Terms and conditions
General Company info:
|Name:||Seeds Genetics Co. / Edranza B.V.|
|Address:||Afrikalaan 12F, 5232BD ‘s-Hertogenbosch (NL)|
|Return shipments address:||Postbus 342, 5201AH ‘s-Hertogenbosch (NL)|
Seeds Genetics Terms and Conditions
1.1 These terms and conditions apply to all Seeds Genetics offerings. These terms and conditions are obtainable to all and can be downloaded from the Seeds Genetics website. When requested we can send you a physical copy.
1.2 By ordering a product you acknowledge and concede with these terms and conditions. Seeds Genetics reserves the right to change it’s terms and conditions after expiry.
1.3 Unless specifically stated otherwise in writing, third-party terms and conditions are not accepted by Seeds Genetics.
1.4 Seeds genetics guarantees delivered goods are in accordance with the agreement and meet listed specifications.
2.1 Delivery will take place as long as products are in stock.
2.2 In accordance to digital commerce regulations, Seeds Genetics will ship ordered goods within a period of at least 14 days. In case this is not possible (by the product being out of stock) or delays for other reasons, or an order cannot or only partially be shipped, the customer will receive notice within one month from ordering and can than cancel the order without charge or notice.
2.3 Seeds Genetics will have met it’s delivery obligations as soon as shipped goods have been offered to the client once. In case of delivey in person the carrier report will act as proof, with the exception of active product refusal, of goods having been offered for delivey.
2.4 All delivery terms mentioned are indicative. No rights can be derived from terms mentioned.
3.1 Prices will not be rased within the duration of an offering, unless made necessary by legislation or interim supplier price increases
3.2 All prices mentioned on the website are with reservation to typo’s and other kinds of spelling mistakes. We do not accept liablity for the consequences of any spelling mistakes or typo’s.
3.3 All prices mentioned on this website are in EURO and include 21% VAT.
4. trail period / revocation right
4.1 In case of a consumer purchase, in accordance to Dutch legislation called ‘Wet verkopen op Afstand’ (article 7:5 BW), the customer is allowed to return (part of) delivered goods within a period of 14 business days without giving a reason. This period starts as soon as the goods have been delivered. In case the customer has not returned the shipped goods to Seeds Genetics within this period, the sale is permanent sale. Before returning delivered goods, the customer is obliged to notifiy Seeds Genetics of this by letter or e-mail within 14 business days. Also the customer is obliged to proof the delivered goods have been returned in time, for instance by means of proof of a return shipment date. Return shipments should be shipped using the original packaging (including accessories and corresponding documentation) and should be in unused condition. In case delivered goods have been used, encumbered or damaged in any way, the right to cancel the purchase in accordance to this section expires. Seeds Genetics will, when stated conditions are met, make sure the full purchase price (excluding shipping costs) is transferrd back to the customer within 14 days. Any costs and risks associated with remanding goods are for the customer.
4.2 The right to dissolve a purchase, as described in the previous section, only applies to delivered goods and will not in any case apply to any services deliverd by Seeds Genetics.
4.3 Revocation right does not apply to:
- Any services of which execution, with customer consent, has started before the seven business days period
- Any goods or services of which prices correspond to fluctuations of the financial markets, being outside the supplier’s control
- Goods that have been produced according to specific customer specifications, like customized products, or goods being distinctively personalised in nature
- Goods or services that are not suited for return shipment due to specific characteristics, for instance goods that decay easily
- Deliverd goods of which the customer has broken the seal
5. Data management
5.2 Seeds Genetics respects the privacy of users of it’s website and tries to handle your personal data with good care and discretion
5.3 Seeds Genetics may make use of a mailing list in certain circumstances. Each mailing will include instructions for unsubscribing from the mailing list.
6.1 Seeds Genetics guarantees that shipped goods adhere to requirements concerning usability, trustworthiness and durability as can reasonibly be assumed by both parties while agreeing to the purchase agreement, and therefore vouches for any factory warranties relating to delivered goods.
6.2 The guarantee period Seeds Genetics provides is in accordance to the supplier’s (factory) guarantee period. Seeds Genetics can never be held liable or responsable for the ultimate suitability of delivered goods for individual appliances of these goods by the customer, nor for any advice given relating to appliances of delivered goods
6.3 The customer is obligated to check delivered goods immediately after receipt. In case a wrong, defective or incomplete product has been deliverd, the customer is obligated to inform Seeds Genetics of these deficiencies in writing immediately, before returning the product. Deficiencies or wrongly delivered goods can and should be reported to Seeds Genetics within a period of 2 weeks from delivery in writing. Delivered goods should be returned using the original packaging (inclusing any related accessories or documentation) and in new condition. Using the product after noticing a defect, damaging a product after noticing a defect, encumberance and/or resale of a product ater noticing a defect, will expire any revocation rights concerning the delivered goods
6.4 In case customer complaints are deemed justified, Seeds Genetics is allowed to make a choice between replacing delivered goods within charging extra costs or agree to a written compensation settlement with the customer, it being understood that liablity by Seeds Genetics and the compensation amount is at all times limited to the amount invoiced, or (as Seeds Genetics preferences this) to the maximum amount covered by Seeds Genetics’s liability-insurance contract. Seeds Generics cannot be held liable for any other kinds of defects of damages, excluding any form of addional compensation, compensation for indirect or consequential damages or damages due to lost earnings
6.5 Seeds Genetics cannot be held liable for damages caused on purpose or by intentional recklessness by non-managerial staff
6.6 This guarantee does not apply in case: A) and as long as the customer is in default to Seeds Genetics; B) the customer has manipulated the delivered goods in any way or let any third-party manipulate the delivered goods in any way. C) Delivered goods have been subjected to unusual circumstances or were otherwise carelessly treated or treated in breach of Seeds Genetics and/or any manual; D) defects completely or partially result from (future) governmental regulations or requirements regarding the delivered product’s nature or quality;
7. Special offerings
7.1 Special offerings are free of obligation, unless stated otherwise.
7.2 When a customer accepts a special offering free of obligattions, Seeds genetics reserves the right to change or cancel the special offering within a period of 3 business days after receiving customer offering acceptance.
7.3 Verbal commitments will only be binding after being explicitly affirmed in writing.
7.4 Seeds Genetics’s special offerings do not apply to backorders by default.
7.5 Seeds Genetics cannot be held to a special offering in case the buyer could have understood that the special offering, or part of the special offering, was an apparent mistake or apparently contained a spelling mishap.
7.6 Additions, changes and/or further agreements only apply when being confermed in writing.
8.1 An agreement between Seeds Genetics and a customer will arise when a customer order has been assessed on feasibility by Seeds Genetics.
8.2 Seeds Genetics reserves the right to refuse orders without elucidating on reasons or to accept orders under the condition that the shipping method used will be Cash On Delivery (COD) or under the condition of prepayment by the customer
9. Images and specifications
9.1 All images, pictures, drawings etc,; data regarding weights, dimensions, colors, images of labels, etc. that can be found on the Seeds Genetics website are only approximations, indicative and can for no reason be a cause for compensations or dissolution of the agreement or contract.
10. Force majeure
10.1 Seeds Genetics cannot be held liable when and for as far as it’s obligations cannot be fullfilled or honored due to force majeure
10.2 Force majeure is considered to be any unusual cause or circumstance, which cannot reasonably be asummed to be for Seeds Genetics’s risk. Delays or failures by our suppliers, power outages, failures of the Internet, failures of e-mail traffic and failures or changes in technology, transportation problemens, strikes, governmental measures, supply delays, supplier or manufacturer neglect of Seeds Genetics, as well as staff, staff illnesses, defects in help- or transportation equipment explicitly count as force majeure.
10.3 Seeds Genetics reserves the right to suspend or postpone it’s obligations if force majeure occurs and is entitled to wholly or partially dissolve the agreement, or demand changing the agreement in such a way that executing the agreement remains possible. In no circumstance will Seeds Genetics be bound to any fines or compensations when force majeure occurs.
10.4 When Seeds Genetics has already partially met it’s obligations when force majeure occurs, or can only partially meet it’s obligations due to force majeure, Seeds Genetics will be entitled to invoice the allready delivered of deliverable goods separately and the customer will be bound to pay this invoice as if it was related to a separate contract. This does not apply when allready delivered goods or the to be delivered goods cannot be seen as having any indpendant inherent value.
11.1 Seeds Genetics cannot be held liable for damages to vehicles or other objects which arose from misuse of delivered products. Read the instructions that can be found on the product packaging or on our website before use.
12. Retention of title
12.1 Ownership rights of all sold and delivered goods remain at Seeds Genetics for as long as the customer has not met his or her obligations resulting from the current agreement or prior or later similar agreements, for as long as the customer has not payd for activities carried out or activities to be carried out and for as long the customer has not settled outstanding claims relating to similar agreements, including claims originating from fines, interests ans costs as intended by article 3:92 BW (Dutch Law).
12.2 Goods delivered by Seeds Genetics which relate to it’s retention of title can only be resold as part of normal business routines and can never be used as a means of payment
12.3 The customer is not authorized to pledge goods under retention of title nor encumbering them in any other way
12.4 The customer gives Seeds Genetics (or athird party appointed by it) his or her explicit and unconditional concent to enter all places where it’s property might reside and take this property in case Seeds Genetics seeks to execute it’s ownership rights
12.5 In case a third party seeks to foreclose goods delivered by Seeds Genetics under retention of title or claim of pertain rights to those goods, the customer is obligated to notify Seeds Genetics of this as soon as may reasonably be expected
12.6 The customer is obliged to insure and to keep insured goods delivered under retention of title by Seeds Genetics against fires, damaged by explosions or water as well as againts theft and to hand over the insurance policy at first request to Seeds Genetics
13. Applicable law
13.1 Dutch law is applicable to all agreements
13.2 In case of disputes, resulting from an agreement between Seeds Genetics and the customer, which cannot be be solved in mutual consultation, the competent judge within the district court will take note, unless Seeds Genetics prefers to subject the dispute to the competent court of the customer’s residence, excluding disputes belonging to the competence of the cantonal court.