Terms & Conditions for sale & delivery
1. About CBD Oil Europe
1.1 Company details
We are CBD Consultancy Group B.V. trading as CBD Oil Europe. Our business is registered in The Netherlands and our office address is at Voltaweg 11D, 4382NG Vlissingen. Please find our website on https://www.cbdoileurope.com.
1.2 Contacting us
You can send us an e-mail at email@example.com or give us a call, our phone number is +31 (0) 64 0690002.
2. Our contract with you
Our terms and conditions will apply to your order and the supply of goods by CBD Oil Europe to you, our client. Subject to clause 5.1 there are no other terms implied by trade, custom, practice or course of dealing.
2.2 Entire agreement
By acknowledging this entire agreement you hereby declare a non-reliance on any assurance, representation, warranty or statement which is not included in the terms.
The terms and conditions and other similar documents are available in the English language.
2.4 Your copy
We advise you to print a physical copy of the Terms and Conditions or download a digital copy to your hard drive. You might need this in the future.
3. Placing and confirming an order
3.1 Requesting an estimate
You can request a quote (or quotation) by contacting CBD Oil Europe by email or phone (please refer to clause 1.2 for out contact details).
3.2 Accepting an estimate
After we ascertain your specific needs we will create a tailor made estimate for you based on your order size and the product requested. This is only a price indication and is subject to change due to product availability and/or supply chain issues. We will let you know the expected lead time so you can decide whether to proceed.
3.3 Placing an order
Once you’ve accepted our estimate we will prepare a proforma invoice/sales order for you and guarantee the price specified for a period of 14 days.
Your proforma invoice/sales order contains instructions for making your payment. All payments should be made via bank transfer. If you are in a rush and want your order placed into the production queue before payment has cleared, please discuss in advance with your sales rep and email us your proof of payment.
3.5 Acknowledging payment
After the full payment of your order has been verified by us we will send you a confirmation email stating that we have successfully received your payment and your order is being processed.
3.6 If we cannot process your order
If for some reason we are not able to fulfil your order we will quickly contact you by phone or email to discuss the best possible solution.
4. Our products
4.1 Weights & measurements
Our team will always be committed to be as precise and accurate as possible. However, please bear in mind that all weights and measurements stated on our website have a 10% tolerance margin.
4.2 Specification of goods
CBD Oil Europe reserves the right to amend the specification of products if required by any regulatory requirement and/or applicable statutory.
4.3 Product descriptions
We ensure that the goods you will receive match the product specification supplied or that they match the description on your proforma/invoice. Any promises regarding quality, specification or other changes to our standard products made via email or verbally that are not transferred in writing onto the proforma invoice shall not be warranted for any future claim, except at our discretion. It is your responsibility to double check the sales order/proforma invoice to ensure all your requirements are in writing.
4.4 Deviation from our standard offering
CBD Oil Europe guarantees the quality of the products and glassware that we supply in our white label and private label program that has been subject to our internal due diligence. We do not accept any responsibility for any deviations from our standard operating procedures for example – clients who supply custom glassware, or for custom formulations not in our product catalogue.
5. Delivery, transfer of risk and title
5.1 Incoterms CIP (inside EU)
For delivery, transfer of risk and title inside the EU the rules of Incoterms CIP are applied. In Carriage and Insurance Paid To (CIP), the seller assumes all risk until the goods are delivered to the first carrier at the place of shipment—not the place of destination. Once the goods are delivered to the first carrier, the buyer is responsible for all risks.
5.2 Incoterms Ex Works (outside EU)
For delivery, transfer of risk and title outside the EU the rules of Incoterms Ex Works (EXW Rule) are applied. EXW means that the seller has the goods ready for collection at its location (factory, warehouse, factory) on the agreed date.
5.3 Collection address
Your order must be collected from the shipping address set out in the invoice.
5.4 Completion of Delivery
The delivery can be considered complete once your order has been collected by you or a carrier organised by you to collect the delivery. The delivered products will be at your risk from the time of collection.
The responsibility for the exportation and custom clearance of your order will be for you, the client. You will undertake to submit to the competent authorities any and all necessary documents to export your order from the Collection Point and import the goods into any relevant jurisdiction, as well as to provide us with all the documents proving the exportation of the goods should we require you to do so.
5.6 Owner of the product
You own the delivered products from the time you have successfully collected your order.
5.7 Collection failure
If for any reason you do not collect your order within 14 days from the date of collection availability CBD Oil Europe reserves the right to charge a reasonable storage fee on a daily basis. If you fail to collect your order within 90 days we reserve the right to dispose of the products and charge you with an additional fee.
6.1 Paying with bank transfer
Unless there are exceptional circumstances in place you can only pay for your order by means of (digital) bank transfer.
6.2 Payments in advance
All orders must be paid in advance before we can start processing your order.
7.1 Compliance with business to business laws, regulations and standards
Your order is intended to be provided on a business to business basis, and we warrant that the products of your order comply with all laws, regulations and standards applicable to sales from business to business. We do not warrant that your order will comply with any laws, regulations or standards applicable to sales from business to consumer.
7.2 Laws, regulations and standards
You are responsible for placing and selling the products of your order in the market. If you do so, you are responsible for ensuring that the products comply with all laws, regulations and standards applicable for those purposes. We cannot provide you with any warranties in this regard.
7.3 Warranty for your products
Please check all goods received immediately on delivery. If the package is damaged or appears to have been opened, please take a photograph of the packaging so we can use this for any insurance claims. Contact us immediately if anything is amiss with your order so we can help resolve the problem.
7.4 Subject to clause 7.5, if:
(a) you give us notice in writing within a reasonable time (after 10 days the shipment is considered as accepted and no refund or returns will be considered after this time) of discovery that some or all of the goods do not comply with the warranty set out in clause 7.3;
(b) we are given a reasonable opportunity of examining the goods; and
(c) if we ask you to do so, you return the goods to us at your cost, we will, at our option, replace the defective goods, or refund the price of the defective goods in full as well as the cost of returning the goods to us.
7.5 Non-liability for breach of warranty if:
We will not be liable for breach of the warranty set out in clause 7.3 if:
(a) you make any further use of the product after giving us a notice under clause 7.4;
(b) the issue with the product is the result of us following any instructions provided by you;
(c) you alter or tamper in any way with the products without our consent;
(d) the issue is the result of damage inflicted on purpose, due to negligence or unrecommended storage; or
(e) the products do not match their description or specification as a result of changes made to ensure they are compliant with any regulatory requirements and/or applicable statutory.
7.6 Failure to comply
We will only be liable to you for the product’s issue to comply with the warranty set out in clause 7 to the extent set out in this clause 7.
7.7 Replacement products
Please be aware that the above mentioned terms also apply to any replacement products that we supply.
References to liability in this clause include every kind of liability arising under or in connection with this agreement. This includes but is not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be limited or excluded by law.
8.3 Subject to clause, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of goodwill; or
(d) any indirect or consequential loss.
8.4 Total liability
Subject to clause 8.2, our total liability to you for all losses arising under or in connection with the terms will in no circumstances exceed the price of the goods.
8.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the goods.
Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.
9. Events outside our control
9.1 Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the terms that is caused by any act or event beyond our reasonable control (event outside our control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the collection date for the goods, we will arrange a new collection date with you after the Event Outside Our Control is over.
10.1 Communication “in writing”
When we refer to “in writing” in these terms, this includes sending an email (to firstname.lastname@example.org).
10.2 Delivery of communication
Any notice or other communication given by one of us to the other under or in connection with the terms must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
10.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
10.4 Proof of delivery
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Any variation of these terms only applies if it is in writing and signed by you and us (or our respective authorized representatives).
If we do not insist that you perform any of your obligations under the terms, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.4 Third party rights
Any contract or agreement made is between you and us. No other party or individual has any rights to enforce any of their own terms.
11.5 Governing law & jurisdiction
These terms & this contract/agreement is governed by The Netherlands law and each party irrevocably agrees to submit all disputes arising out of or in connection with these terms to the exclusive jurisdiction of The Netherlands courts.
Questions? Contact us!
Feel free to reach out to us via our contact page, email or phone. We will be happy to answer any questions you have about these terms, our services and/or products or anything else you need help with.