Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. General provisions
1.1 Data about the operator of the online store www.realpurehemp.es, hereinafter referred to as the “seller”.
The seller is
Muscle Body España SL,
NIF:B72634819,
C/ De La Flor Del Taronger 2 Esc.2 4 4 – Torre I (Canet D’En Berenguer)
(hereinafter referred to as “seller”).
1.2 The buyer is any natural or legal person who confirms an order with an obligation to pay on the e-shop www.realpurehemp.es.
1.3 By using the website of the seller’s online store and confirming the order, the buyer agrees to these Terms and Conditions.
1.4 These Terms and Conditions are valid until new Terms and Conditions are issued.
2. The price of the goods
2.1 The prices of individual products displayed on the website of the online store are current and valid. Prices are inclusive of all taxes and fees excluding delivery charges. The seller is a VAT payer.
3. Ordering goods
3.1 The buyer can order the goods via the shopping cart at www.realpurehemp.es
3.2 After sending the order, your order will be processed and a confirmation of receipt of the order will be sent to your e-mail immediately. By sending the order to the seller, the buyer confirms that the seller has fulfilled his information obligations in a timely and proper manner according to section § 3 par. 1 of Act no. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the seller’s premises and on the amendment of certain laws (hereinafter referred to as the “Law on Consumer Protection in the Sale of Goods”). If necessary, all additional information regarding your order will be sent to the e-mail address you provided.
3.3 By sending the order, the buyer undertakes to take over the ordered goods and pay the agreed price for the goods.
3.4 The seller undertakes to deliver the correct type and quantity of goods at the agreed price according to the order.
3.4/A The flowers found on our e-shop are not intended for smoking or other consumption. >collecting and agricultural purposes.
3.5/B Given that the European Union has still not approved the list of new foods
led as “novel food”, among which there will also be CBD as
substance cannabidiol, it is not currently possible to sell oils/drops with
containing CBD as a nutritional supplement or as edible drops. Oils and
the drops that are found in our e-shop cannot be considered
legislation to take orally or in another way, and yet their purchase
or possession is not unlawful. We all hope that the legislation
will soon change and we will be able to classify products from our assortment
as nutritional supplements, i.e. they will be consumable.
Thank you for your understanding, CBD RealPureHemp.es.
3.5 The seller has the right to cancel the order if it is not possible to secure the ordered goods. In such a case, the buyer will be immediately refunded the amount paid in full, or will be offered a replacement product, or another solution, if the buyer agrees. The seller has the right to cancel the order also if he cannot contact the buyer (incorrect or missing contact information, unavailability…).
3.6 By sending the order to the seller, the buyer confirms that the seller has fulfilled his information obligations in a timely and proper manner according to the provisions of § 3 paragraph 1 of the Consumer Protection Act for the sale of goods or the provision of services on the basis of a contract concluded at a distance or a contract concluded outside the operational the seller’s premises and on the amendment of certain laws.
4. Payment and delivery conditions
4.1 The buyer can pay for the goods upon collection of the goods by cash on delivery or by card via the 24-pay service.
4.2 Payment is possible in EURO currency
4.3 By default, we deliver the goods within the Spain. The seller will send the goods to other EU countries only after agreement with the buyer. The price for shipping outside the Spain will be notified to the buyer by e-mail before the ordered goods are shipped.
4.4 The seller sends the tax document (invoice) to the buyer together with the goods.
4.5 The delivery time for the goods offered by the seller is in most cases within 7 working days from the confirmation of the order, the maximum delivery time is 30 days in cases of unavailability of the goods in the seller’s warehouse or it can be extended by agreement with the buyer. The seller will inform the buyer about the extended delivery time and delivery date when confirming the order by phone or e-mail. If the buyer is not satisfied with the announced extended delivery period, he has the option to cancel the order.
4.6 The seller will inform the buyer about the sending/shipping of the goods by e-mail.
4.7 The seller ensures the transport of goods within the Spain. When placing the order, the buyer chooses the carrier by selecting from the offer.
4.8 Charges for the transport of goods, the so-called postage and packaging.
The price for transporting the goods to the designated place is determined as follows:
a) the price for shipping when ordering goods is €4.50 (GLS)
4.9 The place of collection is determined based on the data entered for delivery in the buyer’s order. The delivery of the goods to the specified place is considered to be the fulfillment of the delivery.
4.10 The goods are adequately packed and secured. The buyer is obliged to check the intactness of the shipment when taking over the goods and, in case of damage, not to accept the shipment from the delivery person. In this way, both buyers and sellers avoid unnecessary costs for any product claims.
4.11 Along with the goods, the seller will deliver an invoice (tax document) to the buyer. The invoice serves as both a delivery note and a warranty note.
4.12 The seller is responsible for the goods until they are taken over by the buyer. The goods are considered to be taken over by the consumer at the moment when the consumer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if:
a) goods ordered by the consumer in one order are delivered separately, immediately
taking over the goods that were delivered last,
b) delivers goods consisting of several parts or pieces, at the moment of acceptance
the last part or the last piece,
c) supplies the goods repeatedly during the defined period, at the moment of acceptance of the first delivered goods.
4.13 In the event of greater interest, it may happen that the seller will have a shortage of goods in stock, so he can deliver the ordered goods to the buyer in several packages, with the buyer paying the postage and packaging as for one package.
5. Withdrawal from the contract. Return of goods
5.1 The buyer complies with Act 102/2014 § 7 par. 1, entitled to withdraw from the completed order without giving a reason (according to the law “from the purchase contract”, if the buyer has already taken over the goods) within 14 days from the day of taking over the goods.
5.2 The buyer can exercise the right to withdraw from the contract according to § 7 par. 1 with the seller in documentary form or in the form of an entry on another durable medium; if the contract was concluded orally, any clearly worded statement by the consumer expressing his will to withdraw from the contract (hereinafter referred to as “notice of withdrawal from the contract”) is sufficient to exercise the consumer’s right to withdraw from the contract. The buyer can use e-mail info@realpurehemp.es for withdrawing from the contract, which the seller publishes on his e-shop.
5.3 The buyer is obliged to send the goods back to the seller or hand them over to the seller or a person authorized by the seller to receive the goods within 14 days from the date of withdrawal from the contract at the latest.
5.4 The seller shall, without undue delay, and no later than 14 days from the date of delivery of the notice of withdrawal from the contract, return to the buyer all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees; this does not affect the provisions of § 8 par. 5. mentioned in paragraphs 5.5 and 5.6 and prices for the service, if the subject of the contract is the provision of the service and if the service has been fully provided.
5.5 The seller is not obliged to reimburse the consumer for additional costs if the consumer has explicitly chosen a different delivery method than the cheapest usual delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest common delivery method offered by the seller.
5.6 When withdrawing from the contract, the buyer bears only the costs of returning the goods to the seller or the person authorized by the seller to take over the goods. This does not apply if the seller has agreed to bear them himself, or if he has not fulfilled the obligation according to § 3 par. 1 letter i).
5.5 The seller is not obliged to return the payments to the consumer according to paragraph 5.4 before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller.
5.6 When withdrawing from the contract, the buyer bears only the costs of returning the goods to the seller.
5.7 The buyer cannot withdraw from the contract, the subject of which is, according to § 7 par. 6 letter e) sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery.
6. Complaints and warranty conditions
6.1 Complaint handling is governed by the warranty conditions of specific goods, the Commercial Code and the relevant provisions of the Civil Code and special regulations.
6.2 The warranty period for all goods offered in the seller’s online store is 24 months with exceptions provided by law. Proof of purchase (attached invoice) is always sufficient to exercise rights from liability for errors (complaint). The presentation of the proof of purchase for the purpose of the claim is sufficient even if the warranty certificate was issued, but the customer lost it.
6.3 The warranty does not apply to normal wear and tear of the thing (or its parts) caused by use, mechanical damage to the product caused by the buyer, improper handling of the product, in a way other than what was stated in the user manual, neglect of care and maintenance of the goods , damage to the goods by excessive loading, use of the goods contrary to the conditions stated in the documentation, general principles, technical standards or safety regulations or other violation of the warranty conditions. Errors or damage to the product caused by a natural disaster are also excluded from liability.
6.4 The buyer has the right to complain about a product purchased on sale or at a reduced price, but the fault must not be related to the reason why the product was sold at a reduced price!
6.5 The buyer is obliged to deliver the claimed goods to the claim clean, mechanically undamaged, with a copy of the invoice or a copy of the receipt from the cash register. The buyer is obliged to send a description of the error together with the goods to e-mail info@realpurehemp.es.
6.6 The seller processes the goods complaint without unnecessary delay, but no later than 30 days from the date of delivery of the complaint by the buyer or transport company. After the expiration of this period, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new product. By filing a valid complaint, the warranty period is extended by the duration of the complaint. If the claim was resolved within the statutory warranty period by replacing the goods with a new one, then the warranty period will begin to run again from the date the claim was resolved.
6.7 BUYER PROCEDURE FOR CLAIMS:
6.7.1 As soon as possible after discovering a product defect, the buyer sends the product by registered mail to the seller’s address given in point 1 together with a copy of the proof of purchase and a complaint protocol with a description of the product defect.
6.7.2 In a situation where the goods need to be sent to the seller, the buyer acts in such a way that the goods are packed in a suitable package that will sufficiently protect the goods, meets the requirements for the transport of fragile goods and marks the shipment with the appropriate symbols.
Address for sending complaints:
Muscle Body España SL,
NIF:B72634819,
C/ De La Flor Del Taronger 2 Esc.2 4 4 – Torre I (Canet D’En Berenguer)
6.8 If the claimed goods were sent by post or by a transport company, the transport costs associated with sending the claim to the seller’s address are paid by the buyer. The return of the claimed goods is ensured by the seller by post at his own expense. Any other way of transporting the claimed goods back is paid by the buyer at the express request of the buyer.
6.9 Delivery of the product to the buyer after repair, replacement or rejection of the claim is considered to be settlement of the claim, or refund in case of withdrawal from the contract.
7. Information on alternative dispute resolution
If the buyer is not satisfied with the way in which the seller handled his complaint or if he believes that the seller violated his rights, he has the opportunity to contact the seller with a request for correction. If the seller responds negatively to the request for correction or does not respond to it within 30 days from the date of its dispatch, the buyer has the right to submit a proposal to start an alternative solution to his dispute according to the provisions of § 12 of Act No. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws.
Buyers have the option to use the online dispute resolution platform (“RSO”) to resolve their disputes in the language of their choice. The buyer can use the RSO platform for an alternative resolution of their dispute, which is available on the website https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage . When submitting a submission in the RSO platform, the buyer fills out an electronic complaint form. The information he submits must be sufficient to determine the relevant online alternative dispute resolution entity. The buyer can attach documents to support his complaint.
8. Protection of personal data
In connection with the introduction of new legislation in the field of personal data protection – Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Regulation on data protection) (hereinafter referred to as “GDPR”) and implementing measures to ensure compliance of the agenda of the company Muscle Body España SL,
NIF:B72634819,
C/ De La Flor Del Taronger 2 Esc.2 4 4 – Torre I (Canet D’En Berenguer)
with the GDPR as well as with related relevant legal regulations governing the protection of personal data ( e.g. Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Supplements to Certain Acts, Decrees of the Personal Data Protection Office of the Spain).
Customers can find the general information obligation regarding the protection of personal data at https://www.realpurehemp.es/privacy
9. Final provisions
In Spain, on October 20, 2022