Terms


Cannabis-seed-bank Shipment Terms and Purchase Conditions

General Definition


Art. 1 Specifications

The use of these Terms and Conditions provided by Cannabis-seed-bank is subject to the following terms:

The Buyer :        
Everyone coming to an agreement, or came to an agreement in the past, with Cannabis-seed-bank.

Cannabis-seed-bank:
Cannabis-seed-bank user of these Terms and Conditions, seated and the office at Eindhoven,Bellinistraat nr. 2.

Agreement:
Every agreement between The Buyer and Cannabis-seed-bank involving purchase and sale, in regard to the affairs of Cannabis-seed-bank

Terms and Conditions:
Cannabis-seed-bank Shipment Terms and Purchase Conditions


Art. 2 Applicability Terms and Conditions

Every offer, proposition or other form of Agreement is subject to these Terms and Conditions. These Terms and Conditions cover all consignments and other services following an Agreement.

Buyer, or other acquisition, terms supplements and/or divergence have no share in the Agreement and do not commit Cannabis-seed-bank, unless parties have emphatically agreed to do so.

If these Terms and Conditions are subject to alteration, the modified Terms and Conditions cover every Agreement reached in that period of time, unless The Buyer explicitly indicated not to accept these modified Terms and Conditions, within seven days after receiving the modified Terms and Conditions.


Art. 3 Reaching an Agreement

Propositions and special offers are without engagement, unless explicitly mentioned otherwise.

An Agreement is reached after the order by the Buyer is accepted by Cannabis-seed-bank. By placing an order The Buyer accepts the applicability of these Terms and Conditions. Unless Cannabis-seed-bank explicitly refuses to meet the order, within a period of two weeks after the order is placed, an Agreement is reached.

The Buyer is authorized to dissolve the Agreement without issuing motivation in the first five weekdays after the Agreement is reached. Cannabis-seed-bank accepts only e-mails in this matter.



Art. 4 Force majeure

If Cannabis-seed-bank is not able to deliver the order due to force majeure, Cannabis-seed-bank is dismissed of her duties of the Agreement. In case the force majeure leads to delay of the delivery Cannabis-seed-bank can not be held accountable to deliver within the normal time limit.

Force majeure includes all circumstances in which Cannabis-seed-bank has no influenced nor could have had influence.

The Buyer can only dissolve the Agreement in case the Agreement is unachievable, at least not in the first two months after the Agreement is reached.

Force majeure never leads to compensation of any damages of The Buyer, by a claim addressed to Cannabis-seed-bank.


Art. 5 Liabilities

Cannabis-seed-bank is not liable for damages The Buyer, or third parties, suffer due to deficiencies in products sold by Cannabis-seed-bank.

Cannabis-seed-bank is not liable for damages of The Buyer, or third parties, due to canceled, wrong or late deliveries by Cannabis-seed-bank.

The liability of Cannabis-seed-bank is limited to the value of the products subject to the Agreement.

The terms of limitation for claims against Cannabis-seed-bank is one year after the concerning Agreement is reached.


Art. 6 Payments

The Buyer is charged by Cannabis-seed-bank to the amount coming from the Agreement. The Buyer and Cannabis-seed-bank can agree for cash payments. Payments can only be done on Sannie’s account, without retention and/or deduction. All payments need to be done within the permitted time limit mentioned in the Agreement. All payments need to be done accordingly these Terms and Conditions. In case the Agreement lacks a time limit, payments need to be cleared within ten week days.

Payment at delivery is not accepted.

Cannabis-seed-bank is authorized to pass on price changes to the Buyer. In case of price changes Cannabis-seed-bank will notify the Buyer. The Buyer is authorized to dissolve the Agreement in case of price changes passed on by Cannabis-seed-bank, in the first five weekdays after notification. The Buyer can only notify Cannabis-seed-bank about the canceled Agreement by letter or e-mail.

In case The Buyer relocates or any changes in the billed address, need to be communicated to Cannabis-seed-bank well in front and in written fashion.

The Buyer is not permitted to acquit the obligation to fulfill the bill with other outstanding claims of Cannabis-seed-bank.

Cannabis-seed-bank is permitted to charge a monthly 1 % interest on late or not forthcoming payments, after the day payments are due. Cannabis-seed-bank is permitted to charge at a minimum of 15 % of the total bill of the Agreement in case of judicial of other costs involved with enforcing payments. The later does not influence the claim on The Buyer of real costs involved.

Cannabis-seed-bank is permitted to suspend or cancel shipment of the order in case of outstanding debt of The Buyer. Suspension or cancellation is possible until the Buyer fulfills all debts.

In case of not forthcoming or late payments or other not performed duties by The Buyer, this article does not affect the right for Cannabis-seed-bank to dissolve the Agreement, without stated defaults. Cannabis-seed-bank always maintains the right to reimburse all costs involved with the dissolution of the Agreement.


Art. 7 proprietary laws

Cannabis-seed-bank maintains the proprietary rights to all subjects of the Agreement, in case The Buyer has not fulfilled his duties to payments or otherwise, including claims involving deficiencies by this Buyer.


Art. 8 Warranties

All products in Cannabis-seed-bank include the warranties provided by the producers.

An original calculus is necessary to claim product warranties.

Claims based on corollary damages or otherwise business involved damages can not be addressed to Cannabis-seed-bank unless she is to blame for negligence or intentional blame. These damages include the result of inefficient use or defective commodities.

In case the website of Cannabis-seed-bank or the store is not available for placing orders, no claims can be addressed towards Cannabis-seed-bank.

The Buyer is responsible for his own choice of commodity, the use and in which way it is employed. Cannabis-seed-bank will deliver all reasonable user information, in regards to the Agreement1.

Cannabis-seed-bank treats strict selection of cannabis seeds with the utmost respect and believes in growing cannabis organically. Only products in agreement with Sannie’s beliefs are included in the assortment. Cannabis-seed-bank will make all possible efforts, within reason, to accomplish the fulfillment of The Buyers requirements according to the mentioned basic principles.


Art. 9 Shipments

All packages are delivered in discrete form and are usually delivered by regular mail, by TNT Post.

The term for delivery in the Netherlands en Belgium is ten weekdays, after payments are fulfilled.

Cannabis-seed-bank can bill the actual costs of shipment in case of discrepancy of the invoice, unless Cannabis-seed-bank is accountable due to negligence or intentional blame.

In case of absentness of The Buyer, the regular mail will leave a notification of where the order can be met.

All extra costs involved with shipment of the order will be mentioned separate on the bill, unless parties agreed differently.

Cannabis-seed-bank is not accountable for loss of shipment due to unfortunate events in the mail delivery.

In regards to shipment of cannabis seeds Cannabis-seed-bank acts accordingly Dutch national law. Cannabis-seed-bank can not take into account of the differences in international law in regards to cannabis seeds. Cannabis-seed-bank is not accountable for loss of purchase, or damage of shipment, due to the differences in international Shipment regulations2
.

Every order will be confirmed by e-mail, including a summary of the delivery. The status of the shipment can be followed through the web-page of “my account”.


Art. 10 Grievance and resending shipment

In case the shipment is not in accordance with the Agreement, The Buyer needs to notify Cannabis-seed-bank in the first eight weekdays after the shipment is delivered. The Buyer can notify Cannabis-seed-bank by calling and stating the nature of the grievance. The notification needs to be confirmed in written fashion.

Failing to notify Cannabis-seed-bank in accordance with this article will cause The Buyer to lose all claims in regards to flawed shipments or incorrect billing.

The Buyer is obligated to follow instructions by Cannabis-seed-bank in matters regarding grievance or resending shipment.

The Buyer can resend shipment in case the order is not in accordance with the Agreement. Costs involved with resending shipment will be paid by Cannabis-seed-bank. The Buyer is obligated to resend shipment in prime condition. Resending a shipment must be accompanied by a letter stating the reason of the grievance.

In case a shipment is resend, Cannabis-seed-bank will make effort of fulfilling the Agreement. Fulfilling the Agreement can only be done within the limits of usual practice. Cannabis-seed-bank will return payments in case fulfillment can not be met. The return of payments will be cleared in case of damaged returned shipments.


Art. 11 Risks

Annulment, loss or theft of the order before the shipment is delivered is on account of Cannabis-seed-bank. After the shipment is delivered The Buyer is accountable for annulment, loss or theft. In case the shipment, or other ownerships of Cannabis-seed-bank, is occupied The Buyer is obligated to inform Cannabis-seed-bank immediately. Cannabis-seed-bank can claim all subjects of ownership at all times. Costs involved with mentioned claims will be imputed to The Buyer if reasonable. The Buyer is obligated to grant access in case Cannabis-seed-bank reclaims shipment or other subjects of ownership.

Art. 12 Applicable Law

Every Agreement, bid or special offer is subject to Dutch national law.

All dissensions involving the Agreement will be addressed to the Dutch judicial system.

Cannabis-seed-bank is well aware of the special judicial system Dutch law imposes on cannabis and cannabis seeds. All business activity needs to be in accordance with the restricted statutory field. The purpose of use of subjects of the Agreement is solely a responsibility of The Buyer.

The Dutch national legal system allows limited trade and ownership of cannabis seeds. This exceptional legal system is the principle for all business activity of Cannabis-seed-bank. It is beyond the realm of possibility for Cannabis-seed-bank to take into account all different international legal aspects.


Art. 13 Privacy Notice

Only the personal information necessary for shipment, billing and other duties of the Agreement will be demanded.

Personal information of the Buyer is necessary to fulfill shipment. In case questions arise about shipment information, Cannabis-seed-bank will verify the information in order to fulfill the Agreement.

The information in regards to The Buyers address is necessary for shipment of the order. After fulfillment of the Agreement only the information necessary for accounting will be kept. All other information will be annulled.

Third parties have no access to information about customers of Cannabis-seed-bank. The mailing list of Cannabis-seed-bank used in the mailings and quizzes, can be excluded by The Buyer. The Buyer needs to address the request of removing the information from the mailing list to Cannabis-seed-bank.

The Buyer can only influence the mailing list, by being added or removed.

Only regular e-mail is accessible to Cannabis-seed-bank, in case personal information is communicated. This e-mail can only be opened by staff of Cannabis-seed-bank.

The Buyer is permitted to inform about the stored information, as well as alter this stored information.


Art. 14 Disclaimers

The contents of this website and these Terms and Conditions are compiled with the utmost of care. Services and other content which are provided are without warranties of any kind, either express or implied. No claims can be directed to Cannabis-seed-bank following the use of this website or these Terms and Conditions. Also the use of hyperlinks cannot lead to claims directed to Cannabis-seed-bank. Nor can any form of damage by the use of the offered hyperlinks lead to claims directed to Cannabis-seed-bank.



Eindhoven, 31-5-2009

1 Also take into account the article about applicable law concerning the shipment of cannabis seeds
2 Also take into account the article about applicable law concerning the shipment of cannabis seeds