Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF CBDDONA
Update date May 1, 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
DONA BELLADONA S.L. is a Company registered in Barcelona with tax registration number B06809768 and whose main executive address is Parlament Street, 22, 1-1, 08015, Barcelona, Spain.
The website of DONA BELLADONA S.L. is https://www.cbd-dona.com (hereinafter “Website”).
By using or visiting this Website, you agree to be bound by these terms and conditions of sale and delivery (hereinafter “T&C”).
By placing an order through the Website, you will be deemed to have fully accepted these T&C.
These general conditions are available to clients and the general public on the Website
We reserve the right to update these T&C from time to time by posting the updated version at that URL. We may do so due to a change in the nature of our products or services, for technical or legal reasons, or due to a change in our business needs. If you do not agree to any amendment to our terms, you agree to immediately cease accessing and/or using the Website.
- Scope of application
1.1. These T&C apply to all offers and services of DONA BELLADONA S.L., which also acts under the commercial name and has the registered trademark CBDDONA (hereinafter “the Company” or “CBDDONA“) and in particular to all contracts concluded between CBDDONA and You (“The Client”) and, jointly referred to as “the Parties”. By placing an order, you will fully accept these T&C.
1.2. The Client declares to be over eighteen (18) years of age or to be of legal age in the country of origin at the time of placing the order through the Website. Likewise, they declare that the data provided is true, exact and complete.
1.3. Those terms and conditions that may contravene, complement or differ from these T&C will not be part of the contract unless CBDDONA has expressly agreed in writing to their application.
- Orders confirmation
2.1. The purchase order or orders must be made in writing through the site indicated on the Website.
2.2. CBDDONA will only be linked to an agreement or order after receiving confirmation of the full payment of the order.
2.3. When the Client wishes to formulate objections or special requirements regarding the content of the order confirmation, they must formulate them as soon as possible. Otherwise, the contractual commitment will be considered formalized in accordance with the order confirmation and the content stipulated therein. In any case, CBDDONA reserves the right to accept or reject aforesaid objections or requirements in relation to the request made.
- Order delivery
3.1. CBDDONA will deliver the orders to the address provided by the Client in the purchase order.
3.2. By virtue of the order made by the Client, CBDDONA will assume the organization of the transport of the order to the destination indicated by the Client.
3.3. CBDDONA may organize the transport of the order by contracting external means of transportation.
3.4. The delivery times of the order will be made as soon as possible and within three (3) and five (5) business days at the latest after the confirmation of the order, unless a force majeure event prevents CBDDONA from placing the order on time.
3.5. If CBDDONA incurs in unjustified delay and without being subject to force majeure, in the delivery of orders, the Client will only have the right to terminate the contract, and the parties must restitute, where appropriate, the benefits, without CBDDONA being in any case liable for payment of damages.
3.6. If the recipient Client or the consignee of the orders does not take charge of all or part of the order upon arrival at its destination, CBDDONA may choose between depositing the order at the Client’s risk and expense, or returning the order to its facilities. In the latter case, CBDDONA may deduct the transport costs incurred from the final price of the order.
3.7. CBDDONA will have absolute discretion to choose the travel itineraries and means of transportation to deliver the order.
4.1. The prices of the products offered by CBDDONA include VAT and shipping costs.
4.2. If nothing else has been agreed in a particular case, the prices updated at the time of entering into the contract between CBDDONA and the Client will apply.
- Payment conditions
5.1. Unless CBDDONA expressly agrees otherwise in writing, payments must be made immediately through the Website.
- Transfer of risks
6.1. The risks of loss or deterioration of the products ordered will be noticed to the Client at the time of delivery or availability.
6.2. In the event that the delivery or availability of the products is delayed for reasons attributable to the Client, the transfer of risks will occur from the moment that the delivery or availability should have taken place, in accordance with these T&C (clause 3.4) or, as agreed with the Client in writing.
- Claims regarding the products
7.1. Any obvious claims related to inconsistencies with the order placed and the order received must be made immediately in writing and attaching photographs, at the time of the delivery of the order, leaving a record of such claims on the delivery note. Any subsequent claim relating to these extremes is excluded.
7.2. Any claims related to any visible or apparent defects of the order must be notified to the Company in writing and attaching detailed photographs, as soon as possible and, in any case, within the first four (4) business days after the delivery date, always specifying the delivery note number. If the Client does not notify such defects within the indicated period, the order will be considered accepted.
7.3. Defects that only affect part of the order do not entitle the Client to reject the rest of the order placed.
- Right of withdrawal
8.1. The Client will have a maximum period of fourteen (14) days to withdraw from the contract and return the products purchased without any reason as long as the product has not been unsealed after delivery, has not been used or opened and is kept in the same conditions and in the original packaging in which it was delivered to the Client.
8.2. The period of fourteen (14) days will begin to compute from the moment the order is received by the Client or, if the delivery has been delayed for reasons attributable to the Client, from the moment in which, as agreed, the Client should have received the order.
9.1. The rights derived from a refund may only be exercised directly by the Client, without being transferred to a third party.
9.2. The rights derived from a refund may only be exercised in relation to clauses 7 and 8 of these T&C.
9.3. All the refund rights that correspond to the Client will be without effect if the Client does not comply with the stipulations of clauses 7 and/or 8 of these T&C.
9.4. In relation to an eventual request for refund based on clause 7 and/or 8 of these T&C, the Client will only be entitled to a refund of the price paid for the products to which the claim refers, as long as they have returned to CBDDONA the products purchased to which the claim refers.
- Limitation of liability
10.1. CBDDONA will not be liable for damages, whatever the legal basis of the liability (impossibility of provision, delay, defective supply, contractual breach, breach of pre-contractual obligations, tort liability, unfair actions, etc.), unless there is fraud or serious fault.
10.2. The limitation of liability of the previous clause 10.1 will not apply with respect to the violation of contractual obligations of essential nature, of damages against life and physical integrity and of those cases in which it must be answered in accordance with a rule of an imperative nature, for example, in accordance with the applicable regulations on civil liability for damages caused by defective products.
10.3. CBDDONA will only be liable, in any case, for direct damages and typically contractual damages that were foreseeable at the time of the conclusion of the contract. Any liability for lost profits is excluded.
10.4. Actions for damages against CBDDONA may only be brought by the Client, who may not transfer them to third parties.
10.5. To the maximum extent legally permitted, CBDDONA’s liability will not exceed the price the Client paid for the order.
10.6. It is the sole responsibility of the Client to consult with a physician regarding any medical or health-related conditions that may affect the Client or any other person receiving CBDDONA products (for example, without limitation, injuries, information on allergies and health problems).
- Force majeure
11.1 In the event of a case of force majeure, including but not limited to: strikes, natural disasters, epidemics, wars, rebellions, fires and in general any act that is beyond the control of CBDDONA and that prevents CBDDONA from fulfilling their contractual obligations, and in particular delivering the order, CBDDONA will be exempt from their obligation to comply while the impediment lasts and during a reasonable reactivation period, without being subject to any liability for damages to the Client. This same rule will apply when the fulfillment of CBDDONA obligations is unreasonably complicated or temporarily impossible due to unforeseeable circumstances for which CBDDONA is not responsible, and in particular labor actions, official acts, interruptions of energy supplies, obstacles to delivery by the supplier or significant interruptions of the operation.
11.2 CBDDONA will have the right to terminate the contract when any impediment of these characteristics lasts for a period of more than four months. Likewise, the Client will have the right to avail themself of their right to terminate the contract, at the moment they become aware of the cause of force majeure or event set forth in the previous clause 11.1 of these T&C, or if, on the contrary, they prefer to wait until the circumstances of force majeure cease. In the event that the Client chooses to terminate the contract, only the amounts paid for the order will be returned, without the Client being able to demand any other damage or loss or any other amount from CBDDONA.
- Intellectual and industrial property
12.1. The Client acknowledges that all the elements of the Website and of each of the Products, the information and materials contained therein, as well as the brands, logos, commercial name, the structure, selection, order and presentation of its contents, and the computer programs used in relation to them are protected by intellectual and industrial property rights of CBDDONA itself or of third parties, and that the T&C does not attribute any other right to the aforesaid industrial and intellectual property rights other than those specifically contemplated in them.
12.2. Unless authorized by CBDDONA or, as the case may be, by third-party holders of the corresponding rights, or unless legally permitted, the Client may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, put available, or allow access to the public through any form of public communication of any of the elements referred to in the preceding paragraph. The Client must use the elements referred to in the previous paragraph solely for their own needs, forcing themselves not to directly or indirectly carry out a commercial exploitation of them.
- Privacy and Personal Data Protection
- CBDDONA contact
14.1. For any incident, claim or exercise of their rights, in relation to this Website, the Client may send an email to the address GDPR@cbd-dona.com.
- Applicable law and jurisdiction
15.1. Relations between CBDDONA and the Client will be governed by general common Spanish law (Commercial Code, Civil Code, and other national regulations) and European Union law, as well as any other applicable regulations.
15.2. Any dispute or controversy that may arise between the parties in relation to these T&C and/or the contracts signed under them, will be substantiated under the Jurisdiction of the courts and tribunals of the city of Barcelona (Spain) unless a mandatory applicable law relating to the competent forum establishes another place.
15.3. Before initiating any claim, we suggest you contact us so that we can solve the problem in a friendly way, GDPR@cbd-dona.com.
16.1. In the event that a part, clause or term of these T&C is declared invalid by a Court, it will not invalidate the rest of these T&C.