GROWHIGHLIFE GENERAL CONDITIONS.
By using this website "www.growhighlife.com" and purchasing any products or services, you automatically agree to our General Terms and Conditions.
When using this website and placing an order with GrowHighLife, you declare that you are at least 18 years old. This website and all its contents are intended for adults only.
All products on our website are legal in the Netherlands. We cannot provide any information about the legal status of a product in another country. You accept the responsibility to inform yourself about your local laws, import and custom regulations before ordering and confirm that importation into the country of the products ordered is legal. By placing an order with GrowHighLife you agree to all responsibilities regarding the legality of the products delivered to you.
All cannabis products sold at GrowHighLife are intended for personal and small-scale use only. We do not supply seeds, nutrients or other growing supplies to large-scale or commercial growers. We reserve the right to refuse an order if we suspect that it is not in accordance with our terms and conditions.
GrowHighLife makes no representation that the information and products on the website are available, appropriate or legal outside the Netherlands. All information provided by GrowHighLife, through this website, links to or from other websites or by its employees via telephone, email or any other transmission is purely for educational and informational purposes. This should never be construed as a recommendation to take any specific action. Using the information for illegal activities is at your own risk. GrowHighLife cannot guarantee that the information on the website is up-to-date and accurate.
You as the customer assume full responsibility for personal injury, damages, penalties, lost profits or revenues, loss of use of the product or equipment and any loss of property that may result from the purchase, use or misuse of any product purchased at GrowHighLife. The owners, representatives and employees cannot be held liable for the actions of its customers.
GrowHighLife does not encourage the illegal use of our products. We recommend that you consult a legal advisor if you have any doubts.
Our products have no medical value. The products cannot be used as a medicine or as a substitute for medicines.
All illustrations such as photos, design, texts and logos on this website are protected by copyright. Any commercial use of this content is strictly prohibited without written permission from GrowHighLife.
All rights
Article 1. Definitions
terms
Article 2. Applicability
1. These general terms and conditions apply to all agreements, quotations and offers from GrowHighLife, to the exclusion of any (general) (delivery) conditions of the buyer.
2. Any general terms and conditions of the buyer are expressly rejected.
3. Upon request, the buyer will be sent a copy of these general terms and conditions free of charge.
4. If GrowHighLife allows deviations from these general terms and conditions for a short or longer period of time, whether tacitly or not, this does not affect its right to demand immediate and strict compliance with these terms and conditions. The buyer can never assert any rights based on the fact that GrowHighLife applies these conditions flexibly.
5. If one or more of the provisions of these general terms and conditions or any other Agreement with GrowHighLife are in conflict with a mandatory legal provision or any applicable legal provision, the provision in question will lapse and will be replaced by a provision to be determined by GrowHighLife. establish a new, legally permissible and comparable provision.
Article 3. Conclusion of agreements
1. All offers from GrowHighLife are without obligation.
2. An agreement is only concluded after acceptance of an order by GrowHighLife. GrowHighLife is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, GrowHighLife will notify this with reasons within ten working days of receipt of the order.
3. Placing an order via the webshop at the web address https://www.growhighlife.com is reserved for persons aged 18 and over. By placing an order, the customer indicates that he has reached the age of 18 or is acting with the consent of his legal representative.
Article 4. Prices and payments
1. After the conclusion of the agreement, the prices of the goods and/or services offered will not be increased, except for price changes as a result of changes in VAT rates or legal regulations or provisions. Contrary to what is stated in the previous sentence, it is possible that, if the nature of the offered so entails, there are variable prices. In that case, this and the fact that any prices stated are target prices will be stated.
2. If a price change takes place, the consumer has the right to cancel the distance contract on the day on which the price increase takes effect.
3. Outside the term of agreements, GrowHighLife expressly reserves the right to change prices, especially when this is necessary based on (legal) regulations
4. The prices stated for the products and services offered are in euros, including VAT and excluding shipping costs, other taxes or other levies, unless stated otherwise or agreed in writing.
5. Unless otherwise agreed in writing, payment will be made by prior payment of the entire amount to GrowHighLife's account or by cash payment upon delivery (payment cash on delivery). Payment must be made without discount or compensation.
6. In the event of bankruptcy, suspension of payment or placement under guardianship of the buyer, GrowHighLife's claims on the buyer and the buyer's obligations towards GrowHighLife are immediately due and payable.
7. All payments are primarily intended to pay the costs, then to pay the accrued interest and finally to pay the principal sum and current interest. GrowHighLife is entitled, without being in default, to refuse an offer of payment if the buyer designates a different order for the allocation. GrowHighLife is entitled to refuse full repayment of the principal amount if the accrued and current interest as well as the costs are not also paid.
8. If the buyer has paid an amount in advance and the agreement to which the advance payment relates is subsequently not concluded or is dissolved in accordance with paragraph 8 of Article 7, reimbursement will be made as soon as possible, but no later than within 14 days.
Article 5. Collection costs and default
1. If the buyer has not paid the agreed price in full within the set period, the buyer will be legally in default without notice of default from the date on which the payment term has expired. The buyer also owes GrowHighLife a contractual interest of 1.5% per calendar month from this date until the date of full payment on the outstanding amount. Part of a month is counted as a full month.
2. All costs, both judicial and extrajudicial, will be borne by the buyer. In the event that the buyer fails to meet his (payment) obligations, the buyer is obliged to compensate all costs that GrowHighLife must incur in order to obtain payment out of court, hereinafter referred to as 'collection costs'. These collection costs are set at a minimum of 15% of the principal amount with a minimum of € 37.00. The collection costs include the costs incurred for sending reminders and reminders, investigating an amicable settlement, consulting with the buyer, investigating the recoverability of the claims and all other costs incurred to ensure satisfaction of the buyer. to acquire. These costs are separate from the payment of other costs such as bailiff costs, court fees, salaries of representatives or lawyer/attorney, which are decided in a court judgment.
Article 6. Delivery
1. Unless otherwise agreed, delivery takes place ex wholesale or warehouse. The buyer is obliged to accept the purchased items at the time they are made available to him or are handed over to him.
2. If the buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, the items intended for delivery will be stored at the risk and expense of the buyer. In that case, the buyer will owe all additional costs.
3. If GrowHighLife requires information from the buyer in the context of the execution of the agreement, the delivery time starts after the buyer has made all necessary information available to GrowHighLife.
4. Products that are in stock will in principle be shipped by GrowHighLife within 7 days. GrowHighLife will execute accepted orders expeditiously, but at least within 14 days. If delivery is delayed either due to (temporary) out of stock or for other reasons, or if an order cannot be fulfilled or can only be partially fulfilled, the buyer will be notified of this no later than one month after he has placed the order. In that case, the buyer has the right to cancel the order without costs. If GrowHighLife has already received the payment, GrowHighLife will immediately refund the payment made.
5. If GrowHighLife has specified a delivery period, this is only indicative. A specified delivery time can therefore never be regarded as a deadline. Depending on the supply situation on the market, GrowHighLife reserves the right to suspend delivery.
6. If an order has been sent cash on delivery and has been refused by the buyer or not collected from the post office, GrowHighLife will recover the COD and administration costs incurred from the client.
Article 7. Trial period and right of withdrawal
1. If the delivered goods are not in accordance with the agreement, the buyer must report any defects or incorrectly delivered goods to GrowHighLife within a reasonable time after discovery. The buyer is obliged to inspect the delivered goods immediately upon receipt and to immediately report any defects in writing.
2. If there is a distance purchase within the meaning of art. 7:46a sub b BW, the offer will also include a trial period of at least fourteen days, starting the day after receipt by or on behalf of the consumer, unless otherwise agreed. The purchase is therefore only final when fourteen days have passed after receipt of the item.
3. During the trial period, the consumer has a right of withdrawal, whereby he has the option to return the received goods without any obligation on his part, other than in return for compensation for the direct costs of return, or to indicate that the goods offered services are not used. In cases where services are (also) offered, the right of withdrawal is defined as a cooling-off period, to which the provisions in these terms and conditions regarding the trial period apply in full.
4. Limitations or exclusions of the trial period - based on the specific nature of the goods or services in question - will be clearly stated in the offer.
5. The consumer can only invoke her right of withdrawal by informing GrowHighLife of her intention in writing or by e-mail within a period of fourteen days after receipt by or on behalf of the consumer.
6. If the consumer invokes the right of withdrawal, GrowHighLife will refund any amount already paid by the consumer within 14 days at the latest.
7. The consumer can only actually exercise his right of withdrawal if the goods in question are returned complete, undamaged, unused and in the original packaging. After invoking her right of withdrawal, the consumer must return the delivered goods to GrowHighLife within fourteen days. In that case, the costs of return shipping will be borne by the consumer.
8. If a trial period applies, the consumer's invocation of the trial period is a resolutive condition.
Article 8. Retention of title
1. All goods delivered by GrowHighLife remain the property of GrowHighLife until the buyer has fully fulfilled all his payment obligations to GrowHighLife under any agreement concluded with GrowHighLife for the delivery of goods and/or the performance of work and/ or services, including claims regarding failure to comply with such an agreement.
2. A buyer who acts as a reseller may sell and resell all items that are subject to GrowHighLife's retention of title to the extent that this is customary in the normal course of his business. If the buyer (partly) creates a new item from items delivered by GrowHighLife, the buyer only creates that item for GrowHighLife and the buyer will keep the newly formed item for GrowHighLife until the buyer has paid all amounts due under the agreement; In that case, GrowHighLife has all rights as owner of the newly formed item until full payment by the buyer.
3. Where appropriate, rights are always granted or transferred to the buyer under the condition that the buyer pays the agreed fees on time and in full.
4. GrowHighLife can retain the goods, products, property rights, data, documents, databases and (interim) results of GrowHighLife's services received or generated in the context of the agreement, despite an existing obligation to surrender, until the buyer has paid all amounts owed to GrowHighLife.
5. The buyer is not permitted to establish limited rights to matters that are subject to GrowHighLife's retention of title. If third parties (wish to) establish (limited) rights to items subject to retention of title, the buyer will immediately inform GrowHighLife of this.
6. The buyer must handle all matters that fall under GrowHighLife's retention of title as a careful debtor.
Article 9. Force majeure
1. Without prejudice to its other rights, GrowHighLife has the right, in the event of force majeure, to suspend the execution of your order, at its own discretion, or to terminate the agreement without judicial intervention, by informing the buyer in writing. to share and this without GrowHighLife being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
2. Force majeure means any shortcoming that cannot be attributed to GrowHighLife, because it is not its fault and is not or should not be its responsibility under the law, legal act or generally accepted views.
Article 10. Warranty
1. Everything stated in this article regarding the warranty of products applies without prejudice to the rights and claims that the law grants to the buyer.
2. If the delivered goods do not meet the guarantees stated by GrowHighLife and there is no gross negligence on the part of the buyer, GrowHighLife will return the goods within a reasonable period after receipt thereof or, if return is not reasonably possible, after written notification of the defect by the buyer, replaced at GrowHighLife's option by new, equivalent products or ensuring repair. In the event of replacement, the buyer undertakes now to return the replaced item to GrowHighLife and to transfer ownership thereof to GrowHighLife.
3. The aforementioned warranty does not apply if the defect has arisen as a result of improper or improper use or if, without written permission from GrowHighLife, the buyer or third parties have made or attempted to make changes to the item or have used them. for purposes for which the item is not intended.
4. The warranty (period) granted by GrowHighLife on products and electrical appliances is at all times limited to the warranty (period) issued by the manufacturer for the product or electrical appliance in question.
Article 11. Liability
1. GrowHighLife accepts no liability whatsoever for damage caused/arising from the use of products sold by GrowHighLife, either directly or indirectly.
2. If the delivered item does not correspond to what was agreed and this non-conformity is a defect within the meaning of the product liability regulations, GrowHighLife is in principle not liable for consequential damage.
3. GrowHighLife is not liable for misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between the buyer and GrowHighLife, or between GrowHighLife and third parties, insofar as affecting the relationship between the buyer and GrowHighLife, unless and insofar as there is intent or gross negligence on the part of GrowHighLife.
4. Products sold by GrowHighLife through the GrowHighLife are in no way suitable for treating, curing or preventing any disease or (physical/mental) condition.
5. The customer must refrain from (further) using products purchased through GrowHighLife:
a. when the customer suffers from high blood pressure, cardiovascular disease, diabetes or any other physical condition;
b. during pregnancy or breastfeeding;
c. in combination with MAO inhibitors or any other medicine;
d. in combination with driving a car or the use/control of (heavy) machines;
e. in case of nervousness, insomnia, decreased hunger, tremors, hard palpitations or other physical or psychological complaints. If necessary, the customer should always immediately consult a doctor.
In case of doubt about use, the customer should consult a doctor before using it and follow his advice.
6. By placing an order with GrowHighLife, the customer accepts all responsibility regarding the (il)legal status of the products that will be sent to the customer within the framework of the execution of the agreement.
7. Before the customer places an order in the GrowHighLife shop whereby the ordered products must be delivered outside the Netherlands, the customer must inform himself of the laws, import regulations and customs regulations that apply to the products to be ordered in the country of delivery. are in force. The customer declares that the import and possession of the ordered products in the country of delivery is legally permitted.
8. The customer accepts full liability for all injuries, damages, penalties, loss of income or property arising from the purchase, consumption, use and/or misuse of a product through GrowHighLife. The customer indemnifies GrowHighLife against all claims and damages in this regard.
9. The information provided by GrowHighLife via its website(s), the GrowHighLifeshop, links to or from other websites, or by GrowHighLife employees by telephone, email or any other means of communication are strictly informational. This information should never be regarded by the customer as a recommendation to take certain actions. The use of information provided by GrowHighLife for prohibited actions is entirely at the expense and risk of the customer. The customer must note that the information provided by GrowHighLife may be inaccurate, incomplete or no longer up to date.
10. Products purchased through GrowHighLife must be kept out of the reach of children (minors) by the customer.
Article 12. Dispute resolution
1. It may happen that you are not satisfied with a product and/or service. Please contact us as soon as possible, preferably by e-mail at: contact@growhighlife.com. We will respond to your complaint within 14 days at the latest.
2. If we cannot reach an agreement together, you can - upon payment of 25 euros complaint fee - submit your complaint to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP The Hague. For further information about this Disputes Committee, see: www.sgc.nl. This independent committee makes a ruling on the dispute. The committee's decision is binding. If you are (partially) found in the right, the complaint fee will be (partially) refunded to you.
3. The above does not affect the right to submit a dispute to the competent court.
4. Disputes between the consumer and GrowHighLife regarding the conclusion or execution of agreements relating to goods and services to be delivered or delivered by this company, can be submitted by both the consumer and the company to the Thuiswinkel Disputes Committee.
5. A dispute will only be processed by the Disputes Committee if the consumer has first submitted his complaint to the company within a reasonable time.
6. The dispute must be submitted in writing to the Disputes Committee no later than three months after the complaint has been submitted to the company.
7. If the consumer wants to submit a dispute to the Disputes Committee, GrowHighLife is bound by this choice. If GrowHighLife wishes to do this, the consumer must indicate in writing within five weeks of a written request made by the company whether he wishes this or whether he wants the dispute to be dealt with by the competent court. If GrowHighLife does not learn of the consumer's choice within the period of five weeks, GrowHighLife is entitled to submit the dispute to the competent court.
8. The Disputes Committee will make a decision under the conditions set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.
Article 13. Applicable law and choice of forum
1. All agreements concluded and to be concluded by GrowHighLife are exclusively governed by Dutch law. Applicability of the Vienna Sales Convention 1980 is excluded.
2. All disputes - including those that are only considered as such by one of the parties - that arise as a result of an agreement to which these conditions apply in whole or in part, or as a result of other agreements that are a consequence of such agreements, will be settled.