1. Schengen Context and Legal Compliance
- The Schengen Agreement primarily pertains to the free movement of persons by eliminating internal border checks among member states. It does not guarantee the unrestricted movement of all goods, especially those that fall under specific national regulations (such as cannabis and related products).
- Laws governing cannabis, CBD, THCA, and other derivatives vary significantly by country and may be subject to rapid changes or evolving precedents.
- The Supplier (CannaXtrade) reserves the right to refuse or restrict shipments to any region or country—within or outside of the EU—if, in the Supplier’s assessment of the legal landscape, the contents of an order may not be compliant or if legality is uncertain or in a “grey zone.”
2. Product-Specific Restrictions
- Some products may be legal in one EU country but prohibited in another (e.g., flower products with 0,3% THC in Italy or Czechia but not in Sweden).
- Even within the same country, certain formats (e.g., flower vs. isolate, extract, or dab) may be regulated differently. The Supplier follows strict internal compliance policies, which may result in specific items not being shipped to certain destinations.
3. Buyer’s Responsibility
- While the Supplier makes every effort to stay informed about current regulations, the Buyer is responsible for verifying the legality of ordered products in their destination.
- Any disputes or claims arising from changes in law or legal interpretation in the Buyer’s region will not alter these policies or the Supplier’s obligations.
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Transfer of Risk
Unless otherwise agreed in writing, risk of loss or damage to the goods passes to the Buyer at the moment the goods are handed over to the courier, freight forwarder, or other third-party carrier for shipment, regardless of whether the transport is arranged by the Supplier or the Buyer.
Once the goods are in the custody of the carrier, the Supplier shall bear no further risk for loss, damage, or delay during transport.
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Carrier Liability and Applicable Law
All shipments are subject to the international conventions governing transport: - Road transport is governed by the CMR Convention (Convention on the Contract for the International Carriage of Goods by Road).
- Air transport is governed by the Montreal Convention.
The Buyer acknowledges that under these conventions, the carrier’s liability is limited (typically to 8,33 SDR/kg for road and 19 SDR/kg for air), and that any claim exceeding this must be covered by insurance.
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Insurance
The Supplier does not insure shipments beyond the carrier’s standard liability. If the Buyer wishes for full-value coverage, it is the Buyer’s responsibility to request insurance in advance and bear the associated costs. -
Inspection and Claims
The Buyer must inspect the goods immediately upon delivery. Any claim for visible damage or shortage must be submitted in writing to the Supplier and the carrier within 7 calendar days of receipt. Claims for concealed damage must be made no later than 14 calendar days after delivery.
The Supplier is not obligated to act on claims submitted beyond these deadlines.
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Loss or Delay in Transit
If the goods are not delivered within the expected timeframe, the Buyer must notify the Supplier no later than 14 days from the estimated delivery date. The Supplier will assist in initiating a claim with the carrier but accepts no liability for delays, indirect damages, or business interruption due to late or missing shipments. -
Limitation of Liability
The Supplier’s total liability for goods lost or damaged in transit shall be limited to the compensation received from the carrier. The Supplier shall not be liable for indirect or consequential losses, including but not limited to lost profits, loss of business, or reputational harm.
Acceptance of Terms
By placing an order, the Buyer acknowledges and agrees to these Shipment Terms, including any updates or amendments posted by the Supplier from time to time. The Buyer is encouraged to review these terms regularly to stay informed about any changes.