Terms and Conditions
Terms and Conditions of https://cbdplatform.xyz/
These Terms govern in a binding manner • the use of this Application e • any other Agreement or legal relationship with the Owner Capitalized expressions are defined in the relevant section of this document. The User is requested to read this document carefully. The person responsible for this Application is: FINETH CORPORATE LIMITED based in 9 Seagrave Road (London SW6 1RP). Company Number 14509472, Owner's email address: info@cbdnetworkevolution.com To know at a glance • Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. In case of failure to mention, the clauses apply to all Users. • The right of withdrawal applies only to European Consumers. • The use of this Application and the Service is reserved for Adult Users in accordance with applicable law.
TERMS OF USE
Unless otherwise specified, the conditions of use of this Application set out in this section have general validity. Further conditions of use or access applicable in particular situations are expressly indicated in this document. By using this Application, the User declares to meet the following requirements: • There are no restrictions on Users with respect to whether they are Consumers or Professional Users; • The User is of legal age in accordance with the applicable law; Registration To use the Service, the User can open an account by indicating all the data and information requested in a complete and truthful manner. You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available. It is the responsibility of the Users to keep their access credentials in a secure way and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Application. By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials. Users are required to inform the Owner immediately and unequivocally using the contact details indicated in this document if they believe that their personal information, such as for example the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted. Account closure The User is free to close his account and cease using the Service at any time, following this procedure: • By contacting the Data Controller at the addresses in this document. Account suspension and deletion The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms. The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or indemnity. The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable. Content on this Application Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on this Application does not violate the applicable legislation or the rights of third parties. However, this result is not always possible. In such cases, without any prejudice to legally exercisable rights and claims, Users are requested to address the relative complaints to the addresses specified in this document. Rights to the contents of this Application The Owner expressly holds and reserves all intellectual property rights on the aforementioned contents. Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service. In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/assigning to third parties or creating works derived from the content available on this Application, to allow third parties to undertake such activities through your User account or device, even without your knowledge. Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain contents available on this Application exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller. The limitations and exclusions provided for by copyright legislation remain unaffected. Access to external resources Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability. The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law. Permitted use This Application and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law. It is the sole responsibility of the User to ensure that the use of this Application and/or the Service does not violate the law, regulations or the rights of third parties. Therefore, the Owner reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Application or to the Service, terminate contracts, denounce any reprehensible activity carried out through this Application or the Service to the competent authorities - p. eg. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place: • violations of law, regulation and/or the Terms; • infringement of third party rights; • acts which may considerably prejudice the legitimate interests of the Data Controller; • offenses to the Data Controller or to a third party.
TERMS AND CONDITIONS OF SALE
Paid products Some of the Products offered on this Application as part of the service are paid. The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application. Product Description Prices, descriptions and availability of the Products are specified in the respective sections of this Application and are subject to change without notice. Although the Products on this Application are presented with the greatest accuracy technically possible, the representation on this Application by any means (including, as the case may be, graphics, images, colors, sounds) are intended for reference only and do not imply any guarantee regarding the characteristics of the Product purchased. The characteristics of the selected Product will be specified during the purchase procedure. Purchase procedure Each stage, from choosing the product to placing the order, is part of the purchase process. The purchase procedure includes the following steps: • Users are requested to choose the desired Product and verify their purchase choice. • After checking the information visible in the purchase choice, Users can place the order by submitting it. Sending the order Sending the order involves the following: • The sending of the order by the user determines the conclusion of the contract and causes the User to pay the price, taxes and any additional charges and expenses, as specified on the order page. • In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User's obligation to collaborate consequentially. • Once the order has been submitted, Users will be sent a confirmation of receipt of the order. All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose. Prices During the purchase procedure and before placing the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them. Prices on this Application: • depending on the section that the User is consulting, they include all applicable commissions, taxes and costs or are indicated net of applicable commissions, taxes and costs. Means of Payment Details of accepted means of payment are highlighted during the purchase process. Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this Application. All payments are handled independently by third-party services. Therefore, this Application does not collect payment-related data - such as credit card numbers - but receives a notification once the payment is successful. In the event that a payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User. Reservation of Ownership. Until the Holder receives payment of the full purchase price, the User does not acquire title to the Products ordered. Delivery Deliveries are made to the address indicated by the User and in the manner indicated in the order summary. Upon delivery, Users should check the contents of the package and promptly report any anomalies to the contact information provided herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged. Delivery may be to the countries or territories specified in the relevant section of this Application. Delivery times are indicated on this Application or during the purchase process. Failure to deliver The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the courier has been engaged by the User. In the event that the goods are not delivered or picked up at the time or within the time specified, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree to further arrangements. Unless otherwise specified, each delivery attempt from the second will be the responsibility of the User. User's Rights Right of Withdrawal Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section. Who has the right of withdrawal Unless one of the exceptions listed below applies, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification. Users who do not meet these requirements do not enjoy the rights described in this section. Exercise of the right of withdrawal In order to exercise the right of withdrawal, the User must send the Holder unequivocal notice of his intention to withdraw from the contract. For this purpose, the User may use the model withdrawal form found in the definitions section of this document. However, the User is free to express his or her intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires. When does the withdrawal period expire?
In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and different from the courier - takes possession of the goods.
In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and different from the courier - takes possession of the last of the goods, lots or pieces. Effect of withdrawal The Holder shall refund all payments received including, if made, those related to delivery charges to Users who have properly exercised their right of withdrawal. However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Holder shall remain the responsibility of the User. The refund shall be made without undue delay and in any event within 14 days from the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal. ... on contracts for the purchase of tangible goods Unless the Holder has offered to collect the goods, the User is obliged to return them to the Holder or other person authorized by the Holder to receive them without undue delay and in any case within 14 days from the day on which the User communicated his intention to withdraw from the contract. The deadline is met if the delivery of the goods to the carrier or other authorized person occurs before the expiration of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of return of the goods. The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics and function. The cost of return shipping shall be borne by the User. Legal warranty of conformity of the Product According to European legislation, the seller guarantees the conformity of the sold goods for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer. Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on this Application in accordance with the laws of the country in which they ordinarily reside. The national laws of that country may grant such Users broader rights. Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country in which they ordinarily reside. Limitation of Liability and Indemnity Australian Users Limitation of Liability. Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at Holder's option, to a reprovision of the Services or payment of the cost of re-provision thereof. US users Disclaimer of Warranty The Owner provides this Application "as is" and as available. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or noninfringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, brand coowners, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service will be free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk, and the User is solely responsible for any damage to the User's computer system or mobile device or loss of data resulting from such operation or the User's use of the Service. The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third party providers of products or services. The Service may become inaccessible or not function properly with the User's browser, device, and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation, or use of the Service. Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent provided by law. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be held liable for:
any indirect, intentional, collateral, special, consequential or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use, or inability to use the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or User account or information contained therein;
any errors, omissions or inaccuracies in the content;
personal injury or property damage, of any nature, resulting from Your access to or use of the Service;
any unauthorized access to the Owner's security servers and/or any personal information stored therein; and
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojans or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter. This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law. Indemnity The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising out of
Your use of or access to the Service, including any data or content transmitted or received by You;
User's breach of these Terms, including, without limitation, any breach by User of any representation or warranty set forth in these Terms;
Your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
your violation of any applicable law, rule or regulation; or
any content posted by User's account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by third parties with User's personal username and password or other security measures, if any
the willful misconduct of the User; or
the violation of any legal provision by User or its affiliates, officers, agents, brand coowners, partners, suppliers and employees, to the extent permitted by applicable law Common Provisions No implied waiver The Owner's failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to any specific right or claim. Interruption of Service. In order to ensure the best possible level of service, the Owner reserves the right to discontinue the Service for purposes of maintenance, system upgrades or any other changes by giving appropriate notice to Users. To the extent permitted by law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Owner will ensure that Users can extract their Personal Data and information according to the provisions of the law. Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructure malfunctions, blackouts, etc.). Resale of the Service Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the Owner's prior written consent, expressed directly or through a legitimate resale program. Privacy policy Information on the processing of Personal Data is contained in the privacy policy of this Application. Intellectual property Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected pursuant to international laws and treaties applicable to intellectual property. All trademarks - verbal or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected pursuant to legislation and international treaties applicable to intellectual property. Changes to Terms The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users. The changes will affect the relationship with the User only for the future. Your continued use of the Service constitutes your acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in either party being entitled to withdraw from the Agreement. The previous applicable version continues to govern the relationship until accepted by the User. This version can be requested from the Owner. If required by applicable law, the Owner will specify the date by which the changes to the Terms will take effect. Assignment of the contract The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users. The provisions relating to the modification of these Terms apply. The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner. Contacts All communications relating to the use of this Application must be sent to the addresses indicated in this document. Safeguard clause Should any of the provisions of these Terms be or become null or ineffective pursuant to the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective. US users Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose. These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object. These Terms will be enforced to the fullest extent permitted by law. European users Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to find a valid and effective replacement provision for the void, invalid or ineffective provision amicably. In the event of non-agreement in the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal discipline. Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not void the entire Agreement, unless the void, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties. Applicable law The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict rules. Except for European Consumers However, regardless of the foregoing, if the User acts as a European Consumer and has his habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails. Jurisdiction The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms belongs to the judge of the place where the Owner is established, as indicated in the relevant section of this document. Exception for European Consumers The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland. Dispute Resolution Amicable settlement of disputes Users can report any disputes to the Owner, who will try to resolve them amicably. While Users' right to take legal action remains unaffected, in the event of disputes relating to the use of this Application or the Service, Users are kindly requested to contact the Owner at the contact details indicated in this document. The User can address a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, details of the order, purchase or account concerned. The Data Controller will process the request without undue delay and within 21 days of its receipt. Consumer Dispute Resolution Platform The European Commission has introduced an online alternative dispute resolution platform that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service agreements. Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. Definitions and legal references This Application (or this Application) The structure that allows the provision of the Service. Agreement Any legally binding or contractual relationship between the Owner and the User governed by the Terms. Commercial user Any User who does not meet the definition of Consumer. European (or Europe) Defines a User physically present or having its registered office in the European Union, regardless of nationality. Model withdrawal form Addressed to: FINETH CORPORATE LIMITED, 9 Seagrave Road (London SW6 1RP). Company Number 14509472, Owner's email address: info@cbdnetworkevolution.com I/we hereby notify the withdrawal from my/our contract of sale of the following goods/services: __________________ (insert here a description of the goods/services from whose purchase you intend to withdraw) Ordered on: _____________________________________________ (insert date) Received on: _____________________________________________ (insert date) Name of consumer(s):_____________________________________________ Address of the consumer(s):_____________________________________________ Date: _____________________________________________ (sign only if this form is notified in paper version) Owner (or We) Indicates the natural or legal person who provides this Application and/or offers the Service to Users. Product A good or service that can be purchased through this Application, such as for example a tangible good, digital files, software, booking services, etc. The sale of a Product may be part of the Service, as defined above. Service The service offered through this Application as described in the Terms and on this Application. Terms All the conditions applicable to the use of this Application and/or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most updated version. User (or You) Means any natural person who uses this Application. Consumer Any natural person who, as a User, uses goods or services for personal purposes and, in general,
Last updated