General terms and conditions (GTC)
1. General Terms and Conditions
I. As a basis for the use of the website www.coalabis.lu, and for the purchase of products and services of Herbix S.A., the General Terms and Conditions of Business (hereinafter referred to as GTC) set out herein shall apply.
II. by purchasing products and services of Herbix S.A., the customer confirms that he/she has read and agrees with these GTC. The GCS form an integral part of the sales contract concluded between the Seller and the Customer. Any provisions deviating from the GTC are only binding if they are expressly accepted by the sellers in writing. Conflicting conditions of the customer are not binding.
III. by placing an order, the customer confirms that he is at least 18 years of age and capable of acting at the time of the order.
IV. A valid sales contract between a customer and Herbix S.A. is concluded, when purchasing through the online shop or the Herbix S.A. website, with the confirmation of the customer order by Herbix S.A..
V. In case of orders that are not placed through the Herbix S.A. websites, the customer will receive the basic contract and the General Terms and Conditions of Herbix S.A. by e-mail before the conclusion of the contract and confirm their validity with the confirmation of the order. The sales contract is only concluded with the written confirmation of the basic contract and the GTC by the customer.
VI. Changes to the basic contract and changes to the GTC will be communicated to the customer in each case and shall be deemed to be accepted by the customer unless the customer informs us in writing within 10 days of receipt of the change that she/he does not agree with the changes.
2. Legal framework - Products and commodities
I. Herbix S.A. sells its products as raw material for further processing. Sales are made exclusively to companies that are engaged in commercial trade and have a valid VAT identification number (VAT ID number).
II. The customer confirms that the hemp flowers purchased from Herbix S.A. are not sold to end customers for consumption in Germany. The customer confirms that the flowers are intended to be processed into a harmless product or resold for this very purpose.
III. The customer who wants the products and raw materials to be delivered to an importing country is responsible for ensuring that the products and raw materials ordered by him are in accordance with the import regulations of his, i.e. the importing country. Herbix S.A. shall not be responsible for any problems, delays, seizures or the like which may occur when importing into an importing country, nor for any damage caused to the customer or third parties.
IV. Importing country in the sense of these General Terms and Conditions is every country except Luxembourg.
V. The customer is responsible for inquiring about the legal situation and the application requirements in the import country. The customer herself/himself is liable for any use that does not comply with the legal requirements and legality of the import country. Any liability of Herbix S.A. in connection with unlawful use, import, sale or processing and distribution in an import country is excluded.
VI. The products and services of Herbix S.A., are legally tradable in Luxembourg and are not covered by the law on narcotics.
VII. The supplied analyses are intended only for the recipient and must not be misused by a third party. Any manipulation of the analyses can be considered as forgery of documents.
VIII. Our tobacco substitutes are notified to the competent health authority and registered and taxed at the Federal Customs Administration for tobacco tax. Distribution is carried out through the registered customs number (N°LUC0018390108 / N°LUC0023980113).
3. Payments and Prices
I. Delivery takes place in principle only on payment in advance.
II. The customer receives an invoice from Herbix S.A. with bank details, to which she/he makes the advance payment.
III. Unless otherwise agreed, prices are quoted in Euro excluding Value-added tax, shipping costs and any other legal charges.
IV. The provider reserves the right to change the prices at any time. Decisive are the prices stated in the order confirmation sent by e-mail or fax.
V. The prices of the goods sold are the prices valid on the day of the order or the agreed prices plus the legally owed value added tax. They are in the respective currency indicated.
VI. Herbix S.A. is entitled to change its prices at any time. However, it undertakes to invoice the ordered goods at the prices valid at the time of the order or at the agreed prices.
VII. You are in delay by law, without the need for a reminder, if and when the direct debit is refused or cancelled or if you do not pay one of Herbix S.A.'s invoices within the period of 30 days and after the goods were delivered. In addition, you will owe statutory interest on the outstanding amount, calculated from the date of default until the date of full payment.
VIII. No price reductions and discounts are granted without special agreement.
IX. For deliveries abroad, the rates of the country of destination, i.e. the importing country, apply regarding value added tax and customs duties.
X. After receipt of your payment the ordered goods will be shipped.
XI. If for any reason a payment is rejected after the product has already been shipped, Herbix S.A. has the right to demand payment from the customer or to reclaim the product in question. Herbix S.A. may charge the customer for any costs incurred in this connection, including collection and enforcement costs.
XII. If the customer does not pay within the payment period stipulated in the agreement, the goods will be released for sale elsewhere. In this case Herbix S.A. is only obliged to deliver the goods if it confirms this after receipt of payment.
XIII. The goods remain the property of Herbix S.A. until full payment of the invoice.
I. The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects within 3 days, in writing by letter or e-mail to Herbix S.A..
II. If there is a defect, Herbix S.A. has the right to deliver defectfree replacement goods. The customer has the duty to claim faultless goods. Other defect rights can only be asserted after the rectification of defects has not been performed several times. Further warranty claims are excluded as far as this is legally permissible.
III. Returns to Herbix S.A. are - with the consent of Herbix S.A. - at the expense and risk of the customer. The customer must send the goods in their original packaging, complete with all accessories and together with the delivery bill and a detailed description of the defects to the return address provided by the seller.
IV. Products that have already been opened/unsealed cannot be taken back or refunded by Herbix S.A..
V. As soon as Herbix S.A. receives the goods back, the purchase price will be refunded. The customer bears the costs of the return shipment if the delivered goods correspond to the originally ordered goods.
5. Data protection
I. When processing and using personal data, the provisions of the Basic Data Protection Regulation of the European Union (DSGOV) are strictly observed.
The customer data, which is collected during the order processing, will be treated confidentially and used exclusively within the Herbix S.A..
II. the data necessary for the fulfilment of services can also be passed on to commissioned service partners (logistics partners).
III. it is sometimes necessary that so called cookies are used. These aggregate data do not contain any personal reference or are sufficiently anonymous to make it impossible to draw conclusions about your person.
IV. Information that the customer voluntarily provides to the seller by filling out website forms, making purchases, or otherwise contacting the seller through the website is provided on a voluntary basis.
All pictures, logos, graphics and illustrations used on this website are protected by copyright and may not be used without the written consent of the owners.
I. The customer assumes full liability for personal injury, damage, penalties, loss of profit or turnover, loss of use of a product or equipment and any loss of property that may result from the purchase, use or misuse of a Herbix S.A. product. Herbix S.A., its owners, agents and employees cannot be held responsible for the actions of customers.
II. Herbix S.A. cannot be held responsible if the non-execution or the delay in the ex-ecution of one of its obligations described in these General Conditions is due to a case that is imperative.
III. the customers are obliged to inform themselves sufficiently about the legislation of their country of origin before making a purchase.
8. Force Majeur
If the Herbix S.A. is not able to provide its services according to the contract for external reasons beyond its control, it is insofar released from its contractual obligations. The price risk, on the other hand, lies with the customer, i.e. he remains obliged to pay the contractually agreed price.
9. Place of jurisdiction and applicable law
All legal relations between Herbix S.A. and the customer shall be governed by the substantive law of Luxembourg, to the exclusion of the conflict of laws rules of private international law. The United Nations Convention on Contracts for the International Sale of Goods is not applicable.
The place of jurisdiction for all disputes is Luxembourg. Furthermore, Herbix S.A. has the right to sue the customer at any competent court to assert andenforce its claims against the customer.