General Terms and Conditions of Sale and Delivery of FemTech B.V., the Netherlands, whose registered office is in Dordrecht, the Netherlands. These General Terms and Conditions of Sale and Delivery are deposited at the Chamber of Commerce in Dordrecht, the Netherlands.
Article 1. Application of These General Terms and Conditions
1. These General Terms and Conditions apply to all offers and all agreements made between FemTech B.V., hereinafter to be called the Seller, and the Buyer, except in so far as expressly provided otherwise in writing.
2. The application of any terms and conditions of the Buyer is expressly rejected.
Article 2. General
1. Unless otherwise indicated, product images serve as examples only and may vary from the delivered products. All details in the catalogue, newsletter and on the website are given without guarantee and can be subject to errors.
2. The contract is concluded on written acceptance of the order (order confirmation) or on delivery of the goods.
Article 3. Prices
1. All prices are in Euros, including taxes.
2. Prices are always as posted in the Sellers latest newsletter or on the Sellers website at the time of the order.
Article 4. Orders and Delivery
1. Orders for small packets and wholesale can only be made separately and for organizational reasons cannot be combined. The Buyer will not incur any additional delivery costs as a result.
2. The Seller reserves the right to decline orders (without offering a reason) for economic reasons. Where a product is sold out, a substitute of equal value will only be given where expressly requested. Cancellations will only be accepted for products not dispatched.
3. All goods deliverable from the warehouse are generally dispatched within 2 working days. Once dispatched, delivery within the E. U. takes 3 - 10 working days, and for products delivered to other countries up to 6 weeks. The details given of delivery periods are not binding.
Article 5. Right of cancellation
1. Cancellations will only be accepted for orders not yet processed.
2. Given the delicate nature of these goods there is no legal right to return seeds once delivered. Any defects will be considered under the terms of the conditions as laid out in the section "warranty".
3. In case of effective cancellation, any contractual performance received by either party should be returned and any utilisation made (e.g. interest) remitted.
4. All transport costs in connection with returns are payable by the Buyer.
5. If the Buyer is wholly or partly unable to return the contractual product received from Seller, or where this is only possible in a deteriorated condition, then the Buyer will be liable for compensation to the extent of any lost value. This does not apply for the purchase of goods where this deterioration arises exclusively from its testing such as would have been possible in a shop transaction. Buyer can otherwise avoid this compensation duty if Buyer does not make use of the item as an owner and avoid any action that may lower its value. Items dispatchable as a parcel are to be returned at Sellers costs and risk.
Article 6. Reservation of ownership
1. Goods remain in ownership of Seller until full payment is made.
Article 7. Payment
1. Payment methods include cash, credit card or in advance by bank transfer (bank details below). A detailed list of payment methods is available on the website.
Article 8. Warranty
1. Sellers warranty is offered is accordance with legal provisions.
2. Seller offers no warranty for defects arising from the (continued) use of the goods purchased.
Article 9. Damaged or lost shipments
1. Shipping and importation are at Buyers risk and expense. Costs incurred through import duties, inspection charges, treatments and the like are solely Buyers responsibility. Damage to, or partial loss of shipments must be noted on receipt by the deliverer on the shipping documents. Seller can file a claim for damaged or lost shipments with the shipping company on Buyers behalf. Compensation for damaged or lost shipments may be given in the form of replacements where applicable.
Article 10. Import regulations
1. Seller shall not be held liable for failing to comply with Buyers country's import regulations. It is Buyers responsibility to inform about any regulations and requirements concerning the import of Sellers products.
Article 11. Liability
1. Seller shall not be held liable for any damages or expenses incurred by or through the purchase of Sellers products or the use of Sellers website.
Article 12. Data protection
Your privacy is important to us. We want you to feel secure when purchasing goods from our website. In order to protect your privacy, we have included this notice on our website and would like to explain how we protect your privacy and how we use the information we receive from you. This data protection notice applies to all information collected on the femaleseeds.nl website.
2. Personal data
In so far as personal data may be recorded during the contract, they will be treated confidentially and in accordance with the provisions of the Dutch data protection laws. Personal details will only be requested and used in so far as they are necessary for the drawing up and execution of the related contractual agreement and for any credit check. Users may at any time request information about their personal data as stored by us. They may also request the deletion of such personal data stored by us as long as the contractual relationship is terminated and the storage of the data is not stipulated.
3. Your e-mail address...
...will definitely not be passed on to others (except in so far as this is necessary for completion of the terms of the contractual relationship) in order to protect you from unwanted advertising (spam).
4. Non-personal data
Access data relating to each website access procedure are stored in a log-file. These data are not related to persons; we are not therefore able to identify which users have requested which data. The following data set is stored in relation to each request for information:
- name of requested files,
- date and time of request,
- amount of data transferred,
- access status (file transferred, file not found, etc.),
- the page from which the request was made
- a description of the web browser type used.
In connection with your accessing the site, we receive usage data that is stored for statistical purposes and that may allow identification by means of the IP-address. No commercial use is made of personal data.
5. Technical measures
We have put the necessary technical and electronic measures in place in order to prevent unauthorized access to your personal data. For example, no personal data are stored on our webserver. The secure transmission of your data during the order process is ensured by SSL-encoding.
6. Please contact us at any time if you have further questions regarding data protection.
Article 13. Other
1. Where the Buyer is a business customer, legal person under public law or special asset under public law, our registered office is stipulated as the exclusive place of jurisdiction for all claims arising from this contract. Seller is also entitled to take legal action against the customer in the court of its own registered office.
2. Should any provision of this agreement be wholly or partly invalid or later lose its legal validity, this shall not affect the validity of the remaining provisions.