Terms & Conditions

1. Definitions

Pharmabinoid / “we” / “us” – Pharmabinoid B.V., Loopkantstraat 13A, 5405NB Uden, The Netherlands, KVK: NL860424777B01 ; VAT: NL860424777B01

Buyer / “you” – any person or entity that places an order.

Stock Item – a product clearly marked In Stock on the webshop.

Custom Goods – anything not marked In Stock; produced or packaged specifically for you. This includes but is not limited to Oil, E-liquids, Vapes, Cosmetics, Gummies, Distillates, Extracts.

Order Confirmation – the moment when payment is successfully processed.

TryPharma Guarantee / promo code “TRY30” – a code entered at checkout that unlocks a 30-day, fee-free return for Stock Items (see Return Policy).

2. Scope

2.1 These T&C govern every sale. They override any terms supplied by the Buyer.

2.2 We trade business-to-business (B2B) by default. Where mandatory law treats you as a consumer, section 11 applies additionally.

3. Contract Formation

3.1 Your online checkout is an offer.

3.2 A contract exists only when we issue the Order Confirmation. If we decline the order we refund all monies received.

4. Make-to-Order Production

4.1 All goods other than Stock Items are Custom Goods.

4.2 Custom Goods become non-cancellable and non-refundable once either raw-material procurement or production/re-packing has begun.

5. Prices, Payment & Taxes

5.1 Prices are EXW Uden, Netherlands (Incoterms 2020) unless agreed otherwise.

5.2 Full pre-payment is required before we procure materials.

5.3 All import duties, taxes and customs fees are the Buyer’s responsibility.

6. Import-Law Responsibility

6.1 You warrant that import, possession and use of the goods are lawful at the destination.

6.2 If an authority refuses or seizes a shipment, our Abandonment Procedure (see Return Policy) applies.

7. Lead Times & Force Majeure

7.1 Lead times are estimates. Delay is not breach unless more than 30 calendar days late and you have sent a written reminder.

7.2 Force-majeure events extend lead times or allow us to cancel without liability.

8. Shipping

Shipping terms, risk transfer and the option to provide your own courier label are set out in the separate Shipping Policy.

9. Cancellations & Returns

The separate Return & Cancellation Policy forms an integral part of these T&C.

9.1 Business Buyers

Business Buyers (non-consumers) have no legal right to cancel or return any order unless explicitly agreed or covered by the TryPharma Guarantee.

9.2 Custom Goods

Custom Goods are strictly non-cancellable and non-returnable once production or procurement has begun. This applies to all Buyers, including consumers.

9.3 Consumers – Right of Withdrawal for Stock Items

If you are a consumer within the meaning of Article 2(1) of Directive 2011/83/EU, and your national law implements the Directive accordingly, you may withdraw from the contract for Stock Items under the following conditions:

1. Notice Period: You must notify us of withdrawal within 14 calendar days from the day you, or a third party other than the carrier, received the goods (Article 9(1)).

2. Return Conditions:

   a. The goods must be unopened, unused, and in their original packaging.

   b. Return shipment is at your own expense.

   c. You are liable for diminished value if the product was handled beyond what is necessary to inspect it (Article 14(2)).

3. • Article 16(c): Goods made to the consumer’s specifications or clearly personalized.

   • Article 16(d): Goods liable to deteriorate or expire rapidly.

   • Article 16(e): Sealed goods not suitable for return due to health protection or hygiene reasons, if unsealed.

     Exemptions: You have no right of withdrawal where any exemption under Article 16 of Directive 2011/83/EU applies, including:

      

4. Custom Goods: All Custom Goods, as defined above, are excluded from withdrawal under Article 16(c).

5. Refund: If withdrawal is validly exercised, we will reimburse payments received (excluding delivery costs) within 14 days of receiving the returned goods or evidence thereof (Article 13(1)).

9.4 TryPharma Guarantee

Where the TRY30 promo code was applied during checkout, eligible Stock Items may be returned within 30 days under the terms specified in our Return Policy. This is a commercial guarantee, not a legal right.

10. Warranty

10.1 Goods are warranted to conform to the agreed specification for 12 months from delivery, if stored corretly.

10.2 Our sole obligations are repair, replacement or store credit, at our option.

11. Consumers

11.1 If you qualify as a consumer under EU Directive 2011/83/EU, you retain your statutory rights; nothing herein limits them.

11.2 Custom Goods are exempt from the 14-day withdrawal right under Article 16(c) of that Directive.

12. Liability

12.1 Our aggregate liability is limited to the invoice value of the goods concerned.

12.2 We are not liable for indirect or consequential losses.

12.3 None of the above limits liability for wilful misconduct or where exclusion is prohibited by law.

13. Data Protection

Personal data is processed according to our Privacy Notice (/pages/privacy-policy).

14. Governing Law & Jurisdiction

Dutch law applies. Exclusive venue: the competent courts of Arnhem, NL. The CISG is excluded.

15. Severability

If any clause is void, the remainder remains in force; the invalid clause will be replaced by one that best matches the original intent and is valid.

16. Updates

We may update these T&C from time to time. The version in force at the time of Order Confirmation (i.e., payment processing) governs that order.