TERMS AND CONDITIONS
Article 1 – Definitions
- Profkratom, established in Amsterdam, is referred to as seller in these general terms and conditions.
- The seller’s other party is referred to as the buyer in these general terms and conditions.
- Parties are both the seller and the buyer.
- The offer means the products that Profkratom offers and the associated conditions.
- The agreement means the purchase agreement between both parties.
Article 2 – Applicability
- These terms and conditions apply to the delivery of goods on behalf of the seller to buyer.
- A deviation from these conditions is only possible if the parties have agreed on this in writing.
Article 3 – The offer
- The buyer must be 18 years or older before he/she can make a purchase.
- If an offer has a limited duration or if it is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and an accurate description of the products offered. The description is sufficiently detailed in order to allow a proper assessment of the offer by the buyer. Obvious mistakes or errors in the offer are not the responsibility of the seller.
- The seller is not responsible for any health damages of the buyer or any other material or immaterial damages resulting from the incorrect use of the product by the buyer.
- The buyer is responsible for the knowledge and understanding of laws, rules and restrictions in regards to the offer.
- The risk of loss of the product and liability is transferred to the buyer as soon as the order leaves our warehouse.
Article 4 – The agreement
- The agreement is made at the time the buyer accepts the offer and meets the corresponding conditions.
- If the buyer has accepted the offer electronically, the seller will immediately confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the seller, the buyer can terminate the agreement.
- If the agreement is made electronically, the seller will take appropriate technical and organizational measures in order to secure the electronic transfer of the data and it will ensure a safe web environment. If the buyer wants to pay electronically, the seller will take appropriate security measures.
- The seller reserves the right to refuse a sale or delivery without giving a reason.
Article 5 – Payment & Prices
- The full purchase price is paid immediately by the buyer upon the checkout.
- The prices stated on the web store include VAT.
Article 6 – Execution & Delivery
- The seller will take the greatest possible care when receiving the orders and during its processing.
- The buyer is obliged to purchase the products at the moment that the seller has them delivered to him.
- If the buyer refuses the delivery, the seller is then entitled to recover the costs from the buyer.
- The delivery period specified by the seller is an estimation. This is never a fixed period.
- As soon as the purchased products have been received by the buyer, the risk of damage is then transferred from seller to buyer.
Article 7 – Research
- After the delivery of the products, the buyer is obliged to examine these for quality and quantity within the shortest possible time.
- Damages or shortages must be submitted in writing by the buyer within 10 working days after the day of delivery.
- If the complaint is found to be correct, the seller has the right to rectify this by either delivering the product again or by sending a credit note for that part of the selling price.
- Usual deviations and differences in quality cannot be claimed against the seller.
- Complaints in regards to a certain product do not affect other products from the same delivery.
Article 8 – Guarantees
- The seller guarantees that the delivered products meet the agreement.
- The guarantee of the products sold by the seller is valid for 14 days after receipt.
- The aforementioned guarantee does not apply if the purchased item is used for purposes for which it is not intended.
Article 9 – Complaints
- The buyer is obliged to immediately report any complaints about the products delivered to the seller. The complaint should contain a detailed description, so that the seller is able to respond accordingly.
- If a complaint is justified, the seller is obliged to resolve this complaint.
Article 10 – Right of return
- The buyer has the right to cancel the purchase within 14 days after receiving the order. The period starts from the moment the order is received by the buyer.
- The buyer can use the return form for this.
-Download the form: form for cancellation
-Fill in and send to: firstname.lastname@example.org.
- During the period up to the date of the return, the buyer will handle the product properly. If the buyer wishes to make use of the right of return, the buyer will then return the product undamaged and in the original packaging to the seller.
Article 11 – Force majeure
- If the seller cannot meet its obligations on time, he is not liable for any damage suffered by the buyer.
- Force majeure means: if after placing the order the seller is unable to ship the products due to a change in the rules in regards to Kratom.
- Force majeure also means: when the supply companies from which the seller depends cannot fulfill the contractual obligations.
- If the above situation occurs, the obligations will be suspended as long as the seller cannot meet them. If it has taken 30 days, the parties have the right to terminate the agreement in writing.
- In the event that the force majeure lasts longer than three months, the buyer has the right to terminate the agreement immediately. This can only be done by registered letter.
Article 12 – The content of the website
All brands, images, texts, comments, illustrations, images, videos, sounds and technical applications used to make the website work are protected by copyright. Any reproduction, repetition, use or adaptation is strictly prohibited without the written permission of the manager.
Article 13 – Applicable law and competent court
- Dutch law applies exclusively to every agreement between the parties.
- The Dutch court in the district from which “Profkratom” is located has the exclusive jurisdiction in regards to hearing any disputes between parties, unless otherwise stated by law.
- If one or more provisions of these general terms and conditions are deemed unreasonable in legal proceedings, the remaining provisions will remain in full force.
Article 14 – Company details
Keurenplein 41, Unit A3511
1069 CD Amsterdam, Netherlands
Phone: +31(0)617984470 (working days: 9am-6pm)