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General Terms and Conditions of Use (GTCU)
1. DEFINITIONS
Terms of Use: refers to the general terms and conditions of use of this website.
Terms of Sale: (General Terms and Conditions of Sale): The General Terms and Conditions of Sale (AVB) of Metawise GmbH, available at https://premium-chronic.com/agb/, apply. These correspond to the General Terms and Conditions (AGB) of the company and are publicly available on the aforementioned website.
Third-party content: refers to content that originates from another website or application and is listed on the website.
Personal data: refers to all information relating to an identified or identifiable person. This includes, in particular, identifiers such as names, audiovisual media, identification numbers, location data, or online identifiers. It may also refer to specific characteristics relating to the physical, physiological, genetic, psychological, economic, cultural, or social identity of the data subject.
Intellectual property rights: refers to all copyrights, patents, designs, database rights, trademark rights, trade secrets, commercial secrets, know-how, or other intellectual property rights, whether registered or unregistered.
Customer service contact form: refers to one of the website’s services that allows the user to contact the company.
Privacy Policy: refers to the Company’s privacy policy, which is available on the Website and is attached to the T&Cs.
Products: refers to hemp-based or hemp-derived products sold through the Website that do not contain more than the legally permitted level of tetrahydrocannabinol (hereinafter “THC”).
Website: refers to the website operated by the Company at the URL https://premium-chronic.com/.
Company: refers to Metawise GmbH (No. CHE-200.798.379) with its registered office at Rue de Lausanne, 1201 Geneva, Switzerland.
User: refers to any natural person, male or female, who accesses the website, in particular, but not exclusively, via a computer, smartphone, or tablet. For the sake of simplicity and readability of the T&C, only the masculine form is used to refer to both female and male users.
In addition, express reference is made to the Privacy Policy. The definitions contained therein are incorporated by reference.
2. LEGAL NOTICES
a. Website publisher
Metawise GmbH (No. CHE-200.798.379)
Headquarters: Rue de Lausanne, 1201 Geneva, Switzerland
Email: contact@premium-chronic.com
b. Web host
NETERRA CLOUD
Headquarters: 20A, A.Saharov Blvd., 1784 Sofia, Bulgaria
Phone: +359 2 975 1616
Website: https://www.neterra.net
3. Purpose
The Terms of Use and Privacy Policy govern the use of the website.
Each user of the website understands and accepts that the Terms of Use, Terms and Conditions, and Privacy Policy are fully applicable to them and constitute a legally binding agreement with the company. By accessing the website or ordering products, you acknowledge and confirm that you have read and understood the GTC and agree to be bound by the terms and conditions contained therein. You warrant that you have the legal capacity to accept the GTC.
If you do not accept the GTC, the GTC and/or the Privacy Policy, you must immediately cease using the website.
The Company reserves the unrestricted right to change the provisions contained in the GTC, the GTCS, and the Privacy Policy at any time and at its sole discretion.
The version of the GTC valid on the website at the time of placing the order is the one that applies to the respective transaction, in accordance with the terms and conditions defined in the GTC.
If, following a change to the GTC, the GTC and/or the Privacy Policy, you no longer wish to be bound by them and you have been informed of the changes, you are obliged to immediately cease using the website.
4. ACCESS TO THE WEBSITE AND PRODUCTS
The website is accessible worldwide and to any user with Internet access. You are responsible for all costs incurred in accessing the website (computer hardware, software, Internet connection, etc.).
To place an order, you must create an account if you wish to benefit from various promotions and other commercial offers from the company.
When creating an account, you must choose a strictly confidential and personal username and password.
You agree to keep your login details confidential and not to disclose them to anyone. You are solely responsible for the use of your login details and access to your account, unless you can prove that fraudulent use has occurred that cannot be attributed to you.
Any fraudulent use of this access data that comes to your attention must be reported to the company in writing without delay.
The company will make every reasonable effort to ensure that the website is accessible at all times. However, technical difficulties or maintenance work may temporarily interrupt, restrict, or prevent access to the website.
You undertake, under threat of civil and criminal penalties, to use the website exclusively for the purposes intended by the company. In particular, you may not transmit any content that contains programmes, codes, viruses or other procedures that aim to destroy or restrict the functionality of the website.
You guarantee that your computer configuration is free of viruses.
5. SAFETY
The company undertakes to ensure that the systems, programmes and other technologies it uses to operate the website comply with the latest security standards.
You are responsible for ensuring the security of the systems, programmes and data you use to access the website. You alone are responsible for configuring your computer hardware, programmes and platforms you use to access the website. It is your responsibility to maintain your browser in such a way that it enables you to use the website. Technical access to the website is provided by your chosen network provider and any other specific software solutions that you obtain from third parties via the internet. The Company accepts no responsibility for this software.
In the event of a breach of the obligations defined in these GTC, the Company may block your access to the website with immediate effect. The Company reserves the right to claim damages.
Credit card transactions are at your own risk. The Company shall not be liable in any way for delays in the bank authorisation of your credit card or for any damages, financial losses or loss of personal data that may arise in connection with the credit card transaction carried out via the website, the SSL protocol or the payment service provider.
6. USE OF THE WEBSITE AND PRODUCTS
a. General
The website offers users hemp-based products or products derived from hemp (hereinafter referred to as the ‘products’). The products comply with applicable EU legislation and do not contain more than the legally permissible level of tetrahydrocannabinol (hereinafter referred to as ‘THC’).
b. Prices
The prices for products stated on the website are recommended retail prices and must be confirmed by the company.
Prices are governed by the General Terms and Conditions of Sale, which determine the contractual relationship between the company and you and which you expressly accept.
c. Prohibited activities
By using the website, you agree in particular to refrain from the following:
reselling products ordered via the website;
removing notices, labels or markings affixed to the products;
using the website and/or the products for purposes other than those intended by the company, strictly personal purposes, or attempting to use them for such purposes;
using the website and/or the products in an abusive or illegal manner or attempting to use them for such purposes, in particular to commit or promote fraud, including the publication or use of potentially offensive or inappropriate terms, for example via the contact form;
soliciting or attempting to solicit services or the sale of competing products to other users via any means of communication sent or published via the website and/or the products, in particular via the contact form;
transmitting or attempting to transmit copyright-protected content without first obtaining the express consent of the copyright holder;
using or attempting to use information available on the website for commercial purposes, in particular by reusing or distributing it online;
use or attempt to use automated programmes (including, but not limited to, robots, spiders, sniffing, crawling, web scraping, etc.) or other automated means, scripts or interfaces to access the website, its content, databases, personal data and/or the products offered on the website;
disrupt or attempt to disrupt the proper operation of the website and/or the products offered or the user experience of other persons in any way, in particular by hacking or attempting to circumvent content filtering techniques used by the company;
provide products or services that compete with those offered by the company via the website;
copy, modify, merge, sell, redistribute, assign, transfer or reverse engineer, decompile, disassemble, translate or decrypt the software or source code of the website or parts thereof, or attempt to discover the underlying source code;
infringe or attempt to infringe the intellectual property rights of the Company in any way;
access or attempt to access services or parts of the website to which you do not have access rights, in particular the server on which the website is hosted or other servers, computers or databases connected to the company’s products;
introduce or attempt to introduce viruses, Trojan horses, ransomware or other harmful or technologically dangerous material; and
use or attempt to use the website and/or the products in violation of the GTC, the GTC and/or the Privacy Policy.
d. Website content
The products offered on the website may be changed or removed by the company at any time without notice.
If you wish to use the products offered by the company, you are requested to order them on the website in accordance with the terms and conditions set out in the GTC.
e. Third-party content, hyperlinks and deep links
Third-party content is the sole responsibility of the respective providers from whom it originates. Such content is subject to the terms and conditions and privacy policy of the relevant third-party providers.
The presence of hyperlinks on the website that refer to other websites or deep links does not constitute a guarantee of the quality or proper functioning of these websites.
The Company cannot be held responsible in any way for third-party content that it adopts or publishes on its website. Similarly, the Company is not liable for the hyperlinks on the website or their content. You consult third-party content at your own risk and on your own responsibility.
The Company reserves the right to remove any third-party content from the website at any time and without notice.
7. INTELLECTUAL PROPERTY
The Company is the sole owner of all intellectual property rights in both the structure and content of the website and the databases contained therein. In particular, all elements of any kind reproduced on the website (text, images, sounds, photographs, videos, music, databases, data, software, content, codes, layout, etc.) are protected by intellectual property rights and are the exclusive property of the Company.
Consequently, any reproduction (including downloading, printing, etc.), representation, provision, public communication, adaptation, modification, translation, conversion, distribution, integration into another website, commercial use and/or reuse of the elements of the website in any way without the prior written authorisation of the Company is strictly prohibited. Consultation and use of the website does not confer any intellectual property rights on the user in respect of any element of the website.
The Company grants each user a limited, non-exclusive, non-transferable, non-sublicensable, free, time-limited and revocable licence to use the website and the information, databases and content contained therein for personal, non-commercial purposes, in particular to view the content of the website and its products and to display the content of the website on a computer screen, smartphone or tablet, subject to strict compliance with these GTCU. Any other use of the website is prohibited without the prior written consent of the Company.
The Company reserves the right to revoke the above licence at any time without notice and with immediate effect in the event of a breach of the law or non-compliance with these GTCU. The Company also reserves the right to modify or remove any element of the website at any time without notice and to take all reasonable measures to intervene in the event of a violation of its intellectual property rights or to protect the integrity and proper functioning of the computer systems, servers, databases, networks, the website, the user’s personal data and the associated intellectual property rights.
The user undertakes not to reproduce, hack, download, copy, make available, distribute or use in any way any texts, databases, data, codes, images or content from the website. Any unauthorised use of the elements reproduced on the website (hacking, falsification, illegal downloading, etc.) will be subject to civil and/or criminal prosecution and will result in the payment of damages to the company.
The domain name under which the website is hosted is the exclusive property of the company. The user is not authorised to use or adopt a similar name for their own use.
‘Premium Chronic’ is a registered trademark of Metawise GmbH and is registered in the Swiss trademark register (Swissreg). Any reproduction or use is expressly prohibited.
8. DATA PROTECTION POLICY
When using the website and/or ordering products, the user is asked to provide certain personal data to the company, for example, but not exclusively, during registration, including other information about them (such as visit time, browser used, IP address, geolocation data, etc.). This information obtained through the website will be used exclusively in accordance with the Privacy Policy, which is available at the following link: [https://premium-chronic.com/privacy-policies
/], the terms of which form an integral part of these GTC.
9. WARRANTIES/DISCLAIMER
a. By the user
By using the website, the user guarantees that they have read these GTCU, the General Terms and Conditions of Sale and the Privacy Policy and will strictly comply with their provisions.
The user undertakes to use the website and/or the products in accordance with these GTCU, the General Terms and Conditions of Sale and the applicable German or other applicable laws.
He undertakes not to cause any damage to the company through his use of the website and/or the products.
b. By the company
The user accesses and uses the website at his own risk.
The website and its content are provided ‘as is’ and ‘as available’. The user waives all warranties of any kind, whether express or implied, including, but not limited to, any implied warranty of fitness for a particular purpose, availability and non-infringement of the website and/or its content.
All other information available on the website and/or on the products and/or on their packaging instructions is provided for informational purposes only.
The Company may provide recommendations for the use of the products under conditions specified on the website and/or on the products themselves.
The Company does not guarantee that the products are harmless and/or risk-free for health.
The user understands and accepts that the company cannot be held responsible for the unlawful behaviour of third parties or other users of the website.
The Company does not guarantee or warrant that (i) the website and its content will meet the user’s needs or be accurate, safe or risk-free for their health, safety or life (ii) the website and its content will be available, uninterrupted, timely, secure or error-free (iii) the search results obtained through the use of the website are accurate or reliable, (iv) all errors will be corrected, or (v) other users will comply with their obligations and/or the applicable legal provisions.
Any document downloaded or otherwise obtained through the use of the website is done at the user’s own risk, and the user is solely responsible for any damage to their computer system or loss of data resulting from the download of such documents.
No oral or written information obtained by the user from the company and/or through the website creates a warranty or other obligation not expressly stated in these GTC, and the company disclaims any liability resulting from the reliance of a user or any other person who becomes aware of any part of its content on these elements.
The Company makes no warranty as to the accuracy, truthfulness, reliability, timeliness, completeness or durability of the information, in particular with regard to the products presented on the Website.
All information and notices contained on the Website are subject to change or removal at any time without prior notice.
The information and notices on the website do not bind the company in any way and do not constitute a contractual commitment on the part of the company. The photographs and other images shown on the website are not contractual and do not bind the company in any way with regard to their authenticity and veracity.
10. LIABILITY OF THE COMPANY
These Terms and Conditions set out the maximum extent of the Company’s obligations and liability in relation to the Website.
To the extent permitted by law, the Company excludes all warranties and liability in relation to the Website and/or the Products. In particular, the Company shall not be liable for any damage or loss of any kind, including loss of revenue or personal data suffered by a user or any other person, whether caused by an act or omission of the Company or a third party, unless it can be proven that the Company has acted with gross negligence.
Under no circumstances shall the Company be held liable for any impossibility due to force majeure.
The Company excludes any warranty and liability in relation to the content of the Website. The Website and its content are provided ‘as is’ and ‘as available’ without any express or implied warranty as to quality, suitability for specific purposes, timeliness, non-infringement, compatibility, security and accuracy.
The Company excludes all liability for the unavailability of the website, its content and/or products at any time and for any duration. The Company excludes all liability for indirect damage and/or loss, in particular loss of business turnover, loss of profits, loss of sales or revenue, business interruption, loss of anticipated savings, loss of business opportunities, loss of customers or damage to reputation.
The Company accepts no responsibility for third-party content and any disputes that may arise in connection with such content. The Company accepts no responsibility for the content of websites referred to by links published on the website. The website may contain third-party advertising, and the Company accepts no responsibility for the accuracy, completeness and truthfulness of the content of such advertising or for any offers and services it contains. These links shall not be construed as support or sponsorship of the Company for them.
In all cases and to the extent permitted by law, the Company, its staff and its affiliated companies exclude any liability for any claims in connection with the use of the website by users.
11. INDEMNIFICATION
If the user commits a violation or fails to comply with their obligations under these GTCU, the General Terms and Conditions of Sale and/or the Privacy Policy, the Company reserves the right to restrict access to the website and/or products without prior notice or explanation and without any compensation.
The Company has the right to permanently or temporarily block or restrict access to all parts or elements of the website.
The user undertakes to indemnify the Company, its affiliates, shareholders, officers, agents, representatives and employees and to hold them harmless from any liability for any losses, damages, claims, penalties, fines, costs and expenses, including without limitation legal fees, court costs and internal costs, which may arise in connection with:
any inappropriate use of the website and/or the products;
failure to comply with these Terms of Use, the General Terms and Conditions of Sale and/or the Privacy Policy;
any claim by a third party that the user’s use of the website and/or the products infringes that third party’s intellectual property rights, personality rights or right to privacy; and/or
any other damage caused to others.
12. FORCE MAJEURE
Neither the Company nor the User shall be held liable for any failure or delay in the performance of any of their obligations under these Terms and Conditions if such failure or delay is due to force majeure.
13. AVAILABILITY OF THE WEBSITE
The website is generally available 24 hours a day, seven days a week.
However, the Company cannot guarantee constant availability and cannot be held responsible for any interruption, including prolonged interruption, of access to the website, particularly in the context of network congestion or the impossibility of accessing the website.
The company may interrupt, suspend or close access to the website freely and at its own discretion from time to time in order to update it, for an indefinite period. The elements of the website may be out of date at any given time and the company is under no obligation to update them.
An interruption, suspension or closure of the website, whether planned or not, may occur in particular for maintenance reasons, network problems, software problems or security problems, or in the event of force majeure. No costs or compensation may be claimed in the event of an interruption, suspension or closure of the website.
14. ASSIGNMENT
a. By the user
The user may not assign any of their rights and obligations under these GTC without the prior written consent of the Company.
b. By the Company
The Company may assign all or part of its rights and obligations under these GTC without the prior written consent of the user.
15. ENTIRE AGREEMENT AND SEVERABILITY
These GTCU, the General Terms and Conditions of Sale, the Privacy Policy and other applicable policies, including any amendments or additions that the Company may make at any time, constitute the entire agreement between the User and the Company with regard to the Website.
The Company is free to enter into an agreement with any User who so wishes that supplements these GTCU. Unless such agreement expressly excludes the GTCS, the GTCS shall in any case apply in full to the relationship between the Company and the user.
The fact that the Company does not exercise or enforce any right or provision of these GTCS shall not constitute a waiver of such right or provision.
If any provision of these GTC is found by a court to be invalid or unenforceable, the user and the Company agree that their intentions as reflected in the provision shall be implemented as far as possible and that the remaining provisions of these GTC shall remain in full force and effect.
The section headings in these T&Cs are for convenience only and have no legal or contractual effect. If any clause in these T&Cs is found by a judge to be unlawful or unenforceable in a particular case, the remainder of that clause and the other clauses shall nevertheless remain fully applicable.
16. TERMINATION
The Company may block, terminate or suspend a user’s ability to use or access the Website in whole or in part at any time and without notice at its sole discretion, in particular in the event of a breach of these Terms of Use. Similarly, the Company may close the Website. Under no circumstances shall the Company be obliged to compensate users in the event of suspension or closure of the Website.
The Company has the right, without any obligation, to immediately remove and delete any third-party content from the website.
All personal data collected via the website may remain stored and recorded, at least temporarily, even after the end of use of the website and/or products, in particular (but not exclusively) in the case of backup systems, in accordance with the Data Protection Policy.
The Company has no control over and is not responsible for content published on any website, search engine or social network as a result of sharing or linking.
17. MISCELLANEOUS
Access to the website does not constitute a partnership, simple partnership, representation or agency relationship between the user and the company.
It is the user’s responsibility to ensure that they have understood the content of these GTC.
Unless otherwise specified, any additions or amendments to these GTC must be made in writing.
18. DISPUTES
Any disputes arising from the application of these Terms and Conditions, whether relating to their validity, interpretation, implementation, termination, consequences or after-effects, which cannot be resolved between the Company and the User, shall be subject to the competent courts in accordance with general legal provisions.
The user is informed that, in any case, they have the option of resorting to conventional mediation, in particular to the Consumer Mediation Commission or to existing sector-specific mediation bodies, whose contact details can be found on the website premium-chronic.com, or to alternative dispute resolution procedures (e.g. arbitration) in the event of a dispute.