Table of content
2. Corporate Identity/Supplier
5. The Agreement
6. Right of Withdrawal
7. Withdrawal Costs.
8. Exclusion Right of Withdrawal
9. Pricing. 8
10. Conformity and Guarantees.
11. Delivery and Execution.
15. Additional and Different Provisions.
16. General Notice & Legal Disclaimer
In these General Terms & Conditions the following definitions are applicable:
“Withdrawal period”: the term during which the consumer can execute the right of withdrawal.
“Consumer”: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the supplier.
“Supplier”: the natural person or corporation who offers distance products to consumers (full company details specified under article 2)
“Day”: calendar day
“Distance sales transaction”: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
“Durable Medium”: any instrument which enables the recipient or the supplier to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
“Right of withdrawal”: the possibility for the consumer to terminate the distance agreement within the withdrawal period.
“Distance agreement”: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
“Technique of distant communication”: a means that can be used to close an agreement without the consumer and the supplier have gathered together in the same place and at the same time.
These General Terms & Conditions apply to any offer of the supplier and to every finalized distance agreement between supplier and consumer.
Legal entities cannot make online purchases through the webshop www.greenpassion.eu which is only intended for B2C transactions. A legal entity intending to make a B2B purchase should contact Green Passion d.o.o. under [email protected] or via telephone +386 70 966 966.
Before a distance agreement is concluded between the supplier and the consumer, the text of the General Terms & Conditions is being made available to the consumer. If this is reasonably not possible before the distance agreement is concluded, it will be indicated that the General Terms & Conditions can be seen at the supplier and on request of the consumer these General Terms & Conditions shall be sent to the consumer as soon as possible without extra costs.
These General Terms & Conditions regulate the operation of the web store www.greenpassion.com, including the rights and obligations of consumers, the rights and obligations of the supplier, the relationship between the supplier and the consumer, the way of resolving possible disputes.
These General Terms & Conditions comply with the EU Consumer Rights Directive, the EU General Data Protection Regulation and the Electronic Communications Act.
Consumers in the web store are bound by the General Terms & Conditions at the time of purchase respectively when placing an order. Every time an order is placed, the supplier alerts the consumer to General Terms & Conditions he or she must accept.
If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the General Terms & Conditions can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible before the distance agreement is concluded, it will be indicated where the consumer can find the General Terms & Conditions electronically and that these General Terms & Conditions at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
For the case that besides these General Terms & Conditions, specific product and service conditions are also applicable, the second and third paragraph of this article are mutatis mutandis and in case of conflicting terms or conditions the consumer can rely on the relevant terms or conditions which are the most favourable for the consumer.
If an offer has a limited validity or has other specific requirements or limitations, this will be mentioned.
The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the supplier are true representations of the products and services. Obvious mistakes and errors do not bind the supplier.
Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
– price inclusive taxes (if products are sent to a country outside the European Union, additional taxes and duties may apply which can and will not be displayed by supplier)
– possible costs of delivery / shipping costs
– the manner in which the agreement has been concluded and the necessary signatures
– whether to apply the right of withdrawal
– the method of payment, delivery and performance of the contract
– the deadline for accepting the offer or the period within which the supplier guarantees the price
– the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
– if the agreement after the conclusion is archived and if so how to consult it for the consumer
– the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement
– any other languages for the agreement
– the codes of conduct to which the supplier is subject and the manner in which the consumer can consult electronically such codes of conduct; and
– the minimum duration of the distance agreement in the event of a distance sales transaction.
5 The Agreement
The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted the offer electronically, the supplier immediately confirms electronically that he has received the acceptance of the offer. As long as the supplier has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the supplier will take appropriate technical and organizational measures to protect the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the supplier will observe the necessary security measures.
The supplier can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the supplier based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can imply special conditions to the execution of the offer.
The supplier shall provide/send the following information regarding the ordered products or services, written or in such a manner that the consumer can store the data in an accessible way on a durable medium:
– The company details and address of the supplier for the consumer to file complaints
– The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal
– Information about after sales guarantees and services
– Article 4 paragraph 3 unless the supplier has already sent this information before the execution of the agreement
– The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration
In case of a distance sales transaction the previous clause e. is only applicable for the first delivery.
6 Right of Withdrawal
Consumer has the right to withdraw from his purchase contract within 14 calendar days without providing any explanation. The withdrawal period shall expire on the 14th calendar day from which consumer or a third party indicated by consumer, other than the carrier, acquired material possession of the goods.
In order to exercise the right of withdrawal, consumer must notify supplier with: full name, full address, telephone number, email address, and the statement to withdraw from the purchase contract by means of an unequivocal statement (for example, a letter sent by post or email).
The withdrawal may be submitted electronically via completing and submitting a withdrawal form (if available) or by sending an email to [email protected]. If you exercise this option, supplier will inform consumer without delay by email of the receipt of the withdrawal. In order to comply with the withdrawal period, it is sufficient for consumer to communicate the desire to exercise this right before the corresponding period has expired.
Consequences of withdrawal/revocation:
In the event of a withdrawal on part of the consumer, supplier will refund all payments received from consumer for the withdrawn order/purchase, including delivery costs (with the exception of additional costs resulting from consumer’s choice of delivery method other than the least expensive method of ordinary delivery that we offer and without any import taxes and/or duties due by consumer if goods were sent abroad), without undue delay and in any event no later than 14 calendar days from the date on which supplier is informed of consumer’s decision to withdraw from the contract. Supplier will make such refund using the same means of payment used by consumer for the initial transaction, unless consumer expressly indicates otherwise; under no circumstances will consumer incur any expense as a result of the refund. Supplier may withhold the refund until goods are returned/received, or until consumer has provided proof of return, whichever condition is met first.
If consumer has received goods that are the subject to the contract, consumer must return the goods to supplier, or deliver them directly to supplier or to the address provided to you by emailing [email protected], without undue delay and in any event no later than 14 calendar days from the date consumer notified supplier of his decision to withdraw from the contract. The period shall be deemed met if consumer returns the goods before the end of this period.
– To the attention of:
Green Passion d.o.o.
Trg komandanta staneta 8
E-Mail: [email protected]
Sample withdrawal/revocation text:
– I hereby inform you that I am terminating my contract for the sale of the following item/order number:
– Requested on/received on
– Name of customer and username
– Address of customer and username
– Signature of customer and username (only if the form is submitted in print)
7 Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has made a payment, the supplier shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
8 Exclusion Right of Withdrawal
The supplier can exclude the right of withdrawal of the consumer for as far as foreseen in article 6 of these General Terms & Conditions. The exclusion of the right of withdrawal applies only if the supplier has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
– Which were produced by the supplier according to specifications of the consumer
– That they are clearly personal in nature
– Which cannot be returned because of their nature
– That can spoil or age quickly
– Whose price is bound to fluctuation on the financial market which the supplier has no influence
– Individual newspapers and magazines
– For all products for which cannot be established that it concerns the original product that was delivered by www.greenpassion.eu, e.g. because the packaging was opened or seal was broken
During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.
Notwithstanding the previous paragraph the supplier can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the supplier has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement only if the supplier has stipulated this and:
– These are the result of legal regulations or provisions; or
– The consumer has the competence to terminate the agreement from the day the price increase takes effect.
The prices mentioned in the offer include VAT.
10 Conformity and Guarantees
The supplier ensures that the products and services measure up to the agreement, ensures the specifications mentioned in the offer, ensures reasonable requirements, soundness and/or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the supplier also ensures that the product is suitable for other than normal use.
A guarantee provided by the supplier, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the supplier.
11 Delivery and Execution
The supplier shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
The address that has been made known by the consumer to the supplier is considered to be the place of delivery.
Taking into account what is stated in article 4 of these General Terms & Conditions, the supplier shall execute the accepted orders expeditiously, in any case no later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In such case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.
In the event of termination in accordance with the previous paragraph the supplier shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
If the delivery of an ordered product appears to be impossible, the supplier shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment are borne by the supplier.
The risk of damage and/or loss of products rests with the supplier until the moment of delivery at the consumer or a pre-designated and an announced representative, unless otherwise expressly agreed. If consumer receives a damaged product, you should report this by email within three days.
Any ordered product will be dispatched/sent by Green Passion d.o.o. from Slovenia. In some cases (e.g. when ordering from outside the EU) charges, taxes and/or duties may become liable over which the supplier has no influence.
The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products and services respecting the applicable termination rules of a notice of not more than one month.
The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.
According to the above mentioned paragraphs, consumer may:
at all times terminate with no restrictions to terminate at a certain time or during a certain period at least terminate in the same manner as entered into at all times terminate with the same notice as the supplier has obtained for himself.
An agreement which has been entered for a definite time and which extends to a regular delivery of products or services may not automatically be extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, an agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines may be extended automatically for a specified duration of three months. The consumer can terminate this extended agreement at the end of the extension period with a notice of one month.
An agreement which has been entered for a definite time and which extends to a regular delivery of products and services, may only be automatically extended for an indefinite period if the consumer at any time may terminate with a notice period of no more than one month and a notice period of no more than three months if the in case the agreement extends to a regular delivery, but less than one time per month, of daily newspapers, weeklies and magazines.
An agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines (trial and introductory subscription) will not be automatically be extended and terminates automatically at the end of the trial or introductory period.
If an agreement has a duration period of more than one year, the consumer may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed duration.
The purchase price set out in an offer is binding. Prices quoted to consumers residing in within the European Union include the applicable rate of VAT.
If not explicitly agreed otherwise, purchase price shall be paid in advance and without any deductions. Payment in good time shall be adjudicated on the basis of the date of receipt onto one of the bank accounts designated on the invoice. Cheques and bills of exchange will not be accepted.
For bank wire transfers effected by the consumer, bank charges shall always be borne by the client. In case amount received via bank transfer does not correspond with the purchase price, supplier may refuse dispatch of goods until full amount is received. Payments via bank transfer must be made to the supplier’s account in the same currency as the purchase price is indicated on the invoice.
In the case of online payments (online credit card payment or bank transfer), supplier is not responsible for any additional costs incurred by the consumer depending on the payment method chosen by the supplier or the supplier’s card issuer bank (in particular, but not limited to foreign currency exchange rate, other costs). The Buyer is responsible for the consequences of the chosen method of payment.
The available payment methods are indicated under the payment section of the website.
The supplier features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the supplier after the consumer has observed the defects.
The complaints submitted to the supplier will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the supplier will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Contracts between the supplier and the consumer regarding these General Terms & Conditions shall be governed by Swiss law.
15 Additional and Different Provisions
Additional or different provisions compared to the General Terms & Conditions may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.
16 General Notice & Legal Disclaimer
None of the products on our website, including CBD products, are intended to diagnose, treat or cure any disease.