Customers are advised to carefully read these conditions of use before using the Seedmarket web shop and blog.

Importing, stocking and supplying cannabis seed is exempted from regulation under the 1961 U.N. Single Convention on narcotic drugs and affiliated international treaties. In countries such as the Netherlands, freedom to trade cannabis seeds is clearly incorporated in the national Opium or Narcotics Act legislation. The Seedmarket conditions of use reflect this freedom.

Warning!

Unfortunately, regulation and implementation of legislation in respect of cannabis seeds and their conditions of use often differs from country to country. For this reason Seedmarket strongly advises all customers, as a matter of great importance, to make inquiries about the regulations to which they are subject.

All the cannabis seeds on sale are sold as souvenirs only, unless the local law explicitly allows growing for personal, medicinal and/or industrial purposes.

Seedmarket dispatches cannabis seeds on the condition that they will not be used by others in conflict with applicable local and international laws. Seedmarket does not wish to induce anyone to act in conflict with the law, and cannot be held responsible for anyone using our products to do so.

The company expressly states that all customers who purchase cannabis seeds from Seedmarket are responsible for their own actions in the future. Seedmarket will accept no responsibility in this respect. Seedmarket does not accept any product liability.

All Seedmarket customers are required to comply with the following conditions of use:

Customers are prohibited from distributing Seedmarket cannabis seeds to countries where possession of and/or trafficking in cannabis seeds is illegal, for example the United States of America, Australia, parts of Asia, Luxembourg, Norway or any other countries where traffic of cannabis seeds is considered illegal.

Please note: customers must be at least 18 years old to order Seedmarket cannabis seeds!

Prices are subject to change without notice.

The Seedmarket blog

The views expressed in the posts should be understood as the personal opinions of the author.

Comment Policy

Seedmarket reserves the right to edit, remove, and post comments at its discretion. Spam, abusive comments, and comments endorsing commercial products or services will not be posted. Comments related to buying, selling, or exchanging drugs (including cannabis) are not permitted and will be deleted.

Seedmarket reserves the right to remove links and contact details from comments before posting them.

Participants on this blog are fully responsible for everything that they submit in their comments, and all posted comments are in the public domain.

By posting comments on the Seedmarket blog, you agree that Seedmarket may email you in the event that this is considered appropriate or necessary. However, it is not standard practice for commenters to be notified when their comments have been posted, edited, deleted or replied to, so you are advised to check back frequently.

Linking Policy

This blog may contain external links to other sites. Seedmarket does not control or guarantee the accuracy, relevance, timeliness, or completeness of information on other websites.

Links to particular items in hypertext are not intended as endorsements of any views expressed, products or services offered on outside sites, or the organizations sponsoring those sites.

GENERAL CONDITIONS

delivery at a distance (webshops)

Index:

Article 1  – Definitions

Article 2  – Identity of the entrepreneur

Article 3  – Applicability

Article 4  – The offer

Article 5  – The agreement

Article 6  – Right of revocation

Article 7  – Obligations consumer during the reflection period

Article 8  – Exercise of the right of revocation by the consumer and the costs

       thereof

Article 9  – Obligations Seedmarket in case of revocation

Article 10 – Exclusion from the right of revocation

Article 11 – The price

Article 12–  Delivery and execution

Article 13 – Prohibition delivery large scale and professional hemp cultivation

Article 14 – Payment

Article 15 – Retention of title and default/ dissolution

Article 16 -  Force majeure

Article 17 -  Damage

Article 18 – Choice of law and competent court

Article 1 – Definitions

In these conditions is meant by:

Additional agreement: an agreement whereby the client obtains products and/or services in relation to a distance agreement and these matters are delivered and/or these services are provided by Seedmarket or by a third party based on an agreement between that third party and Seedmarket;

Reflection period: the term in which client is allowed to use his right of revocation;

Client: the person, natural persons and legal entities alike, whether or not acting for purposes related to his activities of trade, business, craft or profession;

Day: calendar day;

Right of revocation: the possibility the client has to abstain from the distance agreement within the reflection period;

Distance agreement: an agreement concluded between the entrepreneur and the client in the context of an organised system for the sales at a distance of products and/or services whereby, up to and including the conclusion of the agreement, use is made only or partly of one or more techniques for communication at a distance;

Technique for communication at a distance: medium that can be used for the conclusion of an agreement, without the need for client and Seedmarket to meet each other at the same time and in the same room.

Article 2 – Identity of the entrepreneur

Seedmarket

Business & visiting address:
Nieuwendammerkade 24D
1022 AB, Amsterdam
Telephone number: 0031 20 3345835
Email: info@seedmarket.com
Chamber of Commerce number: 65367693
VAT-identification number: NL856083331B01

Article 3 – Applicability

These general conditions are of application to every offer made by Seedmarket and to every distance agreement concluded between Seedmarket and client.

As the agreement is concluded electronically at a distance, the text of these general conditions will be made available to client by electronic means in such a way that these can be easily saved by client at a durable data medium.  

Article 4 – The offer

In the event that an offer is subject to a limited period of validity or is made under certain conditions, this will be explicitly mentioned in the offer.

The offer contains a full and accurate description of the products offered, the digital content and/or services. The description is sufficiently detailed to make a proper assessment of the offer by client possible. The images Seedmarket may use are a faithful representation of the products and/or services offered. Apparent mistakes or apparent errors in the offer will not bind Seedmarket.

The information contained in every offer makes it clear to client what the rights and obligations are connected with the acceptance of the offer.

Article 5 – The agreement

The agreement will be established, under reservation of the provisions of paragraph 4, the moment the client accepts the offer and the conditions thereby set are being met.

If client has accepted the offer by electronic means, Seedmarket immediately confirms by electronic means the receipt of the acceptance of the offer. The client is allowed to dissolve the agreement as long as the receipt of this acceptance has not yet been confirmed by Seedmarket.

If the agreement is concluded electronically, Seedmarket will take suitable technical and organisational measures for the protection of the electronic transfer of data and will ensure a secure web environment. Seedmarket will take appropriate security measures for the process of electronic payment. Seedmarket – within the statutory framework – is allowed to gain information whether client is able to meet his payment obligations, as well as on all those facts and factors that are of importance for a responsible conclusion of the distance agreement. Should this investigation provide Seedmarket with good grounds to not conclude the agreement, Seedmarket is entitled to refuse an order or request under statement of reasons or to attach special conditions to the execution thereof.

No later than upon the delivery of the product or the provision of the service, Seedmarket will send client the following information, in writing or in such a way that it can be saved by client on a durable data medium in an accessible manner:

a. the visiting address of the location of Seedmarket where client can go to in case of complaints;

b. the conditions under which and the way in which client is able to use the right of revocation, or a clear indication regarding the exclusion of the right of revocation;

c. the information about guarantees and services existing after the purchase;

d. the price including all taxes for the product or service; the costs of delivery, insofar of application; and the method of payment, delivery or execution of the distance agreement.

Article 6 – Right of revocation

This provision does not apply to legal entities or to the client/ natural person who acts in the performance of a business or profession. Legal entities or natural persons acting in the performance of a business or profession are unable to invoke the right of revocation.  

The natural person who is not acting in the performance of a business or profession (in the provisions 6, 7, 8, 9 and 10 further referred to as: consumer) is allowed to dissolve an agreement with regard to the purchase of a product during a reflection period of 30 days without having to state any reasons to that fact. Seedmarket may ask the consumer for the reason of revocation, but cannot oblige the consumer to state his reason(s)

The reflection period mentioned in paragraph 1 commences the day after the consumer, or a third party, who is not the transporter, appointed by consumer in advance has received the product, or:

a.         if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party appointed by him, has received the last product. Provided that Seedmarket has clearly informed the consumer prior to the ordering process, Seedmarket is allowed to refuse an order consisting of multiple products with a different delivery time.

b.         if the delivery of a product consists of several shipments or components: the day on which the consumer, or a third party appointed by him, has received the final shipment or the last components;

c.          in case of agreements for regular delivery during a certain period of time: the day on which the consumer, or a third party appointed by him, has received the first product.

Article 7 – Obligations consumer during the reflection period

The consumer will carefully handle the product and the packaging during the reflection period. He will only unpack or use the product to the extent necessary to determine the nature, the characteristics and the functioning of the product. The principle here is that the consumer is only allowed to handle and to inspect the product the way in which he would be allowed in a store.

The consumer is only liable for depreciation of the product resulting from of a way of handling the product that goes further than permitted in paragraph 1.

Article 8 – Exercise of the right of revocation by the consumer and the costs thereof

When the consumer uses his right of revocation, he will notify the entrepreneur of this fact within the period of reflection by means of the model form for revocation or in any other unambiguous manner.

As soon as possible, but within 14 days starting the day following the notification referred to in paragraph 1, the consumer will return the product or he will hand it over to (a representative of) Seedmarket. This is not necessary if Seedmarket has offered to collect the product himself. The consumer has in any case observed the term of return shipment when he returns the product before the reflection period has expired.

The consumer returns the product including all delivered accessories, if reasonably possible in its original condition and packaging, and in conformity with the reasonable and clear instructions provided by Seedmarket.

The risk and the burden of proof for the correct and timely exercise of the right of revocation lies with the consumer.

The consumer bears the direct costs for returning the product.  

Article 9 – Obligations Seedmarket in case of revocation

If Seedmarket makes the notification of revocation by the consumer possible by electronic means, Seedmarket will immediately send a confirmation of receipt after this notification has been received.

Seedmarket reimburses all payments made by the consumer, including possible delivery costs charged by the entrepreneur for the returned product, immediately but no later than within 14 days following the day on which the consumer notifies Seedmarket of the revocation. Unless Seedmarket offers to collect the product himself, Seedmarket is allowed to suspend the reimbursement until the product is received or until the consumer shows that the product has been returned, whichever is the earliest.

Article 10 – Exclusion from the right of revocation

If Seedmarket has clearly mentioned this with the offer, or at least on time before concluding the agreement, Seedmarket is allowed to exclude the following products and services from the right of revocation:

Products or services of which the price depends on fluctuations on the financial market beyond the control of the entrepreneur and which may occur within the term of revocation;

Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is present at the auction in person or gets the possibility to be present at the auction in person, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

Services agreements, after the service has been fully executed, but only when:

a. the execution started with explicit prior consent of the consumer; and

b. the consumer has declared that he will lose his right of revocation as soon as the entrepreneur has fully executed the agreement;

Products manufactured according to specifications of the consumer that are not prefabricated and that are produced on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;

Products that can quickly decay, or have a limited shelf life;

Sealed products that are not suitable to be returned due to reasons of health protection or hygiene and of which the seal has been broken after the delivery;

Products that, due to their nature, are irrevocably mixed with other products after the delivery;

Sealed audio and video recordings and computer software of which the seal has been broken after the delivery;

Newspapers, journals or magazines, with the exception of subscriptions to these.

Article 11 – The price

The price of the products and/or services offered will not be raised during the period of validity mentioned in the offer, except for price modifications as a result of changes in VAT-rates.

Price increases within 3 months following the establishment of the agreement are only allowed if they are the result of legal regulations or stipulations.

Price increases as of 3 months following the establishment of the agreement are only allowed if Seedmarket has stipulated such increase, and:

a. these are the result of legal regulations or stipulations; or

b. the client has the authority to terminate the agreement starting the day on which the price increase becomes effective.

The prices mentioned in the offer of products or services are including VAT.

Article 12 – Delivery and execution

Seedmarket guarantees that the products and/or services comply with the agreement, with the specifications mentioned in the offer, and with the reasonable requirements of soundness and/or usefulness.

Seedmarket will observe the utmost care in the execution of orders of products and with the assessment of requests to provide services. All notifications by Seedmarket with regard to numbers, sizes, weights and/or other indications are made with the utmost precision. Seedmarket cannot guarantee that no deviations shall arise in this respect. Mistakes, such as errors in calculation, clerical or typographical, made in offers, tenders, prospects, publications, order confirmations, invoices and other documentation from Seedmarket, shall not bind Seedmarket.

The location of delivery is the address the client has provided to Seedmarket.

With due observance of the provisions in article 4 of these general conditions, Seedmarket will execute accepted deliveries with due rapidity but no later than within 30 days, unless it shows or becomes clear that an order cannot or only partially be executed. In that case the client will receive a notification of that delay no later than within 30 days after he has placed the order.  

The risk of damage and/or loss of products rests with Seedmarket until the moment of delivery to client or to a previously appointed and to the entrepreneur announced representative, unless explicitly agreed otherwise.

Article 13 – Prohibition largescale and professional hemp cultivation

Client shall not apply the products or services to be delivered by Seedmarket to or for the largescale or professional hemp cultivation as referred to in the Dutch criminal legislation, more specifically article 11A of the Dutch Opium Act and the Opium Decree.  

Should client, in breach of this provision and the Opium Legislation, apply the products or services to be ordered at Seedmarket to or for the largescale or professional hemp cultivation, or if he makes the products or services available for the professional or largescale hemp cultivation, he will be liable for the damage Seedmarket will suffer as a result of any criminal investigation and/or criminal proceedings, as well as for damage as a result of administrative enforcement that will be imposed upon Seedmarket. Damage includes all direct and indirect damage, material damage and immaterial damage, trading loss, consequential damage and other types of damage Seedmarket will have to suffer as a result of the criminal investigation and/or the criminal proceedings and/or the administrative enforcement. This damage also includes, but not exclusively, loss of profit, costs for legal assistance and other types of counsel, reputational damage, loss of goods, material damage and immaterial damage, etc.

Article 14 - Payment

Insofar not determined otherwise in the agreement or additional conditions, the amounts due by client have to be paid within 14 days following commencement of the reflection period or, in the absence of such reflection period, within 14 days following the conclusion of the agreement.

If an advance payment is stipulated, the client cannot assert any right with regard to the execution of the order or service(s) concerned before the stipulated advance payment has been made.

Client has the obligation to immediately notify Seedmarket in the event of inaccuracies in submitted or mentioned payment data.

If client does not meet his payment obligation(s) on time, and after Seedmarket has pointed out the delayed payment and Seedmarket has granted client a period of 14 days to still meet his payment obligations, and after client has failed to make this payment within this period of 14 days, he will be due the legal interest on the yet to be paid amount and Seedmarket is entitled to charge the extrajudicial collection costs Seedmarket has to make. These collection costs amount to maximum: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40.

Article 15 – Retention of title and default/ dissolution

The ownership of the products, notwithstanding the factual delivery, will only transfer to the client if all that is or becomes due to Seedmarket under or pursuant to the agreement has been paid in full, including the purchase price and possible surcharges, interest, taxes, costs and compensations for damage due as a result of these conditions or the agreement. Prior to the transfer of the ownership of the product to client, the latter will not be entitled to sell, to lease or to grant use, to pledge or to otherwise encumber the product.  

In case the client does not, not properly or not on time complies with any obligation that may arise for him under any agreement or these conditions, the client is in default without there being any need to give notice and Seedmarket is entitled:

-          to suspend the execution of this agreement and thereto associated agreements, until payment has been secured sufficiently,

-          to dissolve this agreement and thereto associated agreements in full or partially, without Seedmarket being held to pay any compensation for damage and without prejudice to all other rights retained by Seedmarket.

In the cases mentioned above, all claims of Seedmarket are payable immediately and in full and client is obliged to immediately return all products owned by Seedmarket.

Article 16 – Force majeure

If Seedmarket is not able to comply with his obligations towards client due to a non-attributable shortcoming (force majeure), the obligations will be suspended for the duration of the situation of force majeure.

Should any situation of force majeure have lasted two months, both parties have the right to fully or partially terminate the agreement in writing.  

In the event of force majeure on the side of Seedmarket, client is not entitled to any compensation (for damage). Even if Seedmarket should benefit in any way as a result of the situation of force majeure.

Force majeure means every circumstance on which Seedmarket does not have any influence, as a result of which the compliance of his obligations towards client are being hindered or the compliance of his obligations cannot reasonably be expected of him, regardless of whether that circumstance could have been foreseen at the time of concluding the agreement. Those circumstances also include: strike, exclusion, fire, stagnation or problems otherwise and/or measures imposed by any government authority as well as the absence of any permit prescribed by the government.

Article 17 - Damage

Except in case of intent or gross negligence on the side of Seedmarket or his management, or in case of liability resulting from Title 3 section 3 book 6 of the Dutch Civil Code, Seedmarket is never liable for any damage of client or third party, including consequential damage, immaterial damage, trading loss or environmental damage.  

Except in case of intent or gross negligence on the side of Seedmarket or his management, or in case of liability resulting from Title 3 section 3 book 6 of the Dutch Civil Code, client shall indemnify Seedmarket against all claims from third parties, directly or indirectly relating to (the use of) a product and the client will compensate Seedmarket for all damage, including costs of (legal) advice, Seedmarket suffers as a result of such claims.

Article 18 – Choice of law and competent court

Dutch law is of exclusive application to agreements between Seedmarket and client that are governed by these general conditions. The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.

Disputes between client and Seedmarket about the establishment or execution of agreements with regard to products and services to be delivered or delivered by Seedmarket, will be submitted to the court Amsterdam, unless rules of imperative law prescribe that another Dutch court is exclusively competent.

download: Model form revocation

If you wish to use the EU Office for Dispute Resolution (http://ec.europa.eu/odr) submit your case using our email: info@seedmarket.com.