Terms and Conditions – 123Smartshop

Version: 2.1
Last updated: 18-06-26

These Terms and Conditions apply to all offers, orders, purchases and agreements made through 123Smartshop.com.

Please read these Terms and Conditions carefully before placing an order.

1. Company Information

123Smartshop is operated by:

LDM Concepts
Aalsterweg 283
5644 RE Eindhoven
The Netherlands

Trade name: 123Smartshop
Website: 123smartshop.com
Email: info @ 123smartshop . com
Chamber of Commerce number: 17218008
VAT number: NL001686184B67

The agreement is concluded with LDM Concepts, trading as 123Smartshop.

2. Definitions

In these Terms and Conditions, the following definitions apply:

Seller / Entrepreneur: LDM Concepts, trading as 123Smartshop.
Customer / Buyer: any natural person or legal entity placing an order through the webshop.
Consumer: a natural person acting for purposes outside their trade, business, craft or profession.
Business Customer: a customer acting in the course of a trade, business, craft or profession.
Agreement: any agreement between the seller and the buyer relating to products ordered through the webshop.
Products: all products offered through the webshop, including seedshop, headshop, wellness, botanical, ritual, smartshop and related products.
Webshop: the online store accessible via 123Smartshop.com and any subdomains or successor domain names.

3. Applicability

These Terms and Conditions apply to:

• all use of the webshop;
• all offers and product listings;
• all orders placed through 123Smartshop.com;
• all agreements concluded between the seller and the buyer.

By placing an order, the buyer agrees to these Terms and Conditions.

Any deviations from these Terms and Conditions are only valid if agreed in writing by the seller.

If any provision of these Terms and Conditions is found to be invalid, void or unenforceable, the remaining provisions shall remain fully valid and enforceable.

4. Age Restriction – 18+

123Smartshop is intended for adults only.

By using the website and placing an order, the buyer confirms that they are 18 years of age or older.

The seller reserves the right to request age verification, refuse an order, cancel an order or refuse delivery if there is reason to believe that the buyer does not meet the age requirement.

Products must be kept out of reach of children and minors.

5. Offers, Product Information and Availability

All offers are non-binding and subject to availability.

The seller makes every reasonable effort to display accurate product descriptions, prices, images, specifications and availability. However, obvious errors, mistakes or incorrect information do not bind the seller.

Product images are for illustrative purposes only. Packaging, labels, appearance, branding or product presentation may differ from the images shown on the website.

The seller may modify, update or remove products from the webshop at any time.

Product availability may differ per country due to local laws, carrier restrictions, supplier limitations, payment provider rules or the seller’s internal compliance policy.

6. Legal Status and Country Restrictions

123Smartshop operates from the Netherlands.

The legal status of certain products may differ per country and may change over time. Products that may be legally sold in the Netherlands may be restricted, regulated or prohibited in other countries.

The buyer is solely responsible for checking, before placing an order, whether the ordered products are legal to:

• import;
• possess;
• purchase;
• receive;
• transport;
• use;
• resell, where applicable,

in the country of destination.

Product visibility or availability on the website does not guarantee that a product is legal in the buyer’s country.

123Smartshop does not provide legal advice regarding the laws of other countries.

The seller reserves the right to refuse, cancel, restrict or modify any order if the seller believes that shipment may involve legal, operational, payment, carrier or compliance risks.

At this moment, not all country-based product restrictions may be technically enforced on the website. This means that some products may be visible even if they are restricted or regulated in certain countries. The buyer remains responsible for checking local laws before ordering.

7. Checkout Confirmation

During checkout, the buyer may be required to confirm the following:

“I confirm and declare that I am 18 years of age or older, that I have independently verified that the ordered products are legal to import, possess, and use in my country of destination, and that I agree to the Terms and Conditions, Shipping Policy, and Legal Status Disclaimer. I understand that product visibility on the website does not guarantee legality in my country.”

The seller may store confirmation logs, including timestamp, IP address, order number and the applicable version of these Terms and Conditions.

8. Formation of the Agreement

The agreement is formed when:

1. the buyer places an order through the webshop; and
2. the seller confirms the order electronically or starts processing the order.

The seller reserves the right to refuse or cancel an order after placement, including but not limited to cases involving:

• suspected unlawful use;
• suspected destination-country restrictions;
• payment risk;
• stock issues;
• incorrect pricing or product information;
• suspected fraud;
• carrier or compliance restrictions.

If an order is cancelled before shipment and payment has already been received, the eligible amount will be refunded using the original payment method where possible.

9. Prices and Payment

All prices are stated in euros and include VAT, unless stated otherwise.

Shipping costs, payment fees and any additional costs are shown during checkout before the order is placed.

Payment must be made using the payment methods offered during checkout.

The seller may change prices at any time. Price changes do not affect orders that have already been confirmed, unless there is an obvious error.

Products remain the property of the seller until full payment has been received.

10. Delivery and Shipping

Orders are shipped to the delivery address provided by the buyer.

The buyer is responsible for providing complete and accurate shipping details. The seller is not responsible for delivery issues caused by incorrect, incomplete or outdated address details provided by the buyer.

Delivery times are estimates only and are not guaranteed.

Delays may occur due to:

• carrier delays;
• customs checks;
• public holidays;
• peak periods;
• incorrect address details;
• failed delivery attempts;
• force majeure;
• local delivery issues.

Exceeding an estimated delivery time does not automatically entitle the buyer to compensation.

For consumers, the risk of loss or damage transfers to the buyer when the product has been delivered to the buyer or a third party designated by the buyer, unless mandatory law provides otherwise.

For business customers, risk transfers when the goods are handed over to the carrier, unless agreed otherwise.

11. Discreet Shipping

123Smartshop ships orders discreetly where possible.

Packaging does not display product names or obvious references to the contents of the parcel.

Tracking information will be provided where available.

12. International Shipping, Customs and Import Restrictions

For international orders, the buyer is responsible for ensuring that the ordered products comply with all applicable laws and regulations in the destination country.

The seller is not responsible for:

• customs inspections;
• customs seizure;
• refusal of delivery;
• destruction of goods;
• import restrictions;
• fines;
• local enforcement actions;
• delays caused by customs or authorities;
• legal consequences in the buyer’s country.

If a parcel is seized, refused, destroyed or held by customs or authorities due to local laws or import restrictions, no refund or replacement is guaranteed, unless mandatory consumer law provides otherwise or the seller is demonstrably responsible.

Any customs duties, import taxes, local fees or administrative charges are the responsibility of the buyer.

13. Incorrect Address, Refused Delivery and Non-Collection

If a parcel cannot be delivered due to an incorrect or incomplete address, refusal of delivery, failed delivery attempts or non-collection, the seller may charge additional shipping costs for reshipment.

Refunds or replacements are not guaranteed in these cases.

If a parcel is returned to the seller, the seller will review the situation and may decide whether a reshipment, partial refund or cancellation is appropriate.

14. Buyer’s Duty to Inspect the Delivery

The buyer must inspect the order upon receipt.

Visible damage, missing items or incorrect products should be reported as soon as possible, preferably within 48 hours after delivery.

The report should include:

• order number;
• description of the issue;
• clear photos of the product and packaging where relevant.

Failure to report an issue within a reasonable time may affect the seller’s ability to investigate or provide a solution.

15. Right of Withdrawal for Consumers

If the buyer is a consumer, the statutory right of withdrawal applies in principle.

The consumer has the right to withdraw from the agreement within 14 days without giving any reason, unless an exception applies.

The withdrawal period starts on the day after the consumer, or a third party designated by the consumer, receives the product.

To exercise the right of withdrawal, the consumer must inform the seller by a clear statement, for example by email.

After notifying the seller of withdrawal, the consumer must return the product within 14 days.

The seller may withhold reimbursement until the products have been received back or until the consumer has provided proof of return shipment, whichever occurs first.

16. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply, or may lapse, for products including but not limited to:

• sealed products that are not suitable for return for reasons of health protection or hygiene if the seal has been broken after delivery;
• consumable products that have been opened or used;
• products that deteriorate quickly or have a limited shelf life;
• products that are made to the buyer’s specifications;
• products that, after delivery, are inseparably mixed with other goods;
• products excluded from return under applicable law.

Returned products must be unused, undamaged and, where reasonably possible, in the original packaging.

The buyer is responsible for any reduction in value caused by handling the product beyond what is necessary to determine its nature, characteristics and functioning.

17. Return Costs and Refunds

Unless agreed otherwise, return shipping costs are borne by the buyer.

If the consumer validly exercises the right of withdrawal, the seller will refund the eligible payment, including standard delivery costs where required by law, within the statutory period.

Additional costs resulting from the buyer choosing a more expensive delivery method than the standard delivery method are not reimbursed.

Refunds are normally made using the same payment method used for the original transaction, unless agreed otherwise.

18. Legal Guarantee and Product Conformity

The seller is responsible for delivering products that conform to the agreement.

Consumers have statutory rights if a product is defective, damaged or not as described, in accordance with applicable consumer law.

This does not affect statutory consumer rights.

The buyer must use products in accordance with the product information, warnings, labels and instructions.

The seller is not responsible for defects or damage caused by:

• improper use;
• unsafe use;
• incorrect storage;
• modification of products;
• use contrary to warnings or instructions;
• normal wear and tear;
• use in violation of applicable laws.

19. Product Use, Warnings and Responsibility

Products are sold only for lawful purposes where permitted.

The buyer is fully responsible for reading and following all product information, warnings, instructions, labels and safety guidelines.

The seller does not provide medical advice, legal advice or professional health advice.

If the buyer is pregnant, nursing, taking medication, has a medical condition or has health concerns, the buyer should consult a qualified healthcare professional before using any supplement, botanical, wellness or consumable product.

Individual effects may vary. The seller does not guarantee specific results, effects or outcomes from any product.

Products must be stored in a cool, dry and dark place unless otherwise stated on the product label.

Products must be kept out of reach of children and pets.

20. Resale and Commercial Use

Unless expressly agreed in writing, products are sold for personal use only.

The buyer is responsible for ensuring that any resale, distribution or commercial use complies with all applicable laws and regulations.

The seller may refuse orders where it suspects unauthorised resale, unlawful use or increased legal or operational risk.

21. Liability

The seller is only liable for direct damage resulting from an attributable breach of the agreement, intent or gross negligence, subject to mandatory law.

The seller is not liable for:

• indirect damage;
• consequential damage;
• loss of profit;
• loss of revenue;
• loss of business;
• loss of data;
• reputational damage;
• damage caused by incorrect or unsafe use;
• damage caused by use contrary to warnings or instructions;
• damage resulting from local laws, customs actions or import restrictions.

If liability is established, it is limited to the invoice amount of the relevant order, unless mandatory law provides otherwise.

Nothing in these Terms and Conditions excludes or limits liability where such exclusion or limitation is not permitted under applicable law.

22. Indemnification

The buyer indemnifies the seller against all third-party claims, damages, fines, losses, liabilities and costs arising from:

• unlawful import, possession, use, resale or distribution of products;
• violation of local laws or regulations;
• incorrect information provided by the buyer;
• use of products contrary to warnings, instructions or applicable law;
• resale or redistribution of products without proper legal compliance.

This indemnification applies to the extent permitted by law.

23. Force Majeure

The seller is not obliged to fulfil its obligations if prevented from doing so by force majeure.

Force majeure includes, but is not limited to:

• carrier disruptions;
• customs delays or seizures;
• strikes;
• illness;
• fire;
• natural disasters;
• pandemics;
• government measures;
• import or export restrictions;
• supplier issues;
• internet failures;
• payment provider failures;
• technical failures;
• war, terrorism or civil unrest.

In case of force majeure, the seller may suspend performance, cancel the order or terminate the agreement without being liable for compensation, unless mandatory law provides otherwise.

24. Privacy

The seller processes personal data in accordance with applicable privacy laws, including the General Data Protection Regulation (GDPR).

For more information, please see the Privacy Policy on the website.

The buyer is responsible for providing accurate personal and shipping information.

25. Intellectual Property

All content on the webshop, including texts, images, logos, designs, product descriptions, graphics, layouts and other materials, is owned by the seller or its licensors.

No content may be copied, reproduced, distributed, modified or used commercially without prior written permission from the seller.

26. Reviews and User Content

If customers submit reviews, comments or other content, they are responsible for ensuring that such content is lawful, accurate and does not infringe third-party rights.

The seller may remove or refuse content that is unlawful, misleading, offensive, promotional, abusive or otherwise inappropriate.

27. Complaints Procedure

Complaints may be submitted via the contact details listed on the website.

The complaint should include:

• order number, if applicable;
• clear description of the complaint;
• relevant photos or documents, if applicable.

The seller aims to respond to complaints within 14 days.

If more time is needed to investigate a complaint, the seller will inform the buyer.

28. Disputes and Applicable Law

These Terms and Conditions and all agreements between the seller and the buyer are governed by Dutch law.

If the buyer is a consumer residing in the EU, this choice of law does not affect mandatory consumer protection rights under the law of the consumer’s country of residence.

Disputes shall be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.

29. Changes to These Terms and Conditions

The seller may amend these Terms and Conditions at any time.

The most recent version will be published on the website.

The version applicable at the time of placing the order applies to that order.

By placing an order after an update, the buyer accepts the latest version of these Terms and Conditions.

30. Final Provisions

If any provision of these Terms and Conditions is invalid, void or unenforceable, the remaining provisions shall remain valid.

Invalid provisions will be replaced by valid provisions that most closely reflect the original purpose.

These Terms and Conditions are available on the website and may be saved or printed by the buyer.