General Terms for the members, sales and returns

 

1. Parties identification

These General Terms (hereinafter, Terms) apply to the legal relationship established when a person requests to be a Customer of Hemps Pharma by the website www.hempspharma.com (hereinafter, the Website), or when a user of the website, who doesn´t want to register, buys a product, complementary to the provisions of Terms & Conditions and Privacy Policy, and have been established on one side by Hemps Pharma Amro, S.L. (hereinafter, Hemps Pharma). On the other side, the User, visitor or customer (hereinafter, the Customer) agrees to these terms.

 

2. Justification

Hemps Pharma, in compliance with Law 34/2002 of July 11th, Services Information Society and Electronic Commerce Directive 2002/65/EC of the European Parliament and of the Council of 23 September concerning the distance marketing of consumer financial services and amending Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, as well as other legislation applicable, Hemps Pharma has established the following Customer GCAU to the products sell on the Website. Entering into the Website implies full and unreserved acceptance of each and every one of the following general terms of accession.

Below is the contractual document that will govern the contracting of services through the websites owned by the entity Hemps Pharma. The acceptance of this document implies that the user:

 – Have read and understand what is being exhibited here.

 – Whoe is a person with enough capacity to hire.

 – That assumes all the obligations here arranged.

The present conditions will have an indefinite validity period and will be applicable to all the contracts made through the web domain: www.hempspharma.com of Hemps Pharma.

Hemps Pharma reserves the right to unilaterally modify these conditions, without affecting the products that were previously acquired before the modification. The supplier of the goods acquired by the user is Hemps Pharma Amro, S.L., C/ Asturias 61, Bajo – 46023 Valencia, with CIF: B-98852049, which carries out the sale and distribution of the products offered in this service. Sales operations shall be understood to be carried out in www.hempspharma.com.

On the other hand, the user, registered on the website by email and password or the buyer as a guest, on whom he has full responsibility for use and custody, is responsible for the veracity of the personal data provided to Hemps Pharma.

 

3. Object

These GCAU are aimed at providing the services offered to the Customer on the Website, without any consideration on their part to Hemps Pharma.

 

4. Ability to sign up

In accordance with the applicable law, to join as a Customer on the Website, the Customer shall have the necessary legal capability to recruit established by the law of their native country. In Spain the age is 18. If the Customer acts on behalf of a legal person, by accepting these Sign Up General Terms, they have the due powers of representation.

 

5. Pricing and distribution of responsibility

The price of each product will be the one stipulated at any time on our website, except if there is a mistake. Although we try to make sure that all prices on the page are correct, mistakes can occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and we will give you the option to reconfirm your order at the correct price or cancel it. If we do not get in touch with you, the order will be considered cancelled and the amounts that have been paid will be reimbursed in full.

We will not be obliged to supply you with any product at the wrong lower price (even if we have sent you the shipping confirmation) if the mistake in the price is obvious and unequivocal and could have been reasonably recognized by you as a wrong price.

The prices on the Website include VAT unless otherwise indicated on the product page, but exclude shipping costs, which will be added to the total amount depending on the shipping.
Prices may change at any time, but (except as set forth above) the possible changes will not affect orders that we have already sent you a shipment confirmation.

 

6.- Shopping procedure

After you have done all your shopping, and all the items have been added to your Shopping Cart, the next step will be to process the order and make the payment. To do it:1. Click the “Shopping cart” button at the top of the page.

2. Click the “Make Order” button.

3. Fill out or check the contact information, the details of your order, the address to which you want the order to be sent and the invoice address.

4. Enter your credit card or select another payment method and follow the steps.

5. Click “Finish order “.

 Delivery process

We will deliver the products bought to the address indicated in your order.
We will try to deliver products as soon as possible. However, we cannot guarantee delivery by the relevant date. We will only deliver products to the countries shown in the drop down list on the website.

 

7.- Payment methods

Hemps Pharma let you choose from several forms of payment, so you can choose the one that suits you best. The possibilities are the following:
 
i) Payment by Credit Card (Visa or Master Card) through a secure payment gateway Servired / RedSys.

Because it is a secure payment, it will only accept “secured” credit cards, that is, those that are authorized to operate in Secure Electronic Commerce (CES). If your card is not “secure”, you must ask your bank to associate it with one of these systems: Verified by Visa or Master Card Secure Code.

If for any reason the bank informs us of the denial of the card entered, the order will be automatically canceled.

ii) Payment with Paypal. Additionally, the payment option is included through the PayPal system, which allows payment by credit card or by depositing funds from a current account. If you choose this form of payment, a small surcharge will automatically be added to the final price.
 
Proof of purchase: Invoice or Ticket

Once you finish the purchase process completely we will send you an email with all the information of your order.

We will issue an invoice whenever you inform us of your NIF (or CIF of your company). You can do it in the registration process or in the “My account: My personal information” section. In case you do not provide us with your Tax Identification Number we will issue a ticket as proof of the purchase.

 

8. Changes Policy /Refunds

In accordance with the applicable law, if you are contracting as a consumer, you may withdraw from the contract (except where the object of the same is any of the products in respect of which the right of withdrawal is excluded in the common provisions) at any time within 14 working days from the date of delivery of your order.

In this case, you will be reimbursed the price paid for such products, except the transport costs. You will take care of the direct costs of returning the product.

You will be able to certify the exercise of the right of withdrawal in any form admitted in law, considering in any case validly exercised that right by:

1. Access the “Contact” section.
2. Click on the section: “Incidents”.
3. Indicate in the window that you want to change/refund a product, indicating the reference number, your name, last name and telephone number.
4. Click on “Send”

Special sales
Hemps Pharma do not make refunds on special promotions.

 

9.- Common provisions

Your right to desist from the contract shall apply only to products returned under the same conditions as you received them. Please return the item using or including the original wrapper. You must also include all the instructions, documents and product wrappers. In any case, you must return the product with the ticket received at the time of the product delivery.
It is very important that you return the product/s to be changed/returned perfectly packed and in its original packaging, in perfect condition (not damaged or dirtied by the customer) with all accessories, instructions and documentation. If the products are damaged due to improper packaging, we will not accept the return.
No reimbursement will be made if the product has been used or opened, or if it has suffered any damage.
Please contact us to arrange a return or change and we will tell you the procedure to follow.
After recibing and evaluating the product we will inform you if you are entitled to the refund of the amounts paid. The refund will be made as soon as possible and, in any case, within 30 days from the date you informed us of your intention to desist. The refund will always be made in the means of payment that we deem most opportune in each case, but Hemps Pharma will try to do it in the same form as the client has done it.

If you have any questions, you can contact us by e-mail: info@hempspharma.com or on the phone specified in the Website.
In case of return because Hemps Pharma has done a mistake, in the shipment or for causes attributable to Hemps Pharma, Hemps Pharma will take care of the corresponding steps to remove the wrong product and the correct replacement, as soon as Hemps Pharma has been notified.
Any claim for lack of shipment or mistake in the product will have to be notified within a maximum of 14 days from the date of shipment. The client will not have the right to request the return if it has not communicated the mistake/defect by sending an e-mail to the customer service: info@hempspharma.com.

 

10- Claim & Return

Any claim for damage to the product will have to be placed in our knowledge within 24 hours of receipt of the shipment, in order to proceed to the corresponding claim to the carrier.
The products supplied by Hemps Pharma will be used exclusively for the uses indicated. The claims for damages made by the customer for any cause are expressly excluded when there is no serious intentional fault. The conformity of the client, in terms of the quantity delivered of products with respect to an order in question, will be made by signing the corresponding delivery note at the same time of delivery. The customer shall examine the products, as soon as possible after receiving it, to verify their conformity with the type of product in the order, and the absence of apparent or hidden defects in them. In any case, after receiving the products, the customer will have 24hrs to claim Hemps Pharma for a possible difference in the type of products delivered with the requested or for the existence of an apparent defect in them.

 

11. Validity of these Terms and Termination of the contract

These GCAU will be incorporated into the contract for Services signed with Hemps Pharma at the time the Customer provides their complying with it, which will be given when pressing the corresponding button on the accession form. Being an e-procurement, the signature of this contract will be replaced by the acceptance of the general terms performed as discussed on the previous paragraph. This agreement will last indefinitely and may be terminated by the general causes of law and, at any time, by the mere unilateral will of the parties, without a previous notice being necessary. None of the reasons for termination of the contract will result in compensation or reparation for any party.

 

12. Incidents and claims

In the event that the Customer wishes to communicate any incident or make a complaint, they may do so by sending and e-mail to the e-mail address indicated in the first clause of these GCAU.

 

13. Access to services through the Website

Accession as a Website User shall be governed also by the terms and provisions of the Terms of Website Use. Read them carefully before proceeding.

 

14. Law and Jurisdiction

The parties acknowledge that the law applicable to this contract, and all legal relations arising therefrom, will be the Spanish law, by expressed implementation pursuant to Article 1262 of the Civil Code, relating to the provisions of Chapter IV, of the introduction of the same legal body. Likewise, both parties declare that this contract is not subject to the United Nations Convention on Contracts for international sales, signed in Vienna on the 11th of April 1980, for not having such commercial operations. The parties agree to resolve any controversy, dispute or claim arising out of this contract, at the Courts of Madrid, as this is the place of the contract, expressly waiving any other jurisdiction that may apply.
Terms & Conditions of Use

1. Parties identification
This legal notice regulates access on the website www.hempspharma.com (hereinafter the Website) that Hemps Pharma Amro, S.L. has created to sell and distribute by internet cosmetic Products.
In compliance with Article 10 of Spanish Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce (Spanish LSSICE law), the company profile information is as follows:
Name: Hemps Pharma Amro, S.L:
C.I.F. (Spanish Fiscal Identification Number): B98852049
EU VAT Number: ESB98852049
Head office: C/ Asturias 61, Bajo – 46023 Valencia (Spain)
Telephone: + 34 – 96.381.99.14
e-Mail: info@hempspharma.com

HEMPS PHARMA AMRO, S.L. is the owner of the internet domain name accessed through the address: www.hempspharma.com
Registration Data
Registration information: Registered in the Registro Mercantil de Valencia (Valencia Commercial Registry)
First inscription in the Commercial Registry, on date 12/09/2016, Book: 7457, Page: V-172556, Sheet: 3, Inscription:2, Volume 10175.

The user, visitor, customer or subscriber (hereinafter the Customer) have recognized sufficient capacity to contract and to have read, understood and accepted these General Terms and use of this Website (hereinafter CLGU). These CLGU relate to Customers when using the term User. Access, retention in the Website and the use by the User means the reading and accepting, without reservation, of these CLGU and the pages of information that are detailed therein, regarding the privacy policy or terms of accession, if any, that apply.
Also Hemps Pharma hereby informs users of this Website that these CLGU are subject to change without notice. Consequently the Customer must read this Legal Notice thoroughly in each of the occasions when they proceed to use the Website as it may have been modified.

 

2. Website content

The listed CLGU regulate access and use of the Website and all its content that are displayed or made available to the Customers. Hemps Pharma may modify, create, update or remove such content at any time and without notice. The Website shows products that can be bought by the user. It is prohibited to use of the Website or its contents with purposes injurious to the property or interests of Hemps Pharma or others, or in any other way overload, damage or disable the networks, servers and other computer equipment or products and applications that belong to Hemps Pharma or others. Hemps Pharma will remove all the data, comments and content in general when it comes to our attention its illicit nature or that they may damage property or rights of a third party liable for damages, as well as when we consider that they may be characterized as discriminatory, xenophobic, racist, pornographic, or that threaten public order or that, in our opinion, are not appropriate for publication and may in all cases suspend, cancel, delete or block the Customer’s account without generating liabilities to Hemps Pharma.

 

3. Exemption from liability for the content of the Website

Hemps Pharma will ensure, insofar as possible, the proper functioning of the Website, its correctness and the veracity of what is published in it. However, Hemps Pharma is not responsible for any errors or omissions that the contents of the Website could suffer or other content that may be accessed through these or the misuse and incorrect use that users of the Website may incur.
Hemps Pharma will ensure, as far as possible, for the the computer security of technical supports used by the User when browsing the Website. However, because the Internet cannot be considered a safe place, Hemps Pharma cannot guarantee the absence of viruses or other harmful elements, introduced by third parties that could damage or alter the computer system, electronic documents or files of the User who visits this Website. Consequently, Hemps Pharma is not liable for damages that such elements may cause the User, Center or third party.

Hemps Pharma may not be held responsible, either directly or indirectly, for any damage resulting from misuse of the Website or its contents by the Users, nor for any action taken on the basis of the information provided therein. Hemps Pharma may limit access to the Website to opinions, information, comments or images that the Users may send, so it may install, if deemed appropriate, filters to such effects. The previously referred right does not imply any obligation for Hemps Pharma to control the contents that may spread through its Website, but only the willing to avoid, as far as possible, that through it may contents/opinions spill that may be considered defamatory, violent, racist, sexist, xenophobic, discriminatory, pornographic, violating youth or childhood, order or, in any way, violate principles of morals, public order or morality, or are clearly illicit. The links contained in this Website may lead the User to other sites and web pages operated by third parties over which Hemps Pharma has no responsibility. Hemps Pharma is not responsible for the content or condition of these sites and web pages, and access to them through this website does not mean that Hemps Pharma recommends or approves their content. In any case, Hemps Pharma is not responsible for the opinions expressed by Users on this Website.

Our liability in connection with any product purchased through our website is strictly limited to the purchase price of the product and the replacement cost of the product. We will not under any circumstances be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage; and we will not be liable for any losses arising out of a force majeure event.

 

4. User responsibility for access and use of the Website

This Website has access to different contents and information as well as services in which the User can register. By registering online, the User agrees to provide true, accurate, lawful, current and complete information about their identity (name, surname, e-mail address, telephone number, address, city, post code, country, company information: name, address, and telephone number) as requested in the registration form of the Services. Also, the User agrees to use such services adequately, according to the possibilities and purposes for which it has been created:

a) Incurring unlawful activities, illegal or contrary to good faith and public order; b) spread content or propaganda of a racist nature, xenophobic, pornographic, illegal, that makes an apology of terrorism or against human rights; c) causes damage to the physical and logical systems of Hemps Pharma, its suppliers or third parties; introducing or spreading computer viruses or any other hardware or software capable of causing the aforementioned damage; d) attempting to access and, if necessary, use the e-mail accounts of other Users or Centers and modify or manipulate their messages. The User or Center is committed to respecting the rights of national and international intellectual property. In that sense, the Website User may not perform any act of exploitation of the content, information and items available on the Website without the written permission of Hemps Pharma.

Users are solely responsible for the information, images, opinions, allusions or contents of any type that communicate, lodge, transmit, make available or exhibit through the Website. It is strictly prohibited to use false identities and, in particular, civil identity theft. Hemps Pharma may suspend suspicious profiles until the identity of the owner is verified. False profiles will be canceled immediately and it will be communicated to the responsible public authorities, to be prosecuted by the appropriate legal channels. You may not use the Website to send advertising or commercial communications of any kind, to broadcast messages with the purpose of advertising or promoting, or for capturing personal data for any purpose, including practices of progressive acquisition of Customers (such as pyramid schemes or chain distribution systems).
The User who breaches these CLGU shall bear all expenses arising therefrom Hemps Pharma, including legal representation and economic compensation to third parties, but not limited thereto.

 

5. Intellectual and industrial property

The elements contained on the Website (not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials, computer programs necessary for its operation, access and use, etc.) are owned by Hemps Pharma. All rights are reserved. It is strictly prohibited to reproduce, distribute, transform, publicly communicate, including any means of making available, as well as any other form of exploitation of all or part of the contents of the Website, in any form or by any means without express written permission from Hemps Pharma. Users may view the Website elements and may print them, copy them and store them on the hard drive of their computer or in any other hardware, as long as this is solely and exclusively for their personal and private use. The User shall not remove, alter, or manipulate any protection device or security system installed on the Website. Reproduction or transmission of the content of this Website is permitted solely for informational or divulgative purposes, provided that the source is mentioned (author name, URL of the web) and respected for his authorship. The text and graphic elements that make up the Website and its presentation and assembly, are either exclusively owned by Hemps Pharma. All logos and trademarks belonging to Hemps Pharma are registered as trademarks in the corresponding public records. Third party logos that appear on the Website are owned by their respective owners, in any case, they are the sole responsible party at any dispute which may arise to this regard. Any claims filed by Users in relation to possible breaches of intellectual or industrial property rights on any of the contents of this Website should be directed to the e-mail address specified in the contact details herein.

 

 6. Contract cancellation

We may cancel immediately a contract to supply products according to these sales terms by written notice to you if:
(a) you fail to pay, on time and in full, any amount due to us under any contract, or commit any material breach of your obligations to us under any contract;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

 

7. Communication of illicit and inadequate activities

If the User knew that the Website has contents that were unlawful, harmful, degrading, violent or contrary to morality or public order, or that the sites linked give access to pages that display or link to other with such content, they shall contact Hemps Pharma at the e-mail detailed at the beginning of this document, identifying themselves in a sufficient manner, if it were necessary to describe the facts considered unlawful or inappropriate. In cases in which a User is infringing the rights of a third party on the Website, the applicant must contact the relevant authorities for them to notify the fact to Hemps Pharma so that they are made aware of the knowledge required by law that the activity or information stored is unlawful or that it damages property or rights of a third party liable for compensation. Additionally, the applicant may contact Hemps Pharma, and notify the fact and the reasons why they believe their rights have been violated, contributing in any case the appropriate titles.

 

8. Rules and Jurisdiction

The parties agree to resolve any dispute, controversy or claim arising out of these CLGU, by the Spanish law and the courts of Valencia capital, as this is the place of the contract; expressly waiving any other law and jurisdiction that may apply. In the event that a competent court determines that any of the provisions contained in these CLGU is unlawful, void, unenforceable or inapplicable, the User expressly agrees that the remaining provisions will not be excluded nor changed, and will continue in full force, with all their concurrent effects. Hemps Pharma is committed to writing again, as soon as reasonably possible, those clauses declared void.