Terms and Conditions for CANNAXtrade Platform Buyers
- Introduction and Acceptance of Terms
Welcome to the CANNAXtrade platform. These Terms and Conditions ("Terms") constitute an agreement ("Agreement") that governs your use of our platform, including any purchases made through it. By accessing or using the platform, you agree to comply with these Terms, effective upon acceptance during the sign-up process. Effective Date: The date on which a confirmation of agreement is made in written.
- Definitions
- Buyer: Any legal company purchasing products through the CANNAXtrade platform.
- Supplier: SSIE ApS (d/b/a CANNAXtrade) and any affiliated vendors providing products on the platform.
- Products: Cannabis and its derivatives, including but not limited to raw materials, processed materials, prepackaged items, and white-label products.
- Platform: The CANNAXtrade B2B wholesale marketplace.
- End-Customer: The final recipient of the products, purchasing from the Buyer's sales channels.
- COA (Certificate of Analysis): Lab reports from a reputable, third-party certified laboratory that is agreed upon by both parties, specializing in cannabis testing. COAs detail the analysis of pesticides, heavy metals, and cannabinoids regulated by law. Buyers hold the right to request such testing, with the costs for pesticides and heavy metals testing borne by the Buyer.
- Eligibility and Registration
- Legal Company: The Buyer must be incorporated and recognized as a legal entity in the state or country of registration and must be an active, non-defunct company. If the company is based in the EU, it must be VAT registered.
- Representative: The Buyer must have at least one legal adult representative, aged 21 years or older, registered to make purchases. More representatives can be registered, provided all are of legal age and at least 21 years old.
- Primary Shipping Location: The Buyer must provide a primary shipping location.
- Verification: All information provided to CANNAXtrade must be verifiable and documented at any time.
- KYC Checks: KYC (Know Your Customer) vetting includes verification of registered buyers, directors, and owners holding over 10% stake in the company. KYC checks or updates can be requested at any time.
- Re-registration: Buyers who have not made purchases for a period of 3 months may be required to re-register. This period is subject to change without notice.
- Product Information and Specifications
All products offered on the platform include detailed descriptions and third-party lab reports (COAs) ensuring compliance with relevant legal standards. Buyers are responsible for ensuring that products meet their specific needs and comply with their local laws.
- Ordering and Fulfillment
- Order Placement: Orders are placed through the platform.
- Order Confirmation: Buyers receive confirmation upon order acceptance.
- Fulfillment: Includes secure packaging and adherence to delivery timelines. Buyers are responsible for all shipment and payment fees, subject to change without notice.
- Pricing and Payment Terms
- Pricing: Listed on the platform.
- Invoicing: Invoices must be paid before orders are handles and shipped.
- Payment Methods: Payments can be made via bank transfer or credit card. Other payment methods may be available depending on the region and products sold. Some products may only be available for purchase via bank transfer. CANNAXtrade reserves the right to remove credit card and alternative payment options without notice. Fees apply to payments, and all fees are held by the Buyer.
- Bank Account Details: The actual bank account number and banking details for payments will always be noted on the invoice. These details may change without notice, and different invoices may have different bank details.
- Complete Payment: Payment is considered complete when the full amount specified on the invoice is available in our bank account or cleared by the payment service provider. As per standard, we only ship when payment is cleared unless otherwise stated in writing.
- Additional Payment Costs: If Buyers choose to use other available payment methods, CANNAXtrade reserves the right to pass all associated costs onto the Buyer.
- Returns and Refunds
Products are non-returnable unless agreed upon in writing.
- Compliance with Laws
Buyers must comply with all local, regional, and international laws regarding the purchase, storage, and shipment of cannabis products. CANNAXtrade provides regulatory compliance documentation upon request but is not responsible for the Buyer's legal compliance. Buyers hold full responsibility for any seizures by authorities when crossing borders to the country specified by the Buyer.
- Confidentiality and Data Protection
CANNAXtrade handles personal and business data in compliance with GDPR and other relevant data protection laws. Both parties agree to maintain confidentiality 18 months beyond the termination of the contract. CANNAXtrade will store all data from the partnership as required by Danish law, including orders, communications, correspondences, and other relevant documentation.
- Intellectual Property
All rights related to branding, trademarks, product names, and other intellectual property remain with CANNAXtrade and its suppliers. Buyers may not use these properties without explicit written permission. Buyers are not allowed to reproduce descriptions nor brands or product names to any other party without written consent.
- Liability and Indemnification
- Limitation of Liability: CANNAXtrade and its suppliers are not liable for any indirect, incidental, or consequential damages arising from the use of the platform or products.
- Indemnification: Buyers agree to indemnify and hold harmless CANNAXtrade and its suppliers from any third-party claims related to product use, quality, and compliance.
- Regulatory Actions: CANNAXtrade shall not be held liable for any actions taken by regulatory authorities, including but not limited to the seizure or destruction of products, due to the Buyer's failure to comply with legal and regulatory standards. The Buyer acknowledges that CANNAXtrade relies on the Buyer's compliance and that any breach of this responsibility may result in significant legal and financial repercussions for which the Buyer shall be solely liable.
- Stock Availability: CANNAXtrade shall not be held liable for any losses or damages resulting from the unavailability of stock, inaccuracies in stock listings, or the inability to fulfill orders due to stock being sold out.
- Insurance
Buyers must maintain adequate insurance coverage for product liability and other risks. CANNAXtrade may require proof of insurance.
- Termination
The agreement can be terminated under the following conditions:
- Breach of Contract: CANNAXtrade may terminate the agreement if the other party breaches any material terms and fails to remedy such breach within thirty (30) days of receiving written notice.
- Insolvency: CANNAXtrade may terminate the agreement if the Buyer becomes insolvent, files for bankruptcy, or undergoes similar proceedings.
- Mutual Agreement: Both parties may mutually agree to terminate the agreement in writing.
- Non-Payment: CANNAXtrade may terminate the agreement if the Buyer fails to meet payment obligations.
- Reputational Harm: CANNAXtrade reserves the right to terminate if the Buyer's actions harm the Supplier's reputation or jeopardize the integrity of CANNAXtrade.
- Change of Ownership: CANNAXtrade may terminate the agreement if the Buyer's company is sold, either in whole or in part, to a third party.
Termination of this Agreement will result in the Buyer no longer being able to make purchases on the platform.
- Complaints and Claims
- 14.1 Notification: The Buyer must notify CANNAXtrade of any complaints or claims in writing within the time limits specified in NSAB 20151. Notices should be sent to CANNAXtrade's designated email address. It is the Buyer's responsibility to handle complaints and claims and communicate relevant details to CANNAXtrade for resolution.
- 14.2 Timeliness: In addition to adhering to the complaint deadlines specified in NSAB 2015, the Buyer agrees to notify CANNAXtrade in writing immediately after discovering any damage, and no later than 10 days after receipt of the goods. Failure to notify CANNAXtrade within this period will result in the forfeiture of any claims against CANNAXtrade.
- 14.3 Condition Presumption: If goods are received without any reservations by the Buyer, the goods are presumed to have been delivered in good condition. The Buyer must ensure that any reservations or damages are documented and communicated to CANNAXtrade as per the notification requirements.
- 14.4 Inspection: To process a compensation claim, the Buyer must make the contents and the original shipping packaging available for inspection by CANNAXtrade or its designated partners. The Buyer should retain this material until the condition of the goods has been verified by CANNAXtrade.
- 14.5 Handling Time: CANNAXtrade will handle complaints and claims in coordination with its partners and will adhere to the time frames established in its agreement with said partners. CANNAXtrade will inform the Buyer of the estimated time required to process the complaint or claim upon receipt of the notification.
- 14.6 Return Shipments: CANNAXtrade will be notified upon receipt of return shipments. These returns will be placed in stock and updated in CANNAXtrade's back-end system within 3 days, making them resellable. The Buyer is responsible for managing the process of returns and ensuring that CANNAXtrade is informed of any returns.
- 14.7 Packaging Errors and Wrong Shipments: In the event of picking errors or incorrect shipments, CANNAXtrade will pick and send a new order at no additional cost. The Buyer is responsible for coordinating the return of the incorrect goods to the warehouse. CANNAXtrade will cover the cost of return shipping.
- 14.8 Seasonal and Campaign Fluctuations: During campaigns, seasonal fluctuations, or other holidays (e.g., Black Friday), longer delivery times for picking and packing, as well as delivery of packages by different carriers, should be expected. In case of fluctuations of +/- 20% of the estimated expectations, the Buyer must inform CANNAXtrade accordingly.
- 14.9 Applicability of NSAB 2015: As our primary fulfillment partners are members of the Nordic Association of Freight Forwarders and operate in accordance with the NSAB 2015 general practices, terms, and conditions, these terms are also applicable to our operations. The Buyer acknowledges and accepts that the NSAB 2015 terms and conditions form part of the operating framework governing our services, including limitations on liability and dispute resolution mechanisms.
- Force Majeure
CANNAXtrade is not liable for delays or failures due to unforeseen events such as natural disasters, strikes, or regulatory actions. Obligations may be suspended during such events.
- Amendments
CANNAXtrade may amend these Terms at any time. Buyers will be notified of changes via the platform. Continued use of the platform constitutes acceptance of the new terms.
- Miscellaneous Provisions
- Entire Agreement: These Terms constitute the entire agreement between the parties.
- Notices: Notices and communications will be conducted via email or other specified methods.
- Assignment: Buyers may not transfer their rights or obligations without written consent from CANNAXtrade.
- Audit Rights
CANNAXtrade reserves the right to audit the Buyer’s compliance with these Terms, including access to relevant records and documentation.
- Prohibited Uses
Buyers may not use the platform for unauthorized resale or illegal activities.
- Security Measures
Buyers must maintain the security of their accounts and report any breaches immediately.
- Sustainability and Ethical Sourcing
Buyers are encouraged to follow sustainable and ethical sourcing practices in line with platform values.
- Age and Jurisdictional Compliance
- Age Verification: Buyers must ensure that all representatives making purchases are over 21 years of age. Only individuals of legal age as defined by the jurisdiction are permitted to engage in transactions involving cannabis.
- Jurisdictional Restrictions: It is the Buyer’s responsibility to ensure that the purchase, possession, and resale of cannabis products comply with all local, state, and national laws.
- Product Use and Responsibility
- Product Responsibility: Buyers are fully responsible for what they do with the products purchased. CANNAXtrade cannot be held liable for any misuse, resale, or legal issues arising from the handling, distribution, or consumption of the products.
- Quality Assurance
- Product Quality: CANNAXtrade ensures that products meet specified quality standards at the point of sale. However, Buyers must verify the quality upon receipt.
- Storage Conditions: Buyers are responsible for maintaining appropriate storage conditions to preserve product quality after delivery.
- Recall Procedures
- Product Recalls: In the event of a product recall, Buyers must comply with recall procedures as outlined by CANNAXtrade and relevant regulatory authorities.
- Export and Import Compliance
- Export Regulations: Buyers must comply with all applicable export regulations and obtain necessary export licenses if required.
- Import Regulations: Buyers must ensure compliance with import regulations and secure all required import permits in their jurisdiction.
- Environmental and Social Responsibility
- Environmental Impact: Buyers are encouraged to consider the environmental impact of their business practices, including the packaging and disposal of cannabis products.
- Social Responsibility: Buyers are encouraged to support social responsibility initiatives related to the cannabis industry.
- Transparency and Reporting
- Reporting Obligations: Buyers must maintain accurate records of all transactions and provide necessary reports to regulatory authorities as required by law.
- Transparency: Buyers must disclose any significant information that may impact the compliance or legality of their operations.
- Marketing and Advertising
- Compliance with Advertising Laws: Buyers must ensure that all marketing and advertising of cannabis products comply with local, state, and national advertising laws and regulations. This includes restrictions on advertising to minors, health claims, and locations where cannabis advertising is prohibited.
- Prohibited Claims: Buyers must not make false or misleading claims about the products. Any health-related claims must be supported by scientific evidence and comply with regulatory standards. Marketing materials must not suggest that cannabis products can cure, treat, or prevent any disease without appropriate regulatory approval.
- Labeling Requirements: All cannabis products must be labeled in compliance with local laws, including clear information about THC and CBD content, ingredients, and potential health risks.
- Customer Support and Dispute Resolution
- Customer Support: CANNAXtrade will provide customer support to assist with any issues related to the use of the platform.
- Dispute Resolution Process: Detailed steps for resolving disputes between Buyers and CANNAXtrade, including escalation procedures and timelines.
- Product Legality
CANNAXtrade ensures that the product being sold is always legal in the country from which it is shipped. However, we are not liable for damages or legal repercussions as a result of the product not meeting local standards in regards to legality. The Buyer is responsible for ensuring that the products comply with the local laws of the destination country. CANNAXtrade reserves the right to ship products to other countries that are part of the Schengen Agreement.
- THCA Products Waiver
The Buyer acknowledges that the products provided by the Supplier are THCA-infused or coated cannabis flowers and hash. THCA is a legal compound and a precursor to Delta-9 THC, which is regulated. The products provided by the Supplier have Delta-9 THC levels below 0.2%, in compliance with the maximum allowable limit in the country of production. However, the product may change state and decarboxylate to become Delta-9 THC, potentially resulting in Delta-9 THC levels that exceed legal limits. The Supplier is not responsible for any changes to the product after it has been delivered to the end-customer, including but not limited to changes caused by temperature, humidity, or other environmental factors. Additionally, the Supplier cannot be held responsible for any changes in the product made during transit to the Buyer's shipping destination, including but not limited to seizures by authorities or other legal interventions. This waiver must be included in all product documentation and acknowledged by the Buyer.
- Product Descriptions
At CANNAXtrade, we use a combination of quantifiable data and subjective criteria to describe our products. These descriptions are based on industry experience, best practices, and our commitment to providing high-quality cannabis products. While some aspects of our product descriptions can be scientifically measured, others are subjective and based on expert evaluation. These descriptions include, but are not limited to, the following:
- Smell (Aroma): Evaluated for intensity and characteristic descriptors such as citrus, earthy, pine, and other typical cannabis aromas.
- Viscosity (for extracts): Assessed for consistency and flow characteristics, which can impact the ease of use and application.
- Malleability (for hash and extracts): Analyzed for texture and handling properties, affecting how the product can be shaped or used.
- Burn Characteristics: Examined for evenness of burn and ash color, which can indicate the quality of the product and its processing.
- Melt Characteristics (for concentrates): Observed for behavior under heat and appearance during melting, which can affect the consumption experience.
- Crumble Quality (for hash and certain concentrates): Evaluated for granularity and stability, impacting how the product can be broken down and used.
- Terpene Profiles: Measured for composition and aroma/flavor correlation, providing information on the sensory experience of the product.
- Color: Inspected for visual appearance and clarity, which can be indicative of product quality and processing methods.
- Cannabinoid Content: Quantified for THC, CBD, and other cannabinoid levels, providing objective data on the potency of the product.
- Terpene Content: Measured for concentration and profile, offering insights into the aroma and potential effects of the product.
- Moisture Content: Ensured to be at optimal levels for preservation and quality maintenance.
Please note that while we strive to provide accurate and helpful descriptions, some characteristics are inherently subjective and may vary based on individual experience and interpretation. Our goal is to give Buyers a comprehensive understanding of our products, combining both objective measurements and expert assessments to guide purchasing decisions.
- Assignment and Transfer
The Supplier reserves the right to assign or transfer this Agreement, in whole or in part, including all rights and obligations hereunder, to any third party, including in the event of a sale, merger, or other transfer of ownership of the Supplier’s business. Such assignment or transfer shall not be deemed a breach of this Agreement. The Supplier will provide written notice to the Buyer of any such assignment or transfer at least 30 days prior to the effective date of the transfer. Upon such assignment or transfer, the assignee or transferee shall assume all rights and obligations of the Supplier under this Agreement, and the Supplier shall be released from any further liability or obligation under this Agreement. The Buyer hereby consents to such assignment or transfer and agrees to continue performing its obligations under this Agreement in favor of the assignee or transferee.
By using the CANNAXtrade platform, you acknowledge that CANNAXtrade is not responsible for the actions, omissions, or representations made by Buyers or any third parties after the purchase of products. The Buyer assumes full responsibility for the handling, resale, and use of the products purchased through the platform.
1 General Conditions of the Nordic Association of Freight Forwarders 2015. Available here https://docs.dsv.com/countries/denmark/nsab-2015-uk-version/?page=1