Terms and Conditions - Epicurean420.com

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - Prohibition of supply of large-scale, illegal and professional hemp cultivation.
Article 5 - The offer
Article 6 - The agreement
Article 7 - Right of withdrawal
Article 8 - Obligations of the consumer during the reflection period
Article 9 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 10 - Obligations of the entrepreneur in case of withdrawal
Article 11 - Exclusion right of withdrawal
Article 12 - The price
Article 13 - Compliance and extra warranty
Article 14 - Delivery and implementation
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Privacy
Article 19 - Additional or different provisions

Article 1 - Definitions

In these conditions, the following terms have the following meanings:

Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the entrepreneur or a third party based on an agreement between that third party and the entrepreneur;
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
Day: calendar day;
Digital content: data that is produced and supplied in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or partly use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Appendix I of these conditions;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 - Identity of the entrepreneur

Floriculture IT

Office address
Bouwbergstraat 98
6412 PJ Schinveld
Netherlands

Telephone number: +31640780712

E-mail address: info@epicurean420.com

Chamber of Commerce number: 66813050

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be consumer can be easily stored on a durable data carrier.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions the consumer can always invoke the applicable provision that is most appropriate to him. is beneficial.

Article 4 - Prohibition of the supply of large-scale, illegal and professional cannabis cultivation.

The Customer will not make available, deliver, prepare, process, process, offer for sale, sell, provide, transport, manufacture or have the products or services to be supplied by epicurean420.com available if he knows or has serious reason to suspect that they are intended to commit one of the criminal offenses referred to in article 11, third and fifth paragraph, namely for professional, commercial or large-scale, illegal or professional cannabis cultivation as referred to in art. 11 paragraph 3 and paragraph 5 Opium Act, or art. 1 paragraph 2 Opium Act Decree.

The customer is aware that the delivery of products and services supplied by epicurean420.com to a customer who is guilty of the aforementioned illegal, professional, large-scale cultivation and / or organized hemp cultivation, or facilitating it, given the epicurean420 .com Resting Statutory Investigation Duty, May Suspect Epicurean420.com Cause of Committing a Criminal Offense within the meaning of Art 11a jo. art. 11 paragraph 3 and paragraph 5 of the Opium Act.

We only focus on urban gardening and the small hemp grower who grows exclusively for his own consumption without monetary gain. We do not supply goods to customers who aim to grow hemp on a large scale. When you want to place an order, you will be asked to accept our terms and conditions. We can only be of service if you accept our modified terms and conditions.

If the customer has ordered the products or services to be ordered from Epicurean420.com in violation of this provision of art. 13 and applies the Opium legislation in - or for the benefit of - large-scale, illegal or professional cannabis cultivation, he is liable for the damage that Epicurean420.com will suffer as a result of any criminal investigation and / or prosecution, as well as as a result of the administrative enforcement of administrative coercion that will be claimed against Epicurean420.com.

Damage includes all direct or indirect damage, material and immaterial damage, trading loss, consequential damage and other damage that Epicurean420.com will suffer as a result of the criminal investigation and / or the criminal prosecution and / or administrative enforcement. This damage also includes, but is not limited to, loss of profit, costs of legal assistance and other advice, damage to reputation, loss of goods, material damage and intangible damage, etc.

Article 5 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products, services and / or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 6 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, 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 manner on a durable medium
the visiting address of the establishment 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;
information about guarantees and existing after-sales service;
the price including all taxes on the product, service or digital content; insofar as applicable the delivery costs; and the method of payment, delivery or implementation of the distance contract;
if the consumer has a right of withdrawal, the model withdrawal form.

Article 7 - Right of withdrawal

With products:

The consumer can terminate an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige him to state his reason (s).
The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has several products in the same order ordered: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
in the case of contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Article 8 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and inspect the product as he should in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur does not has provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 9 - Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale commences in a limited volume or specific quantity, commences during the cooling-off period, the consumer entrepreneur owes an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur the consumer has not provided the legally required information about the right of withdrawal, the cost reimbursement for withdrawal or the model withdrawal form, or;
the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
The consumer does not bear any costs for the full or partial delivery of digital content that is not supplied on a tangible medium, if:
he has not expressly consented to the commencement of the agreement before the end of the contract prior to its delivery. the reflection period;
he has not acknowledged that he loses his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement by the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law.

Article 10 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 11 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products.

Return rules:

Items must be returned unused, complete, in original condition, in original packaging (including any plastic cover).
Items must be shipped in an outer carton, so that the original packaging is not damaged by bumps and stickers on the way. A revocation form must also be included. If it is missing, we will not process it.
In the absence of the original packaging, damage or incomplete items, we will not return the item. As an exception, we take an item back, but there is a depreciation charged.
Returns will be processed within 14 days. You will receive your money within this period in the same way as you paid.

Article 12 - The price

During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. They are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.

Article 13 - Fulfillment of the agreement and additional guarantee

The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the statutory requirements existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the contract. agreement.
An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

Article 14 - Delivery and implementation

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and the right to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
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 representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 15 - Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the closing of the agreement. In the event of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service (s) concerned before the stipulated prepayment has taken place.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not meet his payment obligation (s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after payment has not been made within this 14-day period, statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 3 working days after the consumer has received the products.
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 reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be solved by mutual agreement within a reasonable period of time or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.

Article 17 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 - Privacy

Buyer's personal information will only be used for billing and delivery of the order. The address details are only given to the carrier for the delivery of the goods from the order. After the delivery has taken place, the personal data will be kept for the accounting of Epicurean420.com

The personal data will never be given to third parties.

The email address provided for the newsletter and offers will only be used for this purpose. If the Buyer no longer wishes to receive it, the Buyer can unsubscribe via the link at the bottom of the email.

Article 19 - Additional or different stipulations

Additional or deviating provisions from these general 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.