Terms & Conditions
Article 1: Definitions
1.1 In these general terms and conditions, the following definitions apply:
- Additional contract: a contract through which the consumer acquires products, digital content and services in relation to the distance contract and which products, digital content and services are delivered by a third party on the basis of an agreement between that third party and CANNA;
- General terms and conditions: these general terms and conditions as described below;
- Withdrawal period: the term within which the consumer may exercise his right of withdrawal;
Consumer: a natural person who is not acting in the context of practising a profession or carrying on a business;
- Day: a calendar day;
- Durable medium: any instrument, including email, that enables the consumer or CANNA to store information that is personally addressed to the consumer or CANNA in a manner that makes it possible to consult or use the information in the future for a duration that is in line with the purpose for which the information is intended, and that makes unaltered reproduction of the stored information possible;
- Right of withdrawal: the right that the consumer has within the withdrawal period to cancel the distance contract;
- Standard withdrawal form: the European Standard Withdrawal Form included in Appendix I to these general terms and conditions. Appendix I does not have to be made available if the consumer does not have a right of withdrawal with respect to his order;
- Merchant: Cashew Urban Green B.V.;
- Contract: the contract closed between the consumer and Cashew Urban Green B.V.;
Distance contract: a contract between CANNA and the consumer whereby, in the context of a system organised by CANNA for the distance selling of products and/or services, only one or more type(s) of distance communication is or are used up to and including the conclusion of the contract;
- Parties: consumer and Cashew Urban Green B.V.;
- Performances: all by Cashew Urban Green B.V. to be and/or delivered products;
- Website: the website of Cashew Urban Green B.V.: https://shop.canna.nl
Article 2: Identity Cashew Urban Green B.V.
- Cashew Urban Green B.V.
- Registered at the Dutch Chamber of Commerce under number 20083375 and with VAT-number 8055.74.797 B01.
- With its registered office at the Reduitlaan 38, 4814 DC Breda.
- Telephone number +31 76 520 1746, available between 09.00-17.00 (Monday to Thursday) and 09.00-12.30 (Friday).
Article 3: Applicability
3.1 These general terms and conditions apply to and form an integral part of every offer of Cashew Urban Green B.V. and any distance contract concluded between Cashew Urban Green B.V. and consumer. Cashew Urban Green B.V. advises the consumer to read these General Terms and Conditions carefully before the consumer closes a contract with Cashew Urban Green B.V.
3.2 The website and these general terms and conditions are available in Dutch and English and can be viewed on the website.
3.3 The text of these general terms and conditions will also be made available to the consumer prior to the conclusion of a contract. You are at all times entitled to save or print a copy of these general terms and conditions, providing that they are not modified. If it is not reasonably possible to make these general terms and conditions available to the consumer, the consumer will be informed prior to the conclusion of the contract that the general terms and conditions can be inspected at CANNA’s premises and that, at the request of the consumer, they will be sent as soon as possible free of charge.
3.4 If a distance contract is concluded by electronic means, the text of these general terms and conditions, notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, may be made available to the consumer by electronic means in such a way as to make it easy for the consumer to store the text on a durable medium. If doing so is not reasonably possible, the consumer will be informed prior to the conclusion of the distance contract of the location at which the general terms and conditions can be inspected by electronic means and that, at the request of the consumer, they will be sent by electronic means or by different means free of charge.
3.5 In the event that specific product or service conditions apply in addition to these general terms and conditions, the third and fourth paragraphs will apply mutatis mutandis and, in the event of contradictory general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to the consumer.
3.6 If any of the provisions of these general terms and conditions is deemed not valid, the other provisions herein will remain applicable and in force.
3.7 If any of the provisions of these general terms and conditions is declared void or is nullified, parties will negotiate new provisions to replace such void or nullified provisions which are line with the remaining valid provisions.
3.8 Any order of products or services will imply full and unreserved acceptance of these general terms and conditions. Your order moreover implies consultation and knowledge of the general terms and conditions.
3.9 These general terms and conditions come into effect as from August 1st, 2019. We reserve the right to change the general terms and conditions without notice and at any time. The general terms and conditions posted on the website and/or provided to you at the time of placing your order will govern that particular order and the resulting contract.
Article 4: The offer
4.1 Each by Cashew Urban Green B.V. offer made is always non-committal and does not bind Cahsew Urban Green B.V.
4.2 With regard to the prices as mentioned in any offer, the terms of Article 12 apply.
4.3 The delivery times are only an approximation.
4.4 If an offer is valid as long as it is displayed on the website or for a limited period of time which will be explicitly specified in the offer or if an offer is made subject to conditions, this will be expressly stated in the offer.
4.5 The offer will contain a complete and accurate description of the products and/or services offered. The description will be sufficiently detailed to make it possible for the consumer to properly assess the offer. If CANNA uses images, these images will be true representations of the products and/or services offered. However, the actual products and services may be different from what is presented on the Website. We will not be responsible for any typographical or other errors in such information. Obvious mistakes or errors in the offer will not bind CANNA.
4.6 Each offer will contain information that clearly provides the rights and obligations forming part of acceptance of the offer to the consumer.
4.7 Cashew Urban Green B.V. has the right to refuse an order or to attach conditions to the delivery. If Cashew Urban Green B.V. refuses an order, the amount paid by the customer will be returned as soon as possible.
Article 5: The contract
5.1 Subject to the provisions of Article 4, a contract is concluded when the consumer accepts the offer and the applicable conditions are met. Prior to accepting the offer, the consumer will be requested to review the details of the order, and CANNA will provide these general terms and conditions for consultation, saving and printing. The consumer accepts the offer, including these general terms and conditions, by clicking on the Order-and-Pay button.
5.2 If the consumer has accepted the offer by electronic means, CANNA must confirm receipt of the acceptance of the offer by electronic means without delay. A summary of the confirmation can be saved and printed by you. As long as receipt of this acceptance has not been confirmed, the consumer may terminate the contract without costs and without affecting the consumer’s right of withdrawal as laid down in Article.
5.3 If a contract is concluded by electronic means, CANNA will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer is able to pay electronically, CANNA will comply with appropriate security measures that are in place for the purpose of electronic payment.
5.4 Within the statutory parameters, CANNA may ascertain whether the consumer is capable of meeting his payment obligations and may also apprise itself of all facts and factors that are relevant to entering into a distance contract in a responsible manner. If, based on this investigation, CANNA has good reasons for not entering into a distance contract, it will be entitled to refuse an order or a request, which refusal must be substantiated, or it may attach special conditions to the execution of an order or a request.
5.5 No later than on delivery of the product or provision of the service to the consumer, CANNA will provide the following information, in writing or in a form that makes it possible for the consumer to store the information in an accessible manner on a durable medium:
- the address of the CANNA business location that the consumer can contact or visit in the event of complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal or a clear notification that the right of withdrawal does not apply;
- information about after-sales services and guarantees;
- the price, including all taxes, the costs of delivery to the extent applicable and the method of payment, delivery and performance of the contract;
- if the consumer has a right of withdrawal, the model withdrawal form.
5.6 If CANNA has undertaken to deliver a series of products, the provisions of the preceding paragraph only apply to the first delivery.
5.7 In the event one or more products and/or services are unavailable once the order has been placed, CANNA will inform the consumer as soon as possible. The price of the order will be recalculated and the consumer will debited a the new amount, with the price of the unavailable item deducted. In case the consumer already made a payment, CANNA will refund the excessive amount without undue delay.
5.8 The consumer is solely responsible for the correct and complete provision of information necessary for CANNA to accept and complete your order, including but not limited to information about your address, payment details and contract information. CANNA cannot accept any liability for any error or inaccuracy in your order.
Article 6: Right of withdrawal with respect to the delivery of products
6.1 The consumer may terminate a distance contract that relates to the purchase of a product without giving reasons within a withdrawal period of 14 days.
6.2 The withdrawal period referred to in paragraph 1 commences on the day after the one on which the consumer, or a third party designated by the consumer in advance who is not the carrier, received the product, or:
- if the consumer placed a single order for several products: on the day on which the consumer or a third party designated by the consumer receives the last product. Provided that CANNA informed the consumer in a clear manner prior to the order process, CANNA may refuse an order for several products with different delivery times;
- if the delivery of a product consists of different consignments or parts: on the day on which the consumer or a third party designated by the consumer receives the last consignment or the last part;
- In the case of contracts for the regular delivery of products for a certain period of time: on the day on which the consumer or a third party designated by the consumer receives the first product.
6.3 The right of withdrawal does not apply to personalized items.
Article 7: Obligations of the consumer during the withdrawal period
7.1 During the withdrawal period, the consumer must handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle in this regard is that the consumer may only inspect and use the product in the way that he would be allowed to do in a physical shop.
7.2 The consumer will only be liable for a decrease in the value of the product that is the consequence of the product having been handled in a manner over and above the manner described in paragraph 1.
Article 8: The consumer’s exercise of the right of withdrawal and associated costs
8.1 If the consumer elects to exercise his right of withdrawal, he must, within the withdrawal period, use the model withdrawal form or another unequivocal means of giving notice to CANNA that he is exercising this right.
8.2 The consumer must return the product or hand the product over to CANNA or to an authorised representative of CANNA as soon as possible and in any case within 14 days of the day following the one on which the notice referred to in paragraph 1 was given. The consumer does not need to do this if CANNA has offered to collect the product. The consumer will in any case have complied with the term for returning the product if he returns the product prior to the end of the withdrawal period.
8.3 The consumer must return the product and all accessories delivered in the original state and packaging if reasonably possible and in accordance with CANNA’s reasonable and clear instructions.
8.4 The risk and burden of proof with respect to the proper exercise of the right of withdrawal within the applicable period of time lies with the consumer.
8.5 The consumer will bear the direct costs of returning the product. The consumer will not be required to bear the costs of returning the product if CANNA has not stated that the consumer must bear these costs or if CANNA states that it will bear these costs.
8.6 If the consumer invokes his right of withdrawal, all additional contracts are automatically terminated.
Article 9: Obligations of CANNA in the event of withdrawal
9.1 CANNA will send confirmation of receipt of the notice of withdrawal without delay after receiving this notice.
9.2 CANNA will reimburse all payments made by the consumer, including any delivery costs charged by CANNA, for the returned product without delay and in any case within 14 days following the day on which the consumer gives notice that the right of withdrawal is being exercised. Unless CANNA offers to collect the product, it may defer repayment until it has received the product or until the consumer has shown that he has sent the product back, whichever event occurs first. If the consumer opted for a delivery method that was more expensive than the most inexpensive standard delivery method, CANNA will not be required to repay the additional costs of the more expensive method.
9.3 To effect repayment, CANNA will use the same method of payment that the consumer used, unless the consumer agrees to a different method. The repayment will take place at no cost to the consumer.
Article 10: performance of parties
10.1 CANNA is not obliged to carry out or deliver performances itself and reserves the right to outsource such obligations to another party.
Article 11: Delivery and execution
11.1 CANNA will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
11.2 The delivery location is the address that the consumer has made known to CANNA. CANNA delivers in the Netherlands. CANNA reserves the right to suspend or cancel the order if a delivery address has been submitted which is not located in these countries.
11.3 Delivery times are only an approximation and are not to be regarded as a deadline.
11.4 Delivery times are determined on the basis of the reasonable expectations that CANNA is able to carry out its tasks under the circumstances as were in place during the offer or the conclusion of the agreement. Delays due to the failure to meet these expectations do not result in any shortcomings in compliance.
11.5 With due observance of the relevant provisions of Article 4 of these general terms and conditions, CANNA will execute accepted orders expeditiously and in any case within 30 days, unless a different delivery period has been agreed. If the delivery is delayed or if the order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after the consumer placed the order. The consumer will in that case have the right to terminate the contract without incurring costs and will possibly be entitled to compensation.
11.6 Following termination in accordance with the preceding paragraph, CANNA will pay back the amount paid by the consumer without delay.
11.7 The risk of damage to and/or the loss of products lies with CANNA until the time at which the products are delivered to the consumer or to a representative designated and made known to CANNA in advance, unless otherwise expressly agreed.
11.8 Purchase is deemed to have been refused if the products ordered have been offered for delivery but delivery has proved impossible. The day on which the purchase was refused counts as the day of delivery.
11.9 Return shipments are for the account and risk of the consumer.
Article 12: The price
12.1 The prices of our products and/or services presented on the website are in Euro and include VAT.
12.2 The prices of our products and/or services presented on the website exclude shipping charges.
12.3 Price increases during the term of the offer are only permitted if they are the result of statutory regulations or provisions.
Article 13: Payment
13.1 Insofar as not otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days following the commencement of the withdrawal period or, if a withdrawal period does not apply, within 14 days following the conclusion of the contract.
13.2 The following payment methods are accepted by CANNA: iDeal, credit card, Klarna and payment via invoice.
13.3 If the payment term is exceeded, a contractual interest will be due from the invoice date at the statutory commercial interest rate.
13.5 CANNA is entitled to suspend its obligations if the consumer fails to meet or has not fulfilled its payment obligations.
13.6 All outstanding amounts are immediately due and payable in the event of late payment of an agreed period or if the consumer becomes bankrupt.
13.7 If the consumer fails to fulfil his payment obligations on time, the consumer, after he has been informed by CANNA of the late payment and CANNA has granted the consumer an additional term of 14 days within which to fulfil his payment obligations and the Consumer still fails to fulfil his payment obligations within this additional term of 14 days, will owe statutory interest on the amount still owed and CANNA will be entitled to charge the extrajudicial collection costs that it incurs. These costs are: 15% regarding an amount up to €2,500; 10% regarding the following €2,500 and 5% regarding the following €5,000 with a minimum of €40.
13.8 If the consumer fails to meet his payment obligations (in time), Cashew Urban Green B.V. may assign the relevant claim to a third party.
Article 14: Liability
14.1 Without prejudice to any rights consumer might have, and to any restrictions imposed on the limitations of liability stated below by the laws of your country of domicile and thus to the extent permitted by law, CANNA will not accept liability for:
- any interruption to the website;
- any damage or loss resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the website;
- non-fulfilment of orders due to stock shortages;
- products not obtained via the website;
- products damaged by normal wear and tear; or
- products that have exceeded the reasonable lifespan of the product.
14.2 In addition, Cashew Urban Green B.V. is not liable for damage not caused by Cashew Urband Green B.V.
Article 15: Force majeure
15.1 If Cashew Urban Green B.V. is obstructed from (further) executing the contract due to circumstances beyond its control, of a temporary or permanent nature, Cashew Urban Green B.V. is entitled, without any obligation to pay compensation, to dissolve the contract in whole or in part without judicial intervention, or to suspend the execution of the contract.
In case of suspension, Cashew Urban Green B.V. will remain entitled to declare the contract partially or completely dissolved. In the event of a force majeure situation, Cashew Urban Green B.V. will notify the other party immediately and will keep the other party informed about the developments of the force majeure situation.
15.2 Force majeure is in any case understood to mean any situation in which CANNA cannot exercise any influence and as a result of which it cannot reasonably fulfill its obligations, as well as, if not already included, government measures, quotas, (industrial strike, (civil) war, danger of war, riot, occupation, illness, molestation, fire, water damage, flood) , company occupation, defective machinery, disruptions in the supply of energy, storage and transport difficulties, suppliers' default on the goods required for the delivery of products from CANNA and furthermore all circumstances, in which there is no reasonable reason (anymore) CANNA can be expected to (further) fulfill its obligations towards the other party.
Article 16: Mutual rights and obligations
16.1 The parties undertake to provide each other in a timely manner with all relevant and necessary information that can reasonably be required in the context of proper compliance.
16.2 If the information referred to in paragraph 1 is not or timely not available, Cashew Urban Green B.V. reserves the right to suspend the execution of the contract. If this entails additional costs, these can be charged to customer.
Article 17: Compliance with the contract and additional guarantee
17.1 CANNA guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements regarding reliability and/or usability and the statutory provisions and/or government regulations in force on the date on which the contract was concluded. If so agreed, CANNA also guarantees that the product is suitable for other than normal use.
17.2 An additional guarantee provided by CANNA may never limit the legal rights and claims that the Consumer may enforce against CANNA by virtue of the contract if CANNA fails to perform its part of the contract.
17.3 An additional guarantee means each obligation assumed by CANNA under which CANNA grants the consumer certain rights or claims that, in terms of scope, exceed those that CANNA is required to grant by law if it has failed to perform its part of the contract.
Article 18: Interim termination
18.1 If the consumer fails to fulfill one or more obligations from the contract, as well as the bankruptcy of the consumer is filed by the consumer or by someone else, or the consumer loses its free possession of his assets, Cashew Urban Green B.V. is entitled to immediately suspend the contract, without notice of default and/or juridical intervention, insofar as it has not yet been executed, by means of cancellation or dissolution.
Any and every amount owed by the consumer is immediately due and payable in full. Products already delivered by Cashew Urban Green B.V., but have not yet been paid for, have to be collected at first request of Cashew Urban Green B.V., and unabated the right of Cashew Urban Green B.V. to compensation for damage, costs and interests.
Article 19: Intellectual property
19.1 The website and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, icons, graphics, products, associated products, etc. to be found in the website are the exclusive property of CANNA, its affiliated companies, its licensors or its content providers. CANNA does not grant any license or any entitlement to consumers or any third parties other than that of consulting the website. Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only, for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited.
Article 20: Complaints procedure
20.1 CANNA has a complaints procedure which has been made available to the consumer and will act upon any complaints in line with this procedure.
20.2 Complaints about the performance of the contract must be fully and clearly described and submitted to CANNA within a reasonable period of time following the consumer’s discovery of the shortcomings.
20.3 A reply to a complaint submitted to CANNA will be provided within a term of 14 days following the date on which the complaint was received. If more time is foreseeably required to handle a complaint, CANNA will reply within the term of 14 days to confirm receipt and provide an indication of when the consumer may expect a more comprehensive reply.
20.4 The consumer must in any case give CANNA 4 weeks to resolve the complaint in joint consultation.
Article 21: Disputes
21.1 Disputes between CANNA and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 22: Additional or deviating provisions
22.1 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 in an accessible manner on a durable medium by the consumer.
APPENDIX I: model withdrawal form
Model withdrawal form
(Only complete and return this form if you wish to withdraw from the contract.)
Aan: Cashew Urban Green B.V.
4200 EB Gorinchem
I / We* hereby give notice that I / we* withdraw from my / our contract of sale of the following goods / for the provision of the following service *,
de levering van de volgende digitale inhoud: [aanduiding digitale inhoud]*
de verrichting van de volgende dienst: [aanduiding dienst]*, herroep/herroepen*
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.