EU General Terms and Conditions Rockstarkratom.com
Contents:
- Article 1 – Definitions
- Article 2 – Identity of the entrepreneur
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The agreement
- Article 6 – Return, right of withdrawal and reimbursement
- Article 7 – The price
- Article 8 – Delivery and implementation
- Article 9 – Payment
- Article 10 – Complaints
- Article 11 – Disputes
- Article 12 – Additional or different provisions
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur.
- Reflection period: the period during which the Consumer may use his right of withdrawal.
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities.
- Day: business day.
- Digital content: data produced and delivered in digital form.
- Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period.
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined, and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract.
- Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
Name of Entrepreneur: Rockstarkratom.com
Business address: Kabelweg 57 1014BA Amsterdam Netherlands
E-mail address: info@rockstarkratom.com
Chamber of Commerce number:
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract.
- In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.
Article 4 – The offer
- The entrepreneur is not responsible for damage to health of the purchaser or other incorrect use of the product by the consumer resulting in material or immaterial damage.
- Consumers must be 18 years or older before you can proceed to purchase.
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- Each offer contains such information that is clear to the consumer what rights and obligations are attached in accepting the offer.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
- a. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints.
- b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal.
- c. the information corresponding to existing after-sales services and guarantees.
- d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract.
- e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
- f. the standard form for withdrawal if the Consumer has the right of withdrawal.
- In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
In case of products:
- Returning is possible within a cooling-off period of fourteen working days, from the day the goods are received.
- Return is possible if products are unopened.
Article 7 – The price
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
- a. they are the result of legal regulations or stipulations, or
- b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
- All prices indicated in the provision of products or services are including VAT.
Article 8 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
Article 9 – Payment
- Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
- When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
- In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favor of the Consumer.
Article 10 – Complaints procedure
- The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
- Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects
- The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
- If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
Article 11 – Disputes
- Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Article 12 – Additional or different provisions
- By placing an order at Rockstarkratom.com you accept all responsibility regarding the legal status of the products that will be sent to you. All products on the website are legally permitted in the Netherlands. However, we cannot give a definitive answer about the legal status in other countries.
- You accept the responsibility to inform yourself of the laws, import provisions and customs regulations in force in your country before ordering and you declare that the import of the ordered products is legally permitted in your country. We do not encourage illegal use of our products in any way. If in doubt, we recommend that you do not place orders or consult a lawyer.
- Rockstarkratom.com in no way guarantees that the information and products on this website are available, applicable or legally permitted outside the Netherlands. The information provided by Rockstarkratom.com through this website, links to or from other websites, or by its employees by telephone, email or any other means of communication is strictly educational and informative. This information should never be considered as a recommendation to perform certain actions. The use of this information for prohibited activities is entirely at your own risk. Rockstarkratom.com in no way claims that the information on this website is accurate, complete and / or current. No rights can be derived from this.
- This website may not be visited, displayed or otherwise viewed in countries where this is contrary to the law or customs regulations.
- Rockstarkratom.com in no way claims that these products are suitable for treating, curing or preventing any disease or condition. Our products have no medical value.
- You accept full liability for all injuries, damage, punishment, loss of income or property that arise from the purchase, consumption, use and / or misuse of a Rockstarkratom.com product. The company and employees are not responsible for the actions of customers.
USA General Terms and Conditions Rockstarkratom.com
Rockstar Kratom and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Use of Rockstar Kratom Products & User Representations.
You represent and acknowledge as follows: you are twenty one (21) years of age or older, or of the age of majority where you reside; you intend to use, and shall use, any products purchased through Rockstar Kratom for your own personal use, however, if you request the shipment of any products to a third party, you represent that the receiving party is also twenty one (21) years of age or older, or of the age of majority where that receiving party resides, and intends to use any products for his or her personal use.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Rockstar Kratom or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Rockstar Kratom or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Rockstar Kratom with copyright authorship for this collection by Rockstar Kratom and protected by U.S. and international copyright laws. The software application provider and author for “WordPress”, is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for WordPress remains the intellectual rights of WordPress.
TRADEMARKS
Rockstar Kratom trademarks and trade dress may not be used in connection with any product or service that is not Rockstar Kratom, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rockstar Kratom. All other trademarks not owned by Rockstar Kratom or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rockstar Kratom or its subsidiaries.
LICENSE AND SITE ACCESS
Rockstar Kratom grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Rockstar Kratom. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rockstar Kratom. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kraken Kratom and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilizing Rockstar Kratom name or trademarks without the express written consent of Rockstar Kratom. Any unauthorized use terminates the permission or license granted by Rockstar Kratom. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Rockstar Kratom so long as the link does not portray Rockstar Kratom its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rockstar Kratom logo or other proprietary graphic or trademark as part of the link without express written permission.
RISK OF LOSS
All items purchased from Rockstar Kratom are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the courier.
PRODUCT DESCRIPTIONS
Rockstar Kratom and all associates attempt to be as accurate as possible. However, Rockstar Kratom does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Rockstar Kratom itself is not as described, your sole remedy is to return it in an unused, opened, unsealed condition.
APPLICABLE LAW
By visiting Rockstar Kratom you agree that the laws of the state of Oregon and the United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Rockstar Kratom or its associates.
DISPUTES
Any dispute relating in any way to your visit to Rockstar Kratom or to products you purchase through Kraken Kratom shall be submitted to confidential arbitration in New Mexico, except that, to the extent you have in any manner violated or threatened to violate Rockstar Kratom intellectual property rights, Rockstar Kratom may seek injunctive or other appropriate relief in any state or federal court in the state of New Mexico, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
INDEMNITY
Buyer shall indemnify, defend, and hold harmless Rockstar Kratom and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Rockstar Kratom may sustain or incur arising from (a) Buyer’s use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (e) the Buyer’s breach of any of its obligations set forth in these Terms or in the Agreement. Rockstar Kratom will provide Buyer with: (i) prompt written notice of such claim of which Rockstar Kratom is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of Rockstar Kratom, which shall not be unreasonably withheld.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Rockstar Kratom. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ROCKSTAR KRATOM ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROCKSTAR KRATOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ROCKSTAR KRATOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROCKSTAR KRATOM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ROCKSTAR KRATOM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROCKSTAR KRATOM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.