General terms and conditions of use, contracting and purchase of Cannactiva

General Terms and Conditions of Use

Content

  1. Identification of the website owner
  2. Subject of the conditions and scope of application
  3. Access to the service
  4. Information displayed on the website
  5. Intellectual and industrial property
  6. Registration and access to the website and duration
  7. Responsibility
  8. User Obligations
  9. Privacy and personal data protection.
  10. Cookies
  11. Purchase through the website
  12. General
  13. Links on the website
  14. Right of exclusion
  15. Modification of the General Terms and Conditions of Use and Duration
  16. Applicable legislation. Submission to jurisdictions

Introduction

When using or browsing the website and online store of Cannactiva S.L. (hereinafter, “Cannactiva” or the “website”), it is essential that the user (hereinafter, the “User”, or the “Client”) reads and accepts the present General Terms and Conditions of Use (hereinafter, the “Conditions”), which apply to the services offered by Cannactiva, through the website Cannactiva.com.

Cannactiva reserves the right to modify or change these Conditions at any time. In case of substantial modification, or when required by applicable regulations, Users who have a current relationship will be notified.

The translated versions of Cannactiva’s legal contracts and policies are provided solely for the user’s understanding of the English versions. The translations of the legal agreements do not establish any legal link, so they shall not replace the original Spanish versions, nor shall they be valid. In case of conflict or dispute, this contractual relationship shall be governed by the Spanish versions of the agreements and policies, and they shall prevail over the versions in other languages.

General Conditions of Use

In compliance with Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE), the following information is provided:

Identification of the owner of the website

  • Company name: CANNACTIVA S.L.
  • Registered office: Calle Calabria 149, Entlo. 1, 08015 Barcelona (Spain)
  • CIF: B67233593 / VAT: ESB67233593
  • Telephone: 932 20 48 98 (business hours: weekdays from 11 a.m. to 6 p.m.)
  • E-mail: info@cannactiva.com

Contact

If you have any questions and/or want to request any information and/or send communications and/or submit corrections and/or comments about sales, orders, products, payments and shipments, you can do so through these channels:

  • Contact form that you will find on Cannactiva’s customer service page.
  • By writing an e-mail to the customer service e-mail address: info@cannactiva.com.
  • Telephone: 932 20 48 98 (business hours: weekdays from 11 a.m. to 6 p.m.)

To expedite the management of any procedure, please provide the e-mail address with which you registered on the website and/or the order number, as well as the data and/or information that are relevant to identify and resolve the query efficiently.

Cannactiva will respond as soon as possible and always within ten (10) business days of receipt.

2. Object of the Conditions and scope of application

The present Conditions apply to the use, registration and contracting through the website of Cannactiva by any user, prior acceptance by the user of the conditions governing the contracting, and are intended to regulate the availability of the information provided on the website, as well as the commercial transactions that arise between Cannactiva and the Users of the domain cannactiva.com.

Cannactiva will be able to modify the web page to carry out as many changes and modifications as it deems convenient and necessary for the adequate functionality of the same one, at any time and without previous notice.

Any changes and/or new conditions will be effective from the moment of their publication in the “Terms and Conditions” section of the website. For this reason, users are encouraged to periodically access the website and consult the most current version before making any purchase.

The applicable Conditions are those in effect on the date of shipment of the purchase order.

3. Access to the service

Both browsing the website and the purchase of any of the products offered on it, implies acceptance as a User, without reservations of any kind, of each and every one of the Conditions.

The aforementioned General Conditions of Use shall apply regardless of the acceptance of the Contracting and Purchasing Conditions that, if applicable, are mandatory.

4. Website information

We make every effort to ensure that the information contained in the website is accurate and free of typographical errors. In the event that at any time an error occurs, the User will inform Cannactiva of it, and Cannactiva will immediately proceed to correct it.

The User understands that the information displayed on the website is of an informative and/or commercial nature, and in no case replaces professional advice. In case of health concerns, it is recommended to consult a physician before using products containing cannabidiol.

5. Intellectual and industrial property

All the contents published in the store and especially the designs, texts, graphics, logos, icons, buttons, as well as the software, commercial names, trademarks or industrial drawings and any other signs susceptible of industrial and commercial use are subject to the intellectual and industrial property rights of Cannactiva or of third party owners of the same, who have duly authorized their inclusion in the website.

In no case shall it be understood that any license is granted or any waiver, transmission, total or partial transfer of said rights is made, nor is any right or expectation of right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication of said contents without the prior express authorization of Cannactiva or of the corresponding owners.

It is therefore forbidden to use the Cannactiva website for public or commercial purposes, and therefore the content of the website may not be exploited, reproduced, distributed, modified, publicly communicated, transferred, transformed or used.

The introduction of hyperlinks for commercial purposes in web pages not belonging to Cannactiva, which allow access to our website, is expressly prohibited without prior consent. In any case, the existence of hyperlinks on websites not belonging to us does not imply in any case the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor the acceptance by Cannactiva of its contents or services.

6. Registration and access to the website

In order to register as a User and contract products or services on the website, the User must be over eighteen (18) years of age and have provided all the data required as mandatory, truthfully and lawfully.

The User assumes responsibility for the use of the website. This responsibility extends to the registration that may be necessary to access certain services or contents. Likewise, the User assumes that the access data to his/her user account, such as the registration e-mail and password, are personal and non-transferable.

The User will provide the password in accordance with the rules of robustness and complexity established by Cannactiva, such as a combination of uppercase, lowercase, numbers and special characters.

The User will be able to modify his password at any time, using the tools that Cannactiva puts at his disposal through the User area.

The User undertakes to make diligent use of his/her password and to keep it secret, and may not disclose it to third parties. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and/or passwords they have selected in the registration.

The data provided during the user registration, as well as all the data provided subsequently by the User in the management of his private area and for the acquisition of services (such as the address for sending orders, telephone and any information), may be used by Cannactiva S.L. for the sending of communications. Such personal data will be processed in accordance with the provisions of the Privacy Policy and the User may at any time revoke the processing of such data through the channels indicated therein. Likewise, the User must understand that the mandatory data are necessary to comply with the contractual or legal purposes established. Therefore, if the user does not provide them, or wants to delete them, it will not be possible to maintain the status of registered user on the website or meet their future requests.

6.1. Duration

Access as a registered User to the website will begin once the data required for registration has been entered, and upon acceptance of these Terms and Conditions.

User registration and access to the User’s private area will be valid until the User’s request for cancellation.

The User will be able to enter the invoicing data once the purchase has been made. The data introduced by the Client will have to be exact, being Cannactiva exempt from responsibility in the cases in which the User, voluntarily or involuntarily, introduces data that do not correspond with the reality and these cause incidences of any type.

6.2. Deregistration of registered user or cancellation of user registration

Cannactiva informs the User that he/she can close the user account at any time by sending an email to info@cannactiva.com.

The e-mail requesting the cancellation of the account must be sent from the same e-mail account used during the registration of the user from whom the deletion is requested. If this requirement is not met, the necessary information must be provided in order to correctly identify the owner of the user account. Cannactiva reserves the right to request the User’s identification necessary to complete the deletion of the account.

6.3. Unsubscribing from the commercial communications service

Cannactiva sends promotional or other communications to its customers. By registering, you must agree to the use of your data for these purposes. If you want to know how personal data is handled, please go to the Privacy Policy section.

When you unsubscribe from one of our communication services, you may continue to receive communications from Cannactiva through other channels you have joined, until you unsubscribe separately from those programs. However, the Customer can always contact us for the cancellation of all communications, or of those received through a particular channel. Details of these services are shown below:

UNSUBSCRIBING FROM PROMOTIONAL E-MAILS

Cannactiva uses an SMS messaging service to send communications to customers. By providing your email address, you agree to receive recurring automated commercial communications and personalized marketing messages (e.g. weekly promotions or advertising campaigns from Cannactiva). Therefore, by registering with Cannactiva, you also accept the terms of use of the e-mail manager service.

To stop receiving promotional emails, please send an email to info@cannactiva.com indicating that you wish to unsubscribe from promotional emails. You can also do it from the same email, in the link indicated to manage or unsubscribe to such communications.

UNSUBSCRIPTION FROM SMS MESSAGING

Cannactiva uses an SMS messaging service to send communications to customers. By providing your cell phone number, you agree to receive recurring personalized marketing text messages and automated promotional messages (e.g., SMS/MMS cart reminders, sale alerts, etc.) from Cannactiva through your mobile carrier, unless and until you terminate permission under these Terms and Conditions. Therefore, by registering with Cannactiva, you also accept the terms of use of the instant messaging service.

These messages include text messages that can be sent via an automatic telephone dialing system, to the mobile number you provided at the time of registration, or to any other number you have provided. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. The frequency of messages may vary. Cannactiva also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or cell phones may be compatible and our messages may not be delivered in all areas. Cannactiva, its service providers and the mobile operators supported by the program are not responsible for delayed or undelivered messages.

To unsubscribe from the SMS messaging service, send a text message with the keyword STOP, CANCEL, UNSUBSCRIBE or QUIT to the phone number, long code or short code sent to you by our initial confirmation message to cancel. You will then receive an additional message confirming that your application has been processed. We also inform you that, on occasion, the text messaging platform may not recognize and respond to unsubscribe requests that do not include the keyword commands STOP, CANCEL, UNSUBSCRIBE or QUIT and you agree that Cannactiva SL and its service providers shall have no liability for failure to comply with such requests. You can also send a text message with the keyword HELP to receive a text message with information on how to unsubscribe.

To the maximum extent permitted by applicable law, you acknowledge and agree that communications are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

To the maximum extent permitted by applicable law, you agree that in no event shall either Cannactiva or any party acting on Cannactiva’s behalf be liable for: (a) any claim, proceeding, liability, responsibility, obligation, damages or costs, in an aggregate amount that exceeds the greater of the amount you paid Cannactiva hereunder or €100.00; or (b) any direct, indirect, consequential, special, incidental, punitive or any other damages. you agree even if Cannactiva has been informed of possible damages or losses arising or resulting in any way from or related to your use of the Cannactiva messaging program. Cannactiva and its representatives are not responsible for the acts or omissions of third parties, including, but not limited to, delays or non-delivery in the transmission of messages. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Cannactiva and affiliates from and against any claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising out of or in connection with the communications.

7. Responsibility

The products presented on the website and in the online store are in accordance with Spanish legislation. Cannactiva’s responsibility cannot be invoked in the case of products which do not comply with the legislation of the countries to which they may have been sent according to the Customer’s order. It is therefore up to the Customers outside Spain to verify the possibility of importing or using the products they purchase from Cannactiva.

Access to the website will be voluntary, and therefore the responsibility of the user, who will be responsible for any direct or indirect effect derived from the use of the website, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of the expectations generated by our website, obliging the user to hold Cannactiva harmless for any claims derived, directly or indirectly from such facts.

Cannactiva is not responsible for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of the users, caused by reasons beyond the control of Cannactiva, that prevent or delay the provision of the services or the navigation through the store, nor delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems, nor the impossibility to provide the service or allow access for reasons not attributable to Cannactiva, due to the user, third parties, or force majeure. Cannactiva does not control, in general, the use that users make of the website. In particular, Cannactiva does not guarantee under any circumstances that users use the website in accordance with the law, the present Conditions, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.

This merchant agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Customer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: Selling prescription drugs illegally.

8. Obligations of Users

In general, the user is obliged to comply with the present Conditions, as well as to comply with the special warnings or instructions of use contained in the same or in the web site and to act always in accordance with the law, good customs and the requirements of good faith, using due diligence, and abstaining from using the web site in any way that could impede, damage or deteriorate the normal operation of the same, the goods or rights of Cannactiva, its suppliers, the rest of the users or in general of any third party.

Access to and use of the website by minors – minors under eighteen (18) years of age – is prohibited without the express consent of their parents. Cannactiva is not responsible for the truthfulness and accuracy of the data filled in by the user and therefore cannot verify the age of the user.

Specifically, and without implying any restriction to the previous section during the use of the website, the User agrees to:

a) Provide truthful information about the data requested in the user registration form or order form, and to keep them updated.

b) Not to enter, store or disseminate on or from the website, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of others and in general the current regulations.

c) Not to introduce, store or disseminate through the website any program, data, virus, code, or any other electronic or physical device that is susceptible to cause damage to the website, to any of the services, or to any of the equipment, systems or networks of Cannactiva, of any other user, of the suppliers of Cannactiva or in general of any third party.

d) Diligently keep the “user name” and the “password” provided by Cannactiva, assuming the responsibility for the damages and prejudices that could derive from an improper use of the same.

e) Not to carry out advertising or commercial exploitation activities through the website, and not to use the contents and information of the same to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties.

f) Not to use false identities, or impersonate others in the use of the website or in the use of any of its services, including the use of passwords or access codes of third parties or in any other way.

g) Not to destroy, alter, use for use, render useless or damage the data, information, programs or electronic documents of cannactiva.com, its suppliers or third parties.

h) Not to introduce, store or disseminate through the store any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.

The Customer undertakes to enable the delivery of the requested order by providing a delivery address to which the requested order can be delivered within the normal delivery schedule. In case of non-compliance by the Client of this obligation, Cannactiva will have no responsibility for the delay or impossibility of delivery of the order requested by the Client.

9. Privacy and protection of personal data.

For the purposes of the provisions of Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data, as well as R.D. 1720/2007 of December 21, which approves the regulation that develops the L.O. 15/1999, Cannactiva informs you of the existence of a personal data file created by and under the responsibility of Cannactiva with the data obtained on the website cannactiva.com. The purpose of this file is to manage your contractual relationship with us, as well as to carry out promotional and advertising activities of our own or third parties by any means, both by telephone and by sending commercial messages via e-mail, SMS text messages, etc., that may be of interest to you, based on the study and segmentation of the data collected while browsing the website, the data provided by filling in any form, as well as those derived from the commercial relationship or delivery of the products purchased. If you do not wish to receive advertising, simply log in to your account and deactivate the sending of newsletters and information.

Cannactiva is committed in the use of the data included in the file, to respect its confidentiality and to use them in accordance with the purpose of the file, as well as to comply with its obligation to save them and to adapt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 1720/2007 of December 21. Our secure server guarantees the privacy of the data you transmit to us. This privacy is achieved by means of the SSL protocol, encrypting the data sent using the RSA encryption system, so that no one can appropriate them since they do not have the necessary key. You can check that your browser is secure if the padlock symbol appears and you can also see that the URL changes slightly: it no longer starts with http but with https.

10. Cookies

The cannactiva.com website uses cookies. Cookies are small text files generated by the web pages you visit, which contain session data that may be useful later on in the web page. The data allows the website to maintain your information between pages, and also to analyze how you interact with the site.

This website uses cookies generated and used by this website and some are “external cookies” that are generated on our website by third parties. They allow us to remember every part of your visits and purchases as you progress through the website, remember customer data and display the appropriate content according to your browsing habits, based on your selected options. It also helps us understand user behavior within our website, which means we can improve your experience through our website.

Cookies can only store text, usually always anonymous and encrypted. cannactiva.com will never store any personal information in cookies.

Cookies are secure in that they can only store information that is put in place by the browser, which is information that the user has entered into the browser or that which is included in the page request. You cannot execute the code and it cannot be used to access your computer. If a website encrypts cookie information, only the website can read the information.

Session cookies contain information that is used within your current browser session. These cookies are automatically deleted when you close your browser. Nothing is retained on your computer beyond the time you spend on the website. Persistent cookies are used to store information that is used between visits. This data allows websites to recognize that you are a returning Customer and to react accordingly. Persistent cookies have an indefinite value over time.

Cookies are used by the website to maintain your session as you move through the site, collect information about your purchases and spending habits, once logged in. They are used to display relevant products within your future visits.

We also work with partners who create third-party cookies, which are then used on other websites to advertise appropriately and relevantly based on your browsing history. These cookies do not store personal information, they only allow other websites to identify you and are based solely on your browsing history.

The applications we use to collect cookies and obtain information from your user session are:

All Internet browsers allow you to limit the behavior of a cookie or disable cookies within your browser settings or options. The steps to do this are different for each browser, instructions can be found in the help menu of your browser:

Disabling cookies will also affect the tracking of your progress through the site, but will not stop the Google Analytics code from recognizing your visit.

Session cookies on this website include data used by the web server hardware about which server is processing your session, your authentication status (in the Customer Online Shop database) and details of your purchases.

Duty to provide information: Revision (LGT) of Article 22 of the LSSI

Service providers may use data storage and retrieval devices on recipients’ terminal equipment, provided that the recipients have given their consent after having been provided with clear and complete information on their use, in particular, on the purposes of data processing, in accordance with the provisions of Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data. Where technically possible and effective, the recipient’s consent to accept data processing may be provided through the use of appropriate browser settings or other applications. The foregoing shall not prevent the possible storage or access of a technical nature for the sole purpose of carrying out the transmission of a communication over an electronic communications network or, to the extent strictly necessary, for the provision of an information society service expressly requested by the recipient.

It will be understood that the user consents once the communication of this website that it uses cookies, if he/she decides to continue browsing it.

All Internet browsers allow you to limit the behavior of a cookie or disable cookies within your browser settings or options. The steps to do so are different for each browser, instructions can be found in the help menu of your browser. For more information, you should consult our Cookies Policy.

10.1. Data processing and use of cookies

In accordance with the provisions of the General Regulation on the Protection of Personal Data and other applicable regulations on the subject, we inform you that the personal data you provide through our website or by sending emails will be processed by Cannactiva as data controller in order to carry out the registration of users, perform the requested transactions, as well as receive periodic notifications by electronic means.

The legitimacy of the treatment lies in the provision of the requested services. You can find more information about the treatment of your data in the Privacy Policy, which you must read, understand and accept in order to use, contract the services or purchase from Cannactiva.

The data may be provided to Cannactiva’s contractual partners for the execution of orders, such as order management, processing, payment and delivery. Information is also collected and stored for security reasons, in compliance with legal and regulatory obligations. In addition, the information collected allows Cannactiva to send promotional offers and establish business relationships with the Client.

In the forms in which personal data is collected, each user will be informed of the purposes for which the data is collected. The user will be responsible, in any case, for the veracity of the data provided.

Cannactiva is committed to fulfilling its obligation of secrecy of personal data and its duty to protect them, and therefore has taken the necessary measures to prevent alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.

On the other hand, Cannactiva informs the User that when visiting its web page no personal data that identifies a user is automatically registered, but there is certain information of a non-personal nature and not identifiable with a specific user that is collected during the live session through devices called “cookies” that allow us to obtain statistical information on the use of the web page in order to subsequently be able to introduce improvements. All users should refer to our Cookie Policy to browse the website.

In any case, all Users have the right to exercise, at any time, the rights of access, rectification, limitation of processing, deletion, opposition, limitation of processing and portability of data, by writing to our data protection officer at the e-mail address info@cannactiva.com.

11. Purchase through the website

The User may purchase the products described on the website by filling out the purchase form with your billing and shipping information, and accepting the General Conditions of Use, Contracting and Purchase, as well as the Privacy Policy.

13. General

The headings of the various clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of these Conditions. Likewise, Cannactiva will be able to modify the conditions determined here, totally or partially, publishing any change in the same form in which they appear published or through any type of communication directed to the Users.

The temporary validity of the present Conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Conditions will become effective.

Cannactiva may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the Web, without the possibility for the User to demand any compensation whatsoever. After such termination, the specifications for the use of the contents set forth in these Terms and Conditions shall continue to apply.

In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Tribunals which, if applicable, will hear the matter, shall be those provided for in the applicable legal regulations on competent jurisdiction, in which, in the case of end consumers, the place of performance of the obligation or the place of domicile of the Customer.

In the event that the purchasing party is domiciled outside Spain, or that it is a sale and purchase made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).

The Conditions will be kept in electronic format by Cannactiva and will be permanently available to the User.

Cannactiva will pursue the breach of these Conditions as well as any improper use of its website, exercising all civil and criminal actions that may correspond to it by law.

14. Links on the website

About the websites that can be consulted through links present on the Cannactiva website or on its services (such as social networks, SMS messaging services, postal mail, email marketing):

  • In the event that the web site contains links or hyperlinks to other Internet web sites, Cannactiva will not exercise any type of control over said sites and contents.
  • Cannactiva does not carry out any control and/or monitoring of these links. Therefore, Cannactiva is not responsible for the content of these sites or for any errors and/or omissions and/or violation of law by them. In no case will Cannactiva assume any responsibility for the contents of any link belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.
  • It is expressly forbidden to introduce hyperlinks for commercial purposes in web pages not belonging to Cannactiva that allow access to this web page without the express consent of Cannactiva. In any case, the existence of hyperlinks on websites not belonging to Cannactiva does not imply in any case the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor the acceptance by Cannactiva.

15. Right of exclusion

Cannactiva reserves the right to deny or withdraw access to the portal or the services offered without prior notice, at its own request or that of a third party, to those Users who do not comply with the present Conditions.

16. Modification of the General Conditions of Use and Duration

Cannactiva may modify at any time the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are duly published and modified by others.

17. Applicable Law and Jurisdiction

Access to and use of the website shall be governed by and construed in accordance with Spanish law.

Any dispute arising from the interpretation and/or application of these Terms and Conditions relating thereto shall be settled out of court, if possible. In the event that the parties resort to legal action, the Courts of the city of Barcelona shall have jurisdiction, expressly waiving any other jurisdiction.


Conditions of Contract and Purchase

Content:

  1. Identification of the website owner
  2. Subject of the Contracting and Purchasing Conditions
  3. Access to the purchasing and ordering service
  4. Duration
  5. Information displayed on the website, blog, product sheets and their use.
  6. Prices
  7. Shipping and handling
  8. Methods of payment
  9. Receipts and invoices
  10. Shipping
  11. Refunds and cancellations
  12. Product warranty
  13. Modifications
  14. Integrity
  15. General
  16. Applicable legislation. Submission to jurisdictions

Introduction

When using or browsing the website and making purchases through the online store of Cannactiva S.L. (hereinafter, “Cannactiva” or the “website”), it is essential that the user (hereinafter, the “User”, or the “Client”) reads and accepts the present Terms and Conditions of Contracting and Purchase (hereinafter, “the Conditions”), which apply to the services offered by Cannactiva, through the website cannactiva.com.

Cannactiva reserves the right to modify or change these Conditions at any time. In case of substantial modification, or when required by applicable regulations, Users who have a current relationship will be notified.

Identification of the owner of the website

  • Company name: CANNACTIVA S.L.
  • Registered office: Calle Calabria 149, Entlo. 1, 08015 Barcelona (Spain)
  • VAT NUMBER: B67233593
  • VAT: ESB67233593
  • Telephone: 932 20 48 98
  • E-mail: info@cannactiva.com

Contact, questions and incidents about your purchases or orders

The satisfaction and trust of our customers is our top priority. If you have any questions and/or want to request any information and/or send communications and/or complaints and/or submit corrections and/or comments about sales, orders, products, payments and shipments, you can do so through these channels:

To expedite the management of any procedure, please provide the e-mail address with which you registered on the website and/or the order number, as well as the data and/or information that are relevant to identify and resolve the query efficiently.

We will be happy to help you.

2. Object of the Contracting and Purchasing Conditions

The Conditions apply to the use and registration on the Cannactiva website by any user, subject to the user’s acceptance of the conditions governing the contract.

The Conditions apply in the national and European territory. They do not regulate the sale of Cannactiva products by third parties. Nor do they regulate transactions carried out through advertisements and products that are present on the website through links, banners, videos, photos or other types of links.

Before engaging in commercial transactions with third parties, it is necessary to consult their terms and conditions of service. Cannactiva is not responsible for the sale of products by such parties.

3. Access to the purchasing and ordering service

By browsing, registering and/or making a purchase on the Cannactiva website, the User declares to be over eighteen (18) years of age and to have the legal capacity to enter into contracts.

Access to the online store and sales services provided through the website is reserved exclusively for users over eighteen (18) years of age.

The access and/or use of this web site attributes to whoever does it the condition of User, who accepts, from said access and/or use, the Conditions here reflected.

To place an order or make a purchase it is necessary to connect to the website and register as a user, filling in the relevant data correctly, lawfully and truthfully. To proceed with the purchase of products, you must add the product you wish to purchase to the basket or shopping cart, according to the indications shown on the screen, filling in the order form provided and validating it. At the end of the registration process, the User must accept the present Contracting and Purchasing Conditions, as well as our Privacy Policy.

The validation of the order or purchase by the Customer expressly implies knowledge and acceptance of these Conditions as part of the conclusion of the contract.

Cannactiva.com will file the electronic document in which the purchase is formalized, and this will be accessible from the private user area, in the order history.

Cannactiva reserves the right to refuse or cancel any orders that come from (I) of a user with whom you have an ongoing legal dispute or a financial debt with Cannactiva; (II) of a user who has previously violated the Terms; (III) by a user who has been involved in fraud of any kind and, in particular, fraud related to credit card payments; (IV) by users who have issued false, incomplete, or in any case inaccurate identification data, or who have not promptly sent to Cannactiva the documents requested by Cannactiva in the following procedure or who have sent invalid documents.

The Client is also obliged to find out whether the law and/or the regulations of his country allow or authorize the purchase of the products offered for sale by Cannactiva, considering them as legal. The Client acknowledges that, by accepting these Conditions, it holds Cannactiva harmless from any liability arising from the purchase of the product if it violates the law of the country where the product is sold. Therefore, in such cases the Client shall expressly indemnify Cannactiva for any violation of the law, assuming all liability.

The data entered by the Customer to place the order must be accurate. Cannactiva is not responsible for any damage caused in the event that the Client, voluntarily or involuntarily, enters data that do not correspond to reality and cause interference in the service (e.g.: Error of shipment due to incorrectly entered postal address).

Cannactiva ships orders after having received confirmation of authorization of payment of the total amount due, which consists of the purchase price, shipping costs, if applicable, and any additional costs of the purchase. In the event that payment of the total amount due is not authorized, or the successful outcome of the payment is not confirmed, the purchase contract shall be deemed terminated by operation of law.

4. Duration

In case of purchase, the Client’s data will remain stored by Cannactiva until the purchase has been made, and for the time necessary for Cannactiva to diligently fulfill its obligations, to process the order and for accounting purposes and, in any case, in accordance with the law.

The Customer will be able to enter the invoicing data once the purchase has been made. The data entered by the Client must be truthful, Cannactiva not being responsible in the event that the Client, voluntarily or involuntarily, enters data that does not correspond to reality.

5. Information displayed on the website, blog, product sheets, and their use.

All Cannactiva products are for external use and are intended for lawful and legal use.

Hemp is the term commonly used to refer to the variety of Cannabis sativa L. cultivated for industrial purposes. Its cultivation in the European Union is legally permitted, not exceeding the limits on tetrahydrocannabinol (THC) content of 0.2% set by the European Union in Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013 laying down rules applicable to direct payments to farmers under support schemes included in the framework of the Common Agricultural Policy and repealing Council Regulations (EC) No. 637/2008 and (EC) No. 73/2009.

Cannactiva’s CBD products keep THC levels within the legal THC limit and do not produce psychoactive or addictive effects.

With respect to hemp-derived foods authorized for marketing in the European Union, only those derived exclusively from hemp seeds, e.g., hemp oil, hemp protein, hemp seed snacks, have a history of safe and significant consumption, provided they are derived from varieties of Cannabis sativa L. with a tetrahydrocannabinol (THC) content below the legal limit of 0.3%.

In accordance with Spanish legislation and the decision of the European Commission in its official application to EFSA on “food supplements”, some of the products offered on the website are not fit for human consumption, according to the specifications of each product.

With respect to products containing cannabidiol (commonly called CBD) and other cannabinoids, as well as extracts and remains of parts of the Cannabis sativa L. plant (flowers, leaves and stems), these are not considered as novel foods as there has been no demonstrated history of significant and safe consumption in the European Union before May 1997. (flowers, leaves and stems), these are not considered as novel foods as no history of significant and safe consumption could be demonstrated in the European Union before May 15, 1997, and therefore fall under the scope of Regulation (EU) 2015/2283 of the European Parliament and of the Council, of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001.

Industrial hemp is listed in the European Commission’s Common Catalogue of Varieties of Plant Species and Agricultural Species. The products marketed are intended for external body use, with the purpose of cleaning, perfuming, protecting and maintaining the human body in good condition (EC Regulation 1223/2009).

Based on the aforementioned regulations, we inform you that the products with cannabidiol offered on our website are not food products. Cannactiva’s CBD products are not drugs either. All cannabidiol products on our website are for external use and are intended for lawful and legal use. Cannactiva S.L. expressly informs customers of the uses of some of its products offered for sale: CBD cannabis flowers are intended solely for decorative, aromatic and/or collectors’ use. CBD oils and creams with cannabidiol are for topical and/or cosmetic use. Cannactiva S.L. is not responsible for the final use made by its buyers.

Likewise, Cannactiva S.L. indicates that the information shown in this section on the laws in force is of an informative nature and that it may change over time, depending on the decisions of each country, or even regional regulations. It is up to the user to know the legislation of his country regarding the use of our products. Cannactiva S.L. is not responsible for the legislative changes of each country that affect these rules, nor for the consequences derived from them.

Users are cautioned that the CBD products on our website are not intended to diagnose, treat, cure or prevent any disease or medical condition. If you are undergoing medical treatment, have been diagnosed or are pregnant, or are breastfeeding, consult your physician before using any CBD product.

It is the Customer’s responsibility to make proper use of the website and the products purchased through the website. Cannactiva S.L. is not responsible in any case for the improper or illegal use of CBD products by customers or third parties.

None of the information made available to the User through the Cannactiva website, such as product sheets or blog, or any other channel, such as social networks, print media, brochures, catalogs, commercial postal communications, email marketing or SMS messaging, constitutes a medical recommendation or a substitute for any diagnosis or professional treatment.

Each product offered on the website is accompanied by a product sheet, consisting of a description and images. These images and descriptions reproduce the characteristics of the products as closely as possible to reality. Product descriptions should be understood as a commercial, creative and even poetic text, based on subjective perceptions, which in no case should be taken as medical recommendations. Product colors may differ from actual colors due to the configuration of display devices. Product images may differ in size or in relation to any accessory products. Therefore, the images should be taken as a guideline.

It is also reminded that the texts and images are subject to the intellectual and industrial property rights of Cannactiva or third party owners of the same. Therefore, such texts and images may not be copied and reproduced in other media without prior express authorization.

If there is a typographical error in any of the prices shown in the online store and a Customer has made a purchase decision based on such error, we will communicate such error and the Customer will have the right to cancel the purchase without any cost on his part.

Likewise, it is possible that the contents of the website may, on occasion, show provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product, the Customer shall have the right to cancel the purchase without any cost on his part.

6. Pricing

The prices of the products offered through the website are expressed in Euros (€) and include Value Added Tax (VAT). Prices may vary depending on the User (wholesale accounts, individuals and others).

Product prices may be subject to price variations due to fluctuations in market costs and promotions.

Cannactiva reserves the right to modify the current prices and/or apply discounts on them at any time, without prior notice.

Shipping costs and any other additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated in the order form, before the User proceeds with the purchase.

Purchases are invoiced at the price of the rate in effect at the time of the order, except for promotions and/or campaigns.

In any case, the Customer will be shown the final price, including taxes and shipping costs, at the time of purchase.

7. Shipping costs

Shipping and/or handling costs are not included in the price and will be shown to you before finalizing your purchase, depending on the shipping address of each order.

The Customer will be able to know the shipping costs once selected the products and always before the formalization of the purchase.

Table of shipping costs according to zone:

  • Spain mainland: 4,92 €, FREE from 25 € onwards
  • Balearic Islands: 15,68€, FREE from 90€ and above
  • Canary Islands and international shipments: to be consulted on the website before completing the purchase (variable depending on the carrier).
  • * Prices valid up to 2,00 Kg. Increase of 1€ for each extra Kg.

Cannactiva is not responsible for the taxes and customs fees that some countries apply to the entry of foreign shipments.

Shipping costs include two delivery attempts. After these attempts, the order will be returned to our warehouse and the Customer will have to pay again the transport costs to receive the shipment again.

In case of cancellation of the order, the total amount will be paid except for the shipping costs and the commission of the payment method used, if any, depending on the mechanism used for payment.

8. Methods of payment

Payment will be made through the means made available through the website. Payment can be made through the QuickPay payment gateway(more information), by bank transfer, cash on delivery, or store pick-up (only in applicable cases, such as locations where there is a Cannactiva physical store: Barcelona and Madrid city).

The User, when making the payment through the corresponding payment platform or gateway, must accept the General Terms and Conditions of Use and the Privacy Policy of the payment service provider.

Once the payment has been validated, Cannactiva will proceed to prepare the product in the warehouse and proceed to ship it.

Payments in foreign currencies: Payments are generally made in euros (€). In cases of currency exchange, the bank is in charge of the transaction and the currency exchange, which may result in a difference between the total amount of your purchase and the charge on the card. This small difference will in some cases be favorable to the Client, and in others, unfavorable, but cannot be controlled by Cannactiva. Therefore, Cannactiva cannot accept any liability with respect to this issue.

9. Receipts and invoices

The purchase receipt will be issued automatically with each purchase. On the occasion of the first purchase, the user will be asked to communicate the data for the header of the receipt.

For the issuance of the receipt, the information provided by the user will be authentic, which he/she declares and guarantees as true, undertaking to hold Cannactiva harmless and exonerated from any damage, including penalties imposed by the competent authorities, which may arise in the event of non-conformity with the veracity of the information provided by the Client.

The User can modify personal data, shipping addresses and billing information in his private user area.

In case of typos, or for billing issues, please contact info@cannactiva.com clearly indicating the subject, order number, tax ID, as well as all relevant details, such as the data to be rectified or a contact phone number, in order to resolve the issue efficiently.

10. Shipment of the purchase

10.1. Terms and conditions of shipment

If your order does not comply with any of the shipping conditions, we will contact you to inform you of the actual shipping price, so that you can pay the difference, or to credit the order for cancellation of the order. Our shipping conditions are as follows:

a) Rates valid for a total order weight not exceeding 2 kg. Total weight is considered to be the weight of the order prepared for shipment, not just the sum of the weights of the products purchased.

b) Rates valid as long as the total order does not exceed 150 cm adding the width+length+height of the box containing the products of the order. (*)

c) Shipping prices may be affected by fuel price increases. The price of fuel is fixed by the transport companies, so it is possible that when trying to ship the order the price has changed, so we will inform you of the new price.

d) Shipments may contain up to a maximum of 4 packages. If your order exceeds the number of packages, even if it does not exceed the weight, we will inform you of the total shipping cost.

* Balearic Islands: prices valid for a package with a maximum weight of 2 Kg and maximum dimensions of 20cmx20cmx25cm.

Cannactiva reserves the right to cancel the shipment of any order when:

  • The shipping destination is for an area outside of our coverage.
  • When the shipping address has been altered or is unreachable due to natural disasters such as floods, earthquakes, etc., or for cadastral reasons. The procedure for this case is to contact us to provide a provisional shipping address.
  • The requested products are extremely fragile to withstand the available means of transport.
  • When there was a first attempt and the products shipped have not withstood the conditions of the journey. In this case, the purchase amount will be refunded without resending the order.
  • When the quantity requested exceeds the maximum measures and volumes for easy handling by transport services.

If part of the contents of a purchase is damaged in transit, Cannactiva reserves the right not to reship the damaged products, by crediting the Customer the amount of these products, in particular when they are shipped to international destinations, where we cannot ensure the care of the shipment by our particular transport agency.

Delivery times depend on the availability of each product, which is indicated on each and every product offered. For orders that include several items, preferably only one shipment will be made and the delivery time will correspond to the item with the longest delivery time. If, for stock reasons, the availability of any product is affected, Cannactiva reserves the right to make two or more partial deliveries.

Unjustified delays in delivery of more than fourteen (14) calendar days shall entitle the Customer to cancellation of the order placed and the corresponding refund of the amount paid by the Customer, which may be returned within one (1) month from the cancellation of the order.

Delays due to force majeure, such as holidays, weather, strikes, or any other delay attributable to the delivery company of the products or causes beyond the control of Cannactiva, cannot be imputed to Cannactiva, so the cancellation may not be exercised until the Customer receives the product at the address provided.

Likewise, Cannactiva is not responsible for any setback that may arise as a result of the purchase coming from a country outside the European Union (EU). It is the Customer’s responsibility to know the local regulations and to act within the legality of the same.

10.2. Order processing times

From 09:00 to 15:00 hours. Orders placed outside this time frame will be processed on the next business day. Orders placed on Saturdays, Sundays and holidays will be effective the following business day, under the conditions indicated above.

There is the possibility to cancel, change or modify the order free of charge, when the order has not been shipped. To do so, you should contact Cannactiva as soon as possible (before 1:30 p.m.) by e-mail to info@cannactiva.com or by telephone to the customer service number 932 20 48 98.

10.3. Delivery schedules

Deliveries are made from Monday to Friday, from 9:00 am to 7:00 pm. No deliveries are made on Saturdays, Sundays and holidays.

Orders placed on Saturdays, Sundays and holidays will be computed and packed on the first working day following the holiday taking into account the Barcelona working calendar and the corresponding agreement.

10.4. Delivery times

The date of delivery to the Customer’s address depends on the availability of the chosen product and the delivery zone.

  • Delivery times for domestic purchases range from 48 to 72 working hours. In rural areas far from urban centers, deliveries can be made after 72 working hours.
  • Delivery times within the EU range from 72 hours to 5 working days.
  • International delivery times would be between 7 and 14 working days.

Delivery times may be altered by extraordinary incidents such as: Customs inspections, strikes, extreme weather phenomena, even resolutions and security measures applied by some countries at specific times.

10.5. Transportation Company

Home delivery will be made by the company indicated on the website at the time of purchase. Cannactiva reserves the right to use other carriers, always respecting compliance with the delivery method chosen by the Customer and the delivery times indicated.

Most of the carriers we work with allow you to track your order. If this is the case in your area or country, when you make a purchase, the carrier will automatically send an e-mail with the link and codes needed to track your order.

10.6. Delivery and receipt of order

It is the Customer’s responsibility to check the condition of the product delivered. Upon delivery of the order, it is advisable to check that the packaging is intact, undamaged and in no case altered. In case of any anomaly, the Customer is invited, in his interest, to indicate it on the delivery note of receipt of the package, accepting the order with reservation.

The unreserved receipt of the products, in fact, does not allow to claim against the carrier in case of loss or damage of the products, except in the case in which the loss or damage is due to intent or gross negligence of the courier himself and with the exception of partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as it is known and no later than seven (7) days after receipt.

In case of flaws, bumps or damage to the packaging, envelope or shipping box, at the time of receipt of the package: take pictures and notify info@cannactiva.com. In this way, we will be able to manage the problem quickly and it will be more convenient for the Customer.

In any case, the application of the rules on the right of withdrawal and the legal guarantee of conformity remains valid.

The risk of loss or damage to the products, due to causes not attributable to Cannactiva, is transferred to the Client when the Client, or a third party designated by the Client, and different from the carrier, materially comes into possession of the product.

11. Refunds and cancellations

If you are not satisfied, you can easily return your purchases by contacting Cannactiva.

Cannactiva authorizes the return of products in perfect condition with a maximum period of up to 30 calendar days from the date of purchase (individuals).

We want to guarantee total customer satisfaction, safety and confidence when ordering from our website and physical store. This initiative is framed within the vision we apply in terms of customer service and the close and friendly treatment we want to give to the people who support the project, choosing the brand and investing their economy in what we offer.

To exercise the right of withdrawal in relation to an order, simply contact customer service(info@cannactiva.com) and indicate the order number and the e-mail address with which the order was placed. We would appreciate it if you could complete the return request indicating the reason for the return and any additional comments and/or photos, which may help us understand the problem and we can work to meet your expectations. At Cannactiva we evaluate each return case and take the appropriate measures to ensure that customers are always happy.

The Cannactiva team will contact you to give you an appropriate response and will indicate the next steps to follow and ship the product or products you want to return.

For wholesale customers, the maximum period for the return of orders will be 15 calendar days.

Notwithstanding the foregoing, in accordance with the provisions of Article 103 of the General Law for the Defense of Consumers and Users, the Customer may not cancel the Product if it is unsealed. In other words, the product or products being returned must be returned in the condition in which they were delivered, including their sealing, unless the product is returned as defective. The product must not have been opened or altered and must not show signs of use.

In orders in which, due to promotion or amount, shipping costs have not been charged, these will be discounted, except in the case of defective or wrong product, and the remaining amount will be refunded.

Once the right of withdrawal has been correctly exercised, the refund of the amount of the returned product(s) will be made within a maximum period of fourteen (14) calendar days. upon receipt of the product in the warehouses, Cannactiva will credit on the invoice originally issued and reimburse the Client the full amount of the purchase, excluding shipping costs. Such reimbursement shall be subject to Cannactiva’s right to retain amounts for returned products that are damaged.

The Customer must provide the necessary bank details for the refund of the money. Cannactiva will not be responsible for any delay in crediting that depends on the bank, the type of credit card or the payment solution used.

For the customer’s convenience, Cannactiva offers the possibility of reimbursement in the form of store coupons. The conditions of the coupons will be informed to the Customer by the customer service team.

If desired, the User may return a product in a Cannactiva physical store. To do so, you will have to communicate it previously to the e-mail address above, and once you have obtained the confirmation, you can go to any of our CBD stores with the proof of purchase. In the case of physical returns, the User will also be offered the possibility to exchange the product.

11.1. Stock and product availability

The products offered at Cannactiva have a limited stock. The Customer understands the possibility that several users may purchase the same product at the same time, and that, on occasion, the purchased product may not be available after the purchase has been made.

In these cases, Cannactiva reserves the right to replace the unavailable products with other similar options available, or to contact the Customer to inform of the lack of stock and seek a joint solution, either the replacement of the product with another, a purchase voucher or a refund. Therefore, the user shall have the right to immediately terminate the contract in case of unavailability of any product. In the event that the user makes use of the right of withdrawal, Cannactiva will reimburse the amount paid without undue delay and, in any case, within a maximum period of 14 working days from the shipment of the order.

In the case of the purchase of several products, when one of them is not available, the amount proportional to the unavailable product will be refunded.

11.2. Refunds in case of failed deliveries

When it is not possible to deliver the order to the address indicated at the time of purchase, the courier service normally makes two attempts. In case the package is returned to our warehouse, we can reship it, but in this case the cost of the second shipment will be borne by the Customer.

When for any reason beyond the control of Cannactiva (withdrawal, incidents, address not found, incomplete, Customers not located), we have to refund amounts paid, will be refunded only the amounts of the products requested in the order, when the package is returned to our store shipping costs are borne by the Customer.

11.3. Refunds in case of use of promotions, coupons and special discounts

When the Customer exercises the right of withdrawal on an order placed with a discount subject to applicable minimum amount conditions: If the amount of the returned items makes the remaining amount of the order less than the minimum charge applicable to the discount, the amount of the discount will be subtracted from the refund.

11.4. Defective products

Should the situation arise that a defective product is received, Cannactiva should be notified as soon as possible via e-mail (info@cannactiva.com), with the details of the order, as well as attaching in the same any photo in detail of the defect, whenever possible, for the quick identification of the problem and action by Cannactiva.

The Customer has a period of seven (7) calendar days from receipt of the product to report the defective product.

The defective product will be returned in the same condition as received. Once Cannactiva receives the defective product, it will send you another one.. In this case, the change shall always be made for the same article or reference.

You will only be billed for the first shipment, Cannactiva will pay for the return and new shipment. If you wish to exchange for another article (different reference), the return and reshipping costs will not be assumed by Cannactiva.

11.5. Product that, by mistake, does not correspond to the order placed

Cannactiva will bear the cost of collection of the wrong product and delivery of the product corresponding to the one ordered.

11.6. Errors in consent by Cannactiva

In case of error in the price of a product offered, Cannactiva reserves the right to cancel the order. This point refers to incorrect offers or erroneous discount coupons, whose discount or final price of the product is substantially lower than the advertised or normal price of the product, far from any reasonable offer, and the result of a human and/or computer error (examples: products at 0€, when a coupon gives a higher discount than the one offered, or when a coupon is used erroneously, resulting in a very low sales amount).

12. Product warranty

Always keep the receipt or invoice of the purchase, as well as the delivery note, if it is later. In this way, non-conformities or defects can be proven and complaints can be lodged in the event of infringement of warranty rights.

The warranty shall be as stipulated by the manufacturer of the product and, in any case, in accordance with the law.

The Customer may complain when the product is not in conformity with the contract:

a) The purchased good does not conform to the description provided by Cannactiva.

b) The acquired good is not suitable for the uses to which consumer goods of the same type are ordinarily put.

c) It is not suitable for the special use that would have been required by the Client and that Cannactiva has accepted.

d) It does not present the expected quality and performance, especially considering the public statements (advertising, brochures, labeling…) about its specific characteristics made by Cannactiva or the manufacturer.

The Client has the right to:

– Repair and/or replace. The Customer may opt for repair or replacement, unless one of the two options proves impossible or disproportionate. A higher cost will be considered disproportionate. Non-expendable property (when specific in nature) cannot be substituted. Both repair and replacement must be carried out within a reasonable period of time and completely free of charge for the Customer.

Processing of the warranty: The Customer may process the warranty by contacting Cannactiva by e-mail at info@cannactiva.com or by telephone at 932 20 48 98.

13. Modifications

Cannactiva may revise and modify these Terms and Conditions of Purchase at any time.

The User shall be subject to the Contracting and Purchasing Policies and Conditions in effect at the time he/she uses this website or makes each transaction, unless by law or decision of governmental agencies we must make retroactive changes to such policies, Conditions or Privacy Policy, in which case, any changes will also affect orders previously placed by the User.

14. Integrity

These Terms and Conditions of Contracting and Purchase, as well as any document expressly referred to herein, constitute the entire agreement between the User and Cannactiva with respect to the subject matter hereof and supersede any prior agreements, understandings or promises made between the User and Cannactiva, whether oral or in writing.

The User and Cannactiva acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the previous negotiations between them, except as expressly mentioned in these Conditions.

Neither the User nor Cannactiva shall have any remedy in respect of any misrepresentation made by the other party, whether oral or written, prior to the date of a contract (unless such misrepresentation was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.

If any of these Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining Conditions of Contract and Purchase shall remain in full force and effect and shall not be affected by such declaration of nullity.

15. General

The headings of the various clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of these Conditions of Contract and Purchase. Likewise, Cannactiva will be able to modify the conditions determined here, totally or partially, publishing any change in the same form in which they appear published or through any type of communication directed to the Users.

The temporary validity of these Conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the new modified document will come into force.

Cannactiva may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the website, without the possibility for the User to demand any compensation whatsoever. After such termination, the specifications for the use of the contents set forth in these Terms and Conditions of Purchase shall continue to apply.

The failure of Cannactiva to exercise or enforce any right or provision contained herein shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by Cannactiva.

The Conditions of Contract and Purchase will be kept in electronic format by Cannactiva and will be permanently available to the User.

Cannactiva will pursue the breach of the present Conditions as well as any undue use of its web site exercising all the civil and penal actions that can correspond to it by law.

16. Applicable legislation. Submission to jurisdictions

Access to and use of the website, as well as purchase and sale transactions, shall be governed by and construed in accordance with Spanish law.

Any dispute arising from the interpretation and/or application of these Conditions that is related to the same, shall be resolved, if possible, out of court.

In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the Courts and Tribunals which, if applicable, will hear the matter, shall be those provided for in the applicable legal regulations on competent jurisdiction, in which, in the case of end consumers, the place of performance of the obligation or the domicile of the purchasing party is taken into account.

In the event that the purchasing party is domiciled outside Spain, or that it is a sale and purchase made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).

These Terms and Conditions are current as of January 1, 2013.

“This merchant agrees not to permit any transaction that is illegal, or is deemed by the credit card brands or acquiring bank, that may or has the potential to damage the goodwill of, or adversely influence them. The following activities are prohibited under the card brands’ programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Customer, Issuing Bank, Merchant, Cardholder, or cards. In addition, the following activities are also explicitly prohibited: – Selling drugs.”

Pursuant to art. 141-sexies, paragraph 3 of the Legislative Decree of September 6, 2005, n. 206 (Consumer Code), Cannactiva informs the user that he has the status of consumer in accordance with art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that it has submitted a complaint directly to Cannactiva as a result of which it has not been possible to resolve the dispute thus arising, Cannactiva will provide information on the Alternative Dispute Resolution Body or Bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (the so-called ADR bodies, as referred to in articles 141-bis et seq. Consumer Code), specifying whether it intends to use these bodies to resolve the dispute.

Cannactiva also informs the user who has the status of consumer in accordance with art. 3, paragraph 1, letter a) of the Consumer Code, that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/Through the ODR platform, the consumer user can consult the list of ADR organizations, find the link to the website of each one of them and initiate an online procedure for the resolution of the dispute in which he is involved. In any case, the consumer’s right is reserved to appeal to the ordinary court having jurisdiction over the dispute arising from these General Conditions of Sale, whatever the outcome of the procedure for out-of-court settlement of disputes relating to relations with the consumer by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

Contact

Cannactiva is a young company with a team full of enthusiasm and desire to work. Our priority is the satisfaction and trust of our customers. If you have any questions and/or want to request any information and/or send communications and/or submit corrections and/or comments about sales, orders, products, payments and shipments, you can do so through these channels:

Thank you very much!

Last update: March 24, 2023.

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