Please read the following carefully:
By using this website “www.hempcare.nl” and the possible purchase of products or services, you automatically agree with 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, imports and custom regulations before ordering and confirm that the import into the country of the ordered products is legal. By placing an order with hempcare you agree to all responsibilities regarding the legality of the products delivered to you.
hempcare does not claim that the information and products on the website are available, suitable or legal outside the Netherlands. All information provided by hempcare, through this website, links to or from other websites or by its employees 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 take full responsibility for personal injury, damage, penalties, lost profits or revenues, loss of use of the product or equipment, and any loss of property that may result from the purchase, use or misuse of a product purchased from hempcare. 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.
Name: Quadrion B.V.
Trade name: hempcare
Address: Goeman Borgesiuslaan 77, 3515 ET Utrecht
Telephone number: 088 – 606 0720 (8.30 a.m. to 5 p.m. available)
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: Chamber of Commerce 62063936
VAT identification number: NL854625951B01
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 meaning, unless explicitly stated otherwise:
hempcare: the company that makes use of these general terms and conditions, as the supplier of the goods.
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.
goods: all products offered or delivered by hempcare, including raw materials, semi-finished products and end products.
Article 2. Applicability
These general terms and conditions apply to all offers, quotations, agreements and deliveries of hempcare, of whatever nature, unless that applicability is fully or partially excluded in writing or explicitly agreed otherwise.
Any conditions of the customer are explicitly rejected. Deviations from and additions to these terms and conditions are only applicable if and insofar as they have been explicitly accepted in writing by hempcare.
If hempcare permits deviations from these general terms and conditions, tacitly or otherwise, 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 hempcare applies these terms and conditions.
These terms and conditions also apply to all agreements with hempcare, for the implementation of which third parties must be involved. These third parties can directly invoke these terms and conditions vis-à-vis the customer, including any exclusions or limitations of liability.
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 have any consequences for 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.
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 always applies.
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
All offers and quotations from hempcare are revocable and are made without obligation, unless stated otherwise in writing.
The customer guarantees the correctness and completeness of the specifications and other information on which hempcare bases its offer by or on behalf of him to hempcare.
Obvious errors or typographical errors in the range of hempcare are not binding for hempcare.
A composite quotation does not oblige hempcare to execute part of the assignment against a corresponding part of the stated price.
The prices in the offers and quotations of hempcare are exclusive of VAT and other government levies, unless stated otherwise.
Article 4. Establishment of the agreement
Subject to the provisions below, an agreement with hempcare will only be concluded after (1) hempcare confirms an offer or order from the customer in writing; (2) when hempcare starts with the execution of the agreement; or (3) at the moment that hempcare sends the customer an invoice for the relevant agreement. A confirmation given by hempcare is considered to represent the agreement correctly and completely, unless the customer immediately objects to this in writing.
The content of the agreement is exclusively determined by the description given in the quotation and confirmation.
Any additional agreements or changes made later only bind hempcare if these have been confirmed in writing by hempcare within fourteen (14) days and the customer has not lodged a written protest within three (3) working days.
For agreements for which no written quotation or confirmation is sent by nature and scope, the invoice is deemed to represent the agreement correctly and completely, unless objection in writing is made within seven (7) working days of the invoice date.
Every agreement is entered into by hempcare under the suspensive condition that hempcare is authorized to verify 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, hempcare has the right to temporarily suspend its obligations. In the event of such a suspension, hempcare will immediately notify the customer in writing and offer the customer the opportunity to provide security.
Article 5. Delivery
Unless otherwise agreed in writing, delivery takes place from the distribution location designated by hempcare. The goods to be delivered are at the expense and risk of the customer from the moment they leave the distribution location.
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 receive the goods at the agreed place and at the agreed time of delivery and to unload them immediately.
From the moment that the goods are at the expense and risk of the customer, the customer will 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 if hempcare and the customer agree that hempcare will provide transport insurance, the goods to be delivered are at the expense and risk of the customer from the moment they leave the distribution location.
hempcare is entitled to deliver and invoice the goods in parts.
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 deliveries in parts and / or 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.
Unless explicitly 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
In connection with the provisions of the previous article, transport damage is 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 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 as such is accounted for on the hempcare invoice and consignment note. Insofar as no return packaging is used, the sales price includes packaging, unless otherwise agreed. The packaging, not being return packaging, will not be taken back.
Packaging will take place 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 are for the account of the customer.
A deposit for return packaging is only paid by hempcare to the customer if the return packaging is empty, undamaged and (if applicable) properly sorted.
Article 7. Guarantee
hempcare guarantees that the goods comply with the agreement and the specifications stated in the offer.
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
The customer must examine upon delivery 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 informed hempcare thereof in writing and with reasons within five (5) working days after delivery. The right of complaint also lapses if (1) the customer does not sufficiently cooperate with the investigation by hempcare into the merits of a submitted complaint or (2) the goods have been processed and / or processed.
Changes to technical insights in the sector and / or government regulations are at the risk of the customer. Minor or technically unavoidable deviations in quality, quantity, dimensions, color, size, etc. do not constitute grounds for complaint.
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.
If delivered goods are defective and all the aforementioned procedural requirements 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, entirely at the discretion of hempcare. Hempcare is not liable for any damage suffered by the customer with regard to defective goods.
A claim made by the customer on this article does not give the right to suspension of his payment obligation or the right to set-off.
Article 9. Payment
Payment by the customer of the amounts owed to hempcare must be made, without the customer being entitled to any deduction, discount, suspension or settlement, within 14 days after the invoice date, unless otherwise agreed. The day of payment is the day on which the amount due is credited to the hempcare account.
If the customer has not paid within the period referred to in the first paragraph, the customer is in default by operation of law and hempcare is entitled to charge a cumulative interest of one percent (1%) per month from that moment on. Hempcare is also entitled to charge administration costs with a minimum of € 75 (excluding VAT).
If the customer has not paid within the period referred to in the first paragraph, the customer is obliged to reimburse all judicial and extrajudicial (collection) costs actually incurred by hempcare. The reimbursement of the costs incurred is not limited to any costs order determined by the court.
In case of a joint assignment, the customers are jointly and severally liable for the payment of the invoice amount, the interest (s) and costs due.
If the financial position or payment behavior of the customer gives rise to this in the opinion of hempcare, or if the customer fails to pay an advance or an invoice within the specified payment term, hempcare is entitled to demand that the customer 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 his other rights, to immediately suspend the further execution of the agreement and everything the customer owes to hempcare for whatever reason is immediately due and payable.
Article 10. Retention of title
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 his payment obligations towards hempcare.
Under the payment obligations stated in the previous paragraph is stated: – all payable and non-payable payment obligations 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.
The customer owes hempcare, by way of compensation, an amount in money equal to the economic damage suffered by hempcare as a result of the customer’s non-compliance with any (financial) obligation towards hempcare, including depreciation, whether or not as due to obsolescence of the goods delivered by hempcare.
hempcare is entitled to set off all amounts paid to it by the customer, including advances and payments on dissolved agreements, against the compensation payable by the customer to hempcare in this article.
As long as ownership of the goods has not passed to the customer, the latter may not sell, pledge or transfer ownership of the goods as security to third parties, except within the normal course of his business. The customer is obliged to store the goods that have been 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 customer will immediately notify hempcare of this.
The provisions of this article do not affect the rights of hempcare to claim (additional) compensation and to institute (other) legal remedies.
The restrictions imposed on the customer in this article can be deviated from with permission from hempcare.
Article 11. Term
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) the necessary information on time, in full, in the desired form and in the desired manner, then the customer and hempcare will enter into consultation about a new term / date within which the delivery must take place.
Periods within which the delivery of goods must be completed can never be regarded as strict deadlines.
Article 12. Liability
Hempcare’s liability is limited to purely direct damage, which exclusively 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.
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 ) delivery time.
hempcare is not liable for damage caused by the improper functioning of equipment, software, data files, registers or other matters used by hempcare during the execution of the order, none excepted, as well as for damage caused by computer viruses and by the interception of audio and video / or data transmissions from telephone, fax, email or (other) data traffic
hempcare is not liable for fines and / or sanctions and damage imposed on the customer as a result of owning, receiving, storing, processing, treating or otherwise coming into contact with hemp products and derivatives thereof.
All rights of action and other powers against hempcare, for whatever reason, 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 moment at which the customer was known. , or could reasonably be aware, of the facts on which he bases his rights and powers.
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 defense against such claims.
Article 13. Force majeure
In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which hempcare cannot exert 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. defectiveness of goods, equipment, software or materials of third parties, the use of which is prescribed by the customer to hempcare; IV. government measures; V. electricity failure; VI. failure of the internet, computer network or telecommunication 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 transportation problems.
hempcare er also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after hempcare should have fulfilled its obligation.
Hempcare’s obligations are suspended during force majeure. 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 an obligation to pay compensation in that case.
If hempcare has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already performed or executable part separately and the customer is 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 associated know-how.
All compositions, documents, advice, designs, prototypes and trial productions provided by hempcare are exclusively intended for internal use by the customer and may not be reproduced, made public or brought to the attention of third parties without prior permission from hempcare.
The items referred to in the previous paragraph must be returned immediately at the first request of Hempcare, without prejudice to other legal measures available to Hempcare to safeguard its rights.
hempcare also reserves the right to use the knowledge acquired by 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.
After all, the customer is obliged to observe confidentiality with regard to all information received from hempcare of which it knows or should know that it concerns confidential information. Article 15. Applicable law and choice of forum
Article 15. Applicable law and choice of forum
Dutch law applies to all agreements concluded and to be concluded by hempcare.
All disputes – including those that are regarded as such by only one of the parties – which arise as a result of an agreement to which these terms and conditions apply in whole or in part, or as a result of other agreements that are a result of such an agreement , will be settled by the competent court in the district of the place of business of hempcare, unless a mandatory legal provision dictates otherwise. This does not affect the fact that hempcare can agree with the customer to have the dispute settled by means of independent arbitration.