Terms and conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1) These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Global Hemp Distribution Ltd of Merchant's House, Chester, CH1 2BE, contactable by email email@example.com; (the Supplier or us or we).
2) These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are at least 18 years old.
3) Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4) Purchase means the agreement between you and us for the supply of the Goods
5) Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
6) Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7) Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8) Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10) Website means our website www.phocuscbd.com which the Goods are advertised.
11) The description of the Goods is as set out in the Website, or any other form of advertisement that we deem fit. Any description on the Website is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12) In the case of any Goods made to your special requirements, it is your responsibility to ensure any information or specification you provide is accurate
13) All Goods which appear on the Website are subject to availability
14) We can make changes to the Goods when necessary to comply with any applicable law or changes in the law or safety requirement. We will notify you of any impending changes on our Website.
16) We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
Basis of Sale
17) The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, though we will try to tell you the reason if applicable without delay.
18) The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting your Order. It is your responsibility that you have used the ordering process correctly.
19) A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after purchasing the Goods, but in any event, not later than the delivery of any Goods supplied.
20) No variation of the Contract, whether about the description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Supplier in writing.
21) We intend that these Terms and Conditions apply only to you as a Consumer.
Price and Payment
22) The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
23) Prices and charges include VAT at the rate applicable at the time of the Order.
24) You must pay by submitting your credit or debit card details with your Order. Upon placing your order we will authorise your card for the agreed fee and payment will be taken once we despatch the Goods.
25) We will deliver the Goods, to the Delivery Location by the time or within the agreed period, or failing any agreement, without undue delay, and in any event not more than 30 days after the day on which the Goods are purchased.
26) In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if: We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
27) After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28) If you treat the Contract at an end, we will (in addition to other remedies as applicable) promptly return all payments made by You.
29) If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and if you do this we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
30) If the Goods have been delivered, but for any reason you are unsatisfied, then you are you must return them to us UNOPENED within the statutory 14-day period.
31) We do not generally deliver to addresses outside England and Wales, Scotland, Norther Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside these areas, you may need to pay import duties or other taxes, as we will not pay them.
32) If you or your nominee fail, through no fault of ours to take delivery of the Goods at the Delivery Location requested, we may charge the reasonable costs of storing and redelivering them.
33) The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Post & Packaging
34) It is your responsibility to insert the correct postal address. We will not be held responsible for the cost of re-delivering owed to an incorrect postal address.
35) Your order is insured and once we have sent your order with either of our delivery services (DPD, Royal Mail), it is the responsibility of the delivery services to ensure your parcel is not lost.
36) In the event that your parcel does not arrive as a result of the delivery services losing your parcel, we will be able to send you another order, free of charge.
37) If there is an error or any other delivery problem in respect of the products ordered, you must notify us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.
Risk and Title
38) Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
39) You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
40) You can withdraw the Order at any time before you have paid, without incurring any liability.
41) You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind without giving us a reason, and without liability, except in that case you must return to any of our business premises the Goods in undamaged and unopened condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.
Right to cancel
42) Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
43) The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.
44) To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement setting out your decision. In any event, you must be able to show clear evidence of when the cancellation was made.
45) You can also electronically fill in and submit a Model Cancellation Form or any other clear statement of the Customer’s decision to cancel the Contract on our website www.phocuscbd.com. If you use this option, we will communicate to you an acknowledgment of receipt of such a cancellation in a Durable Medium (e.g. email) without delay.
46) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
47) Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us.)
Deduction for Goods supplied
48) We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might reasonably be allowed in a shop). This is because you are liable for that loss and, if that deduction is not made you must pay us the amount of that loss.
Timing of reimbursement
49) If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied or b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
50) We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
51) If you have received Goods in connection with the Contract which you have cancelled, you must contact firstname.lastname@example.org without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract.
Conformity and Guarantee
52) We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
53) Upon delivery, the Goods will:
a. Be of satisfactory quality;
b. Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set in the Contract; and
c. Conform to their description as set out on the Website.
54) Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
55) For the purposes of these Terms and Conditions:
a. “Data Protection Laws” means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. “GDPR” means the General Data Protection Regulation (EU) 2016/679
56) Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. Before or at the time of collecting Personal Data, we will identify the purposes for which the information is being collected;
b. We will only Process Personal Data for the purposes identified;
c. We will respect your rights in relation to your Personal data; and
d. We will implement technical and organisational measures to ensure your Personal Data is secure.
57) You have rights relating to our storage and our use of your personal data. These include:
a. The right of access – You have the right to know what personal data we hold about you.
b. The right to be forgotten – You can ask us to delete all personal data relating to you.
c. The right to object – You can say no to certain data use.
58) For any enquiries or complaints or further information regarding data privacy, please contact the following email address: email@example.com
Disclaimers & Excluding Liability
59) We do not purport that any of the Goods that we sell have medicinal benefits.
60) Please ensure you read any dosage instructions carefully and comply with them. We will not be held responsible for any injury as a result of your choice to disregard dosage instructions.
61) The supplier does not exclude liability for: i.) any fraudulent act or omission; or II.) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable (i) loss which was not reasonably foreseeable to both parties at the time when the Purchase was made, or (ii) loss to the Customer’s business, trade, craft or profession which would not be suffered by a consumer- because the Supplier believes the Customer is not buying Goods wholly or mainly for its business, trade, craft or profession.
Governing Law, Jurisdiction and complaints
62) The Contract (including any non-contractual matters) is governed by the law of England and Wales.
63) Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
64) We try to avoid any dispute, so we deal with complaints in the following way: if you are unsatisfied you should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.
65) Global Hemp Distribution Ltd receives payment with VISA, Maestro, Mastercard and American Express.
66) Global Hemp Distribution Ltd accepts payment cards from the following countries: Austria, Switzerland, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden, Slovenia, United Kingdom, Iceland, Liechtenstein, Norway. We reserve the right to update this list without notice.
67) Please refer to the Payment processors Terms and conditions of use for further information.
68) The payment processor uses an authorized payment server that encrypts all your card information with SSL (Secure Socket Layer) protocol. This means that you cannot read your information.
69) You may cancel or edit your subscription at any time via your customer account which can be found here: https://phocuscbd.com/account and by clicking on ‘Manage Subscription’ link.
70) If you cancel your subscription you will no longer be eligible for discount on future orders.
71) If you are struggling to cancel or edit your subscription online, you can email us on firstname.lastname@example.org or call us on 0845 052 6783 and a member of the team will be happy to help you.