1.- Identification, acceptance and access to the Website
The present Terms and Conditions regulate the access and use of https://www.greenfactorcbd.com/ (hereinafter, the "Website") owned by Green Factor Solutions, S.L. (hereinafter, "Green Factor") with NIF B01661172 and address at Calle Grillo 18 Pozuelo de Alarcón, 28223, Madrid.
You can contact Green Factor by sending an e-mail to the following address: firstname.lastname@example.org
The access to the Website implies the acceptance of these Terms and Conditions, as well as the different modifications and/or additional legal texts that Green Factor may include in the future.
The access and navigation through the Website will not require the registration of the Users and will be totally free.
By accepting the present Terms and Conditions, the User declares to be over 18 years old and to have legal capacity to contract.
The use of the Website is exclusively under the sole responsibility of the User, who exempts both Green Factor and third parties that collaborate or participate with their services or tools in the Website from any responsibility for the use of the Website and its Products or services.
This Website has been developed by Green Factor with the purpose of offering Users the possibility of purchasing different types of products made with CBD (hereinafter, the "Products").
3.- Use of the Website
The Website makes available to the Users the purchase of the Products offered therein:
· Purchase of Products in Stock: The Website will indicate those Products that are available in Stock, and which can therefore be purchased by Users at the time they wish to purchase them.
. · Purchase of Products out of Stock: The Website will indicate the Products that are out of Stock, and will offer the User the possibility, if he/she so wishes, of being informed when the Products are available, so that he/she can proceed to purchase them.
The User accepts that it is strictly forbidden:
I. Introduce or use viruses, bots, worms, Trojan horses, or any other type of malicious code.
II. Interfere with, damage, copy, or steal from the Website, or gain unauthorized access to it, or to user accounts or its technology.
III. Post incomplete, false or misleading information or impersonate an identity that does not correspond to the User.
IV. Sell, transfer or assign your rights to the Website to any third party without prior agreement with Green Factor.
V. Post promotional or illegal material according to the terms described in this document.
VI. Access the Website from a jurisdiction where it is prohibited or unauthorised.
4. - User Account.
The Website offers Users the possibility of creating an account through an online form that must be completed with the data required therein.
Users shall have full responsibility for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the User name and/or passwords, as well as all data allowing access to their account, and undertake not to transfer their use to third parties, either temporarily or permanently, nor to allow access to third parties.
By virtue of the above, the Users must immediately notify Green Factor through the e-mail email@example.com of any improper use of their User name and/or password, due to circumstances such as theft, loss or unauthorised access to them, so that Green Factor can proceed to their cancellation or blocking and/or disabling as soon as it becomes aware of the improper use of their User Account. As long as such facts are not communicated, Green Factor will be exempted from any responsibility that could derive from the improper use of the User names or passwords by unauthorised third parties.
5.- Conduct of the Users on the Website
Users undertake to make lawful, diligent, honest and correct use of all information or content accessed through the Website, all in good faith and respecting at all times the law in force and these Terms and Conditions.
In particular, but without limitation, Users shall not:
i.Register or communicate data that is not true, accurate, complete and/or up to date, or access the Website using the name, identification data or password of another User or impersonate any person or identity.
ii.Use the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind.
Green Factor reserves the right to deny any attempt to access the Website, cancel accounts, delete or modify contents, or cancel the provision of Services in the cases in which an incorrect use of the Web Site takes place.
6.- Content Users submit to the Website
Green Factor may request or allow the Users to share ratings, comments, photos, or similar material on the Website. All such material must not be of an abusive, defamatory nature, or in any way breach any law or third party rights and is not permitted to contain offensive, obscene, pornographic or illegal comments.
Green Factor reserves the right to remove all those comments and contributions that violate the law, the respect to the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that attempt against youth or childhood, order or public safety or that, in its opinion, are not suitable for publication.
In any case, Green Factor will not be responsible for the opinions expressed by the Users through comments or other participation tools that the Website may contain.
7. Sales conditions
Sales are limited to the following countries: AT, BE, BG, HR, CH, CY, CZ, DK, EE, FI, FR, DE, GR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, ES, SE, GB, IS, LI, SI and NO.
In no event shall Green Factor intentionally offer for sale more units than it has available. In the event that the Product is not available after the order has been placed, the User will be informed and offered the possibility to delay the delivery or to replace the Product with a similar one or, failing that, to refund the amount paid.
8. Prices and method of payment
All prices of the Products indicated on the Website are expressed in Euros or Pounds Sterling, and include VAT and any other taxes that may apply. The User may have to pay local import taxes when receiving international orders.
The User will be responsible for any customs duties, import taxes and possible duties payable. Green Factor has no influence on these additional costs and cannot make any statement on the amount of such costs. For further information, please contact the customs authorities of the place of destination of shipment of the Products.
The User will receive the Product at the postal address provided by the User in the purchase process. The cost of shipping is not included in the price of the Products (unless otherwise specified during promotions). Prior to the purchase of the Product, the User will be informed of the exact shipping cost.
The User may pay the amount corresponding to his/her order by the means of payment accepted on the Website: Payment by credit or debit card and bank transfer.
Within a maximum period of twenty-four (24) hours, Green Factor will send an e-mail to the User, confirming the details of the purchase made. Said e-mail will assign a reference code of the purchase, and will detail the characteristics of the Product, its price, the shipping costs and the details of the option chosen to make the payment of the Products purchased, as well as the corresponding invoice or receipt once the order has been formalised, that is to say, after the acceptance of these Terms and Conditions and the corresponding payment.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.
The terms of payment will be subject to the terms of the Payment Method provider chosen by the User and agreements established between the User and the relevant financial institution, credit or debit card issuer if applicable. If Green Factor does not receive the payment corresponding to the contract through the Payment Processor, the User agrees to make the payment directly to Green Factor by bank transfer.
At the moment of making the purchase, the User must provide complete and updated information of his bank account and must notify Green Factor of any undue or fraudulent charge in the payment method used for the purchases, by sending an email to firstname.lastname@example.org, as soon as possible so that Green Factor can make the appropriate arrangements.
Green Factor may offer promotions or discount codes directly or through authorised third parties, as long as there is available inventory related to these promotions, and subject to the conditions that are officially communicated by Green Factor.
9. Time limits, place of delivery and losses
9.1. Delivery of the Product
Green Factor is committed to delivering the Products in perfect condition to the postal address indicated by the User. In order to optimise the delivery, we ask the User to indicate an address to which the order can be delivered during normal working hours.
Green Factor will not be responsible for delivery errors caused when the delivery address entered by the User in the order form is inaccurate, does not correspond to reality, is false or has been omitted.
Notwithstanding the above, Green Factor undertakes to adopt all measures available, so that the delivery of the orders can be made in the agreed time, and if not, as soon as possible, to the satisfaction of the addressee.
9.2. Delivery time and notification
The User will receive the Product he/she has purchased through the Website within a maximum of four (4) days after Green Factor confirms the reception of the order request.
The User must take into account that in certain dates and periods of the year (Christmas, sales periods, black friday, Covid-19, etc.) the delivery time of the shipments could be affected, due to the saturation of transport. Therefore, it is recommended to reserve and/or purchase the articles of interest, with sufficient time in advance so that they arrive at their destination on the dates desired by the User.
Green Factor informs you that it will not make deliveries on Saturdays and Sundays, nor on national or local holidays that could affect the related transport activities.
In the event that the User cannot be located at home, the courier company will leave a notice indicating where the order is and how to proceed to collect it.
As previously mentioned in section 8 of these Terms and Conditions, delivery costs are not included in the price of the Products (unless otherwise specified during promotions). However, the User will be informed prior to the purchase of the Product.
9.3. Diligence in delivery
The User must check that the package is in good condition with the carrier delivering the Product ordered.
If the User detects any anomaly in the Product, he/she must indicate it in the delivery note and, at the same time, communicate it to Green Factor by means of an e-mail to the following address: email@example.com
10. Green Factor Products
The sale of Products through the Website is intended for Users over 18 years of age.
The data included on the Website in the descriptions of the Products are for information purposes only.
Therefore, Green Factor declines any responsibility for the appearance of errors in such information, although it undertakes to take all the measures within its reach to correct as soon as possible the referred errors or omissions after having been informed of them.
The User is aware that the Products offered through the Website are not medicines.
The Products include a recommendation of use or application provided by the manufacturer that in no case corresponds to the treatment of ailments or diseases.
Any information or recommendation on the Website and/or the Products is in no way a substitute for the opinion of a medical professional. The User should consult a medical professional for the treatment of any ailment or illness.
The Products should not be used during pregnancy or breastfeeding.
The User agrees that the use of the Products offered by Green Factor through the Website is at the User's own risk and responsibility. Green Factor is not responsible for the consequences arising from the incorrect or improper use of the Products.
11. Returns and right of withdrawal
11.1. Returns for manufacturing defects on the Product
In the cases in which you consider that, at the moment of delivery, the product does not conform to what is stipulated in the contract, you should contact us immediately through our contact channels firstname.lastname@example.org providing the details of the Product, as well as the damage it suffers, providing photographs of the Product, and we will give you instructions on how need to proceed. During the warranty period, the User will be able to return to Green Factor, free of charge, any Product that presents a manufacturing defect.
We will carefully examine the returned Product and will inform you by e-mail within a reasonable period of time whether a refund or replacement of the Product (if applicable) is appropriate. The refund or replacement of the Product will be made as soon as possible and in any event within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming Product is appropriate.
Amounts paid for Products that are returned to us because of a defect, where such a defect actually exists, will be refunded to you in full, except for the delivery costs incurred in delivering the product to you. The return shall be made by the same means of payment that was used to pay for the purchase.
Each Product to be returned must be in perfect condition, unused and with all its labels, packaging and, if applicable, original documentation and accessories that came with it, as well as including the duly completed return form and a copy of the delivery note and invoice. If the Product is not returned in its original packaging, Green Factor reserves the right to refuse the return.
The User will be responsible for any costs incurred in delivering the return shipment to our premises.
In any case, the rights recognised by the legislation in force remain unaffected.
11.2. Return Policy: Possibility of exercising the Right of Withdrawal of your order
In the event that the User is not satisfied with the Product received in his order, the User, in accordance with Consumer Protection Law, will have a period of 14 calendar days to return it, without penalty and without the need to indicate the reasons.
When returning the Product, the User shall bear the direct cost of returning the order.
In order to formalise the return, the User must complete and send the withdrawal form which can be found at the end of these Terms & Conditions
Once this communication is received, Green Factor's Customer Service team will contact the User to inform him/her about the incident number and how to proceed with the return.
Each Product to be returned must be in perfect condition, unused and with all its labels, packaging and, where appropriate, original documentation and accessories that came with it, as well as including the return form duly completed and a copy of the delivery note or invoice. If the Product is not returned in its original packaging, Green Factor reserves the right to refuse the return.
Once the Product has been received, Green Factor will proceed to refund the amounts paid as soon as possible and, in any case, within 14 calendar days after the receipt of the Product in Green Factor's warehouse.
In the event that the User decides to change the Product that he/she has purchased, he/she must communicate this to Green Factor through an email to the address: email@example.com within 14 calendar days following the reception of the Product.
Once the email has been received, Green Factor will proceed to verify if the Product for which the User wants to exchange is available.
As soon as Green Factor verifies such availability, it will contact the User to indicate the availability of the Product that the User has requested, as well as the delivery time of the Product, in case Green Factor has a Product with those characteristics requested by the User.
In the event that Green Factor confirms to the User the availability of the Product that is the object of the exchange, the User must send the Product to Green Factor's address, so that Green Factor can check that the Product is in perfect condition.
The User must know that the Product that is the to be exchanged must be in perfect condition, unused and with all its labels, packaging and, if applicable, original documentation and accessories that came with it.
The delivery time of the new Product will depend on the actual availability of the Product.
The User will be able to exchange the Product free of charge, except for the shipping costs.
12.- Intellectual Property
12.1 Intellectual and Industrial Property relating to the Website
All rights over the content, design and source code of this Website and, especially, by way of example, but not limited to, all rights over the photographs, images, texts, logos, designs, brands, commercial names, data included in the Website and any other intellectual and industrial property rights are owned by Green Factor, or by third parties who have expressly authorised Green Factor to use them in its Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regulating, clarifying and harmonising the current legal provisions on the subject, as well as in the Law 17/2001, of 7 December on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, modify or delete any of the contents of the Web Site and any other intellectual and industrial property rights of Green Factor, it is expressly forbidden the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of the Web Site, in any support and by any technical means, unless expressly authorised in writing by Green Factor.
Green Factor does not grant any licence or authorisation of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Web Site, and in no case it will be understood that the access and navigation of the Users implies a renunciation, transmission, licence or total or partial cession of such rights by Green Factor.
Any use of those contents not previously authorised by Green Factor will be considered a serious breach of the intellectual or industrial property rights and will give rise to the legally established responsibilities.
12.2 Intellectual and Industrial Property related to the content submitted by Users
By sharing the content referred to in clause 6 of the present Terms and Conditions, the User is granting Green Factor a royalty-free licence, without time limit or restrictions, sub-licensable worldwide to reproduce, modify, edit, distribute and make public the content contributed by the User for any purpose, including the promotion and marketing of Green Factor and its Products.
The legitimacy of the intellectual or industrial property rights corresponding to the Contents provided by the Users is the exclusive responsibility of the Users, so the User will hold Green Factor harmless from any third party claim derived from the illicit use of Contents in the Website.
13.- Exclusion of liability
Green Factor excludes all guarantees and responsibilities within the limits allowed by law, except those that cannot be legitimately excluded in front of consumers and users. The provisions of this clause will not affect the rights as a consumer and user, nor the User's right of withdrawal.
In any case, Green Factor does not grant any guarantee and is not responsible for the damages of any nature that could derive from the access or use of the contents of the Web Site. Among others, and by way of example and without limitation, Green Factor is not responsible for the following circumstances:
i.The content of the Website, its reliability, accuracy, and temporal adequacy.
ii.Likewise, Green Factor is not responsible for the content of third parties, including plugins, tools or service providers that are provided or appear on the Website.
iii. Green Factor does not commit to any specific result from the use of the Website.
iv.Manufacturing defects in the Products purchased by the Users.
v.For any loss or damage of any kind incurred as a result of the use of the Product.
vi.For the lack of availability, maintenance and effective functioning of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the functioning of the Website.
vii.The lack of usefulness of the Website or its contents for any service.
viii.For the content of other Internet pages to which links may be placed on the Website.
ix.The existence of viruses, malicious or harmful programs on the Website.
x.Of the illicit, negligent, fraudulent use, contrary to the present Terms or to the good faith, of the Web Site or its contents, by the Users, including any infringement of the Intellectual and/or Industrial Property rights of Green Factor or of third parties.
xi.Incidents caused by the lack of due diligence on the part of the User or by the improper use of the Web Site.
xii.For the publication through the Web Site of comments and opinions that infringe the rules mentioned in the present Terms and Conditions, the applicable legislation or the rights of third parties.
xiii.Of the cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Web Site as a consequence of energy restrictions, the blocking of telecommunications or of the Internet network, actions or omissions of third parties, telecommunication operators or service, supply or transport companies or any other causes or circumstances independent of the will of Green Factor that prevent the normal use of the Web Site.
xiv.From loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any other similar damages arising out of the use of any of the Products purchased through the Web Site.
xv.For any health, personal, business or other problems arising from the misuse or non-use of the Green Factor Products.
The Website may contain hyperlinks that allow the User to access third party Websites. Green Factor does not assume any responsibility for the content, information or services that may appear in such sites, which will be understood to be offered exclusively for informative purposes by Green Factor, and which in no case imply any relation, acceptance or endorsement between Green Factor and the persons or entities that own such contents or the owners of the sites where they are located.
15.- Dispute resolution
These Terms and Conditions are subject to Spanish law. The parties, in accordance with the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the place of residence of the User.
16.- Out-of-court online dispute resolution
The User can access the European Comision's out-of-court online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Green Factor reserves the right to make as many modifications as it deems appropriate in the present Terms and Conditions, in which case the Users will be previously informed.
These modifications will be valid as soon as they are published on the Website.
18.- Safeguard clause
All clauses or terms of these Terms and Conditions must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the Terms and Conditions.
HOW TO USE THE WITHDRAWAL FORM?
If you wish to withdraw from this contract, you must explain the reasons reasons behind this decision and return the Product to us within 14 calendar days of receipt of your order.
If you send us the Product after the deadline, Green Factor reserves the right to refuse the reception of the Product.
Please read carefully the instructions on how to proceed with your withdrawal:
1. Indicate your intention to return the Product using the format below on ANNEX 1. The form must be correctly filled in and must be sent to the following address:
2. After receiving your withdrawal email, we will get back to you with the necessary information so that you can return the purchased Product to us.
3. Green Factor's customer service team will include your incident number and how to proceed with the return.
4. Once we have received your order back in our warehouse, your refund will be processed and confirmed by email containing all the information related to the transaction.
For more information, we recommend that you consult the above Terms and Conditions on our Website where the general conditions of sale of our Products are detailed.
PRODUCT WITHDRAWAL AND RETURN FORM
To the attention of:
GREEN FACTOR SOLUTIONS, S.L.
Calle Grillo 18 Pozuelo de Alarcón, 28223, Madrid.
I hereby inform you that I withdraw from my contract of sale and/or wish to return my products for the following order:
[Provide your order number, and description of the Product].
- Ordered on/received on: [indicate date of contract/date of receipt of order]
- User’s name:
- User's address: