Terms and conditions of use

Contents:

Article 1- Definitions

Article 2- Corporate Identity/Entrepreneur

Article 3- Relevance

Article 4- Offer

Article 5- Agreement

Article 6- Right of Withdrawal

Article 7- Withdrawal Costs

Article 8- Exclusion Right of Withdrawal

Article 9- Pricing

Article 10- Conformity and Guarantees

Article 11- Delivery and Execution

Article 12- Length transactions: duration, termination and extension

Article 13- Payments

Article 14- Complaints

Article 15- Disputes

Article 16- Additional and Different Provisions

 

Article 1 – Definitions

In these Conditions/Terms the following definitions are applicable:

Consideration time: the term during which the consumer can execute the right of withdrawal.

Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.

Day: calendar day

A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.

Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.

Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.

Entrepreneur: the natural person or corporation who offers distance products to consumers.

Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.

Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.

Article 2- Corporate Identity/Entrepreneur

Article 3- Relevance

These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.

Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.

If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.

For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms which are the most favorable for the consumer.

Article 4- Offer

If an offer has a limited validity or has other specifications, this will be emphatically mentioned.

The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.

Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:

price inclusive taxes

possible costs of delivery

the manner in which the agreement has been concluded and the necessary signatures

whether to apply the right of withdrawal

the method of payment, delivery and performance of the contract

the deadline for accepting the offer or the period within which the entrepreneur guarantees the price

the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication

if the agreement after the conclusion is archived and if so how to consult it for the consumer

the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement

any other languages, including Dutch, for the agreement

the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and

the minimum duration of the distance agreement in the event of a length transaction.

Article 5- The Agreement

The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.

If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.

The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.

The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:

a. The address of the company for the consumer to file complaints

b. The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.

c. Information about after sales guarantees and services

d. Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.

e. The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.

In case of a length transaction the previous clause e. is only applicable for the first delivery.

Article 6- Right of Withdrawal

Deliverance of products:

After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.

During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.

Deliverance of Services:

After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.

In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.

Article 7- Withdrawal Costs

If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.

If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.

Article 8- Exclusion Right of Withdrawal

The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for the following products:

a. Which are established by the entrepreneur according to specifications of the consumer

b. That they are clearly personal in nature

c. Which cannot be returned because of their nature

d. That can spoil or age quickly

e. Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence

f. Individual newspapers and magazines

g. For all products for which cannot be established that it concerns the original product that was delivered by Herborist.net and affiliates domains

Article 9- Pricing

During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.

Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:

a. These are the result of legal regulations or provisions; or

b. The consumer has the competence to terminate the agreement from the day the price increase takes effect.

The in the offer mentioned prices include VAT.

Article 10- Conformity and Guarantees

The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.

Article 11- Delivery and Execution

The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.

The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.

Taking into account what is stated in article 4 of the general conditions/terms , the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.

In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.

If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.

The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days.

Article 12- Length transactions: duration, termination and extension

Terminate

The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products (electricity included) and services respecting the applicable termination rules of a notice of not more than one month.

The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products (electricity included) or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.

The consumer can in the agreements in the previous mentioned paragraph:

at all times terminate with no restrictions to terminate at a certain time or during a certain period

at least terminate in the same manner as they are entered into by him

at all times terminate with the same notice as the entrepreneur has obtained for himself.

Extension

An agreement which has been entered for a definite time and which extends to a regular delivery of products (including electricity) or services may not automatically be extended or renewed for a fixed duration.

Notwithstanding the previous paragraph an agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines may be extended automatically for a specified duration of three months. If the consumer can terminate this extended agreement at the end of the extension period with a notice of one month.

An agreement which has been entered for a definite time and which extends to a regular delivery of products and services, may only be automatically extended for an indefinite period if the consumer at any time terminate with a notice period of no more than one month and a notice period of no more than three months if the in case the agreement extends to a regular delivery, but less than one time per month, of daily newspapers, weeklies and magazines.

An agreement which has been entered for a definite time and which extends to a regular delivery of daily newspapers, weeklies and magazines (trial and introductory subscription) will not be automatically be extended and terminates automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration period of more than one year, the consumer may after one year terminate at any time with a notice period of not more than one month unless reasonableness and fairness are opposed against termination before the end of the agreed duration.

Article-13 Payments

Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.

When selling products to consumers, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.

The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.

In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.

Article 14- Complaints

The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.

Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.

The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.

If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.

Article 15- Disputes

Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.

Article 16- Additional and Different Provisions

Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.

GENERAL DISCLAIMER

The Vienna Convention 1961 does not apply to hemp/cannabis seeds. However, under Article 36.18 of the Organic Law on the Protection of Public Safety and Article 368 of the Criminal Code, the cultivation of cannabis can result in administrative and penal sanctions. Herborist.net is not responsible for the misuse of any products sold. The Herborist.net store, and all of its domains, comply with Spanish law.

Herborist.net, and its domains, sell and ship its seeds under the condition that third parties do not use them to break the law. Products sold are for private purposes only!

Anyone who purchases a product from the Herborist.net store takes full responsibility for their actions, and is responsible for understanding the laws of their country.

Herborist.net, and its domains, only sell its products within the EU.

All product descriptions and pictures found on the Herborist.net website originate from the Netherlands, where the use of certain substances has been decriminalised. As such, they will often describe the effects certain substances can induce upon consumption. Under no circumstances does this mean these products are OK to consume; these pictures and descriptions are only for informative, entertainment or scientific use only. Should any product bought on the Herborist.net website, or any of its domains, be used for human consumption, the buyer accepts full responsibility for any outcome.

The laws in force regarding cannabis seeds differ from nation to nation. Therefore, we urge you to inquire into the laws in force in your country.

In some cases, it’s possible to obtain an exemption for seeds intended for medical, industrial or agricultural use. In some nations, selling hemp seeds is possible even without a licence. If the cannabis seeds are imported or exported, a notification can be required. If notification requirement is applicable in your country, please inform us in good time.

In some nations, growing cannabis seeds for industrial or medical use is not allowed; in fact, it’s severely prohibited.

It’s important to us to point out that we have no intention of violating or breaking the law of any country by delivering our cannabis seeds. We supply cannabis seeds only provided they will not be used in conflict with any laws. However, we highlight the fact that anyone who purchases our cannabis seeds is responsible for the use he or she puts them to. Herborist.net disclaims any responsibility in this sense.

Herborist.net will never allow permission to distribute its seeds in or towards countries where hemp trade is illegal. We also advise against purchasing our seeds from other companies that deliver worldwide.

Prices are subject to change.

DISCLAIMER

Seeds are being sold only as samples for purpose of different subspecies geneticist and its samples and are intended only for adults (over 18 years old). These seeds were sold only under the condition, that they won’t be used against the applicable laws in the country. There is no intention to promote, advertise or anyhow initiate further producing, possession or use of illegal substances.

WARNING

Usage of this product, leading to towards cultivating plants and cannabis misuse may be associated in addition to criminal and legal consequences. It may cause serious health risks, psychological and social disorders, even while the so-called recreational use.

We emphasize that all people, buying seeds are solely responsible for dealing with these conditions!

All product sold on Herborist.net are THC free, there is no trace amount of THC included.

CBD is not a medicine and should not be used as a medication or for any health benefit this apply to all products.


PRIVACY AND COOKIE POLICIES

1.1 ACCOUNT

You can only make purchases if you have a personal account. If you create an account or make a purchase in our webshop, we collect the following personal information as part of the buying and selling process (execution of agreement):

First and last name

Residential and billing address

Phone number

Your gender

IP address

Email address

Date of birth

We collect and store account-related information for the following purposes:

1. To fulfil our obligations under the agreements between you and us, and to provide you with the requested information, products, and services (execution of agreement);

2. To set up and manage your account, and to contact you about your account and orders (execution of agreement);

3. To conduct customer and market research to optimise the shopping experience (legitimate interest). Our store holds thousands of products. We are happy to help you find what you are looking for. In addition, based on the data, we can improve our webshop and investigate potentially relevant additions to our range. The results cannot be traced back to individual customers in any way, and this research is only carried out with your explicit permission;

4. To confirm the age and identity of our customers (a), to adequately address customers (b), to investigate, prevent, and deter unauthorised access and fraud (c), to make parts of our website/products inaccessible for specific countries (d), and to protect our online environment (e) (all legitimate interest).

The above account-related information remains relevant as long as the customer owns an account. Therefore, this information remains documented as long as the account exists. However, we never keep the personal data of inactive customers/accounts longer than ten years. The related data will also be deleted soon after you delete your account. Requests for assessing or correcting stored personal information or deleting an account can be sent to [email protected]. You can also contact us for other requests regarding your data under the General Data Protection Regulation (GDPR) and/or object to the processing of your data, which is possible when the processing of your data is based on our legitimate interest.

1.2 NEWSLETTERS

We can send you newsletters about our webshop, new products, and other updates with your explicit permission. We only send them with your consent. In the context of the newsletter, the following information is collected:

First and last name

Email address

Country of origin

We will use the collected data to:

1. Personalise our emails, i.e. your first/last name.

2. Exclude parts of our website/products in country-specific communications.

We will only keep personal information when strictly necessary. The consent for newsletters remains in effect as long as you are registered. We will also save the associated personal data linked to the registration. Periodically (monthly), we perform a relevance check. If registered persons do not respond to our request, we will delete them (and their personal information). You can also withdraw your consent at any time through the opt-out link in the newsletter, the contact information in article 2, or your individual preferences (account settings).

1.3 CUSTOMER SERVICE

Our customer service representatives have access to account-related information (execution of agreement) to provide appropriate support. This allows us to improve our customer service and be more user-friendly. The data you provide through our contact form is processed by our CRM provider. Our customer service only uses your information to respond to your message(s). We store any correspondence with our customer service as long as you are an active customer. This way, we can help you more quickly and accurately next time. Phone calls are not used for training purposes and are therefore not recorded or stored. We store private messages through social media (Facebook, Instagram, or Twitter) for a maximum of 6 months.

ARTICLE 2 — CONSENT

We will collect the personal information you provide to complete a transaction, verify your credit card, place an order, arrange a delivery, or return a purchase solely to execute the purchase agreement. If we ask for your personal information for a secondary reason, such as for marketing purposes, we ask for your explicit consent or give you the option to say no (when processing is based on legitimate interest).

2.1 WITHDRAWING CONSENT AND RIGHTS OF ALL INVOLVED

Have you changed your mind after giving permission? You can withdraw your consent for contacting, further collecting, using, or disclosing your information at any time. Please get in touch with us at [email protected].

All data subjects (e.g. customers) whose personal data is processed have the right to access, object, limit the processing of personal data, change or delete, erasure, and data portability (right to transfer data). Please get in touch with us at [email protected] for such requests. Are you not satisfied with how We handles your privacy? You can contact the privacy authority (See website Dutch Data Protection Authority).

ARTICLE 3 — DISCLOSURE

We may disclose your personal information if we are required to do so by law or if you violate our Terms and Conditions.

ARTICLE 4 — COOKIES

Cookies are small pieces of information that inform your computer about previous visits to our website. These are stored on your hard drive, not on our website. Your computer shows us the cookies when you use our website so our site knows if you have visited before. Cookies allow our website to function faster and remember things from previous visits (such as your username) to improve your current visit. We uses two types of cookies: functional and analytical cookies.

4.1 FUNCTIONAL COOKIES

We use functional cookies to improve your online experience. They keep track of what you place in the shopping cart, among other things. The use of these cookies does not require prior consent.

4.2 ANALYTICAL COOKIES

We use analytical cookies for market research and analysis. The collected data is anonymised and thus meaningless to others. We uses the following analytical cookies.

4.3 DELETE OR DISABLE COOKIES

You can also disable or delete cookies, but keep in mind that the website may not function optimally. Disabling or deleting cookies depends on the browser. We recommend looking online for advice on your specific browser to manage your cookie settings.

ARTICLE 5 — THIRD-PARTY SERVICES

We require third-party services for transactions and the provision of our services. In general, these third parties collect, use, and disclose your information only to the extent necessary to provide their services to us.

Certain third-party service providers, such as payment providers and other payment processors, have their own privacy policies regarding the information we must provide to them for the transactions related to your purchase.

Regarding these providers, we recommend that you read their privacy policies to gain more insight into how they handle your personal information. Some providers are located or have facilities in a jurisdiction that differs from yours or ours. If you choose to proceed with a transaction involving the services of a third party, your information may be subject to the laws of the concerning jurisdiction(s) of that service provider or its facilities.

Once you leave our website or are redirected to a third party's site or application, you are no longer subject to this privacy policy or our Terms and Conditions.

WEB ANALYTICS SERVICE (ANONYMISED DATA)

We have integrated part of a web analysis service (with the anonymisation function). We can define web analytics as the collecting and analysing of data regarding visitor behaviour on websites. Among other things, a web analysis service collects data about which website the visitor comes from (the so-called referrer), the visited sub-pages, and the frequency and duration of a sub-page visit. The primary use of web analysis is to optimise a site and construct a cost-benefit analysis of internet advertising.

COURIER SERVICE

We use a courier service to complete deliveries, as this facilitates the transport between our company and the customer's address. To make this logistically possible, we need access to certain information. Examples include the customer's name and address.

MAILING SERVICE

We uses an external mail service provider to send the newsletter. The provider has limited access to account information related to opt-in permission (e.g. email address). This external email provider has concluded a processing agreement to guarantee your privacy. This agreement states the measures they take to ensure the highest degree of data protection, the type of personal data to which the agreement relates, and the duration, purpose, and nature of the data processing.

MARKETING SERVICE

We receives support from a company that specialises in marketing and communication activities. Access to personal information is minimal, and the info is mainly anonymous. All external marketing support services are subject to a processing agreement when necessary.

PAYMENT SERVICES

We uses third-party payment services to complete transactions (e.g. credit card payments).

ARTICLE 6 — SECURITY

We take the necessary precautions to protect your personal information and follow best practices for the industry. With this, we ensure that the data is not mistakenly lost or misused, viewed, revealed, changed, or destroyed.

When you provide us with your credit card information, it is encrypted using secure sockets layer technology (SSL). The data is stored with AES-256 encryption. While no internet transmission or electronic storage is 100% secure, we comply with all PCI DSS requirements and implement additional generally accepted industry standards. A hash function protects account-related information. Data is converted into a generated hash to protect sensitive information; it is not even visible to us. In addition, our databases are extremely well-guarded against unauthorised individuals. Access to the databases is, for example, solely possible and allowed with authorised IP addresses (e.g. with the IP address of We headquarters). Other attempts or addresses will be refused at all times. When you make a purchase, our payment processors guarantee your credit card information security. We do not collect credit card information or store any information about your credit card in our system. Any data is anonymised as much as possible, so it cannot be linked directly to a specific customer. However, we can use the information for market research and analysis. Furthermore, we screen relevant third parties (e.g. the mailing service) before our partnership. They also comply with the GDPR and are bound by a processing agreement. We's employees have specific rights to access only the information they need to perform a task.

Digital security criteria are subject to change and must meet high standards to ensure the safety of online customers. That is exactly why we have appointed a security manager. Regular monitoring and modification of security measures (if necessary) are part of that procedure.

ARTICLE 7 — CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this privacy policy at any time, so please review it regularly. Modifications and clarifications will be effective immediately upon publishing to the website. We will inform you here if we make changes. This way, you always know what information we collect, how we use it, and under what circumstances (if applicable) we share and/or reveal that information.

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