Article 1: Definitions

1.1. In these Terms and Conditions, the following terms are used in the following meanings, unless otherwise indicated
1.2. SmokingHotXL is a trade name of JD Distribution.
1.3. The buyer: The natural person (18+) who is not acting in the course of a profession or business and enters into an agreement with the seller (SmokingHotXL).
1.4. Seller (SmokingHotXL): The provider of products including cannabis or psychoactive seeds, growkits (mushrooms), magic truffles, herbs, vitamins, cacti, and other mind-altering substances, as well as various related smoking accessories, to the buyer.
1.5. Offer: Any written offer to the buyer for the supply of Products by the Seller.
1.6. Agreement: The (purchase) agreement that pertains to the sale and delivery of products that have been purchased by the buyer from SmokingHotXL.
1.7. Website: www.smokinghotxl.nl & www.smokinghotxl.com

Article 2: Applicability

2.1. These Terms and Conditions apply to every offer and price quotation made by SmokingHotXL, as well as to every agreement between SmokingHotXL and the buyer, and to all products offered by SmokingHotXL.
2.2. Before entering into an agreement (online), the buyer will have access to these Terms and Conditions. If it is not possible to provide the buyer with immediate access to these Terms and Conditions, SmokingHotXL will indicate to the buyer how they can view the Terms and Conditions, which are published on the SmokingHotXL website, so that the buyer can read and save the Terms and Conditions on their operating system.
2.3. If specific product and/or service conditions are applicable in addition to these Terms and Conditions, the buyer may always rely on the applicable provision that is most favorable to them in case of conflicting conditions.
2.4. These Terms and Conditions also apply to supplementary, amended, and subsequent agreements with the buyer.
2.5. If one or more provisions of these Terms and Conditions are partially or entirely invalidated or declared invalid, the remaining provisions of these Terms and Conditions shall remain in effect, and the invalidated provision shall be replaced by a provision with the same intent as the original provision.
2.6 Ambiguities regarding the interpretation of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.”

Article 3: Offer

3.1. All offers published by SmokingHotXL are without obligation, unless formally indicated otherwise in writing. If the offer from SmokingHotXL is limited or subject to specific conditions, it will be formally stated in the offer A quotation exists only when it has been put in writing.
3.2. SmokingHotXL is only bound to an offer if the buyer has confirmed this in writing However, SmokingHotXL has the right to refuse an agreement with a potential buyer for a legitimate reason for SmokingHotXL.
3.3. The offer contains a complete and accurate description of the offered product and the corresponding prices. The description is detailed enough to enable the buyer to properly evaluate the offer. Mistakes or errors in the offer cannot bind SmokingHotXL. Images, descriptions, and specific data in the offer are only indicative and cannot be a reason for compensation or termination of the agreement. SmokingHotXL cannot guarantee that the images, colors, or packaging exactly match the delivered product.
3.4. Delivery times in the offer of SmokingHotXL are an indication and do not give the buyer the right to termination or compensation in case of exceeding them, unless formally agreed otherwise.
3.5. A composite quotation does not oblige SmokingHotXL to deliver a part of the items included in the offer for a corresponding part of the stated price.
3.6. Offers do not apply to reorders. Offers are only valid while stocks last. Unless otherwise agreed upon by SmokingHotXL.
3.7. SmokingHotXL has the right to cancel or refuse orders or placed orders without giving any reason. A refusal or cancellation does not entitle the buyer to compensation or any other form of compensation for the refusal of the order.

Article 4: Realization of the agreement

4.1. The agreement comes into effect at the moment the buyer has accepted an offer from SmokingHotXL.
4.2. An offer can be made by SmokingHotXL through telephone, email, and/or through the webshop.
4.3. If the buyer has accepted the offer by concluding an agreement with SmokingHotXL or by directly paying for the products, SmokingHotXL will confirm the commitment to the buyer in writing by email.
4.4. If the acceptance deviates from the offer included in the quotation and/or invoice with regard to the following points, SmokingHotXL is not bound by it. The buyer must pay the entire quotation and/or invoice, unless the buyer can demonstrate in writing that a different agreement has been made.
4.5. SmokingHotXL is not bound to an offer if the buyer could reasonably have expected or should have understood that the offer contained an obvious mistake. SmokingHotXL cannot derive any rights from such a mistake or clerical error.
4.6. SmokingHotXL may (within legal limits) verify whether the buyer is able to meet its payment obligations and whether it is reasonable to enter into the agreement (remotely). If there are good reasons based on this to not enter into the agreement, SmokingHotXL is authorized to refuse an order.
4.7. The buyer may terminate the agreement free of charge within 14 days. The period begins on the day after the buyer received the product. If SmokingHotXL has incurred costs to fulfill the obligation, the buyer is obliged to pay these costs, including the applicable shipping costs.
4.8. If the buyer wishes to exercise his/her right of withdrawal, he/she is obliged to notify SmokingHotXL of the withdrawal within 14 days after receiving the product.

Article 5: Execution of the agreement

5.1. SmokingHotXL will apply the agreement to the best of its understanding, in accordance with the requirements of good craftsmanship.
5.2. If a good execution of the agreement requires it, SmokingHotXL has the right to have certain activities carried out by third parties at its own discretion.
5.3. The buyer ensures that all data, which SmokingHotXL indicates is necessary or which the buyer should reasonably understand is necessary for the proper execution of the agreement, is provided to SmokingHotXL in a timely manner. If the data required for the execution of the agreement has not been provided to SmokingHotXL in a timely manner, SmokingHotXL has the right to postpone the execution of the agreement and/or to charge the additional costs resulting from the delay to the buyer according to the applicable rates.
5.4. SmokingHotXL is not liable for damages that have arisen because SmokingHotXL assumed incorrect and/or incomplete data provided by the buyer, unless SmokingHotXL was aware of this inaccuracy.
5.5. The buyer indemnifies SmokingHotXL against any claims from third parties who suffer damages in connection with the execution of the agreement and for which the buyer is responsible.

Article 6: Delivery

6.1. Delivery takes place in principle from the warehouse of SmokingHotXL where the ordered goods are also stored. When specifying delivery times, SmokingHotXL assumes that there are no circumstances that will delay timely delivery. Exceeding the specified delivery times will be communicated to the buyer as soon as possible. All indicated delivery times are indicative and are never fatal.
6.2. If the start, progress, or delivery of the products is delayed because, for example, the buyer has not provided all the requested information on time, does not cooperate correctly, the (down) payment has not been received on time by SmokingHotXL, or due to other circumstances that are the responsibility and risk of the buyer, SmokingHotXL is entitled to an appropriate extension of the delivery period. All agreed delivery times are never fatal deadlines, and exceeding them does not entitle the buyer to compensation. The buyer must notify SmokingHotXL in writing of the default and give SmokingHotXL an appropriate period to still be able to deliver.
6.3. The buyer is obliged to take possession of the goods at the time they are made available to him/her according to the agreement.
6.4. If the buyer refuses to take delivery or for any reason fails to receive or is late in providing information or instructions necessary for delivery, SmokingHotXL has the right to store the goods for a maximum of one month at the expense and risk of the buyer. Administrative costs may also be charged for this. In such a case, the buyer is obliged to insure and keep insured the delivery until shipment or delivery can still take place. In the event of the above situation, delivery will take place again after one month has elapsed, either in consultation with the buyer or not.
6.5. If the goods are delivered by SmokingHotXL or an external carrier, SmokingHotXL will, unless agreed otherwise in writing, charge any delivery costs. These will then be invoiced separately. The delivery costs are for the account of the buyer.
6.6. Delivery takes place up to the front door of the buyer, unless otherwise agreed. To the extent that it is agreed that delivery and placement in the premises of the buyer must take place, this is entirely at the risk of the buyer, regardless of what has been agreed for the calculation of the delivery costs.
6.7. If SmokingHotXL requires data from the buyer in connection with the execution of the agreement, the delivery period commences after the buyer has made this data available to SmokingHotXL.
6.8. SmokingHotXL has the right to deliver ordered goods under coverage. The costs are for the account and risk of the buyer.
6.9. SmokingHotXL is authorized to deliver the goods in parts, unless deviated from in the agreement or the partial delivery has no independent value. SmokingHotXL is authorized to invoice the delivered goods separately.
6.10. If delivery of a product is not possible, SmokingHotXL will do its utmost to provide a replacement product. The buyer will be informed in a clear and understandable manner that a replacement product will be delivered for delivery. Any return costs for replacement products are for the account of the buyer.
6.11. SmokingHotXL reserves the right to refuse delivery if there is a well-founded fear and/or reason for non-payment.

Article 7: Packaging and transport

7.1. SmokingHotXL undertakes with regard to the buyer to pack the goods to be delivered properly and to secure and/or seal them in such a way that the products reach their destination in good condition during normal use and transport.
7.2. Unless agreed otherwise in writing, all deliveries, including value-added tax (VAT), including packaging and packaging materials, are made from the warehouse.
7.3. Acceptance of goods without comments on the receipt serves as evidence that the packaging was in good condition at the time of delivery.
7.4. Each buyer is recognized to have the required import and/or payment permits, if any. The absence of these permits does not exempt the buyer from the obligation to take delivery of the goods in the agreed manner. If the goods are not sold by SmokingHotXL with clearance, a buyer cannot be deprived of the right to cancel the order/purchase. Likewise, any adjustment of quality requirements and/or objections made by third parties against the goods on the grounds of trademarks, patents, and other rights cannot deprive the buyer of the right to cancel the order.

Article 8: Complaints & Inspection

8.1. The buyer is obliged to inspect the delivered goods at the time of (delivery), but in any case within 7 days after receipt of the delivered goods. However, he may only unpack or use the goods to the extent necessary to assess whether he wishes to keep the product. In doing so, the buyer must examine whether the quantity and quality of the delivered goods correspond to the agreement and whether the products meet the requirements applicable to them.
8.2. The buyer is obliged to examine how the product should be used, to personally test and use the product in accordance with the instructions for use, and to assess the medical risks associated with the product. SmokingHotXL does not acknowledge any liability arising from incorrect use of the product by the buyer.
8.3. The buyer must investigate whether the shipment of the product complies with all laws and regulations of the country of receipt. The buyer is responsible for complying with local laws and regulations, customs rules, and the costs associated with them.
8.4. Any visible deficiencies or shortages must be reported in writing to SmokingHotXL within 7 working days of delivery at support@smokinghotxl.com. If such a defect is not reported to SmokingHotXL within this period, the right to complaint regarding visible defects shall lapse. In the case of damage to the product due to improper handling by the buyer himself, the buyer is responsible for any depreciation of the product.
8.5. Any invisible deficiencies, defects that the buyer did not discover during thorough inspection of the received goods and could not have discovered, must be reported to SmokingHotXL in writing at support@smokinghotxl.com after discovery of such defect. If complaints are not made immediately with respect to discovered invisible defects, the buyer’s right to complain regarding those defects shall lapse.
8.6. If the buyer exercises his right to complain, he shall return the product and all accessories, as far as possible, in its original condition and packaging to SmokingHotXL, with relevant supporting evidence, so that the representative of SmokingHotXL concerned is immediately given the opportunity to check the submitted complaints.
8.7. The buyer cannot make any complaints regarding goods that he has already sold.
8.8. The buyer cannot complain about products that are excluded from revocation for hygiene and shelf life reasons, provided that these products are in their sealed and original packaging and have not been used.
8.9. The buyer has no right to complain if there are minor allowable deviations. 8.10. Complaints or claims regarding a part of the delivered goods can never be a reason for rejection of the entire delivery.
8.11. The buyer may not return delivered goods, except on the basis of recognized complaints by SmokingHotXL and with prior written permission from SmokingHotXL. Returns can be sent to the official address of the establishment. The shipping costs of the return are at the expense of the buyer.
8.12. If a crediting of the purchase amount by SmokingHotXL is involved, it will be carried out as soon as possible. Payment will be made within 30 days of receipt of the return shipment. Crediting will be done to the purchasing account number.

Article 9: Prices

9.1. During the validity period of the offer, the prices of the offered products will not be increased, except in the case of changes in VAT rates.
9.2. The prices stated in the offer are inclusive of VAT, other government levies, packaging costs, and administrative costs. The shipping and any transportation and customs clearance costs are not included, unless expressly stated otherwise.
9.3. If, after the conclusion of the agreement but before the agreed date of delivery, the prices of auxiliary materials, raw materials, parts, wages or other price-determining factors have changed, SmokingHotXL is entitled to adjust the purchase price accordingly, but not until three months have elapsed since the conclusion of the agreement. The above provision does not affect SmokingHotXL’s authority to pass on price increases in accordance with legal regulations and to increase the offer price accordingly at any time.
9.4. Price increases resulting from additions and/or changes to the agreement are at the expense of the buyer.
9.5. SmokingHotXL provides the buyer with a detailed invoice regarding the agreement following the placed order or the specified order.
9.6. All prices provided by SmokingHotXL are subject to printing and typesetting errors. The buyer cannot derive any rights or expectations from possible consequences of these errors. SmokingHotXL is not obliged to deliver according to the incorrect price.

Article 10: Collection Policy & Payment

10.1. Payment must be made in advance, unless payment upon delivery has been established, in a manner indicated by SmokingHotXL in the currency in which the invoice was issued. Objections to the amount of the invoices do not suspend the payment obligation.
10.2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
10.3. The buyer must pay these costs in one instalment to the account number and details of SmokingHotXL made known to him/her. Except in special circumstances, the buyer can only agree on a further period in which the amount due must be paid, or can agree on cash payment, after explicit and written approval from SmokingHotXL. The use of the possibility of (cash) payment via shipment is at the expense and risk of the buyer. SmokingHotXL is not responsible for an unsafe receipt of the full amount.
10.4. In the event of liquidation, bankruptcy, seizure or suspension of payment of the buyer, SmokingHotXL’s claims against the buyer become immediately due and payable.
10.5. SmokingHotXL has the right to apply the payments made by the buyer in the first place to reduce the costs, then to reduce the outstanding interest, and finally to reduce the principal amount and the current interest. SmokingHotXL can refuse an offer of payment without being in default, if the buyer designates a different order for the allocation. SmokingHotXL can refuse full repayment of the principal amount if the outstanding and current interest and costs are not paid in the same way.
10.6. If the buyer fails to meet his payment obligation and has not fulfilled his obligation within the payment term of 14 days, the buyer is in default.
10.7. From the date that the buyer is in default, SmokingHotXL will claim the statutory (commercial) interest from the first day of default until full payment without further summons and compensation for the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the scale from the Decree on Compensation for Extrajudicial Collection Costs of 1 July 2012.
10.8. If SmokingHotXL has incurred additional or higher costs that are equally necessary for the payment of the agreement, these costs are eligible for reimbursement by the buyer. Legal and enforcement costs incurred are also at the expense of the buyer.

Article 11: Retention of Title

11.1. All goods delivered by SmokingHotXL remain the property of SmokingHotXL until the buyer has fulfilled all obligations arising from all agreements concluded with SmokingHotXL.
11.2. The buyer is not authorized to resell or in any other way obstruct the goods falling under retention of title.
11.3. If third parties seize the goods delivered under retention of title or want to establish or assert rights on them, the buyer is obliged to inform SmokingHotXL thereof.
11.4. The buyer is obliged to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft, and to make the policy of this insurance available for inspection upon first request.
11.5. The goods delivered by SmokingHotXL, which fall under retention of title on the basis of the first paragraph of this provision, may only be resold within the normal course of business and never be used as a means of payment.
11.6. In the event that SmokingHotXL wishes to use its property rights indicated in this article, the buyer now already gives unconditional and irrevocable approval to SmokingHotXL or third parties designated by it to enter all those places where SmokingHotXL’s possessions are located and to immediately take back those goods without any authorization or consent from the buyer or any judicial authority.
11.7. SmokingHotXL has the right to retain the product(s) purchased by the buyer if the buyer cannot (fully) meet his payment obligations, regardless of an obligation to deliver or release from SmokingHotXL. This also applies in the event of the buyer’s bankruptcy. After the buyer has fulfilled its obligations, SmokingHotXL will deliver the purchased products as soon as possible, but no later than within 14 working days, to the buyer.
11.8. The costs and any damages resulting from the retention of the purchased products are the responsibility and risk of the buyer and will be reimbursed to SmokingHotXL by the buyer upon first request.

Article 12: Warranty

12.1. SmokingHotXL only sells products that are not on List I & II of the Opium Act. n addition, SmokingHotXL imposes restrictions on sales: a buyer can purchase a maximum of 10 (cannabis) seeds (for us, the limit for professional use).
12.2. SmokingHotXL takes all expected measures of fairness to ensure the quality and goodness of its products, but does not guarantee the existence of any defects in the delivered goods.
12.3. To the extent that any warranty has been given, it applies to the warranty provided by the producer or manufacturer.
12.4. Information provided by SmokingHotXL through its website or via employees on the phone, email or any other means of communication is for informational purposes only and should not be considered as medical advice.
12.5. SmokingHotXL is never liable for the suitability of the products for any individual application by the buyer and for (advice on) the use or application of the products by the buyer.
12.6. If the goods to be delivered do not comply with these warranties, SmokingHotXL will, within a reasonable period of time after receipt thereof, either replace or repair the goods, if return is not reasonably possible, after written notice from the buyer regarding the defect. After SmokingHotXL has determined that the buyer is rightfully claiming the warranty, SmokingHotXL will replace or repair the relevant product. In case of replacement, the buyer will credit the item to be replaced to SmokingHotXL (at the expense of the buyer) and provide ownership of it to SmokingHotXL.
12.7. Any missing or incorrectly delivered products must be reported in writing to SmokingHotXL within 14 days after delivery. Returning is only possible with regard to products that are still in new condition and in the original packaging or whose shelf life has not expired. Products that have been opened and/or used will not be refunded because they cannot be sold as new anymore.
12.8. The above-mentioned warranty does not apply if the defect has arisen as a result of unreasonable or improper use or if, without written permission from SmokingHotXL, the buyer or third parties have made changes or attempted to make changes to the product, or have used it for purposes for which it is not intended, or have exposed it to exceptional circumstances or treated it in violation of SmokingHotXL’s instructions.

Article 13: Termination and dissolution

13.1. SmokingHotXL is authorized to suspend the fulfillment of obligations or to terminate the agreement if the buyer does not or does not fully comply with the (payment) obligations under the agreement.
13.2. Furthermore, SmokingHotXL is authorized to dissolve the existing agreement(s) between it and the buyer, insofar as these have not yet been fulfilled, without judicial intervention, provided that the buyer does not comply with the obligations arising from any agreement concluded with SmokingHotXL in a timely or proper manner, as well as in case of the buyer’s bankruptcy.
13.3. Moreover, SmokingHotXL is authorized to terminate the agreement without prior notice if circumstances arise that are of such a nature that compliance with the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances arise that are of such a nature that unaltered maintenance of the agreement cannot be reasonably expected.
13.4. If there is a suspicion that SmokingHotXL is supplying to a natural person under the age of 18, or to a person acting in the course of a profession or business, or to a person using the products for purposes other than personal use, SmokingHotXL is at all times entitled to terminate the agreement immediately. If termination takes place on the basis of the above-mentioned suspicion, the buyer is entitled to a refund of any payments already made.
13.5. If the agreement is terminated, SmokingHotXL’s claims against the buyer become immediately due and payable. If SmokingHotXL defers the fulfillment of obligations, it retains its rights under the law and the agreement.
13.6. SmokingHotXL always retains the right to claim damages.

Article 14: Liability

14.1. If the execution of the agreement by SmokingHotXL leads to liability of SmokingHotXL towards the buyer or third parties, that liability is limited to the costs charged by SmokingHotXL in connection with the assignment, in relation to the direct damage. In any case, liability is limited to the amount of damage that will be reimbursed by the insurance company at the maximum.
14.2. SmokingHotXL’s liability is at all times limited to the free repair of a defective product or the compensation of that product – or a part thereof – at the discretion of SmokingHotXL.
14.3. The buyer has a duty to investigate and is responsible for informing himself/herself about the purchase, use, operation and possible health risks of the products supplied and the relevant legislation, such as the Opium Act.
14.4. SmokingHotXL does not acknowledge any liability for, in any case, the following situations: physical and/or mental complaints (including but not limited to: dizziness, palpitations, headaches, confusion, inducing a psychosis); reduced reaction ability; other personal injury and/or becoming unable to work as a result of defects in the product. The product not having the expected/desired feeling and/or effect; unexpected harvest results. The products cannot in any way be considered as medicine and/or a replacement for (already started) medical treatment(s) and/or medical advice.
14.5. The products offered by SmokingHotXL should never be used in combination with alcohol, supplements, medication, antidepressants (MAO inhibitors, SNRIs, SSRIs and TCAs) and/or other (medicinal) products with similar effects. If the buyer uses the products in combination with alcohol, medication, supplements and antidepressants, SmokingHotXL does not accept any responsibility in any case.
14.6. SmokingHotXL is not responsible for indirect damage, business damage, consequential damage, loss of profit and/or loss suffered, missed savings and damage due to business interruption.
14.7. Only a responsible shortcoming in the fulfillment in case of guarantees agreed by SmokingHotXL with regard to the functionality and quality of the delivered products, limited liability is acknowledged.
14.8. SmokingHotXL is not responsible for damage that is the result of or may be the result of any action or omission based on (incomplete) information from employees, the website, or any linked websites.
14.9. SmokingHotXL is not liable for errors and/or irregularities in the functionality of the website and/or malfunctions or the unavailability of the website for any reason whatsoever (temporarily or otherwise).
14.10. SmokingHotXL is not responsible for the correct and complete transmission of the content of email sent by or on behalf of SmokingHotXL, nor for its timely receipt.
14.11. SmokingHotXL is not responsible for any damage suffered by the buyer in the event that products ordered by the buyer do not comply with the laws and regulations of the country of receipt, as requested by the buyer. SmokingHotXL only sells in compliance with Dutch laws. The buyer must inform himself/herself about compliance with local laws.
14.12. All claims of the buyer due to failure of SmokingHotXL expire if they have not been reported to SmokingHotXL in writing and with motivation within one year after the buyer became aware or could reasonably have become aware of the facts on which he/she bases his/her claims.

Article 15: Transfer of risk

15.1 The risk of loss or damage to the products that are the subject of the agreement passes to the buyer at the moment they are actually delivered to the buyer and are thereby brought into the possession of the buyer or of third parties designated by the buyer.

Article 16: Force Majeure

16.1. SmokingHotXL is not responsible if it is unable to fulfill its obligations under the agreement due to a force majeure situation, nor can SmokingHotXL be held to fulfill any obligation if it is hindered from doing so as a result of circumstances that are not due to its fault and which are not at its expense under the law, a legal act, or applicable opinions in society.
16.2. In any case, force majeure shall mean, but is not limited to, what is understood in law and jurisprudence, (1) force majeure of suppliers of SmokingHotXL, (2) the failure of obligations of suppliers prescribed or recommended by the buyer to SmokingHotXL, (3) deviations from goods, equipment, software or materials of third parties, (4) government measures, (5) power failures, (6) disruptions of internet, data network and telecommunications facilities (for example, due to cybercrime and hacking), (7) natural disasters, (8) war and terrorist attacks, (9) general transport problems, (10) strikes in the company of SmokingHotXL, (11) seizure of any kind and for any reason whatsoever, and (12) other situations that, in the opinion of SmokingHotXL, are beyond its sphere of influence that temporarily or permanently impede compliance with its obligations.
16.3. SmokingHotXL has the right to invoke force majeure if the circumstance that impedes (further) performance occurs after SmokingHotXL should have fulfilled its promise.
16.4. The parties can postpone the obligations under the agreement during the period that force majeure continues. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate the other party for damages.
16.5. Insofar as, at the time of the occurrence of force majeure, SmokingHotXL has already partially fulfilled its obligations under the agreement or will be able to do so, and the fulfilled or to-be-fulfilled part has independent value, SmokingHotXL is entitled to separately invoice the part already fulfilled or to be fulfilled. The buyer is obliged to pay this invoice as if it were a separate agreement.

Article 17: Privacy & Security

17.1. SmokingHotXL handles the (personal) data of the buyer and users of the website carefully and will only use them in accordance with the privacy statement. If requested, SmokingHotXL will inform the party concerned about this. Questions about the processing of personal data and further information can be sent by email to support@smokinghotxl.com.
17.2. If SmokingHotXL is required to provide information security under the agreement, this security will meet the agreed specifications and a level of security that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 18 – Intellectual Property Rights

18.1. All intellectual property rights and copyrights arising from SmokingHotXL are exclusively owned by SmokingHotXL and are not transferred to the buyer.
18.2. The buyer is prohibited from disclosing and/or reproducing, modifying, or making available to third parties any documents on which the intellectual property rights and copyrights of SmokingHotXL rest without specific prior written consent from SmokingHotXL. If the buyer wishes to make changes to the products supplied by SmokingHotXL, SmokingHotXL must expressly agree to the intended changes.
18.3. The buyer is prohibited from using products on which the intellectual property rights of SmokingHotXL rest, other than as agreed in the agreement.

Article 19: Complaints

19.1. If the buyer is not satisfied with the service or products of SmokingHotXL, or has complaints about the purchase agreement, the buyer is obliged to report these complaints as soon as possible, but no later than 14 days after the manifestation of the matter that led to the complaint. Complaints can be reported to support@smokinghotxl.com.
19.2. The complaint must be sufficiently substantiated and/or explained by the buyer for SmokingHotXL to be able to handle the complaint.
19.3. SmokingHotXL will respond to the complaint as soon as possible, but no later than 14 days after receiving the complaint, with a substantive response. If a longer period is required for handling the complaint, the buyer will be informed of this in a timely manner, in any case within the mentioned period of 14 days.
19.4. Both parties will try to come to a solution together.

Article 20: Applicable law

20.1. Dutch law applies to every agreement between SmokingHotXL and the buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
20.2. SmokingHotXL has the right to change these general terms and conditions.
20.3. All disputes arising from or in connection with the agreement between SmokingHotXL and the buyer shall be submitted to the competent court, unless the provisions of mandatory law designate another competent court.