Table des matières
Welcome to the Johnny Dabb Website, https://johnnydabb.com (the “Website“), managed by JD Oil company no. Y9431625Y, based in Las Palmas, Spanien, and its subsidiaries (the “Company”, “We”, or “Us” in all forms).
We make every effort to make sure that our products are of the highest quality. We want our customers to be satisfied with our products, services, and their overall experience.
The Company produces, sells, and distributes various products based on Cannabidiol (CBD), a non-intoxicating cannabinoid found in cannabis and hemp (the “Products”).
1. Legal Disclaimers
- The Company does not represent that any Product on this Website is appropriate for use, or available, in your country. You are solely responsible for compliance with local laws, and the Company will not be liable for any damages in connection with such access or use of our Services or Products.
- The Company does not provide legal advice or take any responsibility regarding your country’s laws. Please make sure you have checked the local laws, regulations and legal status of CBD in your country before making any purchase. Contact your local authority to verify that we can ship to your country and deliver to your address.
2. Use of the Website
- The use of the Website and Services is intended for your private and personal purposes only, and you certify that you shall not resell the Products or Services or make orders for others, and will have no claim against the Company with regard to the use of the Website and Services, or reliance upon the Content (as defined below) presented on the Website.
- You are solely and fully responsible for any use you make of the Website, Services, and Content, and any decision you take based on the Content of the Website.
- You are aware that our Products are not intended to diagnose, treat, cure, or prevent any disease. Results will vary from one person to another and there is no guarantee of specific results. We recommend consulting your doctor or your primary healthcare provider before using our Products, especially if you’re taking any medications, pregnant, or nursing. The information contained in the Website is provided for general informational purposes only. It is not intended as and should not be relied upon as medical advice. The information may not apply to you, and before you use any of the information provided in the Website, you should contact a qualified medical professional. If you utilize any information provided in this Website, you do so at your own risk, and you specifically waive any right to make any claim against the Company for the result of the use of such information.
- You are also aware that the photos on the Website are presented for illustration only and that there might be differences between images on the Website (for example Product packages) and their appearance in reality.
3. Use of the Website
- The Website includes information of various sorts and categories, including verbal, visual, or audio content or any combination of them, as well as their design, processing, editing, dissemination and means of presentation, including texts, pictures, photographs, images, drawings, animations, video clips, charts, simulations, files, software, applications, symbols and icons (the “Content”).
- Johnny Dabb, Product- and Services names might be registered trademarks of the Company and/or its affiliates. All copyrights, trademarks and intellectual property rights regarding the Content and Services on the Website are the exclusive property of the Company, or of third-parties who granted the Company authorization to use them. The Content is protected by copyright under European Union law, Dutch law, and foreign laws. Title to the Content remains with the Company.
- Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated in these Terms, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of the Company or its licensors. The Company authorizes you to view and download a single copy of the Content solely for your own lawful, personal, non-commercial use. Any specific rules for the use of other items provided on the Website are incorporated into these Terms by reference. The use of the Content on any other website or environment for any purpose is prohibited.
- All rights not expressly granted in these Terms are reserved to the Company and its licensors. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
- You may not, without the Company’s written permission, “mirror” any Content of the Website on any other server. You may not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or the Company, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means. You are not allowed to make any changes to the Website, or to copy, disseminate, broadcast, present, duplicate, publish, and create derivative works, or to sell any item originating in the Content or the Website.
- The Company reserves the right, in its sole discretion, to terminate your access to the Website, at any time, for any reason or for no reason at all, without prior or other notice.
- The Company reserves the right (but not the obligation) to remove any Content from the Website and discontinue any of the Services, at its sole discretion and without notice.
- The Company shall not be held liable for the Content and nature of the information displayed and published on the Website, and you will have no claims and/or demands against the Company in this respect.
- Without derogating from the above, the Company does not undertake that the Content on the Website, and especially Content by third-parties, is complete, correct, accurate, or suited to your needs, purposes, or expectations.
- Copyright complaints – we respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Website where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send such notice and all materials to our address below.
4. Links to other websites
The Website contains links to other websites on the Internet that are owned and operated by third-parties. We do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. We have no control over such websites and third-parties, so you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third-parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
5. Privacy and Data Protection
6. Your Account
- Account Creation. Following your first order, the Company will automatically create an account on the Website. You can restore your account details by clicking the “forgot my password” link on the log-in page, and you will get details and instructions to the email address you had provided during your registration.
- Account Security. In case you are granted access to certain parts of the Website by the usage of a username and/or password, it is your sole exclusive responsibility to safeguard the password and prevent any wrongdoings by using such password. For the avoidance of any doubt, in any case, the Company shall not be liable for any damages, of any kind, which results from the misuse of such password. In addition, the Company reserves the right, at any time and at its sole discretion, to cancel or limit your access to parts of the Website that requires the use of a password.
7. Ordering Products
- Accuracy of Information. We attempt to ensure that the information about Products on the Website is accurate. However, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, Content, promotions, Product descriptions or specifications, or other information on the Website, without any prior notice.
- Placing Orders for Products. You may order products from the Website by submitting a completed order form through the shopping cart and checkout process. We will confirm acceptance of your order by email to the email address you have given, and the sending of this email (whether or not it is received) forms the acceptance of your order and the formal contract between us regarding your purchase.
- Price and Payment. The price of the Products will be the price quoted on the Website at the time we accept your order. The price will include any applicable value-added tax and sales tax, but not the cost of delivery. Occasionally, items may be erroneously mispriced. In this event, we will either contact you to ask whether you wish to cancel the order or cancel the order and notify you accordingly, at our sole discretion. We are under no obligation to supply Products at the incorrect price. Payment is made by credit card (from one of several credit card networks we accept) at the time we accept your order or direct bank transfer.
- Subscriptions. If you use our Products on a regular basis, you may add the item to your “Subscription” list. You may choose how often a Product would be delivered to you, in accordance with the availability specified on the Website. A Subscription price will guarantee the price of the Product, and would not change for you even if the Product price changes. Subscriptions cannot be combined with any other discount or offers on that Product. We reserve the right to cancel a subscription for any reason, including an increase of the product’s cost to the Company. In such a case, you might be able to set a new subscription under a different price.
- Quantities. The Company reserves the right to restrict the number of items available for sale to any individual customer. All orders are subject to availability. If an item is not available, you will be refunded for the unavailable item. The Johnny Dabb Website is available for personal, non-commercial use only. We reserve the right to reject or cancel your order if we believe you are ordering our products for a business or other commercial or resale-sale purposes. We may apply quantity limits to some Products to protect stock availability for customers.
- Validating orders. All orders are subject to security-, fraud-prevention, and validation checks, also by third parties, and authorization by the card issuer. If the issuer of your payment refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
8. Delivering Products and Delivery Policy
- Check that we can deliver the order to your address. Your order will be delivered to the address specified by you when you placed your order. It is your sole responsibility to check if we can make the delivery to you and it will not be the Company’s responsibility if you will make an order and the Company will deliver the product to you against your country’s laws and regulations. The Company does not provide legal advice or take any responsibility regarding your country’s laws. Please make sure you have checked the local laws, regulations and legal status in your country before making any purchase. Contact your local authority to verify that we can ship to your country and deliver to your address.
- Countries where we currently deliver. Subject to the above, currently we enable orders for the following countries: Andorra, Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Slovenia, Spain, Switzerland, Sweden, Ukraine, United Kingdom. We may change this list at any moment based on the Company’s sole judgment and consideration.
- Delivery Time. Processing your order usually takes a single business day. We are using several shipping and delivery carriers. Each carrier has a different delivery period and actual delivery will usually take an additional 2-8 business days. Tracking information from the carrier, to the extent available, will be sent to you via email within 2 business days so that you can follow your order.
- Issues with Delivery. If there is an error or any other issue with the delivery of the Products ordered, you must notify us in writing within 14 days of the delivery date or in case the delivery was not made – 14 days following the estimated delivery date. We will not be liable for any loss or damage if you fail to inform us according to this clause. We do our best to make sure your order reaches you on time. If you encounter a delay, please contact us at email@example.com and we will make efforts to help.
- Delivery Costs. Unless your order qualifies for free delivery, then in addition to the price, you will have to pay the cost of delivery as quoted on the Website at the time we accept your order. These costs vary according to your delivery address (the destination), the method of delivery, and the time of delivery. The Company reserves the right to make changes to our pricing and delivery fees.
- Failed Delivery. If you do not accept your order upon delivery or fail to supply adequate delivery instructions, we may cancel your order and retain the Products. In such an event, we will refund you the price of the Products but you will still be liable to pay any cost of delivery.
9. Returns and Refunds
- Upon arrival, check your shipment carefully to ensure it has not been damaged during delivery.
- If for any reason, you wish to return an item, you may do so within 7 days of receiving it. You will be refunded within 7 days from the day we will receive the item back. Please note, shipping and delivery costs will not be refunded.
- For refund- or exchange requests, please contact us by email to firstname.lastname@example.org and explain the reason you are asking for a return or a refund.
10. Cancelling Orders and Withdrawal
- Right of Withdrawal. You are entitled to withdraw from your contract for purchasing the Products within 14 days of the actual delivery date of your order, without giving any reason for doing so. In order to exercise your right of withdrawal, you should send us an explicit written notification to our contact details below about your decision to withdraw from the contract for purchasing the Products. Please be aware that 14 days following delivery, your right for withdrawal expires permanently.
- Effects of Withdrawal. If you withdraw from the contract for purchasing the Products within 14 days, we shall refund all payments received from you, including delivery costs, if any (other than delivery costs incurred for a more expensive delivery method due to your selection at checkout), without undue delay, and in any case no later than within 14 days from the day when we were made aware of your decision for withdrawal. Upon withdrawal, you will send back the Products without undue delay and in any event not later than 14 days from your withdrawal notice. You will incur the cost of returning the Products to us. Refund will be done using the same payment instrument that you used for the original transaction, usually crediting your credit card. You will not be charged any additional fee with respect to such a refund. We may withhold the refund until we have received the Products back or evidence from you that you have sent back the Products.
- Cancelling Orders. You may also cancel your order by notifying us in writing at any time before the order has been delivered. In such a case, the relevant conditions for the Right of Withdrawal indicated above would apply. We would appreciate it if you could provide us with the reason for your decision to withdraw or cancel your order.
- Limitation of Withdrawal and Cancelation. You can no longer cancel your order and/or withdraw from your contract for purchasing the Products once you have opened the Product containers or used the Products. Any statutory rights you may have concerning the quality of those Products will remain unaffected.
11. Limitation of Liability
- You hereby declare that you are aware that the use of an internet site – including the website – involves many risks, both due to technology and human factors. neither the company, nor anyone on its behalf will be liable for the website, or the servers that operate the website, being free of malicious code or content, including malware, viruses, or spyware which could harm the user’s device (e.g. personal computer, tablet, or mobile phone).
- Under no circumstances shall we or any other party involved in creating, producing, or distributing the website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the website, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website; or (v) any other matter relating to the website or services. you hereby acknowledge that this paragraph shall apply to all content, products, and services available through the website. because some countries and states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
- Disclaimer of warranties. we provide the website, products, and services on an “as is” and “as available” basis. we do not represent or warrant that the products, website, services, their use, or any information on them: (i) will be uninterrupted or secure, (ii) will be free of defects, inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with other hardware or software you use. we make no warranties other than those made expressly in these terms, and hereby disclaim any and all implied warranties, including without limitation, warranties of for a particular purpose, merchantability and non-infringement.
- Disclaimer of forward-looking statements. this website may contain forward-looking statements that reflect our current expectation regarding future events. the forward-looking statements involve risks and uncertainties. actual developments or results could differ materially from those projected and depend on a number of factors, some of which are outside our control.
- Health-related information. we provide information on the website for informational purposes only. it is not meant as a substitute for the advice of a doctor or other health care professional. you should not use the information available on or through the website for diagnosing or treating a medical condition. you should carefully read all product instructions prior to use. we do not collect on the website any personal data relating health, please refrain from providing such data in your user communications.
- Products. all products are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers, if any, provided in the product packaging. to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability, non-infringement, or for a particular purpose. without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. we will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the products, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring.
- Force majeure. the company shall not have any liability to you whether in contract, warranty, tort (including negligence), or any other form of liability for failing to perform its obligations under these terms or a purchase order to the extent that such failure is a result of a force majeure event.
- Limitation of liability. in no event will our aggregate liability arising from, relating to, or in connection with these terms (including, without limitation, claims relating to the website, services, or products) exceed the greater of €100 or the amount that you paid for the products.
- No class action. you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. any claims arising out of, relating to, or connected with these terms must be asserted individually.
You agree to indemnify and hold us (the Company), and our manufacturers, affiliates, officers, directors, agents, or other partners, and employees, harmless from any claim or demand, including reasonable lawyers fees, made by any third-party due to or arising out of your use of the Website, your connection to the Website, your violation of these Terms, or your violation of any rights of another. If you are obligated to provide indemnification pursuant to this clause, we may, in our sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without our prior written consent.
13. Governing Law and Disputes
- Governing Law and Jurisdiction. You agree that these Terms will be governed by the laws of The Netherlands. The competent courts in The Netherlands will have exclusive jurisdiction for any dispute arising from these Terms, and any claim relating to the Website, the Services, the Content, or the Products.
- If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- Amicale Solution. Any dispute arising between you and the Company shall be settled by negotiation, with the parties endeavoring to reach an amicable solution. If you are dissatisfied with the service you have received, please contact us at email@example.com. Your satisfaction is important to us and we will do our best to help you.
- Dispute Resolution. If you are still discontented with our services and the matter cannot be resolved with our Customer Service team, any dispute relating to these Terms shall be submitted via the European Commission platform for online, out of court, resolution of disputes, known as Online Dispute Resolution platform (the “ODR”). You can access the ODR via the link https://ec.europa.eu/consumers/odr/. It is your sole responsibility to check if the ODR is the right platform for your claim and you warrant that you have read the ODR’s instructions, terms, and conditions before submitting your claim via the ODR. Having the ODR’s link on our Website does not automatically mean we will engage in the process. Hence, it is good practice to ask us before starting the procedure. In case that the ODR process will fail or will be non-optional, any dispute relating to this Agreement shall be brought exclusively to the competent court located in The Netherlands.
14. Termination of the Website and Services
- The Company is entitled to shut down the Website and to modify, from time to time, its structure, Content, appearance, as well as the scope and availability of Services and Content provided on the Website, and any other aspect related to the Website and its operation, without any need to provide you with any notification. You declare that you will have no argument, claim, and/or demand from the Company in this regard.
- The Company is entitled to block and/or restrict and/or terminate the provision of Services to the User, for any reason, under its sole discretion, without the need for any notification to the User. Such blocking, restriction, or termination will not detract from the User’s obligation according to these Terms or from the Company’s rights and remedies according to any applicable law.
15. General Information
- These Terms of Service constitute the entire agreement between us and govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- The Company is entitled to assign its obligations and to transfer its rights according to these Terms at any time, to another party or parties, at its sole discretion, including the right to collect debts. You cannot assign your rights, obligations, or orders without the Company’s prior written approval.
- The Company is entitled to update these Terms from time to time, at its sole discretion and without any need to provide prior notification, and the new Terms will be binding from the moment that they are published on the Website.
16. Contact Information
The Company’s address and contact details for any purpose relating to these Terms are:
JD Oil Company,
Ave. El Golf 23
35508 Costa Teguise / Islas