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General Terms and Conditions

The undersigned:

1. Supplier

2.Canna B Industries B.V. having its statutory seat in Amsterdam, The Netherlands, registered under Chamber of Commerce number 688006579 (“CannaTrading”)

Whereas

(A) CannaTrading exploits an online marketplace platform under the name CannaTrading.store (the “Platform”);

(B) Supplier wishes to sell and promote certain products on the Platform on the conditions set by CannaTrading in this drop shipping agreement (the “Agreement”);

Have agreed as follows:

1. Definitions

1.1. Content: (part of) the specifications of Products, including – but not limited to – Product information, Product pictures, Product prizes and shipment prizes.

1.2. Commission: the fee CannaTrading deducts from the payment received from Customer, consisting of 20% of the Net Sales Price (unless agreed otherwise in writing).

1.3. Customer: a user of the Platform who proceeds to the purchase of a Product via the Platform.

1.4. Net Sales Price: price of the Product not including shipping charges, including any disposal charge and/or other government levies imposed, including VAT and including the service charge.

1.5. Products: all items offered by CannaTrading on the Platform.

1.6. Sales Agreement: the agreement that is concluded between CannaTrading and Customer due to the purchase by Customer of a Product via the Platform.

1.7. Sales Price: price of the Product including shipping charges, including any disposal charge and/or other government levies imposed, including VAT and including the service charge.

2. Offer

2.1. Supplier shall provide CannaTrading with a detailed document concerning the Content of its Products and all relevant information as requested by CannaTrading.

2.2. CannaTrading shall solely determine when, for how long and which Products, Product categories and/or subcategories are offered on and/or added to and/or removed from the Platform.

3. Order and delivery

3.1. Supplier is not a party to the Sales Agreement. Supplier is not the agent of CannaTrading.

3.2. At the time Customer orders Product(s) via the Platform, Customer pays directly to CannaTrading. After fulfillment of the payment, Supplier shall receive from CannaTrading the order confirmation including a packing list. Supplier shall not make changes to the order confirmation nor the packing list. Supplier shall add the packing list to the ordered Product(s). Supplier shall provide CannaTrading with the track & trace number of the shipment.

3.3. Supplier is responsible at its own expense and risk for timely and proper delivery of the Product(s) purchased by Customer. Supplier shall process the order as soon as possible after receiving the order confirmation.

3.4. CannaTrading is responsible at its own expense and risk for proper performance of the payment. All communications with the Customer shall be handled by CannaTrading. In the case a Customer contacts Supplier directly, Supplier shall refer Customer to CannaTrading.

4.Return policy

4.1. Supplier shall provide a statutory 14-day return policy during which a Customer may return a Product that is in re-sellable condition, unless agreed otherwise prior to return.

4.2. Supplier shall provide a return and refund policy for any damaged or defective items.

4.3. Supplier shall offer to return the Product sold free of charge and therefore Supplier shall not charge return costs to Customers separately.

5.Billing

5.1. CannaTrading shall charge and deduct the Commission from the payments received from the Customer and pay the remainder to Supplier. Payment to Supplier shall be made ultimately one month after the statutory 14-day return period has expired. CannaTrading shall draw up an invoice for these payments.

5.2. Supplier is not entitled to accept payments made directly by the Customer. In that case, Supplier shall refund the amount received to Customer and point out to Customer that payment can only be made to CannaTrading.

5.3. In the event Supplier has already received payment of the Sales Agreement from CannaTrading, CannaTrading is entitled to recover this amount from Supplier.

6. Use of Content

6.1. Supplier guarantees and is solely responsible for the Content to be up to date, accurate and not misleading.

6.2. Supplier hereby grants CannaTrading during the term of this Drop Shipping Agreement a royalty-free, non-assignable, non-exclusive license for the use of its Content on the Platform.

<0>6.3. CannaTrading may not use any Content provided in any other medium than the Platform without prior written consent of Supplier.


6.4. Content can be modified by CannaTrading only with prior written consent of Supplier. CannaTrading is allowed to remove Content immediately in case of any claim, for instance based on intellectual property rights infringement or any misleading nature of the Content.

7. Term and termination

7.1. CannaTrading and Supplier agree that the term of this Drop Shipping Agreement shall commence on the Effective Date for an indefinite term.

7.2. Both Parties may at any time terminate this Drop Shipping Agreement by written letter observing a notice period of three months.

7.3. Both Parties shall have the right to terminate this Drop shipping Agreement, by written notice, with immediate effect if:

a. the other party is declared bankrupt or has been granted suspension of payment or if a petition requesting bankruptcy or suspension of payment is filed by or on behalf of the other party;

b. a liquidator, receiver, trustee or administrator is appointed for the other party;

c. the other party is in breach of any provision of this Drop Shipping Agreement and fails to remedy such breach within fourteen (14) days after notice of such breach and the request for the remedy thereof has been received by the other party.

7.4. Upon termination of this Drop Shipping Agreement, for whatever reason, CannaTrading will not be obliged to pay any compensation to Supplier, including but not limited to, goodwill compensation.

8. Privacy

Within the framework of this Drop Shipping Agreement and any subsequent further agreements, Supplier will be processing Personal Data for CannaTrading. In connection herewith, Parties have entered into a Data Processing Agreement, which has been attached to this Drop Shipping Agreement as Annex 1.

9. Liability

9.1.Supplier fully indemnifies CannaTrading for all damages and/or costs of any kind resulting from the breach of one or more provisions of this Drop Shipping Agreement.

9.2. Except in case of intent and/or gross negligence on the part of CannaTrading, CannaTrading shall not be liable in any way for damage and/or costs of any kind incurred by Supplier resulting from malfunctioning of the Platform.

9.3. In the event that the exclusion of liability as referred to in article 9.2 is deemed unlawful, void or for any reason unenforceable, the Parties hereby agree that CannaTrading shall only be liable for the damage/costs directly incurred, which liability shall never exceed € 500,-- (in words: five hundred euros) per year.

10. Miscellaneous

10.1. Supplier is not entitled to transfer (part of) its rights and obligations arising from this Drop Shipping Agreement to a third party, unless CannaTrading has given prior written consent.

10.2. CannaTrading remains the right to modify this Drop Shipping Agreement at any time. If any modification is unacceptable to Supplier, the recourse shall be termination of the Drop Shipping Agreement. Continued cooperation shall constitute acceptance of the modifications.

10.3. In the event that one or more provisions of this Drop Shipping Agreement appear(s) to be non-binding, the other provisions of this Drop Shipping Agreement will continue to be effective. The Parties are obliged to replace the non-binding clauses with other clauses that are binding, in such a way that the new clauses differ as little as possible from the non-binding clauses, taking into account the object and the purpose of this Drop Shipping Agreement.

10.4. This Drop Shipping Agreement is governed by Dutch law.

10.5. Any and all disputes arising from or in connection with this Drop Shipping Agreement shall be brought exclusively before the competent court in Amsterdam, the Netherlands.

DEFINITIONS:

In these Terms and Conditions, the following definitions apply:

1. Consumer:

The natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities.

2. Day:

Calendar day.

3. Distance contract:

A contract concluded by CannaTrading and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract.

4. Means of distance communication:

A means to be used for concluding an agreement without the Consumer and CannaTrading being together in the same place at the same time.

5. Right of withdrawal:

The Consumer’s option not to proceed with the distance agreement within a 14-day period.

6. Standard form for withdrawal:

The European standard form for withdrawal included in Annex I.

7. Supplier:

A person, organisation or other entity that provides products that are offered for sale by CannaTrading on the platform CannaTrading.store

CannaTrading’s IDENTITY:

The platform is provided by Canna B Industries B.V.

Postal address:
Canna B Industries B.V.
Stationsweg 142, 1815CG Alkmaar, The Netherlands
E-mail: info@CannaTrading.store 
Chamber of Commerce number: 68800657

SCOPE:

1. These General Terms and Conditions apply to all offers on CannaTrading’s platform and to any distance contract concluded by CannaTrading and the Consumer.

2. Before concluding a distance contract, CannaTrading shall make the text of these General Terms and Conditions available to the Consumer free of charge and as soon as possible. If this is not reasonably possible, CannaTrading shall inform the consumer, before a distance contract is concluded, that the General Terms and Conditions are available for inspection and that they will be sent to the consumer (free of charge) as soon as possible, at the consumer’s request.

3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the contract is concluded, the text of these general conditions may be sent to the consumer electronically, in such a way that he/she can easily store them on a sustainable medium. If this is not reasonably possible, the Consumer will be informed where the General Terms and Conditions can be accessed electronically and that, upon request, they will be sent to the Consumer free of charge, either via electronic means or otherwise, before concluding the distance contract.

4. In the event that specific conditions apply to a product or service in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and, in the event of conflicting terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.

5. CannaTrading may amend these General Terms and Conditions at any time in our sole discretion. Such modifications will be effective as soon as the modified version is updated on the platform. Consumer agrees to review these General Terms and Conditions periodically so that you are aware of any modifications. Continued use of the platform following notice of such changes shall indicate Consumer’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. If Consumer does not agree to be bound by such changes, Consumer should immediately cease using the platform Services.

6. CannaTrading’s platform does not offer medical advice or diagnoses or treatment of any medical condition.

THE OFFER:

1. If an offer has a limited period of validity or is subject to certain conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If CannaTrading makes use of pictures, these will be a true representation of the products being offered and/or services provided. CannaTrading is not bound by obvious errors or mistakes in the offer.

3. All offers contain such information that it is clear to the Consumer what rights and obligations are involved in accepting the offer.

THE CONTRACT:


1. Admission to the platform CannaTrading.store shall only be permitted if the Consumer has indicated that he is of age at the moment he completed the age check.

2. In order to be able to buy a product on the market place platform CannaTrading.store, the Consumer needs to create an account. The Consumer is responsible for ensuring that the details the Consumer provides CannaTrading are correct and complete.

3. Subject to the provisions in paragraph 4, the contract is concluded at the moment that the Consumer has accepted the offer and the applicable conditions have been fulfilled.

4. If the Consumer has accepted the offer via electronic means, CannaTrading will promptly confirm receipt of acceptance of the offer via electronic means. As long as the receipt of acceptance has not been confirmed, the Consumer may dissolve the contract.

5. If the contract is concluded electronically, CannaTrading will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer is able to pay electronically, CannaTrading will observe appropriate security measures.

6. CannaTrading may, in accordance with statutory frameworks, obtain information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, based on the results of this investigation, CannaTrading has good grounds for declining to conclude the contract, CannaTrading has the right to reject the order or request, thereby stating its grounds.

7. Together with the delivery of the product, CannaTrading and/or Supplier will send the following information, in writing or in such way that the Consumer can store it on a sustainable medium, along with the product, the service or the digital content:

  1. The address where the Consumer can lodge a complaint;
  2. The conditions under which the Consumer may exercise the right of withdrawal, and how to do so, or clear statement relating to the exclusion of the right of withdrawal;
  3. The information relating to existing after-sales services and guarantees;
  4. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
  5. The requirements for terminating the contract, if the contract exceeds a duration of more than one year or if it’s infinite;
  6. The standard form for withdrawal if the Consumer has the right of withdrawal.

RIGHT OF WITHDRAWAL:

1. The Consumer can dissolve a purchase contract, without stating reasons, during a period of 14 days. CannaTrading may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).

2. The period referred to in paragraph 1 commences on the day the product was received by or on behalf of the Consumer.

OBLIGATIONS OF THE CONSUMER WHEN RETURNING A PRODUCT:

1. During this period, the Consumer shall treat the product and its packaging with care. The Consumer shall only unpack or use the product to the extent that is necessary in order to determine whether he wishes to retain the product.

2. The Consumer is liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in paragraph 1.

EXERCISING THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS:

1. If the Consumer exercises his right of withdrawal he shall notify CannaTrading unambiguously with the standard form for withdrawal within the 14-day period.

2. The Consumer shall return the product or deliver it to Supplier or the authorised representative of Supplier as soon as possible but within 14 days counting from the day following the notification referred to in paragraph 1.

3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by CannaTrading and/or Supplier.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.

5. Supplier shall bear the direct costs of returning the product.

6. If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.

OBLIGATIONS OF CANNATRADING IN THE CASE OF WITHDRAWAL:


1. If CannaTrading makes the notification of withdrawal by electronic means possible, CannaTrading shall promptly send a return receipt.

2. CannaTrading shall reimburse all payments made by the Consumer, as soon as possible but within 30 days following the day on which the Consumer notified him of the withdrawal. CannaTrading can wait with paying back the Consumer until Supplier has received the product or until the Consumer proved that he returned the product, whichever occurs first.

3. CannaTrading shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

4. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, CannaTrading is not obliged to reimburse the additional costs for the more expensive method.

EXCLUSION OF THE RIGHT OF WITHDRAWAL:


CannaTrading can exclude the following products and services from the right of withdrawal but only if CannaTrading notified this clearly when making the offer or at any rate in good time before concluding the agreement:

1. Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken.

2. Products which for their nature are irreversibly mixed with other products.

THE PRICE


1. The prices of the products and/or services provided shall not be increased during the validity period indicated in the offer, except at a result of alterations in VAT rates.

2. Contrary to the previous paragraph, CannaTrading may offer products or services with variable prices, if these are subject to fluctuations (in the financial market) over which CannaTrading has no influence.

3. Price increases within 3 months after concluding the contract are permitted only if they are the result of statutory regulations or stipulations.

4. Price increases more than 3 months after concluding the contract are permitted only if stipulated by CannaTrading and:

  1. They are the result of legal regulations or stipulations.
  2. The Consumer has the authority to cancel the contract before the day on which the price increase starts.

5. All prices indicated for products or services include VAT.

DELIVERY AND EXECUTION:

1. CannaTrading will exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.

2. The place of delivery is at the address given by the Consumer to CannaTrading.

3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, CannaTrading will execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer will be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.

4. After repudiation in conformity with the preceding paragraph, CannaTrading shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.

5. The risk of loss and/or damage to products will be borne by Supplier until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.

PAYMENT:

1. In the event that no later date has been agreed, the payment of products and services need to be paid for before the consumer receives the products or services, unless otherwise agreed.

2. In the event of non-payment by the consumer, CannaTrading has the right, subject to statutory limitations, to charge the consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 20% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. CannaTrading may deviate from the aforementioned amounts and percentages in favour of the Consumer.

LIABILITY:

1. CannaTrading allows Suppliers to list and sell their products at www.CannaTrading.store. CannaTrading helps facilitating transactions and provides a venue for Consumers and Suppliers to complete transactions.

2. This platform and the products offered on the platform have been prepared with the highest care and skill. CannaTrading however cannot warrant that the platform is always available and that the information in the platform is complete, correct or up-to-date. In as far as permitted by mandatory law, CannaTrading cannot be held liable for damage resulting from or related to any use of the platform or the information in it. Using the platform is at Consumer’s own risk.

3. In deviation from the above, CannaTrading’s liability in connection with any product purchased through the platform is strictly limited to the purchase price paid by the Consumer for that product, unless the damage is caused by wilful recklessness and/or intent at CannaTrading’s side.

4. Any cause of action Consumer may have in relation to ordered products must be commenced within two years after the claim or cause of action arises, subject to lapse of the claim.

COMPLAINTS PROCEDURE:

1. Complaints about the performance of the contract shall be submitted fully and clearly described to CannaTrading within a reasonable time after the Consumer discovered the defects.

2. The complaints submitted to CannaTrading shall be replied as soon as possible.

DISPUTES:

Contracts between CannaTrading and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.