Warunki korzystania

Article 1 – Definitions

In these provisions, the following definitions apply:

General Terms and

Conditions:                             These general terms and conditions of Sensi Seeds;

Grace period:                          The period during which the Consumer has the right to waive the Distance Contract;

Means of communication:       A medium that can be used to conclude a contract without the Consumer and Sensi Seeds being simultaneously present in the same room;

Consumer:                              A natural person acting without involvement in any professional or commercial activity who enters into a Contract with Sensi Seeds;

Durable medium:                    Any medium that allows the consumer or Sensi Seeds to store information relating to him personally in a way that allows future consultation and unaltered reproduction of the stored information;

Right of withdrawal:                The consumer’s right to withdraw from the distance contract within the withdrawal period;

Model form:                             The European model form for withdrawal;

Agreement:                             The verbal or written record of agreements made between Sensi Seeds and the Consumer

Distance contract:                   A contract concluded between a Consumer and Sensi Seeds, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication;

Sensi Seeds:                           The private limited company Sensi Seed B.V., Chamber of Commerce number 24191871, the party invoking the applicability of these general terms and conditions as an entrepreneur;

Article 2 – Applicability

1.       These General Terms and Conditions apply to all offers, quotations, contracts and deliveries of Sensi Seeds, of any nature whatsoever, unless such applicability is expressly excluded in full or in part in writing or expressly agreed otherwise.

2.       Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, before the conclusion of the Contract it will be stated that the General Terms and Conditions can be inspected at Sensi Seeds and that at the Consumer’s request they will be sent free of charge and as soon as possible.

3.       If the Agreement is concluded electronically, notwithstanding the previous paragraph, the text of these General Terms and Conditions may be made available to the Consumer electronically in a manner that enables the Consumer to easily save them to a durable data carrier. If this is not reasonably possible, prior to the conclusion of the Agreement, it will be stated where the Consumer can take cognisance of the General Terms and Conditions electronically and that, upon request, they will be sent electronically or otherwise free of charge.

4.       If one or more of the provisions of the General Terms and Conditions or any other contract with Sensi Seeds contravenes any mandatory statutory provision or any applicable legal regulation, this shall have no effect whatsoever on the validity of all other provisions of these General Terms and Conditions or the underlying Contract and the provision in question shall lapse and be replaced by a new, legally permissible and comparable provision to be determined by Sensi Seeds.

5.       Any deviations from these General Terms and Conditions shall only be valid if expressly agreed in writing

Article 3. Offers and tenders

1.       All offers and quotations of Sensi Seeds are revocable and made without obligation, unless otherwise stated in writing.

2.       Obvious errors or typing errors in Sensi Seeds ‘ offers are not binding to Sensi Seeds. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In case of printing and typesetting errors, Sensi Seeds is not obliged to supply the product at the incorrect price.

3.       All illustrations, specifications and data in the offer serve only as an indication and cannot lead to compensation or dissolution of the agreement.

4.       A composite quotation shall not oblige Sensi Seeds to carry out part of the order at a corresponding part of the stated price.

5.       The prices in the offers and quotations of Sensi Seeds are inclusive of VAT and other government levies, and exclusive of shipping and any payment costs, unless stated otherwise.

Article 4 – Opium Act etc.

1.       The Consumer is not allowed to make (composite) purchases that are prohibited under the Opium Act or to make more purchases than permitted under the Opium Act.

2.       Sensi Seeds only sells small quantities intended for personal use and does not facilitate professional cultivation. Purchases for large-scale or professional cultivation are refused.

3.       Sensi Seeds reserves the right to change or cancel Consumer orders free of charge if there is a suspicion of (possible) contravention of the Opium Act or other laws and regulations. Sensi Seeds may take into consideration whether or not the Consumer has placed multiple orders within a certain period of time.

4.       Sensi Seeds shall never be liable to the Consumer for any damage, in whatever form, suffered by the Consumer due to infringement of laws and regulations in connection with the purchase of products from Sensi Seeds. Sensi Seeds expressly points out that the use, stocking, possession or importing of certain Sensi Seeds products may be prohibited in certain states or countries. Consumers should consult their own local customs regulations and relevant laws and regulations.

Article 5 – The Agreement

1.       Sensi Seeds only supplies products to persons 18 years of age and older. Sales to minors are not permitted. The Consumer shall provide proof of age at Sensi Seeds’ request.

2.       The Contract is concluded at the moment of acceptance by the Consumer of the offer and fulfilment of the set conditions and confirmation thereof by Sensi Seeds.

3.       If the Consumer accepts the offer electronically, Sensi Seeds immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Sensi Seeds, only a Consumer has the right to dissolve the contract.

4.       If the Contract is concluded electronically, Sensi Seeds shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment.

5.       Each Agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

1. The Consumer may dissolve a distance contract regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. Sensi Seeds may not oblige the Consumer to give its reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, has received the product, or

a.         if the Consumer has ordered several products in one order: the day on which the Consumer, or a third party designated by him, has received the last product. Sensi Seeds may, provided it has clearly informed the Consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.

b.         if the delivery of a product consists of several shipments or parts: the day on which the Consumer, or a third party designated by him, received the last shipment or part.

Article 7 – Obligations during the cooling-off period

1. During the reflection period, the Consumer will handle the product and its packaging with care. If the product is damaged due to the Consumer’s negligence, the Consumer is liable for any depreciation of the product.
2. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. He shall also not (unnecessarily) damage the packaging.
3. The Consumer is only liable for depreciation of the product resulting from a way of handling the product and packaging that goes beyond what is allowed in paragraph 1.

Article 8 – Exercise of the right of withdrawal

1. In cases where the Consumer exercises its right of withdrawal, it shall notify Sensi Seeds within the withdrawal period by means of the withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer returns the product or hands it over to (an authorised representative of) Sensi Seeds. This is not necessary if Sensi Seeds has offered to collect the product itself. The Consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The Consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Sensi Seeds.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
5. The Consumer bears the direct cost of returning the product.
6. Sensi Seeds refunds all payments made by the Consumer, including any delivery costs charged by Sensi Seeds for the returned product, without delay but within 14 days of the day the Consumer notifies it of the withdrawal. Unless Sensi Seeds offers to collect the product itself, it may delay repayment until it has received the product.
7. For repayment, Sensi Seeds uses as much as possible the same means of payment used by the Consumer, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.
8. If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Sensi Seeds does not have to refund the additional costs for the more expensive method.

Article 9 – Exclusion of right of withdrawal

1. Sensi Seeds may exclude the Consumer’s right of withdrawal for products:

a.       Created by Sensi Seeds in accordance with the Consumer’s specifications;

b.       Products that will not be taken back for reasons of hygiene or products whose seal has been broken;

c.       Which are clearly personal in nature;

d.       Which by their nature cannot be returned;

e.       Which may spoil or age quickly.

2.       The right of withdrawal expressly does not apply to:

(a).    Agreements entered into by the Consumer which do not qualify as a Distance Contract.

Article 10 – Conformity and Warranty

1. The statutory warranty applies to all products offered by us.This implies the obligation that a product is in sound condition and functions properly under normal use. In the event that a product is received and does not meet these requirements, we will promptly provide a suitable solution, being replacement, repair, or refund, depending on the nature of the product and at Sensi Seeds’ discretion.
2. The complaint about a defective product will be considered founded if the defect does not result from intentional or negligent use or lack of adequate maintenance, normal wear and tear or the violation of the instructions for use.
3. Products wholly or partially made of glass are excluded from warranty.
4. Any guarantee provided by us, the manufacturer or the importer does not affect the legal rights and claims of the Consumer under the agreement.
5. Any defective or incorrectly delivered products must be reported to us in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
6. The warranty period applied by Sensi Seeds is in accordance with the manufacturer’s warranty period if and to the extent applicable.

Article 11 – Exclusion of liability

1. Sensi Seeds shall never be liable for any damage due to infringement of relevant laws and regulations by the Consumer, even if this infringement is the result of technical possibilities in the Sensi Seeds ordering system. The Consumer should himself check whether his order with Sensi Seeds is in accordance with legislation and regulations.
2. Sensi Seeds shall never be liable for indirect damage, including consequential damage, loss of profit, missed savings, damage due to business interruption, non-timely or faulty performance by Sensi Seeds and damage resulting from (contractual) penalties, including penalties for failure to meet any delivery or completion date.
3. All rights of action and other powers against Sensi Seeds, on any grounds whatsoever, shall expire one year after delivery of the products.

Article 12 – Delivery and Execution

1. Delivery will take place after receipt of payment, normally within three working days. Nevertheless, under no circumstances shall the final delivery time exceed the stated delivery time by more than one week, unless there are situations of force majeure. If a term is exceeded, the Consumer should give Sensi Seeds written notice of default.
2. In the event of any delay in delivery, or if an order cannot be carried out in full or in part, the Consumer shall be informed thereof no later than seven days after placing the order. In such a case, the Consumer has the right to dissolve the agreement free of charge, without any right to compensation arising from this.
3. All stated delivery deadlines are to be regarded as guidelines, and no rights may be derived from the indication of such deadlines. Exceeding a deadline does not give the Consumer a claim for compensation.
4. If delivery of an ordered product proves impossible, Sensi Seeds shall make every effort to offer a suitable alternative product. The fact that an alternative product is delivered will be communicated in a clear and comprehensible manner at the latest upon delivery.
5. The risk of damage and/or loss of products lies with Sensi Seeds until the moment of delivery to the Consumer or a representative designated in advance and made known to Sensi Seeds, unless expressly agreed otherwise. After the Consumer has taken delivery of the products, the risk of damage and loss passes to the Consumer. In case of loss of one or more products, the Consumer should cooperate in the investigation after the first request.

Article 13 – Disputes

Contracts between Sensi Seeds and the Consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law, even if the Consumer has its registered office or resides abroad. The applicability of the Vienna Sales Convention is excluded for consumer purchases.