TERMS AND CONDITIONS
Company Name: Hempture
Business address: 6a Abbey Street Upper, Dublin 1, Ireland.
Company registration number: 544554
VAT number: IE7474016W
Trade mark number: 255803
Telephone number: +35315545775
Email: [email protected]
Hempture reserve the right to refuse supply of products or website access without notice or explanation.
This website is operated by Hempture.ie. Throughout the site, the terms “we”, “us” and “our” refer to Hempture.ie. Hempture.ie offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and become a member of the Hempture Cannabis Party. In the future this will allow us to apply for registration as an official political party in Ireland that has the our members best interested at heart. You agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
DISCOUNT CODES: Discount codes can be stopped at anytime and may only apply to certain items. Discount codes are for regular customers only unless specified otherwise. Discount codes cannot be used off stockist products of franchise options. Discount codes may not work off products that are already discounted or have free items included. Discount codes only apply to certain items.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Please note we don’t ship to PO boxes and parcel motels etc.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We strictly forbid shipping of our CBD oil & other products out of the country of Ireland unless you have written permission from Hempture.ie. Discount codes, special offers can’t run in conjunction to each other. Special offers for regular customers are not applicable to stockists or distributors.
When offered Free shipping is in ROI only
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by Data protection acts in Ireland. You agree to allow us to send you sms alerts, emails & post with product updates, and notifications until the time you email us to cancel this service.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hempture.ie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Stockist, distributors and franchise holders are required to have insurance before they purchase our service or franchise licence. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hempture.ie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – BANK TRANSFER & CREDIT CARD PAYMENT CONDITIONS:
Due to increasing credit card and cheque payment fraud, we will ONLY accept these payments from the owner of the credit card or cheque account. We will always verify these payments against the registered address of the credit card and confirm all cheques are legal with the relevant bank before sending out any items. When you make a purchase your IP details are recorded for security reasons and we will use them on the event of credit card or PayPal chargeback. Credit card fraud is a serious offence. Any attempts to fraudulently obtain products from Hempture will result in prosecution to the full extent of the law.
IMPORTANT: Bank transfer payments are only accepted from the person making the order and not from 3rd party accounts. Payments received from a bank account not held in the person name that made the order will be returned within 21 working days minus a service charge of €35. If you have made an order and transferred payment from an account that is not in your name we will require government ID proof from the account holder before your order will ship.
SECTION 19 – SMS, EMAIL, POST AND ORDER NOTIFICATION
By signing up to this website or making an order you agree that we can send you SMS, Emails and details by post. You also agree that to stop these communactions that you will email us to request removal of your contact details, please email [email protected] or please contact us here.
SECTION 20 – NOT FOR RESALE AGREEMENT FOR PARTNER, i.e DISTRUBITOR, REP AND STOCKIST:
This Not For Resale (“NFR”) License Agreement (the “Agreement”) is a legal agreement between you (“You”), and Hempture.
VERY IMPORTANT: Hempture products and not permitted for resale unless you have been given permission in writing from Hempture – i.e been authorised as a stockist/rep. You agree to resale Hempture products in accordance with the manufacturer’s suggested retail price (MSRP), or (RRP) or (RSP) that will match the prices as listed on the website (www.Hempture.ie)
MINIMUM ORDER VALUE FOR DISTRIBUTORS, STOCKIST OR FRANCHISE HOLDERS IS 300EURO EXCLUDING SHIPPING.
Special offers or reductions/discounts on Hempture products must be authorised by Hempture in writing prior to advertisement of said offer.
Products are restricted from been placed on sale unless an agreement have been entered into by writing or email.
As a distributor/stockist you agree to stock our regular Hempture 10ml/300mg CBD extract as your anchor product. i.e always to keep it in stock.
IMPORTANT: 1 order per month is required to retain your stockist/franchise. or distributor status. Failure to make 1 order per month will result in your account been closed. ACCOUNTS ARE REVIEWED EVERY 3 MONTHS.
Distributor and stockist listings on our website are restricted to registered companies and businesses. By becoming a partner, distributor or stockists you grant us premission to list your registered business details and your company logo on our website, printed media, pos material and in any advertising we may produce until you give us notice to stop in writing with 30 days notice.
Authorised stockist of Hempture products can be verified by contacting us.
Hempture’s appointment of Distributor is an exclusive appointment to distribute all HEMPTURE, UHEMP, EIRLAB, LOUGH FARM EXTRACTS & CBD Nutrition Ireland Products ONLY in the Territory. Supplier shall not independently advertise, solicit and make sales of OTHER Products alongside these brands. Distributor will not support or sell other Products or appoint additional distributors for Supplier Products in the Territory without prior agreement.
NOTE: Franchise setup will take 2-5 weeks from time agreements are signed. Franchise payments are non-refundable. Franchise holders will require public liability insurance to operate legally if operating at public locations. Any infractions will be considered a breach of contact and the franchise licence will be cancelled and franchise holders will be billed for merchandise.
DISCOUNT CODES ARE NOT TO BE USED BY STOCKIST, IF A CODE IS APPLIED THIS DISCOUNT WILL BE CANCELLED AND THE ORDER REFUNDED UNLESS THE BALANCE IS PAID OR WE CAN REFUND THE DIFFERENCE.
SOCIAL MEDIA: YOU CANNOT USE TRADEMARKED LOGOS OR COMPANY LOGOS OR IMAGES AS PROFILE IMAGES, BANNERS, HEADERS ON ANY SOCIAL MEDIA SITES UNLESS WE GIVE WRITTEN PERMISSION ON HEADER PAPER OR BY INDIVIDUAL SPECIFIC EMAIL, FAILURE TO COMPLY WITH THIS CONDITION WILL RESULT IN IMMEDIATE SUSPENSION OF ACCOUNT. WE ALSO RESERVE THE RIGHT TO ISSUE LEGAL PROCEEDINGS FOR USE OF COPYRIGHT MATERIAL.
YOU ACKNOWLEDGE AND AGREE THAT THE NFR PRODUCT IS FOR MARKETING AND NOT-FOR- RESALE PURPOSES ONLY AND IS PROVIDED “AS IS.” HEMPTURE AND ITS SUPPLIERS MAKE NO WARRANTIES IN CONNECTION WITH THE NFR PRODUCT, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. HEMPTURE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
If You do not agree to the terms and conditions of this Agreement, You must promptly return the NFR Product and any accompanying items (including printed materials and binders or other containers). Your standard terms and conditions of sale, purchase order or other documents are for your convenience only and any terms set forth therein that are inconsistent with, vary from, or add to the terms and conditions set forth in this Agreement shall not be binding on Hempture unless agreed to in writing by Hempture and are hereby rejected.
Hempture hereby grants You a nonexclusive, non-transferable and non- sublicensable, revocable license, for as long as You have a valid reseller or distributor agreement in place with Hempture (the “License Term”), to use the NFR Products solely to demonstrate and market Products to End Users and prospective End Users of Products. For purposes of clarification, you may not use the NFR Products for any other purpose, including without limitation to sell or lend the NFR Products to any End User or any other third party, except Hempture distributors may sell the NFR Products to distributor’s resellers for the purposes hereunder and so long as distributor binds such resellers to this Agreement.
Please note: In all cases a Franchise agreement cancellation that require a refund before or after documentation is completed will incur a 15% fee which is deducted from the refund balance. Franchise agreements are purchased on a no refund basis.
Please Note: All products purchase under our distributor or stockist agreements that are accepted for return will incur and 15% restocking fee.
SECTION 21 – RETURNS & MISSING ITEMS
We are proud of the quality of our products and as such, if you find that your products arrive with you in an unsatisfactory condition simply email us within 48 hours of receiving your package and we will find a suitable solution. All items that qualify for return must be returned within 14 days from the day you receive your order. You can find more details in our FAQ.
TO PROCESS A CLAIM FOR MISSNG ITEM/S FROM A POTENTIALLY ‘TAMPERED WITH’ PACKAGE: The customer is required to contact DPD within 48 hours to open a claim and request a claim number. When you have your claim number please get in touch with us via [email protected]
You can contact DPD on Tel: 090 6420500
DATA PROTECTION AND SUPPLY OF INFORMATION – NDA AGREEMENT
Appropriate security measures and legal action shall be taken against unauthorised access to, or unauthorised alteration, disclosure or destruction of, the data, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing” – Data protection section 2(1)(d) of the Act. HEMPTURE DATA OR DOCUMENTATION SHOULD NOT BE SUPPLIED TO ANY PERSONS WITHOUT A COURT ORDER.
SECTION 23 – HEMPTURE SHARES
You the Purchaser acknowledges receipt of, and understands and agrees to, this Restricted Stock Purchase Agreement, including the terms and conditions set forth in Exhibit A attached to this Agreement, which are incorporated by reference within this AGREEMENT DOCUMENT VIEWED HERE
Hempture shares are only available to Republic of Ireland residents. Share certs are shipped to ROI address only.
Identification of purchaser must be provided when requested.
Share certs are issued to one person per order.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.