correctly and completely, unless the customer protests against this immediately and in writing.
  2. The content of the agreement is solely determined by the description given in the quotation and confirmation.
  3. Any additional agreements or changes made later will only be binding on hempcare if they have been confirmed in writing by hempcare within fourteen (14) days and the customer has not protested in writing within three (3) working days.
  4. For agreements for which, due to the nature and scope, no written quotation or confirmation is sent, the invoice is deemed to represent the agreement correctly and completely, unless there is a written objection within seven (7) working days after the invoice date.
  5. Each 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 financial fulfillment of the agreement. If hempcare is of the opinion, on reasonable grounds, that the customer is not (sufficiently) creditworthy, then hempcare has the right to temporarily suspend its obligations. If there is such a suspension, hempcare will immediately inform the customer of this in writing and offer the customer the opportunity to provide security.

Article 5. Delivery

  1. Unless otherwise agreed in writing, delivery takes place from the distribution location designated by hempcare. The goods to be delivered are for the account and risk of the customer from the moment of leaving the distribution location.
  2. The provisions of paragraph 1 also apply if hempcare takes care of the transport of the goods. Unless otherwise agreed, the method of transport is determined by hempcare. The customer is obliged to take receipt of the goods at the agreed place and time of delivery and to unload them immediately.
  3. From the moment that the goods are at the expense and risk of the customer, the customer will ensure adequate insurance for the goods against all possible risks, such as – but not limited to – loss, theft, damage and/or destruction of the goods. Also in the event that hempcare and the customer agree that hempcare will arrange for transport insurance, the goods to be delivered are for the account and risk of the customer from the moment of leaving the distribution location.
  4. hempcare is entitled to deliver and invoice the goods in parts.
  5. The goods are also at the expense and risk of the customer from the moment that (1) the date of actual delivery is postponed at the request or through the actions of the customer, (2) the customer requests partial deliveries and/or the goods are not collected, with from the moment that these goods are identified in the administration and/or storage space of hempcare as ‘goods of the customer’. The costs of (extra) transport, storage, insurance and/or other extra costs are for the account of the customer.
  6. Unless expressly agreed otherwise, the export and import responsibilities (including customs) are for the account of the customer and the customer is responsible for payment of any taxes, duties and levies.

Article 6. Transport and packaging

  1. In connection with the provisions of the previous article, transport damage is for the account and risk of the customer.
  2. hempcare is not obliged to insure the goods to be delivered to the customer against the risks of transport damage, unless otherwise agreed upon when the agreement was concluded.
  3. If hempcare uses return packaging, the customer is obliged to pay a deposit as security for the return of the return packaging. The amount of the deposit is determined by hempcare and is accounted for as such on the invoice and waybill of hempcare. Insofar as return packaging is not used, the sales price includes packaging, unless otherwise agreed. The packaging, not being return packaging, will not be taken back.
  4. Packaging will be in the normal packaging used by hempcare. hempcare is not obliged to use different packaging. If hempcare uses different packaging and/or brands at the request of the customer, the associated risks and (additional) costs will be borne by the customer.
  5. A deposit for return packaging will only be paid to the customer by hempcare if the return packaging is empty, undamaged and (if applicable) properly sorted.

Article 7. Warranty

  1. hempcare guarantees that the goods comply with the agreement and the specifications stated in the offer.
  2. hempcare does not give any guarantees regarding the suitability of its goods for the use intended by the customer, unless specifically agreed otherwise.

Article 8. Complaints

  1. Upon delivery, the customer must examine whether the goods comply with the agreement. If the goods do not comply with the agreement, the customer can no longer invoke this if he has not notified hempcare of this in writing and with reasons within five (5) working days after delivery. The right of complaint also lapses if (1) the customer does not cooperate sufficiently with hempcare’s investigation into the validity of a submitted complaint or (2) the goods have been processed and/or processed.
  2. Changes to technical insights in the industry and/or government regulations are at the risk of the customer. Minor or technically unavoidable deviations in quality, quantity, dimensions, colour, size, etc. do not constitute grounds for complaint.
  3. Returns are only accepted after prior written approval from hempcare. The costs and risks associated with return shipments are at the risk of the customer.
  4. If the delivered goods are defective and all the aforementioned procedural regulations have been observed, hempcare will either replace the defective goods with non-defective goods, or credit the customer with the amount corresponding to the complaint, at the full discretion of hempcare. Hempcare is not liable for any damage suffered by the customer with regard to defective goods.
  5. An invocation of this article by the customer does not entitle him to suspension of his payment obligation or right to set-off.

Article 9. Payment

  1. Payment by the customer of the amounts owed to hempcare, without the customer being entitled to any deduction, discount, suspension or settlement, must be made within 14 days of the invoice date, unless otherwise agreed. The day of payment is the day of crediting the amount owed to the account of hempcare.
  2. If the customer has not paid within the term referred to in the first paragraph, the customer is legally in default and hempcare is entitled to charge a cumulative interest of one percent (1%) per month from that moment on. Furthermore, hempcare is entitled to charge administration costs with a minimum of €75 (excluding VAT).
  3. If the customer has not paid within the term referred to in the first paragraph, the customer is obliged to reimburse all judicial and extrajudicial (collection) costs actually incurred by hempcare. Reimbursement of the costs incurred is not limited to any costs ordered by the court.
  4. In the event of a joint assignment, the buyers are jointly and severally liable for the payment of the invoice amount, the interest(s) and costs owed.
  5. If, in the opinion of hempcare, the financial position or payment behavior of the customer gives rise to this, or if the customer fails to pay an advance or an invoice within the payment term set for this, hempcare is entitled to require the customer to immediately (additional ) provides security in a form to be determined by hempcare. If the customer fails to provide the required security, hempcare is entitled, without prejudice to its other rights, to immediately suspend the further performance of the agreement and everything that the customer owes hempcare for whatever reason is immediately due and payable.

Article 10. Retention of title

  1. All goods delivered by hempcare, of which it has been agreed that ownership will be transferred to the customer, nevertheless remain the property of hempcare, until the customer has fully complied with all its payment obligations towards hempcare.
  2. The payment obligations mentioned in the previous paragraph include: – all payment obligations due and payable under any agreement concluded with hempcare for the delivery of goods; and – all claims with regard to failure to comply with any agreement concluded with hempcare.
  3. The customer owes hempcare, by virtue of compensation, an amount in money equal to the economic loss suffered by hempcare as a result of the customer’s failure to fulfill any (financial) obligation towards hempcare, including depreciation, whether or not as a due to obsolescence of the goods delivered by hempcare.
  4. hempcare is entitled to set off all amounts paid to it by the customer, including advances and payments on dissolved agreements, against the compensation owed by the customer to hempcare pursuant to this article.
  5. As long as the ownership of the goods has not passed to the customer, the latter may not sell, pledge or transfer ownership of the goods to third parties as security, except within the normal course of its business. The buyer is obliged to store the goods delivered under retention of title with due care, insofar as they have not been processed or sold within the normal course of his business. If the delivered goods are seized, the customer will immediately notify hempcare.
  6. The provisions of this article are without prejudice to the rights of hempcare to claim (additional) compensation and to institute (other) legal remedies.
  7. The restrictions imposed on the customer in this article can be deviated from with permission from hempcare.

Article 11. Term

  1. If a term/date has been agreed between the customer and hempcare within which the delivery of goods must take place and the customer fails to: (a) make an advance payment – ​​if agreed – or (b) provide the necessary information in a timely manner, in full, in the desired form and in the desired manner, the customer and hempcare will consult on a new term/date within which the delivery must take place.
  2. Terms within which the delivery of goods must be completed can never be regarded as strict deadlines.

Article 12. Liability

  1. Hempcare’s liability is limited to purely direct damage, which only includes: a. The reasonable costs 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 customer demonstrates that these costs have led to limitation of the direct damage as referred to in these general terms and conditions.
  2. hempcare is never liable for indirect damage, including consequential damage, lost profit, lost savings, damage due to business interruption, late or improper performance by hempcare and damage as a result of (contractual) fines, including fines for not meeting any (on ) delivery time.
  3. hempcare is not liable for damage caused by the improper functioning of equipment, software, data files, registers or other items used by hempcare in the execution of the assignment, without exception, as well as for damage caused by computer viruses and by the interception of audio and /or data transmissions by telephone, fax, email or (other) data traffic
  4. hempcare is not liable for fines and/or sanctions and damage imposed on the customer that are the result of ownership, delivery, storage, processing, handling or otherwise coming into contact with hemp products and derivatives thereof.
  5. All rights of action and other powers against hempcare, for whatever reason, will lapse 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 of the moment at which the customer was known , or could reasonably have been aware of, with the facts on which he bases his rights and powers.
  6. The customer indemnifies hempcare and is obliged, where appropriate, to indemnify hempcare against all claims from third parties that are directly or indirectly related to the goods delivered by hempcare and to reimburse hempcare for the reasonable costs of defending against such claims.

Article 13. Force majeure

  1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in the law and jurisprudence, all external causes, foreseen or unforeseen, over which hempcare cannot exercise any influence, but as a result of which hempcare is unable to fulfill its obligations, including (but not limited to): I. force majeure of suppliers of hempcare; II. failure to properly fulfill obligations of suppliers prescribed by the customer to hempcare; III. defects in goods, 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. interference with the Internet, computer network or telecommunications facilities; VII. war, riots and riots; VIII. natural disasters, epidemics and disease in general; IX. workload; X. strike, occupation and actions of activists; XI. general transport problems.
  2. hempcare also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after hempcare should have fulfilled its obligation.
  3. During force majeure, the obligations of hempcare are 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 are entitled to dissolve the agreement without there being any obligation to pay compensation in that case.
  4. If at the commencement of the force majeure hempcare has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the part already performed or executable separately and the customer is obliged to pay this invoice as if it concerned a separate contract.

Article 14. Intellectual property

  1. 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 associated know-how.
  2. All compositions, documents, advice, designs, prototypes and test productions provided by hempcare are exclusively intended for internal use by the customer and may not be reproduced, published or disclosed to third parties without prior permission from hempcare.
  3. The items referred to in the previous paragraph must be returned without delay at the first request of hempcare, without prejudice to other legal measures available to hempcare to safeguard its rights.
  4. hempcare also reserves the right to use the knowledge gained through the execution of the delivery or development of goods to the customer for other purposes, insofar as no confidential information of the customer is disclosed to third parties.
  5. Finally, the customer is bound to secrecy with regard to all information received from hempcare that it knows or should know to be confidential information. Article 15. Applicable law and choice of forum

Article 15. Applicable law and choice of forum

  1. Dutch law applies to all agreements concluded and to be concluded by hempcare.
  2. All disputes – including those that are only regarded as such by one of the parties – arising as a result of an agreement to which the present terms and conditions apply in whole or in part, or as a result of other agreements that are the result of such an agreement , will be settled by the competent court in the district where hempcare has its registered office, unless a mandatory legal provision opposes this. This does not affect the fact that hempcare can agree with the customer to have the dispute settled by means of independent arbitration.