General Terms and Conditions of Use
These are the General Terms and Conditions of Use which govern Users’ use of the online Marketplace, getcannab.com, operated by Canntech Partners B.V.
- In these general terms and conditions of use, the following terms shall have the following meanings:
Account: the online profile which Users create before ordering Products from a Seller via the Marketplace.
Agreement: the contract of sale that arises between the Seller and the Purchaser when a Purchaser orders Products from a Seller via the Marketplace.
Canntech: the operator of the Marketplace, Canntech Partners B.V., a private limited company incorporated under the laws of the Netherlands, registered with the Dutch Chamber of Commerce under number 81356765.
Marketplace: the online marketplace getcannab.com operated by Canntech.
Party: means either one or both of Canntech or the User, as the context dictates.
Product(s): all products offered by any Seller via the Marketplace.
Seller: any merchant user of the Marketplace registered to sell Products via the Marketplace.
User: any person visiting or making use of the Marketplace with the exception of a registered Seller.
- The Marketplace is operated by Canntech. Throughout the Marketplace, the terms “we”, “us” and “our” refer to Canntech.
- Registration of Users
- Where the User registers using a social media account, he/she is responsible for maintaining confidentiality of their social media account login. The User agrees that any person that has access to their email-address or social media account is authorized to act as their agent for the purpose of transacting via the Marketplace, and the User will be responsible for any and all activity on the Marketplace which is conducted using their email address or social media account.
- It is the User’s responsibility to take reasonable steps to prevent unauthorized access to their account via any computer or device that he/she uses to access their account or via their social media account login.
- Independent of the User’s decision on receiving marketing emails by Canntech or any third party, Canntech reserves the right to send service emails regarding the User’s account or any changes to the Marketplace that will have an immediate impact on their account.
- Accuracy, Completeness, Modification and Timeliness of information
- Occasionally there may be information on the Marketplace that contains typographical errors, inaccuracies or omissions that may relate to any of the Products offered by the Seller. These include errors relating to pricing, promotions, offers, Product shipping charges, transit times and availability.
- Canntech reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders for Products placed by a User, without prior notice, if any information on the Marketplace is inaccurate at any time.
- The User does not derive any rights from possible errors, inaccuracies or omissions contained in information that may relate to any Products offered by the Seller on the Marketplace.
- The Seller is solely responsible for maintaining the authenticity and correctness of its Product assortment displayed on the Marketplace. Any changes to the Product assortment must be changed and/or submitted to Canntech immediately.
- It is the User’s responsibility to evaluate the suitability, accuracy, completeness and reliability of information on the Marketplace and information accessed or obtained through using the Marketplace, and any information or content contained therein.
- Canntech accepts no responsibility and makes no representations, guarantees, or warranties that the Marketplace will operate continuously without interruptions or be bug-free. Canntech may need to make the Marketplace unavailable with or without notice to carry out maintenance or perform upgrades. Canntech accepts no liability for any interruption or loss of access to the Marketplace.
- Products on the Marketplace
- The Marketplace attempts to ensure that Product descriptions or images for Products available through the Marketplace are as accurate as possible. However, the Marketplace is not a brand and does not itself package, test, or label the Products available on the Marketplace. The Marketplace does not warrant that Product descriptions, images, or other content available on the Marketplace is accurate, complete, reliable, current, or error-free.
- It is acknowledged and agreed that amounts contained Product descriptions on the Marketplace are averages or estimates, and that amounts may vary for individual items, packages, or orders that a Purchaser receives. Amounts on the Marketplace include without limitation the level (by weight, mass, volume, or percentage) of THC, CBD, other cannabinoids, and terpenes in a Product, the total weight, mass, or volume of a Product.
- The Products advertised on the Marketplace may have limited quantities and are subject to return or exchange only according to the [https://getcannab.com/return-policy-warranty].
- Canntech reserves the right to limit the offer of Products to any person, geographic region or jurisdiction, as well as limit the quantities of any Products offered on the Marketplace. Canntech may exercise these rights on a case-by-case basis. These restrictions may include orders placed by or under the same User account, the same credit card, and/or orders that use the same billing and/or shipping address.
- In the event that Canntech makes changes to or cancels an order for Products via the Marketplace, Canntech may attempt to notify the User by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- Canntech does not give any warranties or guarantees relating to the quality or suitability of any Products purchased by the User via the Marketplace.
- Canntech shall not be liable to the User or any third-party for any modification, price change, suspension or discontinuance of the Marketplace.
- Third Party tools
- Canntech may provide Users with access to [third-party tools] over which Canntech neither monitors nor has any control nor input.
- The User acknowledges and agrees that Canntech provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Canntech shall have no liability whatsoever arising from or relating to a User’s use of optional third-party tools.
- Any use of third-party tools offered through the Marketplace is entirely at the User’s own risk and discretion and the User should ensure that they are familiar with and approve of the terms on which third party tools are provided by the relevant third-party provider(s).
- Third-party links on the Marketplace may direct a User to third-party marketplaces or online platforms that are not affiliated with Canntech. Canntech is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party marketplaces or online platforms. Canntech is not responsible for examining or evaluating the content or accuracy of these third-party marketplaces or online platforms and does not warrant nor have any liability or responsibility for any third-party materials, products, or services.
- It is the User’s sole responsibility to review the third-party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party concerned
- Restrictions on Use
- for any illegal or unauthorized purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state laws;
- to infringe upon or violate Canntech’s intellectual property rights or the intellectual property rights of others;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of harmful code that affects the functionality or operation of the Marketplace;
- to collect or track the personal information of others;
- to interfere with or circumvent the security features of the Marketplace.
- Canntech reserves the right to terminate a User’s use of the Marketplace for violating any of these restrictions on use.
- Intellectual Property
- Canntech retains all rights, title and interests, including intellectual property rights, in the Marketplace and its content. Unless otherwise stated, all materials published on the Marketplace are protected by copyright and intellectual property laws.
- A User may not reproduce, republish, transmit or distribute any material, information or content on the Marketplace, without Canntech’s prior written consent.
- Users are granted a non-exclusive, non-transferable license to use the software on the Marketplace solely in executable form and only to the extent necessary for the use of the Marketplace.
- Limitation of Liability
- It is expressly agreed and acknowledged that the Marketplace:
- is a technology services provider;
- is not a licensed medical, CBD or adult-use cannabis retailer, brand, producer or cultivator;
- does not itself provide delivery services to Purchasers;
- does not employ or contract drivers / delivery companies who provide delivery services; and
- does not cultivate, manufacture, package, label, test, or sell CBD, medical or adult-use cannabis.
- It is the sole responsibility of the Seller to offer its services to the Purchaser in a legal and compliant manner, which are facilitated through its use of the Marketplace. The Marketplace has no responsibility or liability for any delivery services provided by Sellers or its drivers / delivery contractors.
- The Marketplace provides a virtual platform where Purchasers can connect with lawfully operated cannabis, CBD collectives, cooperatives, and related delivery service providers, i.e. Sellers. The Marketplace is not a dispensary itself or a medical provider, and you acknowledge that the Marketplace does not provide medical advice in any capacity whatsoever.
- The Marketplace thus has no legal or financial responsibility for the quality of Products, product composition, concentration of compounds (including cannabinoids), the compliance of Products with regulations (European Regulations, UK or Swiss regulations) or delivery of the Product. The legal and financial responsibility for Product quality, composition (concentration of compounds), packaging, delivery and Product compliance with applicable regulations belongs to the Seller.
- Canntech does not guarantee, represent or warrant that the use of the Marketplace will be uninterrupted, timely, secure or error-free. Canntech may remove access to the Marketplace for indefinite periods of time or cancel a User’s access at any time, without notice.
- The User expressly agrees that their use of, or inability to use, the Marketplace is at their sole risk. The Marketplace and all Products offered on the Marketplace is provided ‘as is’ and ‘as available’ without any representation, warranties or conditions of any kind, either express or implied.
- In no case shall Canntech, its directors, officers, employees, affiliate or agents be liable for any injury, loss, claim, or any damages of any kind, including, without limitation lost profits, lost revenue, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from:
- the use of, or inability to use, the Marketplace or any Products procured from the Seller via the Marketplace;
- use of or reliance on any content displayed on the Marketplace;
- any failure or delay in any component of the Marketplace;
- any use of or reliance on any information, material, software or Products obtained through the Marketplace; or
- any Agreement between a Purchaser and Seller or attempt to enter into an Agreement.
- It is expressly acknowledged, agreed, and understood that any statements relating to CBD products, wellness or cannabis goods, accessories or any other Products available on the Marketplace have not been evaluated by the FDA or any European Health Regulators. Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. The Products available on the Marketplace are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any Products.
- It is expressly agreed and acknowledged that the Marketplace:
- Personal Data
- Applicable law
- Choice of Forum
- Where the User is not a consumer (i.e. his or her use of the Marketplace is for a purpose that can be regarded as being in the context of his trade or profession), the Parties submit to the exclusive jurisdiction of the courts of The Netherlands.