Article 1: Definitions
The information shown on the Website with regard to the Products, including in any case the price, color and an overview of the properties thereof.
The natural person (Consumer) or legal person who purchases a Product from Seed and Essentials via the Website.
The agreement for the delivery of Products online (at a distance) between Seed and Essentials and the Customer and all further actions between Seed and Essentials and the Customer regarding the delivery of these products.
Products to be delivered or delivered by Seed and Essentials to the Customer, including in any case vegan skincare and also all future products to be delivered.
5. In writing
(Digital) communication by letter, e-mail, social media and comparable online communication services.
The Internet website of Seed and Essentials, namely <www.seedandessentials.com> and all derivative current and future variants thereof.
Any creation or Product from Seed and Essentials delivered under the Agreement.
Article 2: Seed and Essentials
The sole proprietorship Seed and Essentials, established and having offices in Almere, registered in the Trade Register under number 78640822.
Article 3: Applicability
1. The present General Terms and Conditions apply to every Offer and Agreement concluded at a distance and the implementation thereof between Seed and Essentials and the Client. This also includes all actions related to the Agreement, both of a preparatory and executive nature, such as Offer and dispatch. The General Terms and Conditions form the Agreement between Seed and Essentials and the Client.
2. The General Terms and Conditions can be found on the Website and will be made available to the Customer before or at the conclusion of the Agreement (provided electronically). When placing an order via the Website, a tick must be placed next to a link to these General Terms and Conditions.
3. General conditions of the Customer, or any other conditions of third parties, do not apply.
4. If specific product conditions are also in force, the provisions of the previous paragraphs also apply and the Customer can rely on the most favorable provision in the event of a conflict.
5. Seed and Essentials is entitled to unilaterally change these General Terms and Conditions. Changes will be announced on the Seed and Essentials Website.
Article 4: Establishment of the Agreement;
Offer and acceptance offer
1. The Seed and Essentials Offering is displayed on the Website. The Offer includes in any case a photo, the price, the size, ingredients and a description of the Product. With the information shown, a Customer can make a proper assessment of the Product. It is also clear to the Customer which rights and obligations are attached to the purchase of the Product.
2. Seed and Essentials tries to show the Products as accurately as possible in the photos on the Website. However, due to light, technical settings and depending on the device used by the Customer, colors of the Products on the Website may deviate from the color of the real Products.
3. Seed and Essentials is entitled to change the content of the Offer in the meantime for reasons of qualitative improvement.
4. Seed and Essentials is entitled to introduce discounts.
5. Seed and Essentials cannot be held to its Offer if the Client could reasonably assume that the Offer, or any part thereof, contains an obvious mistake or error.
6. The Agreement between Seed and Essentials and Customer is concluded when Customer accepts the Seed and Essentials Offer and meets the conditions set by Seed and Essentials. This is the moment that the Customer clicks the “place order” button on the Website after filling in all his / her details.
7. Immediately after placing the order and making the payment, the Customer will receive a confirmation of acceptance of the Seed and Essentials Offer by e-mail, the confirmation of receipt.
8. If during or after the conclusion of the Agreement it appears that the Product is not (anymore) in stock, Seed and Essentials will immediately inform the Customer In Writing.
9. If the mentioned in paragraph 8 occurs, the Customer is entitled: – to dissolve the Agreement. The payment already made will be refunded within 14 (fourteen) days in the same way as the Client has paid; – suspend the delivery of the Product until the Product is back in stock. The Agreement between the Client and Seed and Essentials remains unchanged, on the understanding that the Client then agrees to a later delivery. Seed and Essentials will inform the Client of the expected later delivery time.
10. The Client is not entitled to transfer its rights and / or obligations under the Agreement to third parties unless Seed and Essentials has given prior Written permission.
Article 5: Products
1. Seed and Essentials strives that the products meet the specifications stated in the Offer, the reasonable requirements of reliability and / or usability and the laws and regulations applicable on the date of the conclusion of the Agreement.
2. An (extra) guarantee provided by Seed and Essentials, its suppliers, manufacturers or importers never limits the legal rights and claims that the Customer has under the Agreement if Seed and Essentials has failed to fulfill its part of the Agreement.
3. An additional guarantee is understood to mean any obligation of Seed and Essentials, its suppliers, importers or producers in which it assigns certain rights or claims to the Customer that go beyond what it is legally required to do in the event that it fails to comply with its part of the agreement.
Article 6: Delivery
1. Delivery of the Products takes place within the delivery period stated on the Website and with the delivery service made available by Seed and Essentials and the conditions and rates associated with this service.
2. The place of delivery is the address that the Client has provided to Seed and Essentials via the Website. Reference is made to article 8 paragraph 2 of these conditions.
3. Seed and Essentials is entitled:
– to engage third parties for the implementation of the Agreement. The necessary care will be taken in this regard. Seed and Essentials is however not liable for any shortcomings of these third parties.
– to deliver the order in parts, if applicable.
4. Seed and Essentials strives to deliver the products within the delivery period stated on the Website. The term agreed or stated for the delivery of the Products is indicative and never a strict deadline. In such a case, there is no right to dissolution or compensation for the Client. In the event that this is exceeded, Seed and Essentials will contact the Customer to determine the delivery date in consultation and the Customer will allow Seed and Essentials a reasonable period to deliver the Products.
5. No later than at the conclusion of the Agreement, Seed and Essentials will provide the Customer with the following information In Writing: price of the Product and the additional shipping costs, method of payment of the Customer, contact details for Seed and Essentials and complaints procedure, possible withdrawal option and information and return instructions required for this.
6. The moment Seed and Essentials transfers the products to the delivery service or Customer, the risk of damage and / or loss of the product transfers to Customer, whereby the responsibility of Seed and Essentials expires.
7. If the Customer refuses to accept the product upon delivery by or on behalf of Seed and Essentials, Seed and Essentials is entitled to store the product at the expense and risk of the Customer.
Article 7: Rates and Payment
1. The Agreement is concluded on the basis of the binding and fixed Rate stated in Euros by Seed and Essentials on the Website.
2. Unless stated otherwise, all stated prices are inclusive of VAT and exclusive of shipping costs, special or additional import duties, customs clearance costs and other levies imposed by the government.
3. Seed and Essentials is entitled to adjust the stated prices for promotional purposes such as sale. It is not possible for the Customer to combine promotions, only one promotion per Product is allowed. A price change after the conclusion of the Agreement does not entitle the Client to dissolution or compensation.
4. Prices and other conditions stated in the Offer only relate to that Agreement and therefore do not automatically apply to a new Offer.
5. The shipping costs depend on the country to which the shipment will be made at the request of the Customer and are calculated and stated in the settlement.
6. If export or import duties become applicable as part of the shipment, these will be borne by the Customer. Costs that are charged by third parties are not part of the prices and services of Seed and Essentials.
7. Sales tax is not applicable for sales to Customers outside the European Union (EU); however, they have to pay the relevant national import duties.
8. Payment must be made net to the Seed and Essentials bank account, without any discount, deduction or settlement and is made according to the payment methods stated on the Website when paying for the order. It is not possible to pay afterwards. As soon as the Customer has clicked “place order” and has specified his / her bank, the Customer will be directed to the bank environment where the payment takes place.
9. Incoming payments always serve to settle judicial and extrajudicial costs and interest, and subsequently serve to settle the oldest payment obligations outstanding at Seed and Essentials, independent of any other instruction by the Client.
Article 8: Liability
1. Seed and Essentials makes every effort and to the best of its knowledge and ability to execute the Agreement to the best of its knowledge and belief. Seed and Essentials has a best efforts obligation and hereby provides no guarantee with regard to the result of work performed by it. In the event of an attributable shortcoming in the fulfillment, Seed and Essentials is only liable for the direct and indirect damage including but not limited to replacement or processing costs of the Customer related to or arising from the Agreement, if this damage is the result of intent or gross negligence or recklessness on the part of Seed and Essentials.
2. Seed and Essentials is not liable for damage caused by incorrect, late or incomplete information sent online by the Customer via the internet.
3. The liability of Seed and Essentials never goes beyond reimbursement of a maximum of the invoice value agreed between the parties of the products delivered by Seed and Essentials to the Client. The extent to which the failure could be attributed to Seed and Essentials determines the amount of compensation. Slight deviation cannot lead to compensation. Seed and Essentials never covers more than the amount of damage reimbursed and paid out by its insurer under the business liability insurance.
4. Direct or indirect damage resulting from entering into, maintaining and / or handling transactions and agreements between the Client and its (third) contracting parties never falls under the liability of Seed and Essentials. Damage must be reported to Seed and Essentials in Writing immediately after it occurs.
5. Any claim against Seed and Essentials lapses by the mere lapse of 12 months after the claim arose.
6. Provisions in this article do not apply if the damage was caused by intent, gross negligence or recklessness on the part of the Client.
7. At all times, Seed and Essentials and the Client will do their utmost to find a solution in consultation.
Article 9: Force majeure
1. If Seed and Essentials is prevented from (further) executing the Agreement due to force majeure of a permanent or temporary nature, regardless of whether the force majeure could be foreseen, Seed and Essentials and the Client are not obliged to comply with an obligation on time. from the commitment that exists between the parties. Seed and Essentials is in this case entitled, without any obligation to pay compensation, to fully or partially terminate the Agreement In Writing and without judicial intervention, without prejudice to the right of Seed and Essentials to payment for performance already performed by Seed and Essentials, or the (further) suspend performance of the Agreement in whole or in part.
2. Force majeure is understood to include; non-attributable shortcoming of one of the parties as well as third parties or suppliers engaged by Seed and Essentials, pandemic, epidemic, government measures in force, Seed and Essentials disease, the temporary unavailability or insufficient availability of equipment or other telecommunication connections that are necessary proven for the delivery of the Products, riots, war, as well as any other situation in which Seed and Essentials and the Customer cannot exercise decisive control.
3. Force majeure also includes:
– the situation in which the suppliers on which Seed and Essentials is dependent to (timely) execute the Agreement do not (timely) deliver or otherwise fail to fulfill their contractual obligations towards Seed and Essentials;
– delay, seizure or destruction by customs.
4. The parties will notify each other in Writing of a situation of force majeure as soon as possible. If possible, the parties will try to find a solution in consultation.
5. If the situation of force majeure lasts longer than 14 days, both Seed and Essentials and the Client are entitled to suspend or dissolve the Agreement, whereby costs incurred by the Client will be returned.
6. Damage suffered as a result of force majeure is not at the expense and risk of Seed and Essentials.
Article 10: Customer’s obligation to investigate and Complaints
1. The Customer must examine the Products as soon as possible after receipt and assess whether they meet the quality and quantity that are customary in normal (trade) traffic. This means, among other things, that the Customer must examine whether the delivered products have all the properties they should have and whether they are complete and undamaged.
2. Complaints must be communicated to Seed and Essentials in writing, clearly and if necessary substantiated with photos within a reasonable term after the defect has arisen.
3. Seed and Essentials strives to answer complaints in Writing and with motivation within 14 (fourteen) days after receipt. If Seed and Essentials expects a response to take longer, it will indicate this as soon as possible.
4. In any case, the customer gives Seed and Essentials 4 (four) weeks to resolve a complaint in mutual consultation. After this period, the complaint is subject to dispute resolution.
5. If the complaint is declared well-founded, the Customer is entitled to repair, replacement (redelivery) or to cancel redelivery. It applies here that minor deviations, deviations customary in the industry and properties that are specific to the product or brand concerned, such as quality, quantity, size, color or finish, cannot be charged to Seed and Essentials.
6. In no case does a complaint justify suspension by the Client of a claimable obligation. In the case of an order with multiple products, the complaint with regard to one of those products does not affect the obligations under the Agreement with regard to the other products.
Article 11: Intellectual Property
1. Copyrights or any other (intellectual) property rights to the format and content of the Website, the Seed and Essentials Logo, concepts, creations, works, proposals, communications on the internet, e-mails, techniques, other documents and information. or any other expressions of, on behalf of or by Seed and Essentials are vested in Seed and Essentials.
2. Intellectual property rights to products delivered to the Customer under the Agreement rest with Seed and Essentials and / or its licensors and other third parties with whom the copyright rests.
3. The intellectual property rights, copyrights and (sub) licenses referred to in paragraphs 1 and 2 cannot be transferred by agreement, unless agreed otherwise in Writing.
4. Without prior Written permission from Seed and Essentials, it is not permitted to edit, reproduce or publish any concept, material or information supplied by Seed and Essentials to the Client, in whole or in part, through any medium made available to third parties. or to make it available to third parties, whether or not for a fee. It is not permitted to remove or change any indication regarding rights from information supplied by Seed and Essentials.
5. Any use of a work that has not been agreed will be considered an infringement of Seed and Essentials copyright. Violation of the copyright or any other intellectual property right as described in the previous provisions of Seed and Essentials by the Customer or a third party who directly or indirectly acts in the exercise of the Agreement will immediately lead to a fine of at least EUR 1,000.00 being paid to Seed and Essentials. . The customer also compensates the actual damage suffered by Seed and Essentials.
6. The Client indemnifies Seed and Essentials against all claims from third parties within and out of court that are related to the provisions of this article and also fully indemnifies Seed and Essentials with regard to these claims and all damage suffered or to be suffered as a result or in connection with them. in whatever form.
7. Customer gives Seed and Essentials permission for use for promotional purposes such as, but not limited to, portfolio, blog or social media. The Client can object to publication in Writing in advance.
8. Seed and Essentials can grant permission to distribute its Work. The following applies: a. The name of Seed and Essentials must be clearly stated next to a Work used, or must be included in the publication with a reference to the work. b. The Client shall at all times observe the personality rights of Seed and Essentials in accordance with Article 25 Aw when reproducing and publishing a Work.
Article 12: Withdrawal No revocation possible
1. The statutory right of withdrawal offers the Client the option to withdraw from the Agreement within the cooling-off period, free of charge and without stating reasons, subject to the statutory grounds for exception. One of those grounds for exemption concerns health protection and hygiene. Products that cannot be taken back after opening due to hygienic or health risks may be excluded from withdrawal.
2. The Products of Seed and Essentials are by their nature not suitable to be returned for reasons of health protection and hygiene. The Products are also not provided with a seal that can be broken or any other protective film or means. For that reason, it is unfortunately not possible for Customers to return Products by invoking the right of withdrawal.
Article 13: Privacy and Cookies
2. Seed and Essentials uses high-quality security techniques and encryption of the Personal Data. In case of negative interventions outside the influence of Seed and Essentials, reference is made to article 9 of these General Terms and Conditions.
3. Seed and Essentials does not accept any liability for any damage caused by actions of the Customer in violation of this article.
Article 14: Website
1. Seed and Essentials is at all times entitled to adjust the Website in terms of content, layout and other necessities at the discretion of Seed and Essentials.
2. Seed and Essentials strives for the Website to function properly at all times and to make it permanently accessible to the Client, but cannot guarantee that the Website will function at all times without restrictions or malfunctions, partly because of necessary maintenance and dependence on Internet and technologies website. In that case, you can always call the telephone number as stated on the Website or email firstname.lastname@example.org.
3. Seed and Essentials does not accept any liability or responsibility with regard to any damage resulting from or in connection with the use of the Website and its content. Direct or indirect damage as a result of programming by third parties, viruses and hackers that can lead to the modification, destruction, deformation, deactivation or inoperative of software, hardware and / or data of the Customer, Visitor or third parties is never the responsibility of Seed and Essentials.
Article 15: Choice of forum
1. The Agreement between Seed and Essentials and the Customer is exclusively governed by Dutch law unless the parties agree otherwise in writing in advance.
2. Disputes between Seed and Essentials and the Client that cannot be settled amicably will be submitted to the competent Court of Midden-Nederland.