Terms of 123seeds, version valid from 20-09-2010
1.1 These general conditions apply to all offers of 123seeds. The conditions are accessible to everyone and included on the website of 123seeds. On request we send you a written copy.
1.2 By placing an order you agree with the delivery and payment agreement.
1.3 Unless otherwise agreed, the general or specific terms or conditions of third parties is not recognized by 123seeds.
1.4 123seeds ensures that the delivered products comply with the agreement and meets the specifications of all mentioned.
2.1 Delivery takes place while supplies last.
2.2 In the context of the rules of distance purchasing orders will be delivered by 123seeds within 30 days. If this is not possible (because articles are not in stock or discontinued), or is otherwise delayed, or an order can’t or only partially supplied, consumers will receive notice within 1 month after placement in that case he has the right to cancel without cost.
2.3 The supply obligation of 123seeds be fulfilled once the goods supplied by 123seeds are once offered to the customer. In case of home delivery the report of the carrier, which includes the refusal of acceptance, to complete the offer of proof of delivery.
2.4 All the time limits on the website are indicative. The time limits are therefore not legally binding.
3.1 Prices within the duration of the offer will not be increased unless legal measures are necessary or if the supplier temporary increases his prices.
3.2 All prices are subject to write and printing errors. There will be no liability accepted for write and printing orders.
3.3 All prices on the site are in Euros and include either 6 or 19% VAT.
4. Withdrawal / revocation law
4.1 If there is a consumer purchase, under the Act on Distance sales (Article 7:5 BW), the buyer has the right to return (part of) the products within a period of 7 days without giving any reason. This period begins when the ordered goods are delivered. If the buyer has not returned the products to 123seeds within this period the purchase is a fact. The customer is held, before proceeding to return the products, within the period of 7 days after delivery to sent a written notice to 123seeds. The customer must prove that the delivered products are returned on time, for example by means of proof of postal delivery. Return of the products should be in the original packaging (including accessories and related documentation) and as new. If the goods are used by the customer or otherwise damaged, the right to withdrawal becomes invalid. Subject to what is stipulated in the preceding sentence, 123seeds will ensure that within 30 days after receiving of the products properly returned, the entire purchase amount including shipping costs is refunded. The shipping costs made to return the products to 123seeds are not refunded.
4.2 The right of withdrawal does not apply to:
- services to be implemented, with the consent of the consumer, begun before the period of seven days.
- products or services whose price depends on fluctuations in the financial market, on which the supplier has no control.
- Products which has been produced to specifications of the customer or with a clearly personal nature.
- Products which by their nature can’t be returned, with reference to related hygiene or rapidly deteriorate or expire.
5.2 123seeds respects the privacy of the users of the web site and ensures confidentiality of your personal information.
5.3 123seeds in some cases uses a mailing list.
6.1 123seeds guarantees that the products supplied meet the requirements of usability, reliability and lifespan as both parties to the contract have reasonably accepted.
6.2 123seeds is never responsible for the suitability of products for each individual application by the customer, nor for any advice given on use or application of the products.
6.3 The customer is obliged to check received products immediately on receipt of their order. Provided that the products are wrongly delivered, flawed or incomplete, then the customer (before proceeding to return to 123seeds) should report those deficiencies immediately via e-mail to 123seeds. Any defective or incorrect supplied products could and should be notified to 123seeds in writing in up to 7 days after delivery. The products should be returned in the original packaging (including accessories and related documentation) and as new. Using the products after detection of failure, damage incurred after detection of failure or resale after detection of failure, forfeits the right to complain and return.
6.4 If the customers complaints are found justified by 123seeds, 123seeds will substitute the products delivered free of charge. Any liability of 123seeds for any other form of damage is excluded, such as providing additional compensation in any form, compensation for indirect or consequential loss or damages based on lost profits.
6.5 123seeds is not liable for damages caused by intent or equivalent willful misconduct of non-management staff.
6.6 This warranty does not apply if: A) and until the customer is in default towards 123seeds, B) the customer repaired or modified the products delivered themselves or had them modified or repaired by third parties. C) the delivered goods are subjected to abnormal conditions or otherwise carelessly handled or treated in contrary to the instructions of 123seeds and / or instructions on the packaging. D) if the unsoundness whole or in part is the result of regulations made by the government or will make regarding the nature or quality of materials used.
7.1 Offers are without obligation, unless otherwise stated in the listing.
7.2 At the acceptance of an offer by the buyer, 123seeds reserves the right to alter or to withdraw the offer within 3 working days after acceptance.
7.3 Verbal agreements only compel 123seeds after an explicit and written acknowledgment.
7.4 Offers of 123seeds doesn’t automatically apply to repeat orders.
7.5 123seeds can’t be held to its offer if the buyer ought to understand that the offer, or a part thereof is a manifest slip or contains an error.
7.6 Additions, modifications and / or further agreements are effective only if in writing.
8.1 A contract between a customer and 123seeds is created after an order is assessed by 123seeds on feasibility.
8.2 123seeds reserves the right to accept or not to accept orders without giving any reason on condition that the consignment is under cash or after payment.
9. Images and specifications
9.1 All images, photos, drawings, etc., including information on weights, dimensions, colors, images of labels, etc. on the website of 123seeds are only approximate, are indicative and may not qualify for compensation or rescission of the contract.
10. Force majeure
10.1 123seeds is not liable if and insofar as its commitments can’t be fulfilled due to force majeure.
10.2 Force majeure comprehends any strange reason, and any circumstance in which she can’t reasonably be held responsible. Delay or default by our suppliers, the Internet failures, failures in the electricity failures in e-mail traffic and disturbances or changes in technology supplied by third parties, transportation difficulties, strikes, government rules, supply delay, negligence by suppliers and or manufacturers of 123seeds as well as from individuals, disease, defects in appliance or shipment tools count explicitly as force majeure.
10.3 123seeds reserves in case of force majeure on its obligations to the law and is also entitled to suspend the contract in whole or partially dissolve, or to require the contents of the agreement is amended to implement possible. In any case, 123seeds isn’t held to pay any penalty or damages.
10.4 If 123seeds in the occurrence of force majeure has partially fulfilled its obligations, or is only able to perform part of its duties 123seeds is entitled to bill the already delivered or deliverable products with separate invoice and the customer is held to this invoice as if it were a separate contract. However, this doesn’t apply to already delivered or deliverable products with no independent value.
11.1 123seeds is not liable for damage to vehicles or other objects created by improper use of the products. READ the instructions on the packaging and / or consult our website.
11.2 Certain seeds sent to countries outside Europe could be confiscated by customs depending on your countries rules. This doesn't occure often but can happen. Please make sure the seeds you want to order can be sent to you without possible confiscation. 123seeds cannot be held accountable if this order (or parts of it) will be confiscated. 123seeds will not replace or reimburse these products in any way.
12.1 Ownership of all 123seeds to customer sold and delivered products remains at 123seeds until the customer pays 123seeds under the previous or subsequent agreement or similar agreement has failed, until the buyer has paid for services performed or still to perform under this or similar agreements and as long as the buyer claims of 123seeds because of shortcomings in the fulfillment of such commitments have not yet met, including progress in penalties, interest and costs, all as provided in Article 3: 92 BW.
12.2 The goods supplied by 123seeds falling under the retention of title may only be the normal course of business are sold and never used as currency.
12.3 The customer is not entitled under the retention falling to pledge or otherwise encumber.
12.4 The customer shall already now unconditional and irrevocable consent to 123seeds or a to a third party chosen by 123seeds, whenever 123seeds wishes to exercise its property rights, to enter all the places where her property is located and take away all properties belonging to 123seeds.
12.5 If third parties seize goods delivered under reservation of ownership or right to them to establish or exercise, the customer is obliged to inform 123seeds as soon as may be reasonably expected them to know.
13. Applicable law and Jurisdiction
13.1 All agreements are governed by Dutch law.
13.2 Disputes arising from an agreement between 123seeds and buyer, which can’t be resolved by mutual agreement, will come to attention of the competent court within the district informed Zeeland, the Netherlands, unless 123seeds prefers to give the case to the competent court of the domicile of the buyer, except issues and disputes belonging to the competence of the magistrate.