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TERMS AND CONDITIONS

Terms and conditions of sale

Terms of Sale

The following General Terms and Conditions of Sale govern the offer and sale of products on this website: www.carlitosweed.Amsterdam (also, alternatively, the “Site”).

The products and/or services purchased on the Site are offered and sold by Carlitos weed. You can request any information and/or send communications and/or submit complaints regarding sales, purchase orders, products, payments, and shipments by contacting Customer Service

1. Scope of application 

1.1 The sale of products through the Site (“Products”) constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree 6 September 2005, no. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, no. 70, as amended by Legislative Decree no. 21/2014, Legislative Decree no. 70/2003 regarding electronic commerce, and EU Regulation 2018/302 of the European Parliament and Council containing the rules for electronic commerce.

1.2 These General Terms and Conditions of Sale apply to all sales made by "Carlitos Weed" on the website and in store.

1.3 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication in the "Terms of Sale" section of the Site.

For this reason, users are invited to regularly access the Site and consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale.

The General Terms and Conditions of Sale that apply are those in force on the date the purchase order is sent.

The user is required to carefully read these General Terms and Conditions of Sale, which "Carlitos Weed" makes available in the "Terms of Sale" section of the Site and which the user is allowed to store and reproduce, as well as all other information that "Carlitos Weed" provides on the Site, both before and during the purchase procedure.

1.4 These General Terms and Conditions of Sale apply in the National and European territory.

These do not regulate the sale of products by parties other than "Carlitos Weed" that are present on the Site through links, banners, or other hypertext connections. "Carlitos Weed" is not responsible for the sale of products by such parties.

On the websites accessible through such links, “Carlitos Weed” does not carry out any control and/or monitoring.

"Carlitos Weed" is therefore not responsible for the content of such sites nor for any errors and/or omissions and/or violations of the law by them.

2. Purchases on the site

2.1 Access to sales made through the Site is reserved exclusively for users who are at least 18 years old.

2.2. The user acknowledges that, by accepting the general terms and conditions of sale, Carlitos Weed is released from any liability arising from the purchase of the product if it is in violation of the law of the country in which the product is sold.

The user is also required to check whether the laws/standards of their country provide for or authorize the purchase of the products offered for sale by Carlitos Weed, considering them legal.

Therefore, the user expressly holds Carlitos Weed harmless from any violation of the law regarding the previous point, assuming all responsibility.

Carlitos Weed informs Customers that the products sold / offered for sale on the site are for technical use and collecting purposes only and therefore cannot be used for any other use/purpose.

2.3 Access to the offers available on the Site is permitted to users who are consumers, as defined by art. 3, paragraph 1, letter a) of the Consumer Code, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any commercial, artisanal, entrepreneurial, or professional activity they may carry out.

2.4 Under no circumstances may resellers or wholesalers or, in general, all those who intend to purchase the Products for subsequent resale, make purchases on the Site. Therefore, such persons are prohibited from registering on the Site and making purchases on the Site.

2.5 “Carlitos Weed” reserves the right to refuse or cancel orders that come from: (I) a user with whom it is engaged in ongoing legal proceedings; (II) a user who has previously violated these General Terms and Conditions of Sale and/or the conditions and/or terms of a purchase contract with “Carlitos Weed”; (III) a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (IV) users who have provided false or incomplete identification data.

3. Site registration

3.1 Registration on the Site is free. To register on the Site, the user must fill out the registration form, entering their first name, last name, an email address, password, country, and gender.

Registration will be confirmed via an email sent to the user, who, in order to complete the registration process, must click on the appropriate link contained in the communication received.

3.2 The registration credentials must be used exclusively by the user and cannot be transferred to third parties.

The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform “Carlitos Weed” by contacting Customer Service in case of suspected misuse and/or disclosure thereof. The user guarantees that the personal information provided during the registration procedure on the Site is complete and truthful. Each user is allowed to register on the Site only once. The same user is prohibited from making multiple registrations. In the event that “Carlitos Weed” detects that the same user has made multiple registrations on the Site, “Carlitos Weed” reserves the right to immediately block the relevant account without prior notice. The user agrees to hold “Carlitos Weed” harmless from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the user's violation of the rules regarding registration on the Site or the safekeeping of registration credentials.

4. Information for consulting the contract

4.1 In accordance with Legislative Decree of April 9, 2003, no. 70 containing provisions on electronic commerce, “Carlitos Weed” informs the user that:

– to conclude the purchase contract for one or more Products on the Site, the user must fill out an order form in electronic format and send it to "Carlitos Weed" electronically, following the instructions that will appear from time to time on the Site and that will accompany the various stages of the purchase;

– the contract is concluded when the order form reaches the “Carlitos Weed” server;

– before proceeding with the submission of the order form, the user will be able to identify and correct any data entry errors by following the instructions provided from time to time on the Site, which will accompany the various stages of the purchase;

– once the order form has been registered and payment authorization for the total amount due has been received, "Carlitos Weed" will send the user, via email to the indicated email address, the order confirmation, containing a summary of the General Terms and Conditions of Sale and the specific conditions applicable to the contract, information regarding the characteristics of the purchased Product, a detailed indication of the price, the payment method used, information on the right of withdrawal, delivery costs (where applicable), any additional costs, and the contact details of Customer Service to which the user can turn for assistance and/or to submit complaints.

It is recommended to keep the received email as proof of purchase. The General Terms and Conditions of Sale applicable to the order, as well as the standard instructions on withdrawal and the standard withdrawal form referred to in art. 10 are available on the website.

The order form will be stored in the “CarlitosWeed” database for the time necessary to process the order and, in any case, within the terms established by law.

4.2 The languages available to users for the conclusion of the contract are Italian and English.

Customer Service is able to communicate with users in the same languages.

5. Prices

5.1 All Product prices are expressed in Euro (€) and are inclusive of Value Added Tax (“VAT”). Shipping costs and any other additional charges, including VAT and expressed in Euro (€), will be indicated in the order form before the user proceeds with its submission, as well as in the order confirmation email.

5.2 The price of the Products may be changed by “Carlitos Weed” at any time, without notice, it being understood that the price charged to the user will be the one published on the information sheet that illustrates the main features of the Product (“Product Sheet”) at the time the order is placed.

Any price changes (increases or decreases) occurring after the order has been placed will not be taken into account.

6. Purchase orders – Product information –

6.1 “Carlitos Weed” will process the purchase order, and therefore ship the purchased Product, only after receiving confirmation of authorization for payment of the total amount due, consisting of the purchase price, delivery charges (if applicable), and any other additional costs. In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be considered legally terminated pursuant to and for the purposes of Article 1456 of the Civil Code. The user will be notified of this termination and the consequent cancellation of the order immediately after the order is placed, via the Website.

6.2 The Products will remain the property of the "Carlitos Weed" partners until the user has paid the Total Amount Due. The risk of loss or damage to the Products will be transferred to the user at the moment the payment of the amount due is displayed by Carlitos Weed.

The user acknowledges that Carlitos Weed is in no way responsible for damage, delay, or loss of the product from the moment the product is entrusted to the courier handling the shipment.

6.3 The Products offered on the Site are the items present on the Site at the time the order is placed by the user.

6.4 Each Product is accompanied by a Product Sheet. The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or computers used by users for their display. The images of the Product present in the Product Sheet may also differ in size or in relation to any accessory products. These images should therefore be understood as indicative and within the usual tolerances. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user shall prevail.

7. Product availability

7.1 The products offered on the Site are limited in number. Therefore, it may happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the purchase order has been submitted. Therefore, once the order request has been received, the Orders department of "Carlitos Weed" reserves the right to reconfirm the availability of the purchased items, the validity of the credit card transaction, and to verify the details of previous transactions made by the user on the website.

7.2 In case of unavailability of the ordered Product, without prejudice to the rights granted to the user by law, and in particular by Chapter XIV of Title II of Book IV of the Civil Code, the user will be promptly informed by e-mail. The user will then be entitled to cancel the order. If the user exercises the right of termination, “Carlitos Weed” will refund the amount paid without undue delay and, in any case, within a maximum period of 14 working days from the sending of the order. The amount of the refund will be communicated to the user by e-mail. This amount will be credited to the same payment method used by the user for the purchase. Any delays in the crediting may depend on the bank, the type of credit card, or the payment solution used. In any case, the value date will be the same as the debit date.

7.3 In the case of orders involving multiple Products (“Multiple Order”), if the subsequent unavailability concerns only some of the Products included in the Multiple Order (without prejudice to the rights granted to the user by law, and in particular by Chapter XIV of Title II of Book IV of the Civil Code, and without prejudice to the application of art. 7.2 above) and if the subsequent unavailability concerns all the Products included in the order, “Carlitos Weed” will immediately notify the user by e-mail. The user will then be entitled to cancel the order, limited to the Product(s) that have become unavailable, in accordance with the provisions of the Consumer Code. If the user decides to cancel the order in relation to the Product(s) that have become unavailable or in any case where payment of the total amount due has already been made, “” will refund the amount due in relation to such Product(s) within a maximum period of 14 working days from the completion of the notification. The amount of the refund will be communicated to the user by e-mail. This refund will be made to the IBAN provided by the User. Any delays in crediting may depend on the bank, the type of credit card, or the payment solution used.

In any case, the value date will be the same as the debit date. The cancellation of the entire Multiple Order will only be possible in the case of clear and proven accessory nature of the Products in the Multiple Order that have become unavailable in relation to the other available Products in the Multiple Order.

8. Delivery of purchased products

8.1 Delivery is subject to a fee for purchases up to the amount of €59.00, while for purchases above this amount, shipping and delivery are free. The amount of delivery charges owed by the user in relation to a specific order is indicated (in Euros and including VAT) during the purchase process, in the order summary, and, in any case, before the user proceeds to submit the order.

The indication of such costs will also appear in the "Profile – My Orders" section of the Site and in the order confirmation. The delivery terms will be specifically indicated during the purchase procedure and in the order summary, and, in any case, before the user submits the order. They will also be indicated in the order confirmation and in the "Profile – My Orders" section of the Site.

In the event that a specific delivery date is not indicated, delivery will in any case take place within thirty days from the date of conclusion of the contract.

8.2 The delivery obligation is fulfilled by transferring the material availability to the Carrier or, in any case, the control of the Products to the user.

It is the user's responsibility to check the condition of the Product that has been delivered. The user is advised to check the number of Products received and that the packaging is intact, not damaged, nor otherwise altered, and is invited, in their own interest, to indicate any anomalies on the carrier's delivery document, accepting the package with reservation.

The receipt and unconditional acceptance of the Products does not allow the user to make claims of liability against Carlitos Weed and the courier. Without prejudice to the provisions of art. 6.2, if the package shows obvious signs of tampering or alteration, the user is invited to promptly notify Customer Service. In any case, the application of the rules regarding the right of withdrawal remains unaffected.

8.3 The Products purchased on the Site will be sent and delivered to the address indicated by the user at the time of order. Home Delivery will be carried out, unless otherwise indicated, by the courier on the days specified by the site.

"Carlitos Weed" reserves the right to use other carriers, while still respecting the delivery method chosen by the user and the indicated delivery times.

8.4 At the time of delivery of the Products to the courier, a shipping confirmation email will be sent to the user, indicating the tracking number through which they can check the status of the shipment. This email will also contain instructions regarding the delivery procedure, the deadline for collection in case of non-delivery due to the recipient's absence, and the consequences of failing to collect within the specified period.

8.5 The user acknowledges that collecting the Product is a specific obligation arising from the purchase contract. In case of non-delivery due to the recipient's absence at the address specified in the order form, the courier will leave a card to certify the delivery attempt (so-called notice of passage). The card will indicate the phone number that the user must contact to request that the courier make a second delivery attempt. After two unsuccessful delivery attempts, the package will be "held in storage."

As soon as the package goes "on hold", Customer Service will contact the user in order to release the hold and ensure that the package is delivered to them as soon as possible. If the delivery attempt following the Customer Service contact is also unsuccessful, the package will be returned to "Carlitos Weed".

With reference to the previous point, the user acknowledges that, after thirty (30) days from when the package is returned to "Carlitos Weed", the contract may be considered terminated and the purchase order cancelled pursuant to art. 1456 of the civil code. Once the contract is terminated, "Carlitos Weed" will proceed to refund the total amount due, if already paid by the user. The refund amount will be credited to the IBAN communicated by the User. Any delays in the crediting process may depend on the bank, the type of credit card, or the payment solution used. In any case, the value date will be the same as the debit date. If, before the expiry of the aforementioned thirty days, the user wishes to receive the purchased Product again, they may contact Customer Service to receive all the necessary information to process the request.

9. Payment methods

9.1 Payment for the Products can be made by credit card or by using the PayPal service. If one of these payment methods/solutions cannot be used for a specific Product, this will be clearly indicated on the Site, at the latest at the beginning of the purchase procedure.

9.2 The payment receipt will be issued automatically with each purchase. During the first purchase, the user will be asked to provide the details for the purchase order header. For this, the user declares that the information is truthful, undertaking to hold “Carlitos Weed” harmless from any damage, including penalties imposed by the competent authorities, that may arise in the event of failure to comply with the truth.

10. Right of withdrawal

10.1 The user who qualifies as a consumer has the right to withdraw from the contract concluded with "CarlitosWeed", without having to specify the reason, within fourteen (14) calendar days (Withdrawal Period).

THE ORDER MUST THEREFORE BE RETURNED IN THE MANNER INDICATED BY "Carlitos Weed" WITHIN AND NO LATER THAN 14 WORKING DAYS, AFTER THIS PERIOD THE RETURN WILL NOT BE ACCEPTED

The Withdrawal Period expires after 14 days:

1. in the case of an order relating to a single Product: from the day on which the user or the carrier acquires physical possession of the Product;

2. in the case of a Multiple Order with separate deliveries: from the day on which the user or the carrier acquires physical possession of the last Product;

3. in the case of an order relating to the delivery of a Product consisting of batches or multiple pieces: from the day on which the user or the carrier acquires physical possession of the last batch or piece.

10.2 Exercising the right of withdrawal

To exercise the right of withdrawal in relation to an Order, the user must inform "Carlitos Weed" of their decision to withdraw before the expiry of the Withdrawal Period. To make the request, it is sufficient to log into your account or contact Customer Service and select the "orders" option. Then you will need to select the desired order and the product(s) you wish to return. You can complete the return request by filling in the reason for the return and any additional notes. At the end of the procedure, the user can print the return receipt to attach to the package and send it to the communicated address.

10.3 The user, after exercising the right of withdrawal in the manner indicated in articles 10.1 and 10.2 above, must return the Product to "Carlitos Weed" using the indicated carrier. The printed receipt with the return number must be attached to the package. The return of the Product to "Carlitos Weed" is under the responsibility of the user.

10.4 If the user withdraws from the contract within the indicated time and manner, "Carlitos Weed" will proceed to refund the amount paid by the user for the Product no later than 14 calendar days from the day. This date is calculated from when the Product arrives at the "Carlitos Weed" warehouses.

All subject to verification of the integrity of the Product. The refund will be made to the IBAN communicated by the User. In any case, the user will not have to bear any cost as a consequence of such refund. If the user exercises the right of withdrawal, the security seal present on the Product must not be cut or broken. The Product must not have been opened or altered and must not show any signs of use. The returned product must be returned in the condition in which it was delivered.

10.7 In the event that the withdrawal has not been exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle the customer to any refund.

13. Customer service complaints

13.1 It is possible to request information, send communications, request assistance or submit complaints by contacting Customer Service in the following ways:

– by filling out and submitting the form available in the Customer Service-Contact Us section of the Site;

Via e.mail: marijuanacbdtown@gmail.com or by phone at: +39 3461893601 available from Monday to Friday from 10:00 am to 5:00 pm ;

13.2 “Carlitos Weed” will respond to complaints submitted within five working days of receiving them.

14. Exhaustiveness

Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution

14.1 These General Terms and Conditions of Sale, together with the information provided pursuant to Article 49 of the Consumer Code before the user is bound by the contract, represent the entirety of the agreements between "Carlitos Weed" and the users of the Site with reference to contracts concluded through the Site.

14.2 Contracts concluded between users of the Site and "Carlitos Weed" are governed by Italian law. The application of any more favorable and mandatory provisions provided by the law of the country in which users who are consumers and do not have their habitual residence in Italy reside is reserved, particularly in relation to the period for exercising the right of withdrawal, the period for returning Products in the event of exercising such right, the methods and formalities of communication thereof, and the legal guarantee of conformity.

14.3 Please note that in the case of a consumer user, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the court of the place where the user resides or has elected domicile shall have jurisdiction.

14.4 Pursuant to art. 141-sexies, paragraph 3 of Legislative Decree 6 September 2005, no. 206 (Consumer Code), "Carlitos Weed" informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he/she has submitted a complaint directly to "Carlitos Weed" and it has not been possible to resolve the dispute thus arisen, "Carlitos Weed" will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. of the Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.

"Carlitos Weed" also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure in which they are involved. In any case, the consumer user's right to refer the dispute arising from these General Terms and Conditions of Sale to the competent ordinary court is preserved, regardless of the outcome of the out-of-court settlement procedure for disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

14.5 A user residing in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, fees, and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

15. Intellectual property

15.1. The website as a whole, the products sold on the website and their packaging, and all elements that can be found on the website (such as trademarks, logos, designs, shapes and models, illustrations, photos, texts, animations, videograms, phonograms, software, source codes and databases) are the exclusive property of Carlitos weed or the holders of the intellectual property rights of the respective element. All these elements are protected by copyright, trademark law, industrial design law, patent law and sui generis rights.

15.2. Consequently, any reproduction, communication, download, modification or use, whether partial or total, of these elements belonging to Carlitos Weed or third parties, for any purpose or by any means of communication, requires prior written authorization from Carlitos Weed or the respective holders of intellectual property rights, except in cases where it is authorized by law. The user declares and guarantees to have been informed that failure to comply with any of these obligations will expose them to civil actions and/or criminal proceedings.

16. Personal Data and Cookies

16.1 Carlitos Weed collects and processes the user's personal data and, when necessary, the data of the order recipient. The collection of data is necessary for the management and execution of the order, as well as for the business relationship between Carlitos Weed and the user. The data may be provided to Carlitos Weed's contractual partners for the execution of the order, such as the management, processing, payment, and delivery of the order. The information is also collected and stored for security reasons, in compliance with legal and regulatory obligations. Furthermore, the information collected allows Carlitos Weed to send promotional offers and establish business relationships with the user.

16.2 Carlitos Weed uses HTTP Cookies, defined as data files that are stored in the user's web browser when they access the website. The purpose of these data files, which record the user's navigation on the website, is to facilitate electronic communication, improve and personalize the quality of the website's service, and create statistics that measure visits to pages and the various features of the site.

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