Terms & Conditions

GENERAL TERMS AND CONDITIONS Cannapackaging 

Definitions 

  1. Cannapackaging: Cannapackaging, established in Badhoevedorp, Chamber of Commerce no. 66737435. 2.  
  2. Customer: the party which Cannapackaging has entered into an agreement with. 
  3. Parties: Cannapackaging and customer together. 
  4. Consumer: a customer who is an individual acting for private purposes. 

Applicability 

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of  services or products by or on behalf of Cannapackaging.  
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing. 3.  
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the  customer or of third parties. 

Offers and quotations 

  1. Offers and quotations from Cannapackaging are without engagement, unless expressly stated otherwise. 2.  
  2. An offer or quotation is valid for a maximum period of 2 weeks from its date, unless another acceptance period is  stated in the offer or quotation.  
  3. If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will  lapse. 
  4. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in  writing. 

Acceptance 

Prices

  1. Upon acceptance of a quotation or offer without engagement, Cannapackaging reserves the right to withdraw the  quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.  Verbal acceptance of the customer only commits Cannapackaging after the customer has confirmed this in writing  (or electronically). 
  2. All prices used by Cannapackaging are in euros, are inclusive of VAT and exclusive of any other costs such as  administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed  otherwise. 
  3. Cannapackaging is entitled to adjust all prices for its products or services, shown in its shop, on its website or  otherwise, at any time.  
  4. Increases in the cost prices of products or parts thereof, which Cannapackaging could not foresee at the time of  making an offer or the conclusion of the agreement, may give rise to price increases.  
  5. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3,  unless the increase is the result of statutory regulation. 

Samples / models  

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is  an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied  conform to the sample or model. 

Payments and payment term 

  1. Cannapackaging may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed  amount.  
  2. The customer must have paid the full amount within 7 days after delivery of the product. 
  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount 
  4. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount  at the latest on the last day of the payment term, he is legally in default, without Cannapackaging having to send the  customer a reminder or to put him in default.  
  5. Cannapackaging reserves the right to make a delivery conditional upon immediate payment or to require adequate  security for the total amount of the services or products. 

Consequences of late payment 

  1. If the customer does not pay within the agreed term, Cannapackaging is entitled to charge an interest of 2% per  month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the  customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any  compensation to Cannapackaging.  
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
  4. If the customer does not pay on time, Cannapackaging may suspend its obligations until the customer has met his  payment obligation.  
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of  Cannapackaging on the customer are immediately due and payable.  
  6. If the customer refuses to cooperate with the performance of the agreement by Cannapackaging, he is still obliged to  pay the agreed price to Cannapackaging.  

Right of recovery of goods  

  1. As soon as the customer is in default, Cannapackaging is entitled to invoke the right of recovery with regard to the  unpaid products delivered to the customer.
  2. Cannapackaging invokes the right of recovery by means of a written or electronic announcement.
  3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return  the products concerned to Cannapackaging, unless the parties agree to make other arrangements about this.
  4. The costs for the collection or return of the products are at the expense of the customer. 

Right of withdrawal 

  1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason,  provided that
    • the product has not been used 
    • it is not a product that can spoil quickly, like food or flowers 
    • the product is not specially tailored for the consumer or adapted to its special needs 
    • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.) the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity, the product is not a separate magazine or a loose newspaper 
    • the purchase does not concern an (assignment to) urgent repair 
    • the consumer has not renounced his right of withdrawal 
  2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
    • on the day after the consumer has received the last product or part of 1 order 
    • as soon as the consumer has received the first the product of a subscription 
    • as soon as the consumer has purchased a service for the first time 
    • as soon as the consumer has confirmed the purchase of digital content via the internet 
  3. The consumer can notify his right of withdrawal via info@www.cannapackaging.eu, if desired by using the withdrawal  form that can be downloaded via the website of Cannapackaging, www.cannapackaging.eu. 4.  
  4. The consumer is obliged to return the product to Cannapackaging within 14 days after the notification of his right of  withdrawal, after which period his right of withdrawal will lapse.  

Reimbursement of delivery costs 

  1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according 
  2. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according  to the law, Cannapackaging will refund these costs to the consumer within 14 days of receipt of the timely appeal to  the right of withdrawal, provided that the consumer has returned the product to Cannapackaging in time. 2.  
  3. The costs for return are only reimbursed by Cannapackaging if the complete order is returned. 

Reimbursement of return costs 

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the  complete order will be borne by the consumer, unless the consumer returns a complete order with a minimum value  of € 50 (excluding shipping costs).  

Suspension of obligations by the customer 

  1. The customer waives the right to suspend the fulfillment of any obligation arising from this agreement. Right of retention 
  2. Cannapackaging can appeal to his right of retention of title and in that case retain the products sold by  Cannapackaging to the customer until the customer has paid all outstanding invoices with regard to Cannapackaging,  unless the customer has provided sufficient security for these payments.  
  3. The right of retention of title also applies on the basis of previous agreements from which the customer still owes  payments to Cannapackaging. 
  4. Cannapackaging is never liable for any damage that the customer may suffer as a result of using his right of retention  of title. 

Settlement  

  1. The customer waives his right to settle any debt to Cannapackaging with any claim on Cannapackaging.  Retention of title 
  2. Cannapackaging remains the owner of all delivered products until the customer has fully complied with all its  payment obligations with regard to Cannapackaging under whatever agreement with Cannapackaging including of  claims regarding the shortcomings in the performance. 
  3. Until then, Cannapackaging can invoke its retention of title and take back the goods.
  4. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise  encumber the products.
  5. If Cannapackaging invokes its retention of title, the agreement will be dissolved and Cannapackaging has the right to  claim compensation, lost profits and interest. 

Delivery 

  1. Delivery takes place while stocks last. 
  2. Delivery takes place at Cannapackaging unless the parties have agreed upon otherwise. 
  3. Delivery of products ordered online takes place at the address indicated by the customer.  
  4. If the agreed price is not paid on time, Cannapackaging has the right to suspend its obligations until the agreed price  is fully paid.  
  5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by  Cannapackaging. 

Delivery period 

  1. Any delivery period specified by Cannapackaging is indicative and does not give the customer the right to dissolution  or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.  
  2. The delivery period starts after the customer has signed the agreement to Cannapackaging and is confirmed in writing  or electronically by Cannapackaging to the customer.  
  3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the 
  4. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the  contract, unless Cannapackaging cannot deliver within [number of days late] or if the parties have agreed upon  otherwise. 

Actual delivery 

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs  

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

Packaging and shipping 

  1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the  forwarder or delivery person before receiving the product. In the absence of which Cannapackaging may not be held  liable for any damage. 
  2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the  packaging prior to the transport to Cannapackaging, failing which Cannapackaging cannot be held liable for any  damage. 

Insurance Storage 

  1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the  customer. 
  2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense. 

Guarantee 

  1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.  2.  
  2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes  made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be  established. 
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on  to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or  of a third party who receives the product for the benefit of the customer. 

Exchange 

  1. Exchange is only possible if the following conditions are met:
    • exchange takes place within 14 days after purchase upon presentation of the original invoice the product is returned in the original packaging or with the original (price) tags still attached to it  the product has not been used 
  2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer  and Seeds cannot be exchanged. 

Indemnity 

The customer indemnifies Cannapackaging against all third-party claims that are related to the products and/or  services supplied by Cannapackaging.  

Complaints 

  1. The customer must examine a product or service provided by Cannapackaging as soon as possible for possible  shortcomings. 
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the 
  3. If a delivered product or service does not comply with what the customer could reasonably expect from the  agreement, the customer must inform Cannapackaging of this as soon as possible, but in any case within 1 month  after the discovery of the shortcomings.
    • Consumers must inform Cannapackaging of this within two months after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that Cannapackaging is able to respond  adequately.  
  5. The customer must demonstrate that the complaint relates to an agreement between the parties. 6.
  6. If a complaint relates to ongoing work, this can in any case not lead to Cannapackaging being forced to perform other  work than has been agreed. 

Giving notice 

The customer must provide any notice of default to Cannapackaging in writing.

It is the responsibility of the customer that a notice of default actually reaches Cannapackaging (in time).  

Joint and several Client liabilities 

If Cannapackaging enters into an agreement with several customers, each of them shall be jointly and severally liable  for the full amounts due to Cannapackaging under that agreement.  

Liability of Cannapackaging 

Cannapackaging is only liable for any damage the customer suffers if and insofar as this damage is caused by intent  or gross negligence.  

If Cannapackaging is liable for any damage, it is only liable for direct damages that results from or is related to the  execution of an agreement. 

Cannapackaging is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to  third parties. 

If Cannapackaging is liable, its liability is limited to the amount paid by a closed (professional) liability insurance  and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to  the (part of the) invoice to which the liability relates. 

All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only  approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of  any obligation.

Expiry period 

Every right of the customer to compensation from Cannapackaging shall, in any case, expire within 12 months after  the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of  the Dutch Civil Code. 

Dissolution 

The customer has the right to dissolve the agreement if Cannapackaging imputably fails in the fulfillment of his  obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor  significance.  

If the fulfillment of the obligations by Cannapackaging is not permanent or temporarily impossible, dissolution can  only take place after Cannapackaging is in default.  

Cannapackaging has the right to dissolve the agreement with the customer, if the customer does not fully or timely  fulfill his obligations under the agreement, or if circumstances give Cannapackaging good grounds to fear that the  customer will not be able to fulfill his obligations properly.  

Force majeure 

In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Cannapackaging in the fulfillment of  any obligation to the customer cannot be attributed to Cannapackaging in any situation independent of the will of  Cannapackaging, when the fulfillment of its obligations towards the customer is prevented in whole or in part or  when the fulfillment of its obligations cannot reasonably be required from Cannapackaging.

The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such  as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other  third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, 

third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes,  government measures, unforeseen transport problems, bad weather conditions and work stoppages.

If a situation of force majeure arises as a result of which Cannapackaging cannot fulfill one or more obligations  towards the customer, these obligations will be suspended until Cannapackaging can comply with it.

From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the  agreement in writing in whole or in part.  

Cannapackaging does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any  advantages as a result of the force majeure situation. 

Modification of the agreement 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement  its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.  

Changes in the general terms and conditions 

Cannapackaging is entitled to amend or supplement these general terms and conditions.  2.  

Changes of minor importance can be made at any time.  

Major changes in content will be discussed by Cannapackaging with the customer in advance as much as possible. 4.  

Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and  conditions.  

Transfer of rights 

  1. The customer cannot transfer its rights deferring from an agreement with Cannapackaging to third parties without the  prior written consent of Cannapackaging .  
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.  

Consequences of nullity or annullability 

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other  provisions of these terms and conditions.  
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what  Cannapackaging had in mind when drafting the conditions on that issue.

Applicable law and competent court 

  1. Dutch law is exclusively applicable to all agreements between the parties.  
  2. The Dutch court in the district where Cannapackaging is established is exclusively competent in case of any disputes  between parties, unless the law prescribes otherwise. 

Drawn up on 01 april 2021.