Terms and conditions Dutch-Headshop

Article 1 - Definitions

Article 2 – Company details

Article 3 - Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

6.1 When delivering products 

6.2 When providing services

6.3 Costs in case of withdrawal

6.4 Exclusion of right of withdrawal

6.5 Model withdrawal form

Article 7 – The price

Article 8 - Conformity and warranty

Article 9 - Delivery and execution

Article 10 – Extended transactions: duration, termination and extension

10.1 Termination

10.2 Extension

10.3 Duration

Article 11 - Payment

Article 12 – Complaints regulation

Article 13 – Opium Act (Growshop Law)

13.1 Up to 25 cannabis seeds per customer

13.2 Product range only for hobby

Article 14 - Legality

14.1 At least 18 years of age

Article 15 - Products

Article 16 - Disputes

Article 17 - Additional or deviating provisions

Article 18 - Agree with Terms and Conditions

 

Article 1 - Definitions

In these conditions is meant:

1. Time to consider: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and signs a distance contract with the entrepreneur;
3. Extended transaction: a distance contract relating to a series of products and/ or services, of which the supply and / or purchase obligation is spread over time;
4. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
5. Right of withdrawal: the possibility for the consumer to withdraw from a distance contract within the reflection period;
6. Model form: the model form for withdrawal that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.
7. Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;
8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, one or more techniques for distance communication are used;
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepeneur being in the same room at the same time.
10. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Company details

Article 3 - Applicability

1. These General Terms and Conditions apply to every offer, quotation and agreement of the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the General Terms and Conditions can be viewed by the entrepreneur and they may be sent free of charge and as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions can be made available electronically to the consumer in such a way that the consumer can store them in an easy way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where of the General Terms and Conditions can be viewed electronically and that they may be sent free of charge by electronic means or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraph apply accordingly and in the event of conflicting General Terms and Conditions the consumer may always invoke the applicable provision that is most favorable to him.
5. If one or more provisions in these General Terms and Conditions at any time are wholly or partially void or annulled, then, apart from that, the agreement and these Terms and Conditions remain intact and the provision in question will be replaced by mutual agreement and without delay by a provision that approaches the scope of the original as much as possible.
6. Situations that are not regulated in these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.
7. Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained 'in the spirit' of these Terms and Conditions.
8. Any deviations from these General Terms and Conditions are only valid if expressly agreed in writing.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.
5. Images with products are a true reflection of the products offered. The entrepreneur can not guarantee that the shown colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• All prices on the website include VAT, excluding shipping and any payment costs;
• The possible costs of shipping;
• The way in which the agreement will be concluded and which actions are necessary for this;
• Whether or not to apply the right of withdrawal;
• The method of payment, delivery and execution of the agreement;
• The period for accepting the offer or the period within which the entrepreneur guarantees the price;
• The level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the communication tool used;
• Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
• The way in which the consumer, prior to concluding the agreement, can check the data provided by him in the context of the agreement and recover them if necessary;
• Any other languages, in addition to Dutch, ​​in which the agreement can be concluded;
• The Codes of Conduct that the entrepreneur has subjected to and the way in which the consumer can consult these Codes of Conduct electronically; and
• The minimum duration of the distance contract in case of an extended transaction.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can inform - within legal frameworks - whether the consumer can comply with his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. With the product or service the entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible wagy on a durable data carrier:

• The visiting address of the branch of the entrepreneur where the consumer can go with complaints;
• The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• The information on warranties and existing service after purchase;
• The data included in article 4 paragraph 3 of these Conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or if it is indefinite.
• In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
• Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

Article 6 – Right of withdrawal

6.1 When delivering products

1. When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days. This time to consider commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. Due to hygiene, vaporizers do not fall under the right of withdrawal after they have been used, and can therefore not be returned.
3. During the time to consider, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of 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.
4. When the consumer wishes to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days after 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 on time, for example by means of a proof of shipment.
5. If the customer has not made it known that he wishes to make use of his right of withdrawal or if he has not returned the product to the entrepeneur after the expiry of the terms mentioned in paragraphs 1, 2 and 3, the purchase is a fact.
6. A trial period of 14 days applies to all purchases. The trial period means that the customer has the right to return the articles in original packaging without any obligation on his part within 14 days. The returned items must not be used or damaged.

6.2 When providing services

1. When providing services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
2. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or on delivery at the latest.

6.3 Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of returning the goods are for his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the online merchant or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
4. The consumer can not be held liable for the value reduction of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this should be done before the conclusion of the purchase agreement.

6.4 Exclusion of right of withdrawal

1. The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• Which have been created by the entrepreneur in accordance with the specifications of the consumer;
• Which are clearly personal in nature;
• Which by their nature can not be returned;
• Due to hygiene, vaporizers do not fall under the right of withdrawal after they have been used, and can therefore not be returned.
• That can spoil or age quickly;
• Whose price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
• For individual newspapers and magazines;
• For audio and video recordings and computer software of which the consumer has broken the seal.
• For hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

• Concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
• For which the delivery commenced with the express consent of the consumer before the reflection period has expired;
• Concerning betting and lotteries.

6.5 Model withdrawal form

The model withdrawal form can be downloaded from our website.

Article 7 – The price

1. During the validity period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• These are the result of statutory regulations or provisions; or
• The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.
6. All 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 8 - Conformity and warranty

1. The legal warranty applies to all products that you purchase from us. This means that a product must be in good condition and must function properly in normal use. If you receive a product where this is not the case, we will provide you with a suitable solution as soon as possible. Depending on the product, we do this by replacement, repair or refund.
2. If you send a product for repair, you will not receive a replacement item. We do our very best to have your product returned to you within the set repair period.
3. Your complaint about a defective product is well-founded, making it eligible for repair, if the defect is not caused by: damage by intent or negligence, improper use or negligent maintenance, normal wear and / or damage by improper or incorrect observing the operating instructions. Parts of glass are not covered by the warranty.
4. The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
5. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
6. 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.
7. The entrepreneur's warranty period 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 the application of the products.
8. The warranty does not apply if:

• The consumer has repaired the delivered products himself and / or processed them or has had them repaired and / or processed by third parties;
• The delivered products are exposed to abnormal conditions or otherwise are careless handled or contrary to the instructions of the entrepreneur and / or on the packaging;
• The inadequacy is wholly or partially the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Article 9 - Delivery and execution

1. The delivery will be sent after the payment is received (within 1 business day after received payment). However, the final delivery time will never exceed the specified delivery time by more than one week, unless there is force majeure. If a term is exceeded, the customer must give notice of default to Dutch-Headshop in writing.
2. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
3. Dutch-Headshop only delivers after receipt of payment in the case of advance payment, unless a cash on delivery or payment on account is chosen. Dutch-Headshop reserves the right not to execute orders or to execute orders at a later date.
4. The place of delivery is the address that the consumer has made known to the company.
5. With due observance of the provisions in paragraph 5 of this article, the company will execute accepted orders expeditiously but no later than 7 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notice of this no later than 7 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without any costs. The consumer is not entitled to compensation.
6. All delivery dates are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
7. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
8. 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 way that a replacement item will be delivered. For replacement items the right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.
9. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and to the entrepreneur announced representative, unless expressly agreed otherwise. After the items have been received by the customer, the risk of damage and loss is transferred to the customer. If one or more articles are lost, the customer undertakes to cooperate on the first request. In the event of non-compliance with this obligation, Dutch-Headshop is entitled to recover the price of the items from the customer.

Article 10 – Extended transactions: duration, termination and extension

10.1 Termination

1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The agreements mentioned in the previous paragraphs can:

• be canceled at any time by the consumer and are not limited to termination at a specific time or in a given period;
• at least be terminated in the same way as they were entered into by the consumer;
• always be terminated by the consumer with the same notice period as the entrepeneur has stipulated for himself.    

10.2 Extension

1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
2. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can cancel this extended agreement by the end of the extension with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

10.3 Duration

1. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 11 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the reflection period referred to in article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.

Article 12 – Complaints regulation

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has noted the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
5. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that can not be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Please check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. Should a solution not be found, the consumer has the opportunity to have his complaint dealt with by the independent disputes committee appointed by Stichting WebwinkelKeur. The decision of this disputes committee is binding and both entrepreneur and consumer agree with this binding decision. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, according to his choice, replace or repair the products or the delivered products free of charge.

Article 13 – Opium Act (Growshop Law)

13.1 Up to 25 cannabis seeds per customer

In the light of the changed legislation we have decided to adjust our policy regarding the sale of cannabis seeds. In several (legal) online articles numbers of 200 plants are mentioned as being the boundary between hobby and professional cultivation. Although weed seeds are excluded from List 2 of the Opium Act, we think it is wise to keep a maximum of 25 seeds per customer.

To make it clear that we want to stay far from professional cultivation, we have decided to sell a maximum of 25 cannabis seeds per customer. In this way, it is possible for the hobby grower to grow a few plants of  (medicinal) weed without facilitating criminal offenses by Dutch-headshop. The cannabis seeds are exclusively intended for collectors.

If you want to send more than 25 seeds, you will not be able to complete the order. It is not allowed to purchase various cannabis seeds in a shorter period of time. Should this unexpectedly succeed, the order will still be canceled or modified by us.

13.2 Product range only for hobby

Our entire product range has been adapted to the new Opium Act, also known as the Growshop Law. We sell exclusively for own use; purchases for large-scale or professional cultivation are refused. We only sell products in small numbers for the small-scale hobby home grower. This means only small quantities, volumes and permitted products that are not on the list of indicators in Appendix 1 "Opium Act Designation". It is not allowed to make multiple purchases in a shorter period.

If you still order large quantities or volumes then the order will still be canceled or modified by us. If we suspect the intention to proceed with the illegal use of our products, we will refuse the purchase.

Article 14 - Legality

Dutch-Headshop is based in the Netherlands and will follow the rules of Dutch law. In some countries or states it is forbidden to import, stock and possess some products. If you want to order certain products, please check your local (customs) rules and laws. Dutch-Headshop accepts no liability for violating the local (customs) rules and laws. We ship our products with due observance that they will not be used in violation of law by third parties. Dutch-Headshop does not want to encourage anyone to violate the law. We want to say with certainty that everyone who buys our products is personally responsible for their future actions. Dutch-Headshop does not accept any liability in this respect.

Dutch-Headshop can not be held liable for damages due to wrong or illegal use of the purchased products. Dutch-Headshop can also not be held responsible if the ordered products are taken by the customs because the rules or laws of your country or state have been violated. In that case you can not claim a refund of your money.

14.1 At least 18 years of age

This website and our products are intended for people aged 18 and older. No sales to minors; to adults only! Keep all Dutch-Headshop products out of the reach of children.

Article 15 - Products

The offered products are displayed and / or described as clearly and truthfully as possible on the website and / or in written offers and have the characteristics mentioned in the offer by Dutch-Headshop. The website and these Terms and Conditions clearly state what the customer owes on purchase and what his rights and obligations are, if he accepts the offer.

The warnings for the use of products can be found in the disclaimer for the relevant product.

Article 16 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply, even if the consumer lives abroad.
2. The Vienna Convention of sales does not apply.

Article 17 - Additional or deviating provisions

Additional provisions or provisions deviating from these Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier. For the consequences of misprints on the website or other types of media, Dutch-Headshop can not accept any liability. By placing an order each customer declares to agree with the above sales conditions without reservation.

Article 18 - Agree with Terms and Conditions

By using this website and ordering from Dutch-Headshop, you indicate that you understand the following conditions and that you agree with them:

By using this website and placing an order with Dutch-Headshop you declare that you are at least 18 years old. This website, with all its contents, is intended exclusively for consenting adults.

By placing an order with Dutch-Headshop you accept all responsibilities with regard to the legality and lawfulness of the products that are sent to you. All products on our website are legal in the Netherlands. However, we can not and will not make statements about the legal status of a product in another country, because it is impossible for us to keep pace with the ever-changing legislation in each country. We have no information or can not comment on the legal status of a product in your country. The list of countries for which shipment is limited, is shown on each product page, and should be considered non-exhaustive; no claims can be made based on this information. You accept the responsibility to inform yourself about your local laws, import and custom regulations for ordering and you hereby declare that the importation of the ordered products in the country is legal. We also want to discourage the illegal use of our products. We strongly advise you to consult a lawyer if you have doubts.

Dutch-Headshop does not claim that the information and products on the website are suitable or legal outside the Netherlands. All information provided by Dutch-Headshop, via this website, links to or from other websites or by its employees via telephone, email or other communication is purely for educational and informative purposes. This should never be interpreted as a recommendation to take a specific action. Use of the information for illegal activities is at your own risk. Dutch-Headshop does not guarantee that the information on the website is up-to-date or accurate.

The website may not be opened, viewed or otherwise received in a country or location where this is or may be considered as a violation of the law or customs regulations.