Terms of use
Weed Strainz is an online smartshop. www.weedstrainz.com provides its services subject to the following conditions:. By visiting or shopping within this website, you agree to abide by these Terms & Conditions.
Use of the website, including searching or placing an order on Weed Strainz, is intended solely for consenting adults. By using this website, you confirm that you are at least 18 years of age or older.
For customers from the United Kingdom: This Agreement will be governed by and interpreted according to the laws of England and Wales. Any disputes that arise under the Agreement, including those that are not related to contracts, will be subject to the exclusive jurisdiction of the courts in England and Wales.
The following definitions apply in these terms and conditions:
- Supplementary agreement: an agreement in which a consumer obtains products, digital content, and/or services via a distance contract and a trader or a third party delivers these products, digital content, and/or services in accordance with an agreement between that third party and the trader;
- Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
- Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
- Day: calendar day;
- Digital content: data that is produced and supplied in digital form;
- Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
- Durable medium: every means, including emails, that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended and which facilitates the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
- Trader: a natural or legal person who offers products, (access to) digital content, and/or services to consumers from a distance;
- Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content, and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
- Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order.
- Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract without the necessity of the consumer and trader being in the same place at the same time.
ARTICLE 2 – IDENTITY OF THE TRADER
Our main office (no visitors, no sales and no physical shop) address is:
Address: Große Hamburger Str. 35, 10115 Berlin, Germany
This address houses our main office. Purchases, visits or transactions are not possible at this location.
Should the activity of the trader be subject to a relevant licensing system: the data of the supervising authority.
Should the trader practice a regulated profession?
- the professional association or organization with which he is affiliated;
- the professional title, the town/city in the EU or EEA where this was granted;
- a reference to the professional rules that apply in Germany and instructions as to where and how these professional rules can be accessed.
Article 3: Applicability
- These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between a trader and a consumer.
- Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that, at his request, they will be sent to the consumer free of charge, either electronically or in some other way.
- In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
Article 4: The Offer
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- 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 make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
- Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
Article 5: The Contract
- The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
- If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data, and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
- The trader may obtain information—within statutory frameworks—about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
- The trader will send to a consumer, at the latest, when delivering a product, service or digital content, the following information, in writing or in such a way that the consumer can store it on an accessible, durable medium:In case of an extended-duration contract, the stipulation in the previous paragraph applies only to the first delivery.
- the office address of the trader’s business location, where the consumer can lodge complaints;
- the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
- information on guarantees and existing after-sales service;
- the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
- the requirements for terminating the contract if the duration of the contract exceeds one year or if it is indefinite;
- if the consumer has a right of withdrawal, the model form for right of withdrawal.
- In case of an extended-duration contract, the stipulation in the previous paragraph applies only to the first delivery.
Article 6: Right Of Withdrawal
Upon delivery of products:
- When purchasing products, a consumer has the right to dissolve a contract without giving reasons during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
- The period stipulated in Paragraph . 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer who is not the transporting party, or:
- if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informs the consumer of this prior to the ordering process.
- if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
- with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.
Upon delivery of services and digital content that is not supplied on a material medium:
- A consumer has the right to dissolve a contract without giving reasons for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
- The period stipulated in Paragraph . 3 commences on the day after the contract was concluded.
Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
- If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period, based on the previous paragraphs of this article.
- If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.
Article 7: Consumers’ Obligations During The Withdrawal Period
- During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess its nature, characteristics and efficacy. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
- The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in Paragraph . 1.
- The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
ARTICLE 8 – CONSUMERS WHO EXERCISE THEIR RIGHT OF WITHDRAWAL AND THE COSTS INVOLVED
- A consumer who wants to exercise his right of withdrawal shall report this to the trader within the withdrawal period by means of the model form for right of withdrawal or in some other unequivocal way.
- As quickly as possible, but no later than 14 days after the day of reporting as referred to in Paragraph . 1, the consumer shall return the product or hand it over to a representative of the trader. This is not necessary if the trader has offered to collect the product himself. In any case, the consumer will have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
- The consumer returns the product with all relevant accessories, if reasonably possible, in the original state and packaging and in accordance with the reasonable and clear instructions provided by the trader.
- The risk and burden of proof for exercising the right of withdrawal correctly and in time rest with the consumer.
- The consumer bears the direct cost of returning the product. If the trader has not declared that the consumer shall bear these costs, or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
- If the consumer exercises his right of withdrawal after first explicitly having asked that the service provided or the delivery of gas, water, or electricity not prepared for sale be implemented in a limited volume or a given quantity during the period of withdrawal, the consumer shall owe the trader a sum of money that is equivalent to that proportion of the contract that the trader has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
- The consumer shall bear no costs for implementing services or the supply of water, gas, or electricity not prepared for sale—in a limited volume or quantity—or for delivering city central heating if:
- The trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal, the costs payable in the event of withdrawal, or the model form for the right of withdrawal, or:
- The consumer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity, or city central heating during the period of withdrawal.
- The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium if:
- prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal.
- he did not acknowledge having lost his right of withdrawal upon granting his permission; or
- the trader neglected to confirm this statement made by the consumer.
- If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
Article 9: Traders’ Obligations In A Case Of Withdrawal
- If a seller allows a customer to request a refund through online methods, they must promptly acknowledge receipt of such a request.
- The consumer will be promptly reimbursed by the trader for all payments made, including any delivery charges that were applied to the returned item. This reimbursement will be made within a maximum of 14 days after the consumer has notified the trader of their decision to withdraw from the purchase. However, if the trader has offered to collect the product themselves, they may delay the refund until they have received the item or until the consumer provides proof of return, whichever happens first.
- If a consumer needs to be reimbursed, the trader will use the same payment method that the consumer initially used, unless the consumer agrees to a different method. The consumer will not be charged any fees for the reimbursement.
- The trader is not obligated to reimburse the customer for any extra expenses incurred if they decide to opt for a pricier delivery option instead of the standard and cheaper one.