General Terms and Conditions LegalHighs.nl

LegalHighs.nl is part of . The company is registered with the Chamber of Commerce under number and is located at Thomas R. Malthusstraat 1, 1066 JR Amsterdam

Article 1 - Definitions

In these terms and conditions shall apply:

Offer: Any written offer to the buyer to deliver products by the seller to which these conditions are inextricably linked;

Terms & Conditions: the present general terms and conditions of the seller.

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Company: The natural or legal person who acts in the exercise of a profession or business.
Consumer: The natural person who does not act in the course of a profession or business and who enters into a distance agreement with the Seller;
Day: calendar day;
Durable data carrier: Any means that enable the consumer or company to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Copper: The company or consumer who enters into a distance contract with the seller;
Agreement: The distance purchase agreement that extends to the sale and delivery of products purchased by the buyer from the seller.
Products: The products offered by the seller are chemicals for pharmaceutical purposes.
Seller: The supplier of products to the buyer.

Article 2 - Applicability

1. These general terms and conditions apply to the seller's offer and to the distance contract and order concluded between seller and buyer.
2. Accepting an offer or purchasing a product means that the buyer has accepted the seller's general terms and conditions.
3. These general terms and conditions also apply to additional, amended and follow-up agreements with the buyer. Any general and/or purchase conditions of the buyer are expressly rejected.
4. If provisions of these general terms and conditions are at any time partially or wholly null and void or destroyed, the agreement and the other provisions of these general terms and conditions will remain in force. In mutual consultation, the relevant provision will be replaced without delay by a provision that approaches the intent of the original provision as closely as possible.

Article 3 - The offer

1. The offer is without obligation, unless expressly stated otherwise in writing. The seller is entitled to change and adjust the offer. The seller is only bound by the offer if the buyer has placed an order. Nevertheless, the seller has the right to refuse an agreement with a potential buyer for reasons justified for the seller.
2. If an offer has a limited period of validity or is made under specific conditions, this will be explicitly stated in the offer.
3. The offer is only intended for buyers who are 18 years of age or older.
4. The offer contains a complete and accurate description of the products offered with associated prices. The description is sufficiently detailed so that the buyer is able to make a proper assessment of the offer. Any images are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on the seller.
5. Any images and specifications in the offer are only an indication and cannot be a reason for any compensation or dissolution of the agreement. The seller cannot guarantee that the colors in the picture exactly match the real colors of the product.

Article 4 - The Agreement

1. The agreement is concluded at the time of acceptance of the offer by the buyer and compliance with the associated conditions.
2. If the buyer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically.
3. If and insofar as this is required for the proper execution of the agreement, the seller has the right to have certain work performed by third parties at its own discretion.
4. The buyer shall ensure that all information, which the seller indicates is necessary or which the buyer should reasonably understand to be necessary for the execution of the agreement, is provided to the seller in a timely manner. If the information required for the execution of the agreement has not been provided to the seller in time, the seller has the right to suspend the execution of the agreement. The seller can – within legal frameworks – inquire whether the buyer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract, if the buyer, based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The seller is not liable for damage, of whatever nature, that has arisen because the seller relied on incorrect and/or incomplete information provided by the buyer, unless the seller was aware of this inaccuracy or incompleteness.
6. The buyer indemnifies the seller against any claims from third parties who suffer damage in connection with the execution of the agreement and which are attributable to the buyer.
7. The seller is not bound by an offer if the buyer could reasonably have expected or should have understood or should have understood that the offer contains an obvious mistake or error. The buyer cannot derive any rights from this mistake or error.
8. The right of withdrawal is excluded for the buyer being a company. The buyer, being a consumer, has the right to exercise its right of withdrawal within the statutory period. If withdrawal applies, the buyer will handle the product and packaging with care. It will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The direct costs for returning the product are for the account of the buyer.
9. If the consumer wishes to make use of the right of withdrawal, he is obliged to make this known to the buyer 14 days after receipt of the product. The consumer must make this known by sending an e-mail to (address). After the consumer has made this known, the consumer must return the product within 14 days and prove that the delivered goods have been returned in time, for example by means of proof of shipment.
10. If the consumer has paid an amount, the seller will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer, unless the consumer expressly gives permission for another payment method.
11. Products that cannot be taken back due to a limited shelf life (hygienic reasons, customization, etc.) whose seal has been broken after delivery, are excluded from the right of withdrawal. This is expressly stated in the offer.

Article 5 - Delivery and execution

1. Delivery times and terms stated in the seller's offer are indicative and if they are exceeded, they do not entitle the buyer to dissolution or compensation, unless expressly agreed otherwise.
2. If the delivery times as stated in the seller's offer are exceeded, this does not automatically mean that the seller is responsible for any termination of the agreement or damages, unless expressly agreed otherwise. However, if the delivery period is so significant that it becomes unreasonable for the buyer to maintain the agreement, the buyer has the option to terminate the agreement. In such cases, the buyer has the right to terminate the agreement if necessary.
3. If the products are delivered by the seller or an external carrier, the seller is entitled to charge any delivery costs, unless otherwise agreed in writing. These will then be invoiced separately unless expressly agreed otherwise.
4. The seller undertakes towards the buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition under normal use.
5. Unless otherwise agreed in writing, all deliveries are made including turnover tax (VAT), including packaging and packaging material.
6. Additionally, it should be noted that the seller is not responsible for the loss of a package or any customs intervention after the package has left our facility. In such cases the seller cannot be held liable. In such situations, it is advisable to consult the specific terms and conditions of the agreement between the buyer and seller to understand the rights and possible remedies in case of losses or customs delays.

Article 6 – Investigation and duty to complain

1. The buyer has the obligation to investigate and inform himself in which way the product should be used and to examine whether the products comply with the agreement upon delivery. If this is not the case, the buyer must report the complaints to the seller as soon as possible, but at the latest within 14 days after delivery, at least after observation was reasonably possible, to report the complaints to the seller via (address).
2. Complaints submitted to the seller will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the seller will answer within the period of 14 days with an indication when the consumer can expect a more detailed answer.
3. Refunds to the buyer will be processed as soon as possible, but the payment can take no later than 30 days after receipt of the return. Refunds will be made to the previously specified account number.
4. In the absence of a complete delivery, and/or if one or more products are missing, and this is attributable to the seller, the seller will, at the request of the buyer, send the missing product(s) or cancel the remaining order.

Article 7 - Price

1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the seller can offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
   • These are the result of legal regulations or provisions; or
   • The consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
5. The prices stated in the product range include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 8 - Payment

1. The buyer must make a lump sum payment to the account number and details of the seller made known to it.
2. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the seller.
3. In the event of non-payment by the consumer, the seller has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller's claims against the buyer are immediately due and payable.
5. If the buyer does not or not fully fulfill the (payment) obligations under the agreement, the seller is authorized to suspend the fulfillment of the obligations or to dissolve the agreement.

Article 9 - Retention of title

1. Ownership of the products only transfers if the buyer has fulfilled all the following obligations from all agreements concluded with the seller.
2. The buyer is not authorized to pledge the goods falling under the retention of title or to encumber them in any other way if the ownership has not yet been fully transferred.
3. If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights thereon, the buyer is obliged to inform the seller of this as soon as can reasonably be expected.

Article 10 – Conformity

1. The seller takes all measures that can reasonably be expected from it to guarantee the quality and reliability of its seller, but does not guarantee the existence of any defects in the delivered goods.
2. The seller's warranty period corresponds to the manufacturer's warranty period. However, the seller is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
3. The guarantee does not apply if:

• The consumer has repaired and / or processed the products themselves or has been repaired and / or edited by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the seller and/or have been treated on the packaging;
• The invalidity is wholly or partly the result of regulations that the government has imposed or will make regarding the nature or quality of the materials used.

Article 11 – Instructions for use

1. The buyer of products must follow the seller's safety regulations and instructions and observe the warnings.
2. Buyer must not use the product for consumption and/or household use and products must at all times be kept out of the reach of children and animals and people who are less responsible.

Article 13 - Liability

1. The seller cannot be held responsible for damage resulting from the use of the delivered products.
2. If the performance of the agreement by the seller leads to liability on the part of the seller towards the buyer or third parties, that liability is limited to the costs charged by the seller in connection with the agreement, unless the damage was caused by intent or deliberate recklessness.
3. The seller is not liable for consequential damage, indirect damage, loss of profit, lost savings and damage as a result of the use of the delivered products is excluded. A restriction applies to the consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
4. The seller is not liable if the product is used for purposes other than research purposes.

Article 14 - Force majeure

1. In the event of a force majeure situation, the seller may suspend the execution of the agreement or dissolve the agreement without judicial intervention. This must be communicated by the buyer in writing and without the seller being obliged to pay compensation, unless this is not acceptable according to the standards of reasonableness and fairness.
2. Force majeure is understood to mean any shortcoming that cannot be attributed to the seller, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.

Article 15 - Disputes

1. Only Dutch law applies to agreements between the seller and the buyer to which these general terms and conditions apply.
2. The Vienna Sales Convention is expressly excluded.