1. Shipping Terms

1.1 Business Buyers

Unless otherwise agreed in writing, shipments to Business Buyers are made Ex Works (EXW) Uden, Netherlands, in accordance with Incoterms® 2020.

For Business Buyers, risk transfers in accordance with the agreed Incoterm and the applicable contract terms.

1.2 Consumers

For Consumers, mandatory consumer law takes precedence over any conflicting Incoterm or contractual provision.

Where Pharmabinoid arranges or offers the carrier, the risk of loss of or damage to the goods passes to the Consumer when the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the goods.

Where the Consumer independently appoints a carrier that was not offered by Pharmabinoid, risk may pass when the goods are handed over to that carrier.

2. Courier Selection and Labelling

2.1 Pharmabinoid-Arranged Shipping

Where Pharmabinoid arranges shipping, we select or offer the carrier, book the shipment and provide tracking information where available.

2.2 Customer-Arranged Shipping

Customers may, where offered, arrange their own carrier, provide their own shipping label or provide carrier-account instructions.

Where the customer arranges shipping, the customer must provide all information and documentation reasonably required for dispatch, including a valid shipping label or carrier instructions. The customer is responsible for ensuring that the label and carrier instructions are accurate and suitable for the shipment.

Pharmabinoid is not responsible for delays caused by the customer’s failure to provide the information or documentation required for shipment.

3. Customs, Import and Regulatory Clearance

Unless otherwise expressly agreed in writing, the customer is responsible for ensuring that the products may lawfully be imported, possessed and used at the destination.

The customer is responsible for applicable import duties, tariffs, taxes, customs charges and clearance fees where these charges have been properly disclosed or otherwise legally fall to the customer.

The customer must provide any information reasonably required for customs or regulatory clearance.

Where delivery or importation fails because the customer does not pay applicable charges, provide required information, or otherwise cooperate with customs or delivery, the provisions under Customer-Caused Delivery Failure below apply.

Nothing in this section limits any mandatory rights that apply to Consumers.

4. Customer-Caused Delivery Failure

A customer-caused delivery failure may include, for example:

• an incorrect, incomplete or outdated delivery address supplied by the customer;
• the customer having moved without providing an updated address;
• failure to collect a parcel from a carrier depot or access point;
• repeated inability to deliver because the customer is unavailable;
• refusal of delivery without an unequivocal exercise of a statutory withdrawal right;
• failure to provide information reasonably required for delivery or customs clearance; or
• failure to pay applicable import duties or destination charges that are the customer’s responsibility.

4.1 Effect of Failed Delivery

Failure to accept, receive or collect a shipment does not by itself:

• cancel the order;
• terminate the contract; or
• constitute exercise of a statutory right of withdrawal.

Where the failed delivery is attributable to the customer, the order remains payable, subject always to mandatory applicable consumer law. Pharmabinoid is not required to issue an automatic refund solely because the shipment has been returned.

4.2 Additional Costs

Where a failed delivery is attributable to the customer, the customer may be responsible for reasonable additional costs resulting from that failure, including where applicable:

• return transportation;
• carrier surcharges;
• customs or clearance charges;
• additional handling reasonably required because of the failed delivery; and
• the cost of a new shipment.

Pharmabinoid may require payment of applicable additional costs before arranging redelivery. There is no entitlement to free redelivery where the original delivery failed for reasons attributable to the customer.

4.3 Notice Procedure

When a customer-caused failed delivery results in the shipment being returned to Pharmabinoid, we will normally contact the customer using the contact details provided with the order.

The customer will be given 14 calendar days from our first notice to provide instructions. If no response is received, we may issue a final notice giving the customer an additional 7 calendar days to respond.

During this period, the returned goods may be held separately pending further instructions and quality assessment.

4.4 No Response After Final Notice

• Pharmabinoid may close the active delivery case;
• Pharmabinoid is not required to reserve or store the goods indefinitely for that customer;
• the goods may be transferred to quality review and final operational disposition; and
• Pharmabinoid may exercise any rights available under the contract and applicable law in relation to amounts already paid and costs caused by the customer’s failure to cooperate.

Any refund or credit will only be issued where required by mandatory applicable law or where expressly agreed by Pharmabinoid. Amounts already paid are not automatically refundable merely because the customer failed to receive or collect the shipment.

4.5 Returned Goods and Quality Control

Returned products are not automatically released back into saleable inventory. Because the transport, storage, handling, customs inspection, temperature exposure or other conditions experienced after dispatch may not be fully verifiable, returned products may be placed into quarantine or quality review.

Depending on the circumstances, products may be:

• held for possible redelivery;
• released for resale following appropriate quality approval;
• subjected to further testing where appropriate; or
• disposed of where continued use, resale or storage is not considered appropriate.

The physical disposition of the goods does not by itself determine whether the customer is entitled to a refund. Any financial treatment will be determined in accordance with the contract and mandatory applicable law.

4.6 Customer Contacts Pharmabinoid After the Deadline

If the customer contacts Pharmabinoid after the final response deadline, redelivery is not automatic.

Where the goods remain available, Pharmabinoid may offer redelivery subject to:

• confirmation of a valid delivery address;
• availability of the goods; and
• advance payment of applicable return, handling and new-shipping costs.

Where the goods are no longer available following final disposition, the matter will be handled in accordance with the applicable contract terms and mandatory law.

5. Consumer Right of Withdrawal

For Consumers, failure to collect or accept a shipment does not by itself constitute exercise of the statutory right of withdrawal.

A Consumer wishing to withdraw must communicate an unequivocal decision to withdraw from the contract.

For goods, the normal statutory withdrawal period begins when the Consumer, or a third party designated by the Consumer other than the carrier, acquires physical possession of the goods.

A Consumer may also exercise the right of withdrawal before physical delivery where the law permits this.

Further information concerning withdrawal rights, exceptions and refunds is available in our Return Policy and Terms & Conditions.

6. Damage in Transit

Customers should inspect deliveries promptly after receipt.

Any visible transport damage should, where reasonably possible:

• be reported to the carrier;
• be photographed and documented; and
• be reported to Pharmabinoid as soon as reasonably possible.

For Consumers, failure to report damage within a specific period does not limit mandatory statutory rights.

For Business Buyers, contractual notification periods stated in the Terms & Conditions may apply.

7. Tracking and Notifications

Where Pharmabinoid arranges shipping, tracking information will normally be sent to the email address or contact details provided with the order.

Customers are responsible for providing accurate and up-to-date contact and delivery information.

Pharmabinoid is not responsible for delays caused by inaccurate or outdated information supplied by the customer, without prejudice to mandatory consumer rights.

8. Relationship With Other Policies

This Shipping Policy should be read together with our:

• Terms & Conditions;
• Return Policy; and
• Privacy Policy.

In the event of a conflict between this Shipping Policy and mandatory consumer law, mandatory consumer law prevails.