General terms and conditions of business
This document contains the general terms and conditions of the contract for the use of information services and content available through the website www.hemp-de.com, including the provisions of the distance contract that can be concluded through the services of the online store www.hemp-de.com, hereinafter referred to as the “Contract”.
I. Definitions
Article 1. (1) For the application and interpretation of these General Terms and Conditions, the terms and expressions used shall have the following meaning:
- “Service provider for the storage of third-party information” is the natural or legal person who provides hosting services.
- “Service provider” is the company with the email address: office@hempfarms.bg
- “Service Provider’s online store” (“Online Store”) is a collection of web pages accessible through the website www.hemp-de.com through which a distance contract is concluded between the Service Provider and a specific User for selected goods.
- “Information system” means any specific device or combination of interconnected devices, at least one of which is designed to store, send or receive electronic documents.
- “Shopping Cart” is a graphic element on the website www.hemp-de.com that displays the data on the goods selected by the User that will be the subject of the order.
- “Mobile device” means a portable device that performs the functions of a computer and includes, but is not limited to, the following hardware and software components: microprocessor; chipset; random access memory; data storage space; a touchscreen with a diagonal screen size of 7 inches or less (17.78 cm) capable of displaying color, text, and images and/or a keyboard; operating system; applications; internet connection or wireless connection to a service provider’s telecommunications network, and others. Mobile devices include, but are not limited to, smartphones, tablets with a diagonal screen size of 7 inches or less, and others.
- “Unlawful acts” are acts and/or omissions that cause harm to persons using electronic communications networks and services, including sending unsolicited commercial messages in violation of applicable laws (spam), overloading channels (flooding), unauthorized access to resources through the use of third-party rights or passwords obtained unlawfully, exploiting system errors for one’s own or third-party benefits or retrieving information, disrupting the normal functioning of other Internet users or other electronic communications networks, committing criminal offenses, including but not limited to, damaging or destroying third-party property through unauthorized access to computer systems or information databases, computer fraud, introducing a computer virus into computer programs or systems such as Trojan horses, remote control systems, and more, as well as other acts that may be classified as unlawful damage or administrative offenses.
- “Order” means filling in the personal data required for registration or using a prior registration of the User; confirmation by the User that he/she is familiar with the content of these Terms and Conditions, agrees to them and undertakes to comply with them; selecting a payment method and pressing the “Order” button in the Service Provider’s online store, whereby the User submits an electronic declaration within the meaning of the Act on Electronic Documents and Electronic Signatures and makes an offer to the Service Provider to conclude a distance contract for specifically selected Goods.
- “User” means a natural person who, in any form, uses the services or content offered through the website www.hemp-de.com for personal purposes, including a person who has concluded a distance contract through the services of the Service Provider’s online store.
- “Force majeure” is an insurmountable and unforeseeable event of an extraordinary nature that was not foreseeable at the time the contract was concluded and that makes the provision of the services objectively impossible.
- “Shared hosting services” include, among others, the provision of free disk space in the infrastructure of a service provider for storing third-party information; the provision of access to an administrative panel for publications; the processing and management of information stored in the provided disk space; the use of email; the provision of parameters related to the provision of the contractual service between the service provider and the provider of third-party information storage services; the provision of technical support services; the provision of a control panel for managing user subscriptions and registrations, and others.
- “Goods” are movable goods offered by the Service Provider for a fee via the Service Provider’s online shop.
- "Content" means any text, image, sound, video, multimedia or other audio and/or audiovisual material, link tag or other material, information or digital content, including expressed opinions and/or views, published on the website www.hemp-de.com by the Service Provider on a server of a provider of third-party information storage services, which are not delivered on a physical carrier and which are accessed via the website www.hemp-de.com.
- “Web page” means a hypertext document containing files, images, audio, video and/or audiovisual and other content accessible via a standardized resource address (URL).
- “Website” means a collection of web pages containing text, sound, images, electronic links, computer programs (software) or other materials and resources available on the Internet and accessible via a standardized resource address (URL) in an electronic communications network using the hypertext transmission protocol (http/https).
- “The Website” www.hemp-de.com is a website developed, published and managed by the Service Provider, accessible at www.hemp-de.com, through which various goods, services and content are made available to the User, which are the subject of these General Terms and Conditions.
- “Link” is a hyperlink displayed on a particular web page that automatically points to another web page, information resource, or object through standardized protocols.
- “Services” means the information society services provided through the website www.hemp-de.com.
(2) In the relevant cases, words used in the singular shall be understood as including the plural and vice versa.
II. Subject of the contract
Article 2. (1) The Service Provider provides the User, free of charge or for a fee, through the website www.hemp-de.com, with services that include, but are not limited to, services for searching, processing and delivering information and content available to the User in the form of text, images, audio, video and/or audiovisual resources and other formats, services for concluding distance contracts and delivering goods from the Service Provider's online store catalog, services for sending regular information newsletters by e-mail, as well as any other related services.
(2) The Service Provider shall provide the Services to registered and unregistered Users in accordance with Article 4. In cases where access to a particular Service offered through the website www.hemp-de.com requires registration or payment by the User, this shall be explicitly stated on the relevant web page.
(3) The Service Provider regularly improves the services available through the website www.hemp-de.com in accordance with its activities by changing their number, features, and delivery method. In this context, the Service Provider may add or remove certain features of the Services, as well as discontinue their provision, in accordance with the rules and conditions set forth in these Terms and Conditions.
(4) All services and any form of content made available to the user through the website www.hemp-de.com are purely informational and educational in nature. They should not be considered as health services, medical advice and/or health advice, diagnostic and/or therapeutic measures, or as a substitute for such services.
(5) All goods offered by the Service Provider through the online store are not medicinal products intended for the treatment, prevention, or diagnosis of any disease, nor do they replace such products. In case of any questions regarding the health of the User or third parties, including in the case of disturbances of physiological functions, the User should immediately consult a general practitioner or other qualified medical professional.
III. General provisions
Article 3. (1) These Terms and Conditions apply to the provision of services via the website www.hemp-de.com and are an integral part of the agreement concluded between the Service Provider and the User. They apply to both registered and unregistered Users, taking into account the specifics of each service.
(2) The text of these General Terms and Conditions is available online at the following address: www.hemp-de.com/pages/datenschutzrichtlinie in a format that allows its storage and reproduction.
(3) The link to the web page referred to in paragraph 2, which contains the text of these General Terms and Conditions, is visible at the bottom of each web page of the website www.hemp-de.com.
(4) These terms and conditions shall apply to the service provider from the date of their publication on the website www.hemp-de.com.
(5) The user confirms that he is familiar with these General Terms and Conditions in their entirety.
(6) The user confirms that he is of legal age and has full legal capacity.
IV. Features of the Services
Article 4. (1) The services provided through the website www.hemp-de.com, which do not require prior registration of the user, are offered free of charge and include, among others, but not exclusively, the provision of information on various types of goods, their main characteristics, functions and intended use, their nutritional and chemical composition, instructions for use, information about the manufacturer and distributor, the price at which they are sold and delivered by the service provider, services for regular receipt of a monthly newsletter with information on goods at preferential prices and others.
(2) The paid services offered through the website www.hemp-de.com require user registration and are provided after the conclusion of a distance contract in accordance with these General Terms and Conditions. These services include the delivery of various product groups offered in the service provider's online store and others.
Article 5. (1) The services referred to in Article 4, paragraph 2 of these General Terms and Conditions consist in the conclusion of a distance contract and the delivery of the goods selected by the User to an address indicated by the User within the European Union against payment.
(2) The delivery service for goods from the Service Provider's online store is provided only after the Service Provider confirms the User's successful order. Order confirmation is sent via email to the email address provided by the User. If the payment method chosen by the User is by bank transfer, the Service Provider will confirm the order after the Service Provider's account has been credited with an amount equal to the final price of the service and the valid order number.
(3) If the User placed the order outside the Service Provider's working hours or on a non-business day, the confirmation process begins on the next business day after the order. If the price of the goods changes during this period, the User shall pay the price valid at the time of the order. In all other cases, the order confirmation process begins from the moment the Service Provider receives the order.
(4) The Service Provider strives to provide up-to-date information on the goods offered in the online store. However, due to technical errors, the User may place an order for goods that the Service Provider no longer has in stock due to stock exhaustion. In such cases, the Service Provider has the right to refuse the order and promptly inform the User by telephone.
(5) The Service Provider shall ship the ordered goods within three business days of order confirmation. Delivery of the ordered goods to the address provided by the User shall be carried out by a transport company in accordance with its service schedule.
(6) On the day of receiving the order, the User will receive a call or text message from a representative of the transport company regarding the upcoming delivery. The Service Provider is not liable for the conduct of the transport company's representatives, as they operate outside the organization and control of the Service Provider.
(7) The price for using the services pursuant to Article 4, paragraph 2, is determined based on the price of the goods selected by the User, which is determined by the Service Provider at the time of placing the order, as well as the shipping costs according to the delivery address provided by the User and the applicable pricing regulations of the transport company "EKONT" Ltd. The final price of the service, including all taxes and fees, is clearly and comprehensibly displayed on the Service Provider's online store website before placing the order.
(8) Payment of the amount due shall be deemed to have been made when the Service Provider’s bank account is credited with the amount due or the amount is transferred to the representative of the Transport Company, depending on the chosen payment method.
(9) The Service Provider has the right to unilaterally change the price of the Goods and the final fee for the use of the Services in accordance with Article 4, paragraph 2. Regardless of these changes, the User shall always owe the amount displayed on the website of the respective Service at the time of ordering.
Article 6. The services referred to in Article 4, paragraph 2 of these General Terms and Conditions are provided upon conclusion of the distance contract in accordance with Article 8 and the following provisions of the General Terms and Conditions.
V. Conclusion of the contract
Article 7. (1) The General Terms and Conditions shall be binding on the parties as soon as the User has been familiarised with their content and has accepted it, unless otherwise agreed.
(2) The User confirms that he is familiar with the content of these General Terms and Conditions, agrees to them and undertakes to comply with them whenever he uses the services and content available through the website www.hemp-de.com.
(3) Use within the meaning of the previous paragraph includes, but is not limited to, opening, displaying and reproducing a web page of the website www.hemp-de.com, clicking or touching a link visible on the home page or on any other page of the website www.hemp-de.com, as well as placing an order in the Service Provider's electronic store.
(4) If the User does not agree to any of the provisions of these Terms and Conditions, he or she should not use the website www.hemp-de.com or any of the services available through it. If the User has already used or continues to use the website, he or she should immediately discontinue use and exit the website www.hemp-de.com.
Article 8. (1) In order to use the services referred to in Article 4, paragraph 2 of these General Terms and Conditions, the User concludes a distance contract in accordance with the provisions of these General Terms and Conditions.
(2) The user adds the desired goods to the shopping cart of the electronic store and then confirms the final view of the shopping cart containing the selected items by clicking the "Order" button. After confirming the desire to order the specific goods, the user has the opportunity to review and modify the contents of the shopping cart and then place their order.
(3) To place an order, the user must:
a) register by providing a valid email address and a password that meets the required complexity requirements, or use prior registration; b) fill in at least the following personal data: first name, last name, full delivery address, telephone number; c) select a delivery method and a payment method; d) confirm that they are familiar with the content of these General Terms and Conditions, agree to them and undertake to comply with them by checking the box "I agree to the Terms of Use", which constitutes an electronic declaration within the meaning of the Act on Electronic Documents and Electronic Signatures; e) click on the "Order" button.
(4) Before the final submission of the order, the User will be provided with complete information on the main characteristics of the goods and the terms of service in accordance with Articles 47 and 49, paragraphs 2, 4, and 8 of the Consumer Protection Act, in the immediate vicinity of the "Order" button. If access to the website www.hemp-de.com is made from a mobile device, the User will be provided with at least the information required by Article 49, paragraph 5 of the Consumer Protection Act, and access to complete information on the service and the text of these Terms and Conditions will be provided via a link.
(5) If the chosen payment method is a bank transfer, after clicking the "Order" button pursuant to paragraph 3, letter d), the User will be redirected to a web page containing the following information necessary for completing the bank transfer: the full amount of the service to be paid; bank account information to which the amount is to be transferred; the account holder; details of the bank managing the bank account; the order number, which the User must indicate as the reference; and a telephone number for contacting the Service Provider. The User will also be sent an e-mail containing the same information and confirming the successful receipt of the order by the Service Provider.
(6) If the chosen payment method is cash on delivery, the User will receive an e-mail message confirming the successful receipt of the order by the Service Provider immediately after clicking the "Pay" button in accordance with paragraph 3, letter d).
(7) The information regarding the goods offered in the Service Provider's electronic shop should not be considered a binding offer by the Service Provider. By clicking the "Pay" button, the User submits a binding offer to purchase the selected goods from the Service Provider.
(8) If the payment method chosen by the User is cash on delivery, the User's offer shall be deemed accepted upon receipt of the e-mail message concerning the confirmed order in accordance with Article 5 of these General Terms and Conditions in the e-mail address provided by the User, and the distance contract shall be deemed concluded.
(9) If the payment method chosen by the User is a bank transfer, the distance contract cannot be concluded until the due remuneration has been paid by bank transfer, specifying the order number as the intended purpose. Only after the Service Provider's account has been credited with the amount owed by the User does the Service Provider have the right to send an email notification confirming the order in accordance with Article 5 of these General Terms and Conditions. Upon receipt of the email notification confirming the order at the User's specified email address, the User's offer is deemed accepted, and the distance contract is deemed concluded.
Article 9. When concluding the distance contract pursuant to Article 6 of these General Terms and Conditions, the Service Provider shall send the text of these General Terms and Conditions as an attachment in a standard file format, such as PDF, to the e-mail message referred to in Article 8, paragraph 9 of the General Terms and Conditions, as well as instructions on the conditions, deadline and method of exercising the User's right of withdrawal pursuant to Article 50 of the Consumer Protection Act.
Article 10. The contract shall be concluded in Bulgarian.
VI. Conditions for using the services
Article 11. (1) The services referred to in Article 4, paragraph 1 of the General Terms and Conditions are offered freely and do not require registration.
(2) The services referred to in Article 4, paragraph 2 of the General Terms and Conditions shall be provided after registration, ordering and payment of the due remuneration.
Article 12. The services offered through the website www.hemp-de.com require an Internet connection of the user's terminal device from which the services are requested and used.
Article 13. (1) In order to provide the services referred to in Article 4, paragraph 2, the Service Provider shall create a user profile (account) for each User who registers in accordance with Article 8.
(2) The user profile shall contain at least the following information:
1. History of requested services pursuant to Article 4, paragraph 2; 2. Available points from the "Loyalty Customer" program; 3. Favorite products selected by the user.
VII. Rights and obligations of the parties
Article 14. (1) The User has the right to access the services available through the website www.hemp-de.com, subject to compliance with the terms and conditions established by the Service Provider and the General Terms and Conditions.
(2) The user has the right to use the services available through the website www.hemp-de.com only for personal purposes, outside the scope of any commercial or professional activity.
Article 15. (1) The user has the right to withdraw from the distance contract without giving any reason, without compensation or penalty and without paying any costs within 14 days from the date of delivery of the goods.
(2) This right shall be exercised by completing and submitting the standardized paper form enclosed with the received goods. The standardized paper form shall be returned to the service provider together with the received goods in their original packaging, unused, and without any signs of deterioration of their commercial appearance, including, but not limited to, torn packaging, removed labels, missing parts, etc. The goods should be accompanied by all accompanying documents, such as the sales receipt, invoice, instructions for use, etc.
(3) The Service Provider reserves the right to refuse to refund the amount for any goods received that do not meet the requirements of the previous paragraph.
(4) All return shipping costs in the event of exercising the right of withdrawal are borne by the user. The return address is: Sofia, ul. Keschan 7.
(5) The Service Provider shall send a confirmation of the successful return of the goods to the e-mail address provided by the User in a standard file format, such as PDF, immediately after receiving and inspecting the returned goods.
Article 16. (1) The user has the right to exchange the delivered goods if they differ from the goods actually ordered.
(2) To exercise this right, the User must complete and submit the standardized paper form enclosed with the received goods. The standardized paper form must be returned together with the received goods and clearly indicate the goods actually ordered by the User and their quantity. The goods should be returned in their original packaging, unused, and without any signs of deterioration of their commercial appearance, including, but not limited to, torn packaging, removed labels, missing parts, etc. The goods should be accompanied by all accompanying documents such as the sales receipt, invoice, instructions for use, etc.
(3) The Service Provider reserves the right to refuse to exchange any goods that do not meet the requirements of the previous paragraph.
(4) The Service Provider shall send a confirmation of receipt of the goods and confirmation of the right of exchange to the email address provided by the User in a standard file format, such as PDF, immediately after receiving and checking the returned goods.
(5) All transport costs related to the exercise of the User's right under this paragraph shall be borne by the Service Provider.
Article 17. (1) The User has the right to file a complaint about the Goods due to their significant discrepancy from the characteristics described in the Service Provider's online store at the time of placing the order.
(2) The exercise of the right of complaint pursuant to paragraph 1 requires the user to submit a complaint to the service provider by completing and submitting the standardized paper form enclosed with the received goods. The standardized paper form must be submitted together with the received goods, the receipt, the invoice, the instructions for use, etc.
(3) The standardized paper form shall contain the user's clear statement regarding the preferred method of resolving the complaint: exchanging the goods for another one from the service provider's online store or refunding the amount paid. In addition to the statement referred to in the previous sentence, the user's complaint shall contain at least the following:
a) what the non-conformity of the goods is; b) proof that the amount due for the goods was paid before the reason for the complaint; c) the amount claimed; d) contact address; e) other facts and circumstances that the user considers relevant.
(4) Upon receipt of the standardized paper form, the Service Provider shall review the complaint. If the complaint is deemed justified based on the information provided in paragraph 2, the Service Provider shall provide the User with compensation, consisting either of exchanging the goods for another product selected by the User or refunding the amount paid by the User.
(5) If the goods selected in the previous paragraph are offered in the Service Provider's online store at a higher price than the returned goods, the difference must be paid by the User by bank transfer.
(6) If the selected goods have a lower value according to paragraph 3, the difference will be refunded to the user according to the payment method chosen by the user.
(7) The user may exercise the right under paragraph 1 within 14 days of discovering the discrepancy, but no later than two years (if applicable) from the date of delivery of the goods.
Article 18. (1) The User does not have the right to use digital or other content provided through the website www.hemp-de.com outside the methods and for the purposes specified in these General Terms and Conditions.
Article 19. (1) The User undertakes to comply with these General Terms and Conditions and not to engage in any unlawful acts.
(2) Any unlawful actions by the User will be considered by the Service Provider as violations of these General Terms and Conditions.
(3) The User undertakes not to use any technology or means other than those provided by the website www.hemp-de.com to access digital or other content available through the website www.hemp-de.com.
(4) The user undertakes not to impersonate another person or to represent another natural or legal person or group of persons whom he is not authorized to represent, or in any other way to mislead the service provider or third parties about his identity or membership in a particular professional or other group.
Article 20. (1) The User undertakes to pay the remuneration for the use of the Services pursuant to Article 4, paragraph 2, in the manner determined by the Service Provider.
(2) The User has the right to receive an invoice from the Service Provider for the remuneration paid for the use of the Services in accordance with Article 4, paragraph 2 of the General Terms and Conditions. If the User wishes to receive an invoice, he or she must notify the Service Provider and provide additional information in accordance with the legal requirements of the Accounting and Value Added Tax Act.
Article 21. (1) The Service Provider shall provide the Services in accordance with the agreements made in these General Terms and Conditions and shall take the necessary measures to ensure that the Goods are delivered to the address indicated by the User.
(2) The Service Provider shall be entitled to all remuneration owed by the User for the use of the Services in accordance with Article 4, paragraph 2 of the General Terms and Conditions.
Article 22. (1) The Service Provider has the right to send the User of the Services, in accordance with Article 4, paragraph 2, commercial communications regarding the goods offered through the online store www.hemp-de.com, but only with the prior express consent of the User.
(2) If the user does not wish to receive communications pursuant to paragraph 1, he or she must notify the service provider of his or her wish to no longer receive commercial communications by clicking on the unsubscribe link provided in the relevant electronic communication.
Article 23. (1) The Service Provider shall have the right, after notifying the User at the email address provided by the User within a reasonable time, to interrupt, limit or change the services provided to the User pursuant to Article 4, as well as to inform the relevant state authorities, if the Service Provider considers that the User, through his or her conduct, is committing unlawful acts and violating these Terms and Conditions.
(2) The Service Provider reserves the right to change the content of the Services in order to continuously improve and update them. Information about upcoming changes will be published in the form of a notice on the website www.hemp-de.com within a reasonable time.
Article 24. (1) The Service Provider has the right to place on each of the web pages of the website www.hemp-de.com electronic links, advertising banners and other forms of advertising for goods and services offered by the Service Provider or by third parties, as well as electronic links and advertising banners referring to web pages that are outside the control of the Service Provider.
(2) The Service Provider shall exercise due diligence to verify whether the content published on the websites referred to in paragraph 1 is illegal or infringes the rights of third parties. If the Service Provider receives notification that the content on a website outside the Service Provider's control infringes the rights of third parties, the Service Provider shall immediately remove the link, advertising banner, or advertising form to that website.
(3) The service provider assumes no responsibility for the content, accuracy and legality of the websites referred to in paragraph 1 or the content disseminated through them, as well as for services or content made available to the user as part of the use of the services offered via the website www.hemp-de.com.
Article 25. (1) The Service Provider shall have the right to temporarily block or suspend the provision of Services to a User if the User violates their obligations related to the use of the Services. Access to the Services may be restored once the violation and its consequences have been resolved.
(2) The Service Provider shall notify the User of any blocking or interruption of the Services referred to in Article 4, paragraph 2, for the reasons referred to in paragraph 1, by sending an electronic message to the User's email address.
(3) In case of repeated and continuous violations of the General Terms and Conditions by the User, the Service Provider has the right to delete the User profile after sending an electronic message to the User’s email address.
Article 26. (1) The Service Provider undertakes to provide the User with the necessary information about the goods offered in the Service Provider's online store and about the services referred to in Article 4, paragraph 2 of these Terms and Conditions, including, but not limited to, the terms of payment, delivery, time of service performance, procedures provided by the Service Provider for handling User complaints, etc.
(2) The Service Provider undertakes to provide the Services in a manner that does not entail any additional costs for the User, including, but not limited to, postage, customs duties and taxes.
VIII. Intellectual Property Rights
Article 27. (1) The intellectual property rights of the contents on the website www.hemp-de.com are protected by the Copyright Law, the Trademark Law, the Geographical Indication Law and other applicable laws and belong to the Service Provider or the correspondingly specified third parties who have transferred the right to use the corresponding protected objects to the Service Provider.
Article 28. (1) The use of the Services and the content therein containing protected intellectual property objects in violation of these Terms and Conditions shall not only constitute a breach of the agreements between the Service Provider and the User, but may also constitute an infringement of the intellectual property rights of third parties.
(2) For any violation referred to in paragraph 1, the user may be held liable under civil, administrative or criminal law, in which case the user shall be obliged to compensate the service provider or third parties for any damage caused.
IX. Liability and Indemnity
Article 29. (1) The Service Provider shall ensure that each Good meets the safety requirements established by law before it is offered for sale in the Service Provider’s online store.
(2) The Service Provider shall not be liable for the use of the Goods outside the normal and reasonably foreseeable conditions of their use, including, but not limited to, the treatment and prevention of diseases.
(3) The Service Provider shall not be liable for failure to comply with the instructions for use given by the manufacturer of a particular product, including, but not limited to, exceeding the recommended daily dose, completely replacing a varied diet with the consumption of the ordered product, etc.
Article 30. (1) In order to ensure the safety of the goods offered, the service provider shall take preventive measures by being regularly informed of the risks that each product may pose to the health and safety of consumers and by systematically recording and analyzing cases of complaints.
(2) For each product, the service provider shall provide the consumer with information on the risks involved and with the necessary documents to trace the origin of the product.
Article 31. (1) The Service Provider shall ensure that the content on the website www.hemp-de.com is always kept correct and up-to-date, but does not guarantee the accuracy and completeness of the content and does not commit to specific deadlines for updating the information, unless otherwise stated on the website www.hemp-de.com (where applicable).
(2) The service provider shall ensure continuous access to the services referred to in Article 4(1), their proper use and the delivery of the goods ordered by the consumer, but shall not undertake or guarantee that these goods and services will meet the consumer's requirements.
(3) The service provider shall not be liable for any damage caused to the consumer as a result of providing false data when ordering the services referred to in Article 4, paragraph 2.
Article 32. In the event of exercising the right of withdrawal pursuant to Article 15, the right of exchange pursuant to Article 16, and the right of complaint pursuant to Article 17 of these General Terms and Conditions, the Consumer shall bear the risk of loss or damage during transport of the goods if the Consumer has chosen a carrier other than the one specified by the Service Provider. In the event of damage, the Consumer may claim compensation from the carrier, but not from the Service Provider.
Article 33. (1) The Service Provider shall not be liable for the availability and quality, including the effectiveness, impact, applicability, accuracy and other aspects, of the goods and services brought to the attention of the Consumer through electronic links, advertising banners and sales advertisements for goods and services of third parties on the website www.hemp-de.com.
(2) Since the actions of these third parties are not under the control of the Service Provider, the Service Provider assumes no liability for the illegality of the activities of the third parties or for the creation, safeguarding, fulfillment, modification and termination of contractual and legal obligations in connection with the goods and services offered by the third parties, nor is it liable for damages resulting from the non-fulfillment of these obligations.
Article 34. The service provider shall not be liable for any damage caused to the consumer's software, hardware or equipment or for any loss of data caused by any content stored or used in any way through the services provided.
Article 35. (1) The service provider shall not be liable for failure to provide the services in the event of circumstances beyond the control of the service provider, including unforeseen events, force majeure, interruptions of global or local Internet connection caused by damage to the basic physical infrastructure, incorrect software configurations, network congestion, denial of service attacks and other problems in the provision of services beyond the control of the service provider, problems resulting from the consumer's equipment, as well as in case of unauthorized access or interference by third parties with the service provider's information systems or the service provider's servers for storing third-party information.
Article 36. (1) The Service Provider shall not be liable for any damages, including lost profits, resulting from the termination, interruption, modification or limitation of the Services pursuant to Article 4, paragraph 1, as well as from the deletion, modification, loss, inaccuracy, incompleteness or untruth of any messages, materials, information or other content used, stored or made accessible through the website www.hemp-de.com in connection with these Services.
(2) The Service Provider shall not be liable for any damages, including lost profits, suffered by the Consumer or third parties as a result of the termination of the contract as a result of the Consumer's failure to comply with the requirements of these General Terms and Conditions, the failure to comply with applicable legal provisions or the execution of orders issued by competent state authorities.
Article 37. (1) The service provider shall not be liable for any material or non-material damage to the physical or mental health of the consumer if the consumer uses or considers the goods as a full substitute for a balanced and varied diet or as substances with curative or preventive properties for diseases.
(2) The Service Provider shall not be liable for any material or immaterial damage to the physical or mental health of the Consumer if the latter considers information or other types of content available on the website www.hemp-de.com as a health service, medical advice, medical and/or health advice, diagnostic and/or therapeutic activity.
Article 38. (1) The User is responsible for protecting his/her username, password or other data provided in connection with the use of the Services in accordance with these Terms and Conditions.
(2) The User is obliged to immediately inform the Service Provider of any case of unauthorized access to the Services using his/her username and password, as well as in all cases where the User believes that such use is possible.
(3) The user shall be responsible for all actions performed by him or third parties using his username and password if the user has not informed the service provider within a reasonable period of time in accordance with paragraph 2.
X. Changes to the General Terms and Conditions
Article 39. (1) Due to the constant expansion and modification of the services provided by the Service Provider in order to develop and improve them, as well as in view of possible legislative changes, these Terms and Conditions may be amended by the Service Provider. The text of the amended Terms and Conditions will be published on the website www.hemp-de.com within a reasonable period of time before they come into effect.
(2) In case of changes to the General Terms and Conditions, the Service Provider shall inform the User of the Services of the changes in accordance with Article 4, paragraph 2, by sending an electronic message to the email address provided by the User within 7 days of the occurrence of the relevant event.
(3) Except in cases where the amendment of the General Terms and Conditions is based on an order or instruction of a competent authority, the user of the services referred to in Article 4, paragraph 2, may disagree with the amendments to the General Terms and Conditions by withdrawing from the contract without giving any reason and without paying any compensation, or he may continue to perform the contract in accordance with the General Terms and Conditions in force before the amendments.
(4) The user shall exercise his or her right under paragraph 3 by sending an electronic message to the service provider informing the service provider of the exercise of his or her right under paragraph 3. The electronic message must be sent within one month of receiving the notification under paragraph 2. The electronic message must be sent from the email address used by the user to request the service under Article 4, paragraph 2, and to which the notification under paragraph 2 was sent.
(5) Amendments to the General Terms and Conditions shall be binding on the User of the Agreement if the User has been informed thereof in accordance with the provisions of paragraph 2 and has not exercised his right under paragraphs 3 and 4.
(6) If the User continues to use the services and content accessible via the website www.hemp-de.com after the changes to the General Terms and Conditions have finally come into effect, this shall be deemed as User's acceptance of the changes to the General Terms and Conditions.
XI. Termination of the contract
Article 40. Except as provided for in these General Terms and Conditions, the contract between the parties shall terminate upon the occurrence of one of the following events:
1. by mutual agreement between the service provider and the user; 2. in other cases provided for by law.
Article 41. Each party has the right to terminate the contract if the other party fails to fulfil any obligation under these General Terms and Conditions for which it is responsible.
XII. Data protection
Article 42. The Service Provider takes the necessary measures to protect the User's personal data. The Service Provider's privacy policy is available on the website www.hemp-de.com at www.hemp-de.com/pages/privacy-policy.
XIII. Dispute settlement
Article 43. All disputes between the parties arising out of or in connection with the contract, including questions concerning the interpretation, invalidity, execution or termination of the contract, as well as disputes concerning the supplementation of gaps in the contract or changes related to new circumstances, shall be resolved in a spirit of understanding and goodwill through negotiations and mutual concessions of the parties.
XIV. Additional provisions
Article 44. (1) Except in cases expressly provided for, written declarations and communications set out in these General Terms and Conditions shall be deemed valid if they are made in the form of a letter with return receipt, email, by clicking on a button or marking an option or checkbox on the website www.hemp-de.com and similar means, provided that the declaration is technically recorded in such a way that it is reproducible.
(2) By accepting these General Terms and Conditions and concluding a contract, the parties agree that the exchanged electronic declarations shall be deemed received upon entry into the recipient's information system, without the need for express confirmation. If the user has provided an invalid email address, the declaration shall be deemed received upon its transmission by the service provider, even if it has not been received.
Article 45. If one or more provisions of these General Terms and Conditions are declared invalid, in whole or in part, this shall not affect the validity of the Agreement, any other provisions, or any other part of the Agreement, which shall remain in force between the parties. The invalid clause shall be deemed replaced by mandatory provisions of law or by accepted practices and customs.
These General Terms and Conditions were accepted with the decision and come into force on December 14, 2020 .