- Home
- General Terms & Conditions
1. Definitions
The terms and expressions listed below have the meanings indicated below, it being understood that terms defined in the singular also have the meanings in the plural, and vice versa. In the event of a discrepancy due to the translation of a definition, article or section of these General Conditions, the English version shall prevail.
- Customer: Any individual or legal entity that purchases one or more Products for purposes related to its individual, business, commercial or craft activity, accepting these General Terms and Conditions.
- Store: ORGANIC HEMP GRAM – Online Store | CBD Products, run by the Seller, at https://organichempgram.shop
- Seller : OHG’S GROUP LIMITED LIABILITY COMPANY with its registered office at Bolesława Limanowskiego 218/55, 91-028 Łódź, entered into the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR ŁÓDŹ ŚRÓDMIEŚCIE IN ŁÓDŹ, XX COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS number 0001175350, NIP 9472016964, REGON number 54182647400000 . Code/VAT : PL9472016964.
- Orders: The purchase orders of the Products e-mailed by the Customer, in compliance with the General Terms and Conditions and according to the procedure set forth in art 6.
- Parties: OHG’s Group and the Customers jointly.
- Price: The sale price of the Products as indicated on the Online Store provided by the OHG’s Group..
- Products: The products listed in our Online Store /or otherwise communicated to Customers by OHG’s Group.
- Order Confirmation: The e-mail message through which OHG’s Group communicates to the Customer the acceptance of the Orders and sends the invoice note related to the purchase executed.
- General Terms and Conditions: These general terms and conditions of sale and any future new versions that may be released by OHG’s Group.
- Sale and Purchase Agreements: The sale and purchase agreements of the Products stipulated between OHG’s Group and the Customer, according to art. 3.
2. Subject
- 2.1 These general terms and conditions govern all sales and purchase agreements and form an integral part thereof.
- 2.2 OHG’s Group reserves the right to amend these general terms and conditions at any time. However, the terms and conditions that are attached to the order confirmation sent to the customer will be the ones that apply to the concluded sales and purchase agreements.
3. Sale and Purchase Agreement
- 3.1 The sales agreement becomes valid between the two parties as soon as the buyer pays the initial invoice amount attached to the order confirmation, in accordance with the terms and conditions specified by OHG’s Group in the invoice.
- 3.2 To finalize the Sale and Purchase Agreement, customers acknowledge that they have read all instructions provided by the OHG Group along with the order confirmation, and that they fully agree to the general terms and conditions of sale.
- 3.3 The orders will be stored in the OHG Group’s database in accordance with established procedures and data protection laws, and can be accessed by contacting the OHG’s Group via the email address mentioned in Article 15.
- 3.4 It is agreed that these general terms and conditions do not affect any separate sales/distribution/resale agreements signed between the OHG’s Group and its customers, and that customers remain bound by the obligations contained in those agreements. It is understood that OHG’s Group reserves the right to deny the supply of certain Products to the Customers in application of the policies that may be provided for by the aforesaid contracts, where applicable to such Products.
4. Products Availability
- 4.1 For each Product included in our Online Store, OHG’s Group indicates whether it is: Available or Not Available at its warehouse.
- 4.2 The types of our Online Store products and their availability may change at any time, and OHG’s Group shall not be held responsible for them towards the Customers.
- 4.3 The product availability information is not binding. If any product that was available at the time of order placement is subsequently unavailable, only the price of the available products will be charged. For products that are no longer available or have sold out at the time of order placement, the invoice will be issued and the shipment will be dispatched as soon as the product is available again.
- 4.4 OHG’s Group reserves the right to not provide the availability of some Products listed in our Online Store.
5. Price and shipping costs; tax and duties
- 5.1 The Price is quoted in € (Euro) without prejudice to OHG’s Group right to apply a different currency in jurisdictions where a different currency is used. The applicable Price is the one listed in our Online Store at the time the Orders are placed by the Customers, who remain responsible for their purchasing choices in other currencies and for any exchange rate difference. OHG’s Group may apply discounts on the Price of Products sold to its Customers according to the standards of business practice.
- 5.2 The Price quoted in the invoice note attached to the Order Confirmation is inclusive of VAT, unless the Customer is an individual resident abroad, in which case VAT will be added to the Price as per law.
- 5.3 Without prejudice to the provisions of art. 8.2, in case of B2C orders above 60 € the price of the shipping is always excluded, while for orders under 60 € it is included for the standard delivery. The shipment will be arranged by OHG’s Group, unless otherwise agreed on a case by case basis by the Parties.
- 5.4 All taxes, duties, fees, and other expenses required by the laws of the country to which the products are shipped and delivered must be borne and paid entirely by the customer, either directly to the relevant tax or customs authorities, or to the shipping company, or, if necessary, to the OHG group of companies, in the event that the latter incurs such costs to cover shipping expenses.
6. Orders
- 6.1 In the case of (B2C) sales, orders placed by customers are processed automatically on the Online store’s website without any additional contact from the customer.
7. Payment terms
7.1 Customers are required to pay for products and shipping costs using the payment methods specified by OHG’s Group on the invoice attached to the order confirmation, as stated in Article 5. OHG’s Group reserves the right to change the available payment methods for customers at any time.
7.2 When paying by credit/debit card (as per Article 7.1), after the card details have been verified and payment authorization has been obtained from the card issuer, the amount for the products and shipping costs will be debited from the customer’s account as described in Article 5, as soon as OHG’s Group has sent the order confirmation. The credit/debit card details entered during the purchase process are secure; they are transmitted directly to the bank responsible for processing the payment. The payment process takes place directly over a secure server using SSL encryption to ensure the security of the transaction. Neither OHG’s Group nor any third party has access to the credit/debit card details, either during or after the purchase.
7.3 Once payment is executed by the customer, OHG’s Group will issue the regular invoice, which will be sent via email as requested by the customer during the purchase process. The invoice details are based on the information provided by the customer, and no changes will be permitted after the invoice has been issued by OHG’s Group.
7.4 The information received by the OHG Group pursuant to Article 7 will be used exclusively for the purpose of completing transactions related to the sale of products or for fulfilling its obligations under the general terms and conditions or sales contracts.
8. Shipping and delivery of Products
8.1 All valid orders are prepared and shipped within 24 working hours following their validation (Valid Payment). The products shipped are protected in a recyclable packaging, adapted to their size, resistant and discreet, without any indication of the contents of the package.
8.2 When finalizing your order on our site, we will offer you, depending on the nature of the products in your basket and your delivery address, the choice among different delivery methods, home delivery for all products offered on the website.
8.3 Under no circumstances can the agreed delivery terms be considered binding, and the OHG’s Group cannot be held liable in any way for failure to comply with these terms by the designated carriers, as it is unable to directly control the delivery of the Products after they have been handed over to the carriers.
8.4 Customers, or other authorized persons present at the address specified for delivery of the products in the order confirmation, must, upon delivery, verify that:
– The products match the number and type specified in the order confirmation:
– The packaging/wrapping of the products is intact and free from damage, moisture, or other alterations, including sealing materials.
8.5 Customers must immediately report any damage to the packaging of the products by placing a written reservation on the delivery receipt issued by the shipping company. It is understood that once the shipping company signs the receipt without any objection, customers have no right to object OHG’s Group regarding the external characteristics of the delivered products. (Shipping and Delivery Policy / Return Policy)
9. Defects / Non-compliance of Products
9.1 In the event of defects and/or discrepancies in the products, the customer must report them immediately the OHG’s Group, specifying the product, the number and date of the order confirmation, and the invoice number.
9.2 OHG’s Group reserves the right to accept or reject any refund/exchange for products ordered by the customer in the event that the basic characteristics of the product held by the customer have changed.
10. Limits of Liability
10.1 The Customer represents and warrants to OHG’s Group that he/she will use the Product only and exclusively for purposes permitted by Polish law and/or the law of his/her country of residence/domicile and in compliance with all relevant regulatory provisions based on the individual use of the purchased Product.
10.2 The Customer shall be solely responsible for any violation, for whatever reason, of Polish regulations and/or the law of the Customer’s place of residence, civil, administrative, and criminal law, as well as other applicable EU regulations in connection with the specific use of the purchased product. Therefore, the Customer shall indemnify and hold OHG’s Group harmless from any action, claim, cost, or expense directly or indirectly related to the use of the product and/or the aforementioned violations by the Customer, its employees, or collaborators in any capacity, if any, as well as by third parties, including public authorities and/or national or EU public administrations.
10.3 Furthermore, the Customer expressly and fully releases the OHG’s Group from any harm or damage resulting from any improper use of the Product and/or any misleading information provided to Customers regarding the Product. It is agreed that cannabinoid certifications are granted on samples, and the level/grade of the final Product may vary from case to case.
10.4 The Customer assumes responsibility for, and expressly indemnifies OHG’s Group from, any damages, costs, or losses arising from or related to any circumstances that may arise from the delivery of the Product (including, but not limited to, arrests or seizures by public authorities). Should any authority destroy the confiscated Product, assuming it is not legal cannabis, OHG’s Group shall not be liable. Similarly, even if the THC content of the Product is less than 0.2%, the Customer may face legal issues, and the Customer acknowledges and understands that OHG’s Group shall not be held liable under any circumstances..
11. Privacy
- 11.1 OHG’s Group represents and warrants that Customers’ personal data (i.e., the personal data of individual Customers or their representatives who will enter into sales and purchase agreements) will be processed in accordance with applicable data protection provisions, in particular European Regulation No. 679/2016. OHG’s Group will provide Customers with specific information about the processing of their personal data upon order confirmation (Privacy Policy).
12. Right of withdrawal from the Agreement
- 12.1 Should any article of the General Terms & Conditions, or part of it, be deemed invalid, illegal or unenforceable by the competent authority, such article, clause or provision shall be deemed to be unenforceable while the other articles, clauses and provisions shall remain valid to the maximum extent permitted by law.
- 12.2 The Customer, if she or he qualifies as a consumer, may withdraw from the General Terms & Conditions within the ordinary term provided for by the Consumer Code, by sending OHG’s Group a registered letter with return receipt within 14 days after the delivery of the Product, indicating her or his intention to withdraw from the Sale and Purchase Agreement, as well as the Order number, confirmation, invoice and shipment number.
- 12.3 The parties agree that any breach or violation by the customer of the obligations stipulated in the General Terms and Conditions entitles OHG’s Group to enforce this clause, which automatically terminates the Sale and Purchase Agreement. In this regard, the parties agree that the customer’s failure to pay the amount in accordance with the Terms and Conditions shall be deemed null and void.
- 12.4 indicated in art. 7, as well as the violations of the provisions contained in articles 8, 10 and 13, shall be considered essential for OHG’s Group.
13. Applicable law and Dispute resolution
- 13.1 The General Terms and Conditions and the sales and purchase agreements are governed by Polish law and must be interpreted accordingly.
- 13.2 For any disputes that may arise in connection with the General Terms & Conditions and/or the Sale and Purchase Agreements, the Consumer may use, among others:
mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
free assistance from the municipal or district Consumer Ombudsman.. However, OHG’s Group reserves the right to take legal action against the Customer before the Court of the place where the Customer is domiciled.
14. Consumer Rights and Online Dispute Resolution (ODR)
- 14.1 In accordance with European Union law, it is our obligation to inform you about your rights as a consumer and the means available to resolve disputes online.
- 14.2 Consumer Rights: In accordance with EU laws, you have the right to legal protection when making online purchases. If you have purchased a product or service through our website and have questions or issues regarding your purchases, please contact us directly to seek a solution.
- 14.3 Online Dispute Resolution (ODR): The European Online Dispute Resolution (ODR) platform is a tool provided by the European Commission to enable consumers to resolve disputes related to online purchases quickly and conveniently. If you wish to file a complaint regarding an online purchase made on this website, you can do so using the ODR platform through the following link: [Insert direct link to the ODR platform].
- 14.4 For further information about your consumer rights and how to use the ODR platform, visit the European Commission website: https://ec.europa.eu/consumers/odr/main/.
- 14.5 For further questions or clarifications, we invite you to contact us directly at info@organichempgram.shop.
15. Contact
- 15.1 For further information and assistance on Sale and Purchase Agreements, Customers can contact OHG’s Group at the following e-mail address: info@organichempgram.shop