Terms and Conditions

Article 1 - Definitions

In these conditions:

1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
5. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
6. Model form: the model withdrawal form that the entrepreneur provides that a consumer can fill in when he wants to make use of his right of withdrawal.
7. Entrepreneur: the natural or legal person that offers products and / or services to consumers at a distance;
8. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and / or services, up to and including the conclusion of the agreement only one or more communication techniques are used. distance;
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
10. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

MSB
Keurenplein 41-G82
1069CD Amsterdam
The Netherlands

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every order between entrepreneur and consumer.
2. Before the distance contract 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 distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. In the event that a specific product or service conditions applies in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is applicable to him most favourably. 
4. If one or more provisions in these general terms and conditions at any time in whole or in part are null and void or destroyed, then the agreement and these conditions remain valid and the stipulation in question will be replaced by a provision that the scope of the original approached as much as possible.
5. Situations that are not regulated in these general terms and conditions must be assessed 'in the nature' of these general terms and conditions.
6. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the nature' of these general terms and conditions.

Article 4 - The offer

1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images for products are a true reflection of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the special:

• the price including taxes;
• the possible costs of shipping;
• the manner in which the agreement will be concluded, and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and execution of the agreement;
• the period for accepting the offer or the period within which the entrepreneur guarantees the price;
• the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic tariff for the communication tool used;
• whether the agreement will be filed after the conclusion and, if so, how it can be consulted by the consumer;
• the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in case of an extended transaction.

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfilment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. If the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
5. Each agreement is entered under the suspensive conditions of sufficient availability of the products in question.

Article 6 - Right of withdrawal

Because seeds are living products, they do not fall under the 'right of withdrawal

Article 7 - The price

1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased.
2. The prices mentioned in the offer of products or services include VAT.
3. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 8 - Conformity and Guarantee

1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery.
4. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or the application of the products.
5. The guarantee does not apply if:

• The delivered products are exposed to abnormal conditions or otherwise careless handling or treated contrary to the instructions of the entrepreneur and / or on the packaging.

Article 9 - Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 1 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
4. All delivery dates are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 2 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. As already established in Article 6, seeds do not fall under the right of withdrawal, which also applies to replacement articles. Costs of any return shipment are at the expense of the entrepreneur.
7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Article 10 - Payment

1. Unless otherwise agreed, the amounts due by the consumer must be paid before the products are shipped.

Article 11 - Complaints procedure

1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaint procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
5. If a complaint is found to be well-founded by the trader, the trader will offer the option to replace or repair the delivered products free of charge.

Article 12 - Additional or divergent provisions

Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium. For more information regarding the use of our website and liability disclaimers we would like to refer you to the “Additional Terms of Use” section which can be found here.