Terms and Conditions
Please read all these terms and conditions (“Terms and Conditions”).
As we can accept an order made through this Website automatically and make a legally enforceable agreement without further reference to you, please read these Terms and Conditions carefully before you submit your Order to us. These terms tell you who we are, how we will provide any Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- These Terms and Conditions will apply to the purchase of the Products by you (the Customer or you). We are Hempura Limited, a company registered in England and Wales under number 09276119 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ with email address [email protected]; (Hempura or us or we).
- These are the terms on which we sell our Products to you. By ordering any of the Products, you agree to be bound by these Terms and Conditions. You can only purchase the Products from the Website if you are eligible to enter into a contract and are at least 18 years old.
- In some areas you will have different rights under these Terms and Conditions depending on whether you are a Business or a Consumer. You are a Consumer if:
- you are an individual; and
- you are buying products from us wholly or mainly for your personal use (not for use in connection with a Business).
- To avoid any confusion provisions specific to Businesses only are in bold.
- If you are a Business these terms constitute the entire agreement between us in relation to your purchase of any Products. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions
Business means a commercial entity that is purchasing the Products in order to resell them or use them in connection with a trade, craft or profession. Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Products construed in accordance with, and subject to, these Terms and Conditions;
Delivery Location means the location where you have requested the Products are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Order means the Customer’s order for the Products from Hempura as submitted following the step by step process set out on the Website;
Products means the Products advertised on the Website that we supply to you of the number and description as set out in the Order;
Website means our website www.hempura.co.uk on which the Products are advertised.
- The description of the Products is as set out in the Website, catalogues, brochures or any other form of advertisement. Any description is for illustrative purposes only and may vary to the Products supplied.
- The packaging of the Products may vary from that shown in images on our Website.
- All Products which appear on the Website are subject to availability and we reserve the right to make changes to the Products available on the Website at any time.
- We can make beneficial changes to Products you have ordered. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example, to optimise the Products.
- While every effort is made to ensure our Products contain extremely low levels of THC (as required by law the THC content must average less than 0.2%), you acknowledge there is the potential for contaminant levels of THC, that could, after sustained use, cause a user to test positive for THC under standard test conditions. As this is outside of our control, we advise users who are required to take drug tests for employment or other reasons not to use the Products and to the fullest extent permissible by law we disclaim all liability for any consequences that arise from a drug test failure by any user of our Products.
- Personal information and Registration
- When purchasing Products through the Website you may do so as a ‘guest’ or by registering to use the Website. If you wish to become a registered user of the Website, you can register via the Website. You remain responsible for all actions and security in relation to your account.
- We retain and use all information strictly under the Privacy and Cookies Policy
- We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
- Basis of Sale
- The description of the Products on our Website does not constitute a contractual offer to sell the Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Products ordered when you receive an email from us confirming the Order (Order Confirmation) or within 2 Business Days of the Order being placed by you, whichever is the earlier. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Products supplied under the Contract.
- If we are unable to accept your Order, we will inform you of this as soon as possible. This may be because one or more of the Products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Product(s) or because we are unable to meet a delivery deadline you have specified. If the Products are not in stock or are otherwise unavailable we will send out an equivalent product, or, if this is not possible, we will give you the option to cancel the Order, amend the Order or wait until the Product is available again, if applicable.
- No variation of the Contract, whether regarding the description of the Products, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Hempura in writing and authorised by a member of our senior staff.
- Price and Payment
- The price of the Products and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- If you are a Consumer, you will be required to pay when using our online checkout service on the Website by submitting your credit or debit card details with your Order. We will take payment immediately or otherwise before delivery of the Products.
- If you are a Business:
- You may use the online checkout service on the Website OR you may also make payment via a bank transfer if you have selected this latter method of payment during the Order process. Payments via bank transfer shall be made in accordance with the instructions supplied to you in the Order Confirmation.
- You must pay all amounts due to us under these Terms and Conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- If you think an invoice that you have been issued by us is incorrect, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- We will deliver the Products, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. Please see our Shipping Policy for further details on delivery.
- If any Products form a commercial unit (a unit is a commercial unit if the division of the unit would materially impair the value of the Products or the character of the unit) you cannot cancel or reject the Order for some of those Products without also cancelling or rejecting the Order for the rest of them.
- We only deliver to the locations listed under our Shipping Policy. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Products in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Products at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Products will become your responsibility from the completion of delivery or Customer collection. You must (if reasonably practicable without breaking the seal) examine the Products before accepting them.
- Risk and Title
- Risk of damage to, or loss of, any Products will pass to you when the Products are delivered to you.
- You do not own the Products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Products still owned by you, in which case you must return them or allow us to collect them.
- Cancellation and Returns for Consumers
Right to cancel
- This is a distance contract (as defined in Clause 9.11.1) which, if you are a Consumer, has the cancellation rights (Cancellation Rights) set out below. If you are a Consumer, you can cancel the Order by telling us before the Contract is completed i.e. prior to delivery or within 14 days of delivery, if you simply wish to change your mind and without giving us a reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Products.
- These Cancellation Rights, however, do not apply to any orders of Products from our Website where the seal has been broken as they are not suitable for return due to health protection and hygiene reasons.
- We may end the Contract for a Product at any time by writing to you if you commit a breach of these Terms and Conditions as follows:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; and/or
you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
- If we end the Contract in the situations set out in Clause 9.3, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching the Contract.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by following the process laid out in the Returns Policy. We will then communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (for example by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Except as set out In Clause 9.7, if you cancel this Contract in accordance with your statutory right to cancel, we will reimburse to you in respect of all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Effects of cancellation in the cancellation period
Deduction for Products supplied
- We reserve the right to make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of unnecessary handling by you (i.e. handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, for example, if it goes beyond the handling that may reasonably be permitted in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. If we refund you the price paid before we are able to inspect any Product and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Timing of reimbursement
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Products supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Products.
- We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- We will make the reimbursement without undue delay, and not later than:
- If you have received Products in connection with the Contract which you have cancelled in accordance with your statutory rights, you must send back the Products in accordance with our Returns Policy without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Products before the period of 14 days has expired.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a Business and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Business and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded;
- sales contract means a contract under which a Business transfers or agrees to transfer the ownership of Products to a Consumer and the Consumer pays or agrees to pay the price, including any contract that has both Products and services as its object.
- Businesses have no right to cancellation under these Terms and Conditions.
- If you are a Consumer, we have a legal duty to supply the Products in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Products will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Products which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your treatment of the Products following delivery.
- If you are a Business we warrant that, on delivery, any Products which we provide to you shall:
- conform with their description; and
- be free from material defects in design, material and workmanship.
- Subject to Clause 10.6, PROVIDED THAT you give us notice in writing within a reasonable time of discovery that any Product does not comply with the warranty set out in Clause 10.4; we are given a reasonable opportunity of examining the Product; and you return such Product to us at our cost, we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.
- We will not be liable for a product’s failure to comply with the warranty in Clause 10.4 if:
- you make any further use of such product after giving a notice in accordance with Clause 10.5;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- you alter the product without our written consent; or
- the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.
- Except as provided in Clause 10.5, we shall have no liability to you in respect of any Product’s failure to comply with the warranty set out in Clause 10.4.
- These Terms and Conditions shall apply equally to any replacement Products supplied by us in accordance with Clause 10.5.
- Successors and our sub-contractors
- We can transfer the benefit of these Terms and Conditions to someone else, however, we will remain liable to the other for its obligations under these Terms and Conditions. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms and Conditions.
- You may only transfer your rights or your obligations under these Terms and Conditions to another person or entity if we agree to this in writing.
- No person who is not a party to these Terms and Conditions shall have any rights to enforce any of its provisions and these Terms and Conditions can be varied without any third party’s consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms and Conditions.
- Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
- For the purposes of these Terms and Conditions:
- Data Protection Laws‘ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR‘ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller‘, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Products to you.
- Where you supply Personal Data to us so we can provide Products to you, and we Process that Personal Data in the course of providing the Products to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, please contact us.
- Intellectual Property
- We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- “Hempura“ is a registered trademark with registration number UK0000322940 and is therefore legally protected. No rights are granted to Customers or any third-parties to reproduce or use our trademark for any purpose without prior written approval.
- Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors and/or our prior written agreement.
- Should you leave a testimonial or review of our Products, you agree to us publishing your comments on our Website or in any other media format or platform that we choose.
- Reliance on our Website
- The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely.
- Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
- Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them as we have no control over the contents of those sites or resources.
- Prohibited use
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any unlawful or fraudulent manner;
- to transmit, or to procure the transmission of any unsolicited marketing materials to us;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
- You may not use the Website for any of the following purposes:
- Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under our control.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- Linking to our Website
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- However, you must not:
- establish a link in such a way as to suggest any form of association, approval or endorsement by Hempura, unless otherwise approved by us;
- establish a link to our Website in any website that you do not own;
- frame our Website on any other site, nor may you create a link to any part of our Website other than the home page; or
- link from any website that contains fraudulent, false, misleading or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
- If you contravene this clause, we reserve the right to withdraw linking permission without notice.
- If you are a Business you may become privy to our sensitive commercial information including commercial pricing (“Confidential Information”) in order for us to perform our obligations under these Terms and Conditions.
- You shall hold our Confidential Information in confidence and shall not make our Confidential Information available to any third party, or use our Confidential Information for any purpose other than the implementation of these Terms and Conditions unless you are required to disclose it by law, by any court of competent jurisdiction or by any regulatory or administrative body.
- Our Confidential Information shall not be deemed to include information that:
- is or becomes publicly known other than through any breach of these Terms and Conditions by you;
- was in your lawful possession before the disclosure;
- is lawfully disclosed to you by a third-party without restriction on disclosure; or
- is independently developed by you.
- Limitation of liability
- If you are a Consumer, we limit our liability as follows:
- If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process.
- Subject to Clause 20.1.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Website, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Products. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for any Products under the Contract.
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for loss (for example loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer because we believe the Customer is not buying the Products wholly or mainly for its business, trade, craft or profession.
- If you are a Business, we limit our liability as follows:
- Except to the extent expressly stated in Clause 20.2.3, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to Clause 20.2.3, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Website, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Products. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for any Products under the Contract.
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations including breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or defective products under the Consumer Protection Act 1987.
- Whether you are a Consumer or a Business, this Website and the materials and products on it are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
- If you are a Consumer, we limit our liability as follows:
- Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.