Conditions of purchase and return policy

CONDITIONS OF USE AND PURCHASE IN HIGEACBD.COM

These terms of use set out the conditions governing the use of this website (higeacbd.com) and the purchase of products on it (hereinafter, the “Terms”). Please read these Terms, our Legal Notice, Privacy Policy and Cookie Policy carefully before using this website. By using or placing an order through this website, you consent to be bound by these Terms and our Privacy, Privacy Policy, so if you do not agree to all the Terms you should not use this website.

These Terms may be modified. It is your responsibility to read them periodically, as the conditions in force at the time of conclusion of each Agreement (as defined below) or in the defect of the Agreement, at the time of use of the website will be those that apply to you.

If you have any questions regarding the Terms or The Data Protection Policy you can contact us through our contact form or by sending an email to pedidos@higeacbd.com.

Using our website

By using this website and placing orders through it you agree to:

  1. Use this website only for legally valid inquiries or orders.
    Ⅱ. Do not place any false or fraudulent orders. If it could reasonably be considered that it has been done
    such an order shall be authorized to cancel it and inform the relevant authorities.
    Ⅲ. Provide us with your email address, postal address and/or other contact details
    truthful and accurate. You also agree that we may use such information to put ourselves in place
    contact you if necessary.

If you do not provide us with all the information we need, we will not be able to place your order. By placing an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.

As a new customer, you can search for and buy products on our website. To make a purchase, you will be asked to provide us with contact details, delivery address and payment details to complete your order. Greenmotiv will never disclose or sell your data to third parties or organizations that we believe may interest or benefit you, unless you tell us otherwise.

Your username will be your valid email address and you will be asked to provide an entry password and confirm your details. You will be responsible for all actions performed with this username, either by you or by anyone else. It is your responsibility to keep your username and password secure. You must not disclose or transfer your username to anyone if your password, and you must inform us immediately if you are aware of an unauthorized use of your username or password.

You warrant, certify and agree that any information you have provided to us at the time of registration as a user must be up-to-date, true and accurate in all respects, while you agree that it is your responsibility to notify us of any changes to such information. You can email us any changes to pedidos@higeacbd.com.

Description and Information of our products

A recommendation for use/application is indicated on each product. This information is a recommendation provided by the manufacturer, does not respond to the treatment of any specific ailment or respond to the treatment of any disease. Any information or recommendation present on this website should never replace the opinion of a medical professional. If you have any questions or concerns about a pathology or tolerance to a substance, consult your doctor.

Placing orders (purchase requests)

To place an order, you must register through the website by creating a customer account. Therefore, you must freely and voluntarily provide the personal data that will be required of you, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27 (GDPR) and organic law 3/2018 of December 5 (LOPDGDD), detailed in more depth in the Legal Notice and Privacy Policy of this website.

During the process, you must indicate a customer name and password, committing to make diligent use of them and not to make them available to third parties, as well as to inform us of the loss or theft of them or possible access by an unauthorized third party, so that it proceeds to the immediate blockage.

Finally, you will need to follow our online purchase procedure. You will then receive an email acknowledging receipt of your order (the “Order Confirmation”). The contract for the purchase of a product between you and us (the “Agreement”) will be concluded only when we send you the “Order Confirmation”.

The purpose of this contract is to regulate the contractual relationship of sale born between enectacbd.es and the customer at the time when the customer accepts, during the online contracting process, the corresponding box.

In a maximum of 24 working hours, an email confirming the status of the order will be sent to the email provided by the customer.

Acceptance of orders

Orders placed are a purchase requisition that we must accept. In the event that you have purchased an item that is not in stock, we will contact you and offer you an alternative or full refund; therefore we inform you that all items exposed to sale are subject to stock availability. The contract for the sale of the items will not be formalized until the delivery of the items at the address you provide to us. We reserve the right to treat the ordered items as separate orders.

Product availability

All product orders are subject to availability. In this sense, if there are difficulties in the supply of products or if there are no items left in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may order. If you do not wish to place an order for these substitute products, we will refund any amount you may have paid.

DELIVERY POLICY

Without prejudice to the provisions of clause 7 above with respect to the availability of the products and unless extraordinary circumstances occur, we will always try to send your order upon receipt. Orders placed before 13 h (GMT) between Monday and Friday will be shipped the same day. Orders placed after 14 h (GMT) will be shipped the next business day.

If no delivery date is specified, within the estimated delivery time indicated when selecting the shipping method and, in any case, within a maximum period of 10 days from the date of the Order Confirmation.

To ensure delivery, we must have a correct and complete address, and charge shipping costs by delivery address. We need to have a phone number where we can locate you during the day in case the carrier needs to contact you.

However, delays may occur for reasons such as unforeseen circumstances or the delivery area, which will be notified to you by email or phone call to the extent possible. If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid. Please note, in any case, that we do not deliver home on Saturdays or Sundays.

For the purposes of these Terms, it shall be understood that the “delivery” has occurred or that the order has been “delivered” at the time when you or a third party indicated by you acquires material possession of the products or services, which will be credited by signing the receipt of the order at the agreed delivery address.

Delivery options

We may send to your desired delivery address with acknowledgement of receipt to ensure safe delivery, upon request.

If you have any questions related to this topic, please contact pedidos@higeacbd.com.

Impossibility of delivery

If after three attempts of delivery by the transport company it is impossible for us to deliver your order, your order will be returned to our warehouse. In addition, the carrier will leave you a notification explaining where your order is located and how to have it shipped back to you. If you are not going to be at the place of delivery at the agreed time, please contact us to agree on the delivery on another day as soon as possible.

In the event that 30 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and consider it resolved. As a result of the termination of the Contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive form of ordinary delivery we offer) without undue delay and, in any event, within a maximum period of 10 days from the date we consider the Contract to be terminated.

Please note that the carriage resulting from the termination of the Contract may have an additional cost, so we will be authorized to pass on the corresponding costs to you.

RETURN POLICY

Legal right to desist from purchase

Returns are accepted in case of product breakage during transport or poor condition of the product. In both cases, the incident must be reported within 24 hours of delivery of the order sent an email to pedidos@higeacbd.com and attaching photographs of the deteriorated product(s), along with the order number.

In the event that the return is accepted by us, our transport company will pick up the deteriorated product(s).

Within 24-48 hours the product will be replaced free of charge, provided that the return complies with the features explained and is accepted in writing through an email from us through any of our official email addresses (higeacbd.com).

It is important that you know the different credit and debit card issuers, as well as other types of cards, follow different processes and terms, and that operate with different execution times. Although we will refund immediately (provided the returned products meet the conditions listed on this page), the refund will be effective on your card or bank account within three working days to two weeks. We recommend that you track the process with your card issuer.

If you are contracting as a consumer and user, you have the right to withdraw from this Agreement within 14 calendar days without justification. The withdrawal period shall expire 14 calendar days of the day indicated by you or a third party, other than the carrier, acquired material possession of the goods or if the goods that make up your order are delivered separately, within 14 calendar days of the day indicated by you, other than the carrier , acquired material possession of the last of those goods.

To exercise the right of withdrawal, you must notify higea CBD, the address, C/Manolo Quirós 2-5oA at Gijón CP 33213 (Spain), to the phone 617085567, by writing to us in the email pedidos@higeacbd.com or our contact form, your decision to withdraw from the Contract through an unambiguous statement (for example, a letter sent by post or electronic mail). You may use the model withdrawal form that is annexed to these Terms, although its use is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the corresponding period.

Consequences of withdrawal

In the event of your withdrawal, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw Agreement. We will proceed to make such a refund using the same means of payment used by you for the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until you have received the goods, or until you have provided proof of the return thereof, depending on which condition is met first.

When returning items for which a discount or offer has been applied, the discount or offer will no longer apply if it has already expired. We recommend that you use certified mail and keep proof of shipment, as we do not take care of the items lost during transportation.

You must return or deliver the products directly to us within 14 calendar days from the date you inform us of your decision to withdraw from the Contract. The deadline shall be deemed to have been met if the products are returned before the end of the period. You must bear the direct cost of return.

Common provisions

Your right to withdraw from the Contract shall apply exclusively to those products returned under the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you must be careful with the product(s) while in your possession. Please return the item using or including all of its original packaging, instructions and other accompanying documents. In any case, you must deliver along with the product to return the ticket you have received at the time of delivery of the product duly completed.

After examining the item we will inform you if you are entitled to reimbursement of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date you informed us of your intention to withdraw. However, we may withhold the refund until you have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first. The refund will always be made in the same means of payment that you used to pay for the purchase.

You will assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us via our contact form or by calling 617085567.

Responsibility and disclaimer

Unless expressly provided otherwise in these Terms, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of such product.

Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:
i. In the event of death or personal injury caused by our negligence;
Ⅱ. In case of fraud or fraudulent misrepresentation; Or
Ⅲ. In any matter where it is illegal or unlawful that we exclude, limit or attempt to exclude
or limit our liability.

Without prejudice to the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Terms, we will not accept any liability for the following losses, regardless of their origin:

  1. Loss of revenue or sales:
    Ⅱ. Loss of business;
    Ⅲ. Loss of profit or loss of contracts;
    Ⅳ. Expected savings loss;
    Ⅴ. Data loss; And
    Saw. Loss of management time or office hours

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise on it.

All product descriptions, information and materials on this website are provided “as a true body” and without express or implied warranties about them except those established by law. In this sense, if you contract as a consumer and user, we are obliged to deliver items that are in accordance with the Contract, responding to you of any lack of conformity that exists at the time of delivery of the product. Products are understood to be in accordance with the Contract provided that (i) conform to the description made by us and possess the qualities that we have presented on this website, (ii) are suitable for the uses to which products of the same type are ordinarily intended and (iii) present the usual quality and performance of a product of the same type which are well awaited.

To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded from consumers and users. The provisions of this clause shall not affect your rights as a consumer and user, or your right to withdraw from the Agreement.

Intellectual Property

You acknowledge and consent that all copyright, trademark and other intellectual property rights in the materials or content provided as part of the website are at all times up to us or those who licensed us to use it. You may use such material only in the manner expressly authorized by us or by those who licensed us to use it. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

Viruses, piracy and other computer attacks

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material into it. You will not attempt to have unauthorized access to this website, the server on which such page is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause may result in the commission of infringements typified by the applicable legislation. We will report any breach of such regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or the download of content from it or to which it redirects.

Links from our website

In the event that our website contains links to other websites and third party materials, such links are provided for informational purposes only, without us having any control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from its use.

OnlineDispute Resolution

Pursuant to Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the client and Higea CBD, without the need to appeal to the courts of justice, through the intervention of a third party, called the Dispute Resolution Agency, which acts as an intermediary between the two. This agency is neutral and will dialogue with both parties to reach an agreement, finally being able to suggest and/or impose a solution to the conflict.

Here’s the link to the ODR platform: http://ec.europa.eu/consumers/odr/

Written communications

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most such communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition will not affect your statutory rights.

Notifications

The notifications you send us should preferably be sent through our contact form. In accordance with the provisions of clause 19 above and unless otherwise provided, we may send communications to you either to the e-mail or to the postal address provided by you when placing an order.

It will be understood that the notifications have been received and have been correctly made at the same time as they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was duly delivered in the post office or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.

Assignment of rights and obligations

The Agreement is binding on you and us, as well as our respective successors, assigns and successors.

You may not transmit, assign, tax or otherwise transfer a Contract or any of the rights or obligations arising therefrom, without obtaining our prior written consent. We may transmit, assign, tax, subcontract or otherwise transfer a Contract or any of the rights or obligations arising therefrom, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, levies or other transfers will not affect the rights that, if any, you, as a consumer, have recognized by law or will cancel, reduce or otherwise limit the warranties, both express and tacit, that we may have granted you.

Events beyond our control

We will not be liable for any breach or delay in fulfilling any of our obligations under a Contract, the cause of which is due to events beyond our reasonable control (“Force Majeure Cause”).

Force Majeure Causes will include any act, event, lack of exercise, omission or accident
that is beyond our reasonable control and, among others, the following:

  1. Strikes, lockouts or other claims.
    Ⅱ. Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or
    threat or war preparations.
    Ⅲ. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other disaster
    Natural.
    Ⅳ. Impossibility to use trains, ships, aircraft, motor transport or other means of transport,
    public or private.
    Ⅴ. Impossibility to use public or private telecommunications systems.
    Saw. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
    Vii. Strike, failures or accidents of maritime or river transport, postal or any other type of transport.

Our Contract obligations shall be deemed to be suspended for the period in which the Force Majeure Cause continues, and we will have an extension within the time limit to meet those obligations for a period of time equal to the duration of the Force Majeure Cause. We will use all reasonable means to terminate the Force Majeure Cause or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Cause.

Acceptable use of our service on INTERNET

You are responsible for all communications sent through or addressed to this website and agree to the use of this website only for private, appropriate and lawful purposes. You shall not carry out any action or omission or instigate any action or omission that:

  • Damage, delay, disrupt or prevent the use of this website or its software;
  • Encourage any illegal, offensive or defamatory material to appear on or associate with this website;
  • Violates the copyright, trademark, privacy, trust or rights of third parties; or that inconveniences Higea CBD, its employees, workers, agents, software and other vendors or third parties (including, without limitation, the creation or expansion of computer viruses, chain letters, unsolicited communications and spam).

In the event that you do not comply with any of these conditions, you must indemnify and hold harmless Higea CBD, its parent companies, subsidiaries and associates, its employees, its employees, its agents, its professional advisors, its suppliers and its affiliates against all damages, losses, demands, costs, charges, judgments, orders, rulings and other damages caused or threatening as a result of a breach of these conditions.

Orders are for personal and non-commercial use by our customer. The resale of any Higea CBD product without the express written consent of Higea CBD is strictly prohibited. Multiple orders of Higea CBD items that are considered commercial quantities will not be accepted. Please note that local import taxes may have to be paid when receiving international orders. In customer service you will find the list of countries to which we currently send.

All contracts are carried out in Spanish and when signing the contract both parties undertake to submit to the jurisdiction of the courts of Barcelona, in accordance with Spanish law.

Resignation

Our failure to comply with any of your obligations under a Contract or these Terms or our failure to exercise any of our rights or actions under such Agreement or the Terms shall not waive or limit you from fulfilling such obligations.

No waiver by us of a particular right or action shall constitute a waiver of other rights or actions arising out of the Agreement or the Terms.

No waiver by us of any of these Terms or the rights or actions arising out of the Agreement shall arise, unless expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the provisions of the Notices section above.

Partial nullity

If any of these Terms or any provision of a Contract is declared null and void by final ruling by the competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of invalidity.

Full agreement

These Terms and any documents expressly referenced herein constitute the entire agreement between you and us in connection with the subject matter thereof and supersede any prior agreements, agreements or promises agreed between you and us orally or in writing.

You and we acknowledge that you have consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that you may infer from any statement or written in the negotiations entered into by the two prior to such Agreement, except as expressly mentioned in these Terms.

Neither you nor we shall have any action in the face of any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such an uncertain statement has been made fraudulently) and the only action available to the other party will be for breach of contract in accordance with the provisions of these Terms.

Right to change these conditions

We have the right to revise and modify these Terms at any time.

You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of government agencies we must make retroactive changes to such policies, Conditions or Privacy Statement, in which case any changes will also affect orders that you have previously made.

Applicable law and jurisdiction

The use of our website and the contracts for the purchase of products through this website will be governed by Spanish law.

Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights as such recognized by applicable law.

Comments and suggestions

Your comments and suggestions will be well received. Please send us such comments and suggestions through our contact form.

In addition, we have official complaint sheets available to consumers and users. You can request them by calling 617085567 or through our contact form.

ANNEX: Model withdrawal form

(You must only complete and submit this form if you wish to withdraw from the contract)

To the attention of Higea CBD

I hereby inform you that I give up my contract for the sale of the following good:

Order number:
Consumer Name:
Consumer Address:
Consumer signature (only if presented on paper)
Date:

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Consumer notice

This product is not intended for use or sale to persons under 18 years of age. This product should be used only for topical use. It should not be used if you are pregnant or breastfeeding. Talk to a doctor before use if you have a serious medical condition or if you use prescription medications. You should seek the advice of a doctor before using any hemp product. These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease. By using this site, you agree to follow the Privacy Policy and all Terms and Conditions printed on this site.

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