1. GENERAL INFORMATION

The ownership of this website, hispacbd.com, (hereinafter Website) is held by:

PROMODESCUENTOSVIP SL
NIF: B19518083
Address: Calle Pinos Puente 37, 18210 Peligros (Granada).

Contact phone: +34 623 189 254
Contact email: info@hispacbd.com

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (hispacbd.com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that HispaCBD carries out through the Website includes:

Marketing of cosmetics with CBD and creams, ointments and products derived from Hemp. All products contain less than 0,2% THC.

In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and General Conditions of Use, including, the Cookies policy, and the privacy and data protection policy from HispaCBD. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above, so if you do not agree with everything Therefore, you should not use this Website.

It is also reported that these Conditions may be amended. The User is responsible for consulting them each time he accesses, browses and / or uses the Website as those that are in force at the time the acquisition of products and / or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions you can contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

The access, navigation and use of the Website confers the status of user (hereinafter referred to, indiscriminately, individually as a User or jointly as Users), so they are accepted, from the beginning of browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory fulfillment according to the case.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

  • Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
  • Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
  • Provide true and lawful contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is aimed mainly at Users residing in Spain. HispaCBD does not ensure that the Website complies with the laws of other countries, either totally or partially. HispaCBD declines all responsibility that may arise from said access, nor does it insure shipments or provision of services outside of Spain.

The User may formalize, at their choice, with HispaCBD the purchase and sale contract of the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of hispacbd.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on «Place the order ».

Likewise, the User must fill in and / or verify the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that HispaCBD has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where applicable, this information could also be made available to the User through their personal space connecting to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email, and where appropriate, through their personal space connecting to the Website. Likewise, the User can, if they wish, obtain a copy of their paper invoice, requesting it from HispaCBD using the contact spaces on the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, its image on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and / or or cost of benefits; and recognizes that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, HispaCBD is not the manufacturer of the products sold or that may be marketed on the Website. Although HispaCBD makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions that accompany the product.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be archived and preserved in the computerized records of HispaCBD in order to constitute a means of proof of the transactions, in any case, respecting reasonable conditions. security and the laws and regulations in force that are applicable in this regard, and particularly taking into account the LOPD and the rights that assist Users in accordance with the Privacy Policy of this Website (Legal Notice and General Conditions of Use).

4. AVAILABILITY

All purchase orders received by HispaCBD through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the service. of the services. If difficulties arise regarding the supply of products or there are no products left in stock, HispaCBD undertakes to contact the User and refund any amount that may have been paid as payment. This will also be applicable in cases in which the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially in relation to VAT, a different question is indicated and applied.

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where he will consult the available shipping methods and costs and freely choose the one that suits him best.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases in respect of which the User has already received an order confirmation.

Coupons or promotional codes may be used on regular priced products. These coupons may be limited by the number of times redeemed or by the number of customers who redeem it. Coupons cannot be redeemed on products already on sale or during exclusive promotions and we reserve the right to cancel or modify the order in these cases.

The accepted means of payment will be: Credit or debit card or Bank Transfer.

HispaCBD uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses an SSL (Secure Socket Layer) secure payment system.

Credit cards will be subject to verification and authorization by the issuing banking entity. If said entity does not authorize the payment, HispaCBD will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.

Once HispaCBD receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, where applicable, place.

In any case, by clicking on "Place the order" the User confirms that the payment method used is his.

Purchase or acquisition orders in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the confirmation of the order to allow sufficient time for the bank transfer to be taken into account by the system. payment system used by HispaCBD for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.

Using this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and transfer reference. In case of error, HispaCBD will not be able to validate the order, which will be cancelled.

For cash on delivery payment, the User must select "Cash on Delivery" among the payment methods on the Website and continue until Place the order to place the purchase order. From that moment on, HispaCBD reserves the right to contact the User in order to validate the purchase order with them. After this, the order will be prepared and made available for shipping management.

Payment will be made at the time of delivery of the order by the carrier's dealer. Payment will be made only in cash. The User agrees to deliver the exact amount of the order to the carrier's dealer, the latter will not be able to provide change.

For the refund of the amount for orders paid by cash on delivery, HispaCBD reserves the right of 14 calendar days after the return has been requested through the Website and the package has been returned to the carrier. When making the return, the User must indicate their bank details to receive the transfer corresponding to the requested refund of the amount of the returned order. The refund of the amount of orders paid by cash on delivery will be made only by transfer.

HispaCBD reserves the right to suspend payment by cash on delivery to those Users who have not met the necessary requirements in past orders.

6. DELIVERY

In the cases in which it is appropriate to carry out the physical delivery of the contracted good, the deliveries will be made within the scope of the following territory: Spain (Peninsula and Balearic Islands), European Union.

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, attributable to it, HispaCBD cannot meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to continue with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the delivery location in the agreed time slot, they must contact HispaCBD to arrange delivery on another day.

If 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to HispaCBD, HispaCBD will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of additional expenses resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when HispaCBD receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time. after complete receipt of the amount to be paid by HispaCBD.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

In this same sense, and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of November 28, 2006 on the common VAT system, purchase orders will be located, for their delivery and/or provision , in that Member State of the European Union where the address that appears in the purchase order is located and, therefore, the applicable VAT will be that in force in said Member State.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting HispaCBD through the contact spaces enabled. on the Website, and, where appropriate, through those authorized to contact customer service, and/or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal space connecting to the Website.

In any case, the User, before clicking on "Place the order", has access to the space, cart, or basket where their purchase requests are noted down and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise your right of rectification as established in Organic Law 15/1999, of December 13, on the Protection of Personal Data.

8. RETURNS

In the cases in which the User acquires products on or through the Owner's Website, they are assisted by a series of rights, as listed and described below:

Right of withdrawal

The User, as consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the HispaCBD Website or in the event that the goods that make up his order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of of a service contract, 14 calendar days from the day the contract was signed.

To exercise this right of withdrawal, the User must notify HispaCBD of their decision. You may do so, where appropriate, through the contact spaces enabled on the Website or through:

42 Victor Jara Street
18210 Dangers (Granada)
+34 (623)189 254
info@hispacbd.com

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that HispaCBD makes available to them as part annexed to these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, HispaCBD will reimburse the User for all payments received, except for shipping costs, without any undue delay and, in any case, no later than 14 calendar days from the date on which HispaCBD is informed of the decision. of withdrawal by the User.

HispaCBD will reimburse the User using the same payment method used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, HispaCBD could withhold said refund until it has received the purchased products or items, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to HispaCBD at:

42 Victor Jara Street

18210 Dangers (Granada)
And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which HispaCBD was informed of the decision to withdraw.

The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Unwrapped music or video CDs/DVDs as factory sealed; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun. , with the express consent of the consumer and user and with their recognition that they are aware that, once the contract has been fully executed by HispaCBD, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.

Return of defective products or shipping errors

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, they must contact HispaCBD immediately. and let you know the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund or, where appropriate, the replacement of the same. .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be respected.

Warranty

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, HispaCBD being responsible, therefore, for the lack of conformity of the products. same that manifests itself within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract as long as: they conform to the description made by HispaCBD and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products sold on the Website may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and They will not be a defect.

On the other hand, it could be the case that the User acquires a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he or she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, HispaCBD will not accept any responsibility for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach on your part;
  • business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, HispaCBD also limits its liability in the following cases:

  • HispaCBD applies all measures to provide a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others. of this kind.
  • HispaCBD will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, losses or theft of the product.
  • Technical failures that, due to fortuitous or other reasons, prevent the normal functioning of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. HispaCBD uses all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
  • HispaCBD will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, HispaCBD will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
  • In general, HispaCBD will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and This may include, but is not limited to:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and HispaCBD will have an extension in the deadline to comply with them for a period of time equal to the duration of the cause of force majeure. HispaCBD will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with HispaCBD will be electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that HispaCBD sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with HispaCBD through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, HispaCBD may contact and/or notify the User at their email address or at the postal address provided.

11. DISCLAIMER

No waiver by HispaCBD of a specific legal right or action or the lack of a requirement by HispaCBD for strict compliance by the User with any of its obligations will entail a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate to the User of the fulfillment of his obligations.

No waiver by HispaCBD of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by such declaration of invalidity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between the User and HispaCBD in relation to the object of sale and replace any other pact, agreement or previous promise agreed upon verbally or in writing by them. parts.

The User and HispaCBD acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

14 DATA PROTECTION

The information or personal data that the User provides to HispaCBD in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between HispaCBD and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

15. COMPLAINTS AND CLAIMS

The User can send HispaCBD their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, HispaCBD has official complaint forms available to consumers and users, which they can request from HispaCBD at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between HispaCBD and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.