TERMS AND CONDITIONS CUSTOMHEADSHOP

Article 1: Definitions

1.1. In these Terms and Conditions, the following terms are used in the following meanings, unless otherwise indicated
1.2. CustomHeadshop is a trade name of JD Distribution.
1.3. The buyer: The natural person (18+) who is not acting in the course of a profession or business and enters into an agreement with the seller (CustomHeadshop).
1.4. Seller (CustomHeadshop): The provider of products including custom made Rolling Paper, Filter Tips, Rolling Trays, Promotional and Ashtrays.
1.5. Offer: Any written offer to the buyer for the supply of Products by the Seller.
1.6. Agreement: The (purchase) agreement that pertains to the sale and delivery of products that have been purchased by the buyer from CustomHeadshop.
1.7. Website: www.customheadshop.com

Article 2: Applicability

2.1. These Terms and Conditions apply to every offer and price quotation made by CustomHeadshop, as well as to every agreement between CustomHeadshop and the buyer, and to all products offered by CustomHeadshop.
2.2. Before entering into an agreement (online), the buyer will have access to these Terms and Conditions. If it is not possible to provide the buyer with immediate access to these Terms and Conditions, CustomHeadshop will indicate to the buyer how they can view the Terms and Conditions, which are published on the CustomHeadshop website, so that the buyer can read and save the Terms and Conditions on their operating system.
2.3. If specific product and/or service conditions are applicable in addition to these Terms and Conditions, the buyer may always rely on the applicable provision that is most favorable to them in case of conflicting conditions.
2.4. These Terms and Conditions also apply to supplementary, amended, and subsequent agreements with the buyer.
2.5. If one or more provisions of these Terms and Conditions are partially or entirely invalidated or declared invalid, the remaining provisions of these Terms and Conditions shall remain in effect, and the invalidated provision shall be replaced by a provision with the same intent as the original provision.
2.6. Ambiguities regarding the interpretation of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 3: Offer

3.1. All offers presented by CustomHeadshop are non-binding, unless explicitly stated otherwise in writing. If an offer from CustomHeadshop is restricted or contingent upon specific conditions, such limitations will be clearly articulated in the offer. A quotation is considered valid only when formally documented.
3.2. CustomHeadshop is committed to an offer only upon receiving written confirmation from the buyer. Nevertheless, CustomHeadshop reserves the right to decline an agreement with a potential buyer for valid reasons.
3.3. The offer includes a comprehensive and accurate description of the product offered, along with corresponding prices. The description is sufficiently detailed to enable the buyer to make an informed evaluation. Errors or inaccuracies in the offer do not bind CustomHeadshop. Images, descriptions, and specific data in the offer are indicative and do not warrant compensation or termination of the agreement. CustomHeadshop cannot guarantee an exact match between the images, colors, or packaging in the offer and the delivered product.
3.4. Delivery times specified in CustomHeadshop’s offer are approximate and do not grant the buyer the right to terminate or seek compensation in case of exceedance, unless explicitly agreed otherwise.
3.5. A composite quotation does not obligate CustomHeadshop to deliver a portion of the items included in the offer for a proportionate part of the stated price.
3.6. Offers are not applicable to reorders and are valid only while stocks last, unless otherwise agreed upon by CustomHeadshop.
3.7. CustomHeadshop retains the right to cancel or reject orders without providing reasons. Such refusal or cancellation does not entitle the buyer to compensation or any other form of redress for the declined order.

Article 4: Realization of the Agreement

4.1. The agreement becomes effective the moment the buyer accepts an offer from CustomHeadshop.
4.2. Offers from CustomHeadshop can be made through telephone, email, and/or the webshop.
4.3. If the buyer accepts the offer by finalizing an agreement with CustomHeadshop or by directly making payment for the products, CustomHeadshop will confirm the commitment to the buyer in writing via email.
4.4. Deviations in the buyer’s acceptance from the offer included in the quotation and/or invoice regarding specific points do not bind CustomHeadshop. The buyer is required to fulfill the entire quotation and/or invoice unless a different agreement is evidenced in writing.
4.5. CustomHeadshop is not obligated to an offer if the buyer could reasonably have anticipated or should have understood that the offer contained an obvious mistake. No rights can be derived by CustomHeadshop from such a mistake or clerical error.
4.6. Within legal limits, CustomHeadshop may verify whether the buyer is capable of meeting payment obligations and whether it is reasonable to enter into the agreement (remotely). If valid reasons arise from this verification not to proceed with the agreement, CustomHeadshop is authorized to refuse an order.
4.7. The buyer has the right to terminate the agreement free of charge within 14 days, starting from the day after receiving the product. If CustomHeadshop has incurred costs to fulfill the obligation, the buyer is obliged to cover these costs, including applicable shipping costs.
4.8. To exercise the right of withdrawal, the buyer must notify CustomHeadshop of the withdrawal within 14 days after receiving the product.

Article 5: Execution of the Agreement

5.1. CustomHeadshop will implement the agreement to the best of its ability, adhering to the standards of good craftsmanship.
5.2. If the effective execution of the agreement necessitates it, CustomHeadshop reserves the right to delegate certain activities to third parties at its discretion.
5.3. The buyer is responsible for providing all data that CustomHeadshop deems necessary or that the buyer should reasonably understand is essential for the proper execution of the agreement, in a timely manner. Failure to timely provide the required data grants CustomHeadshop the right to delay the agreement’s execution and/or charge the additional costs resulting from the delay to the buyer, in accordance with the applicable rates.
5.4. CustomHeadshop is not liable for damages arising from the assumption of incorrect and/or incomplete data provided by the buyer, unless CustomHeadshop was aware of this inaccuracy.
5.5. The buyer indemnifies CustomHeadshop against any claims from third parties who suffer damages in connection with the execution of the agreement and for which the buyer is responsible.

Article 6: Delivery

6.1. Delivery primarily occurs from the CustomHeadshop warehouse, where the ordered goods are stored. When specifying delivery times, CustomHeadshop assumes that there are no circumstances causing delays. If there is a deviation from the specified delivery times, the buyer will be promptly notified. All provided delivery times are indicative and are not considered strict deadlines.
6.2. Delays in the start, progress, or delivery of products due to factors such as the buyer not providing necessary information on time, inadequate cooperation, delayed or non-receipt of (down) payment by CustomHeadshop, or other circumstances within the responsibility and risk of the buyer, entitle CustomHeadshop to a reasonable extension of the delivery period. Agreed delivery times are not strict deadlines, and exceeding them does not grant the buyer the right to compensation. In case of a default, the buyer must inform CustomHeadshop in writing and grant an appropriate period for successful delivery.
6.3. The buyer is obligated to take possession of the goods at the agreed-upon time according to the agreement.
6.4. If the buyer refuses delivery or fails to receive the goods for any reason, or is late in providing necessary information or instructions for delivery, CustomHeadshop reserves the right to store the goods for a maximum of one month at the buyer’s expense and risk. Administrative costs may be charged in such cases. The buyer is required to insure the goods until shipment or delivery can occur. After one month, delivery will be attempted again, either in consultation with the buyer or not.
6.5. If SmokingHotXL or an external carrier delivers the goods, any delivery costs, unless otherwise agreed in writing, will be charged separately and invoiced. The buyer is responsible for these delivery costs.
6.6. Delivery is made up to the front door of the buyer, unless otherwise specified. If delivery and placement within the buyer’s premises are agreed, this is entirely at the risk of the buyer, irrespective of the agreed method for calculating delivery costs.
6.7. If SmokingHotXL requires data from the buyer for the agreement’s execution, the delivery period starts after the buyer provides this data to CustomHeadshop.
6.8. CustomHeadshop has the right to deliver ordered goods in installments, with costs borne by the buyer.
6.9. SmokingHotXL is permitted to deliver goods in parts unless otherwise specified in the agreement or if partial delivery holds no independent value. SmokingHotXL can invoice separately for each delivered portion.
6.10. If delivery of a product proves impossible, CustomHeadshop will make every effort to offer a suitable replacement product. The buyer will be clearly and comprehensibly informed about the substitution. Any return costs for replacement products are the responsibility of the buyer.
6.11. CustomHeadshop reserves the right to refuse delivery if there is a well-founded fear or reason for non-payment.

Article 7: Packaging and Transport

7.1. CustomHeadshop commits to appropriately packing the goods for delivery, ensuring their security and/or sealing to maintain product integrity during standard use and transport.
7.2. Unless otherwise specified in writing, all deliveries, inclusive of value-added tax (VAT), along with packaging and packaging materials, originate from the warehouse.
7.3. Receipt of goods without remarks on the receipt serves as confirmation that the packaging was in good condition at the time of delivery.
7.4. Each buyer is presumed to possess the necessary import and/or payment permits, if applicable. The absence of these permits does not excuse the buyer from the obligation to accept delivery in the agreed-upon manner. If the goods are not sold by CustomHeadshop with clearance, the buyer retains the right to cancel the order/purchase. Similarly, any modification to quality requirements and/or objections raised by third parties concerning the goods based on trademarks, patents, and other rights does not negate the buyer’s right to cancel the order.

Article 8: Complaints & Inspection

8.1. The buyer is required to inspect the delivered goods at the time of delivery, and in any case, within 7 days after receiving them. However, the buyer may only unpack or use the goods to the extent necessary to assess whether they wish to keep the product. During this examination, the buyer must ensure that the quantity and quality of the delivered goods align with the agreement and meet the applicable requirements.
8.2. The buyer is obligated to understand how the product should be used, personally test and use it in accordance with the instructions, and assess any medical risks associated with the product. CustomHeadshop disclaims any liability arising from the buyer’s improper use of the product.
8.3. The buyer must verify whether the shipment of the product complies with all laws and regulations of the country of receipt. The buyer is responsible for adhering to local laws and regulations, customs rules, and the associated costs.
8.4. Visible deficiencies or shortages must be reported in writing to CustomHeadshop within 7 working days of delivery at support@customheadshop.com. Failure to report such defects within this period results in the lapse of the right to complain about visible defects. If product damage occurs due to improper handling by the buyer, the buyer is accountable for any depreciation of the product.
8.5. Invisible deficiencies, defects not discovered during a thorough inspection, and could not have been discovered, must be reported to CustomHeadshop in writing at support@customheadshop.com upon discovery. Failing to promptly report such complaints leads to the lapse of the buyer’s right to complain about these defects.
8.6. If the buyer exercises their right to complain, they must return the product and all accessories, as far as possible, in its original condition and packaging to CustomHeadshop, accompanied by relevant supporting evidence. This allows CustomHeadshop’s representative to promptly assess the submitted complaints.
8.7. Complaints cannot be made regarding goods already sold by the buyer.
8.8. Complaints about products excluded from revocation for hygiene and shelf life reasons are not valid, provided these products are in their sealed and original packaging and remain unused.
8.9. The buyer has no right to complain about minor allowable deviations.
8.10. Complaints or claims about a part of the delivered goods do not justify the rejection of the entire delivery.
8.11. The buyer may not return delivered goods without recognized complaints by CustomHeadshop and prior written permission. Returns can be sent to the official address of the establishment, with shipping costs borne by the buyer.
8.12. If a crediting of the purchase amount by CustomHeadshop is required, it will be processed as soon as possible, with payment made within 30 days of receiving the return shipment. Crediting will be done to the purchasing account number.

Article 9: Prices

9.1. Throughout the offer’s validity period, CustomHeadshop will not increase the prices of the offered products, except in the event of changes in VAT rates.
9.2. Prices specified in the offer include VAT, government levies, packaging costs, and administrative costs. However, shipping, transportation, and customs clearance costs are not included unless expressly stated otherwise.
9.3. If, after the agreement is concluded but before the agreed delivery date, there are changes in the prices of auxiliary materials, raw materials, parts, wages, or other factors determining prices, CustomHeadshop reserves the right to adjust the purchase price. However, this adjustment can only occur after three months have passed since the agreement’s conclusion. This provision doesn’t affect CustomHeadshop’s authority to pass on price increases in compliance with legal regulations and adjust the offer price accordingly at any time.
9.4. Price increases resulting from additions and/or changes to the agreement are the responsibility of the buyer.
9.5. CustomHeadshop issues a detailed invoice to the buyer regarding the agreement after the order is placed or the specified order is confirmed.
9.6. All prices provided by CustomHeadshop are subject to printing and typesetting errors. The buyer cannot derive any rights or expectations from potential consequences of these errors. CustomHeadshop is not obligated to deliver according to the incorrect price.

Article 10: Collection Policy & Payment

10.1. Payment is required in advance, unless a payment upon delivery arrangement has been established, using the method specified by CustomHeadshop in the currency stated on the invoice. Objections to the invoice amount do not suspend the payment obligation.
10.2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have explicitly agreed otherwise.
10.3. The buyer must make a one-time payment of these costs to the account number and details provided by CustomHeadshop. Unless under special circumstances, the buyer can only negotiate a further payment period or opt for cash payment after explicit and written approval from CustomHeadshop. The use of the option for (cash) payment via shipment is at the buyer’s expense and risk. CustomHeadshop is not liable for any insecure receipt of the full amount.
10.4. In the event of liquidation, bankruptcy, seizure, or the buyer’s suspension of payment, CustomHeadshop’s claims against the buyer become immediately due and payable.
10.5. CustomHeadshop has the right to apply the buyer’s payments first to reduce costs, then to reduce outstanding interest, and finally to reduce the principal amount and the current interest. CustomHeadshop can reject a payment offer without defaulting if the buyer designates a different order for allocation. Full repayment of the principal amount can be refused by CustomHeadshop if outstanding and current interest and costs are not paid in the same manner.
10.6. If the buyer fails to fulfill the payment obligation and does not meet the 14-day payment term, the buyer is in default.
10.7. From the date of default, CustomHeadshop will claim statutory (commercial) interest from the first day without further notice and seek compensation for extrajudicial costs in line with Article 6:96 of the Dutch Civil Code. This compensation is calculated according to the scale from the Decree on Compensation for Extrajudicial Collection Costs of 1 July 2012.
10.8. If CustomHeadshop incurs additional or higher costs essential for the payment of the agreement, the buyer is liable to reimburse these costs. Legal and enforcement costs incurred are also at the expense of the buyer.

Article 11: Retention of Title

11.1. All goods delivered by CustomHeadshop remain the property of CustomHeadshop until the buyer fulfills all obligations arising from all agreements concluded with CustomHeadshop.
11.2. The buyer is not authorized to resell or impede in any other way the goods falling under retention of title.
11.3. If third parties seize the goods delivered under retention of title or seek to establish or assert rights over them, the buyer must promptly inform CustomHeadshop.
11.4. The buyer is required to insure and keep insured the goods delivered under retention of title against fire, explosion, water damage, as well as theft. The insurance policy of this coverage must be made available for inspection upon the first request.
11.5. Goods delivered by CustomHeadshop, falling under retention of title based on the first paragraph of this provision, may only be resold within the normal course of business and may never be used as a means of payment.
11.6. In the event CustomHeadshop wishes to exercise its property rights outlined in this article, the buyer unconditionally and irrevocably grants approval to CustomHeadshop or designated third parties to enter all locations where CustomHeadshop’s possessions are located and to promptly retrieve those goods without any authorization or consent from the buyer or any judicial authority.
11.7. CustomHeadshop has the right to withhold the purchased product(s) if the buyer cannot (fully) meet payment obligations, regardless of any obligation to deliver or release from CustomHeadshop. This also applies in the event of the buyer’s bankruptcy. After the buyer fulfills its obligations, CustomHeadshop will deliver the purchased products as soon as possible, but no later than within 14 working days.
11.8. Costs and any damages resulting from the retention of the purchased products are the responsibility and risk of the buyer, and the buyer must reimburse CustomHeadshop upon the first request.

Article 12: Warranty

12.1. CustomHeadshop exclusively offers products that are not listed on List I & II of the Opium Act.
12.2. CustomHeadshop takes all reasonable measures to ensure the quality and integrity of its products but does not guarantee the absence of defects in the delivered goods.
12.3. Any warranties provided apply to those offered by the producer or manufacturer.
12.4. Information provided by CustomHeadshop through its website or by employees via phone, email, or any other means of communication is for informational purposes only and should not be considered as medical advice.
12.5. CustomHeadshop is not liable for the suitability of products for any specific application by the buyer or for (advice on) the use or application of the products by the buyer.
12.6. Any missing or incorrectly delivered products must be reported in writing to CustomHeadshop within 14 days after delivery. Returning custom-made products is not possible.

Article 13: Termination and Dissolution

13.1. CustomHeadshop is authorized to suspend the fulfillment of obligations or terminate the agreement if the buyer fails to fully comply with the (payment) obligations under the agreement.
13.2. Additionally, CustomHeadshop has the authority to dissolve existing agreement(s) with the buyer, to the extent not yet fulfilled, without judicial intervention. This is applicable if the buyer fails to meet obligations arising from any agreement with CustomHeadshop in a timely or proper manner, as well as in the event of the buyer’s bankruptcy.
13.3. Furthermore, CustomHeadshop may terminate the agreement without prior notice if circumstances arise making compliance impossible or no longer reasonable according to standards of reasonableness and fairness. This also applies if circumstances arise making unaltered maintenance of the agreement no longer reasonably expected.
13.4. In case of suspicion that CustomHeadshop is supplying to a natural person under the age of 18, or to a person acting in the course of a profession or business, or to a person using the products for purposes other than personal use, CustomHeadshop is entitled to terminate the agreement immediately. If termination occurs based on the mentioned suspicion, the buyer is entitled to a refund of any payments already made.
13.5. Upon termination of the agreement, CustomHeadshop’s claims against the buyer become immediately due and payable. If CustomHeadshop defers the fulfillment of obligations, it retains its rights under the law and the agreement.
13.6. CustomHeadshop always reserves the right to claim damages.

Article 14: Liability

14.1. If the execution of the agreement by CustomHeadshop leads to liability towards the buyer or third parties, that liability is limited to the costs charged by CustomHeadshop in connection with the assignment, in relation to direct damage. In any case, liability is limited to the amount of damage that will be reimbursed by the insurance company at the maximum.
14.2. CustomHeadshop’s liability is at all times limited to the free repair of a defective product or the compensation of that product – or a part thereof – at the discretion of CustomHeadshop.
14.3. The buyer has a duty to investigate and is responsible for informing themselves about the purchase, use, operation, and possible health risks of the products supplied and the relevant legislation, such as the Opium Act.
14.4. CustomHeadshop does not acknowledge any liability for, in any case, the following situations: physical and/or mental complaints (including but not limited to: dizziness, palpitations, headaches, confusion, inducing a psychosis); reduced reaction ability; other personal injury and/or becoming unable to work as a result of defects in the product. The product not having the expected/desired feeling and/or effect; unexpected harvest results. The products cannot in any way be considered as medicine and/or a replacement for (already started) medical treatment(s) and/or medical advice.
14.5. The products offered by CustomHeadshop should never be used in combination with alcohol, supplements, medication, antidepressants (MAO inhibitors, SNRIs, SSRIs, and TCAs), and/or other (medicinal) products with similar effects. If the buyer uses the products in combination with alcohol, medication, supplements, and antidepressants, CustomHeadshop does not accept any responsibility in any case.
14.6. CustomHeadshop is not responsible for indirect damage, business damage, consequential damage, loss of profit and/or loss suffered, missed savings, and damage due to business interruption.
14.7. Only a responsible shortcoming in the fulfillment in case of guarantees agreed by CustomHeadshop with regard to the functionality and quality of the delivered products, limited liability is acknowledged.
14.8. CustomHeadshop is not responsible for damage that is the result of or may be the result of any action or omission based on (incomplete) information from employees, the website, or any linked websites.
14.9. CustomHeadshop is not liable for errors and/or irregularities in the functionality of the website and/or malfunctions or the unavailability of the website for any reason whatsoever (temporarily or otherwise).
14.10. CustomHeadshop is not responsible for the correct and complete transmission of the content of email sent by or on behalf of CustomHeadshop, nor for its timely receipt.
14.11. CustomHeadshop is not responsible for any damage suffered by the buyer in the event that products ordered by the buyer do not comply with the laws and regulations of the country of receipt, as requested by the buyer. CustomHeadshop only sells in compliance with Dutch laws. The buyer must inform themselves about compliance with local laws.
14.12. All claims of the buyer due to the failure of CustomHeadshop expire if they have not been reported to CustomHeadshop in writing and with motivation within one year after the buyer became aware or could reasonably have become aware of the facts on which they base their claims.

Article 15: Transfer of risk

15.1 The risk of loss or damage to the products that are the subject of the agreement passes to the buyer at the moment they are actually delivered to the buyer and are thereby brought into the possession of the buyer or of third parties designated by the buyer.

Article 16: Force Majeure

16.1. CustomHeadshop is not responsible if it is unable to fulfill its obligations under the agreement due to a force majeure situation, nor can CustomHeadshop be held to fulfill any obligation if it is hindered from doing so as a result of circumstances that are not due to its fault and which are not at its expense under the law, a legal act, or applicable opinions in society.
16.2. In any case, force majeure shall mean, but is not limited to, what is understood in law and jurisprudence, (1) force majeure of suppliers of CustomHeadshop, (2) the failure of obligations of suppliers prescribed or recommended by the buyer to CustomHeadshop, (3) deviations from goods, equipment, software or materials of third parties, (4) government measures, (5) power failures, (6) disruptions of the internet, data network, and telecommunications facilities (for example, due to cybercrime and hacking), (7) natural disasters, (8) war and terrorist attacks, (9) general transport problems, (10) strikes in the company of CustomHeadshop, (11) seizure of any kind and for any reason whatsoever, and (12) other situations that, in the opinion of CustomHeadshop, are beyond its sphere of influence that temporarily or permanently impede compliance with its obligations.
16.3. CustomHeadshop has the right to invoke force majeure if the circumstance that impedes (further) performance occurs after CustomHeadshop should have fulfilled its promise.
16.4. The parties can postpone the obligations under the agreement during the period that force majeure continues. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate the other party for damages.
16.5. Insofar as, at the time of the occurrence of force majeure, CustomHeadshop has already partially fulfilled its obligations under the agreement or will be able to do so, and the fulfilled or to-be-fulfilled part has independent value, CustomHeadshop is entitled to separately invoice the part already fulfilled or to be fulfilled. The buyer is obliged to pay this invoice as if it were a separate agreement.

Article 17: Privacy & Security

17.1. CustomHeadshop handles the (personal) data of the buyer and users of the website carefully and will only use them in accordance with the privacy statement. If requested, CustomHeadshop will inform the party concerned about this. Questions about the processing of personal data and further information can be sent by email to support@customheadshop.com.
17.2. If CustomHeadshop is required to provide information security under the agreement, this security will meet the agreed specifications and a level of security that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 18 – Intellectual Property Rights

18.1. All intellectual property rights and copyrights arising from CustomHeadshop are exclusively owned by CustomHeadshop and are not transferred to the buyer.
18.2. The buyer is prohibited from disclosing and/or reproducing, modifying, or making available to third parties any documents on which the intellectual property rights and copyrights of CustomHeadshop rest without specific prior written consent from CustomHeadshop. If the buyer wishes to make changes to the products supplied by CustomHeadshop, CustomHeadshop must expressly agree to the intended changes.
18.3. The buyer is prohibited from using products on which the intellectual property rights of CustomHeadshop rest, other than as agreed in the agreement.

Article 19: Complaints

19.1. If the buyer is not satisfied with the service or products of CustomHeadshop, or has complaints about the purchase agreement, the buyer is obliged to report these complaints as soon as possible, but no later than 14 days after the manifestation of the matter that led to the complaint. Complaints can be reported to support@customheadshop.com.
19.2. The complaint must be sufficiently substantiated and/or explained by the buyer for CustomHeadshop to be able to handle the complaint.
19.3. CustomHeadshop will respond to the complaint as soon as possible, but no later than 14 days after receiving the complaint, with a substantive response. If a longer period is required for handling the complaint, the buyer will be informed of this in a timely manner, in any case within the mentioned period of 14 days.
19.4. Both parties will try to come to a solution together.

Article 20: Applicable law

20.1. Dutch law applies to every agreement between CustomHeadshop and the buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
20.2. CustomHeadshop has the right to change these general terms and conditions.
20.3. All disputes arising from or in connection with the agreement between CustomHeadshop and the buyer shall be submitted to the competent court, unless the provisions of mandatory law designate another competent court.