GENERAL TERMS AND CONDITIONS OF PURCHASE
This document establishes the General Terms and Conditions of the contractual relationship between SNORKEL SPAIN, SL (hereinafter, "ROYAL QUEEN SEEDS") with registered address at Calle Vilar d'Abdelà, 5 (nave 1) CP: 08170 Montornès del Vallès, with NIF: B-65812810, and the natural persons (hereinafter, "CUSTOMER") who express their intention to purchase products by means of a request made via the internet through this Website.
These user requests constitute the particular conditions to which these General Terms and Conditions are associated and which the CUSTOMER must necessarily accept telematically prior to purchasing the product. The CUSTOMER is presented with these conditions on this Website so that they can read, print, file and accept them. The CUSTOMER may always access these General Terms and Conditions via the Website.
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Clause 1 – Definitions
The following definitions apply to these Terms and Conditions:
- Company: The natural or legal person who offers products remotely to consumers.
- Consideration period: Period for the consumer to exercise the right of withdrawal.
- Consumer: A natural person not acting on behalf of a company or profession, who enters into a remote agreement with the company.
- Day: Calendar day.
- Durable medium: Any instrument that enables the recipient or the company to store information addressed personally to them in a manner accessible for future reference for a period of time appropriate to the purpose of the information, and that allows for the unchanged reproduction of the stored information.
- Long-term transaction: A remote agreement relating to a series of products and services for which the obligation to deliver and purchase extends over a period of time.
- Remote agreement: An agreement based on an organised corporate system of distance sales of products and services that includes the conclusion of an agreement using one or more remote communication means.
- Remote communication means: Means that can be used to conclude an agreement without the consumer and the company representative having met in the same place at the same time.
- Right of withdrawal: The consumer's choice to withdraw from the remote contract within the period of consideration.
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Clause 2 – Subject Matter of the Contract
By these General Conditions, ROYAL QUEEN SEEDS commits to deliver to the CUSTOMER the products that they have ordered through the Website in return for a specific price.
By purchasing the products available on this Website, the CUSTOMER declares that:
a) They are a person of legal age and have the capacity to contract.
b) They have read, understood and accepted these General Terms and Conditions of Contract.
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Clause 3 – Changes to General Terms and Conditions
ROYAL QUEEN SEEDS reserves the right to modify these General Terms and Conditions at any time, without prior notice to the CUSTOMER, who, in any case, is responsible for reviewing them as a prior requirement for the purchase of any product available through this Website. In any case, the General Terms and Conditions displayed on the Website at the time the CUSTOMER acquires the corresponding products shall be considered valid and applicable.
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Clause 4 – Rights and Obligations of Royal Queen Seeds
4.1. Responsibility. ROYAL QUEEN SEEDS under no circumstances shall be liable in relation to:
4.1.1. Errors, delays in access by the CUSTOMER when entering their data in the order form, the delay or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are caused by problems in the internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of the company. In any case, ROYAL QUEEN SEEDS commits itself to solve the problems that may arise, and to offer all the necessary support to the CUSTOMER in order to reach a quick and satisfactory solution to the incident.
4.1.2. Errors or damages caused by an inefficient and bad faith use of the service by the CUSTOMER.
4.1.3. Non-operability or problems in the email address or telephone number provided by the CUSTOMER for the dispatch of the order confirmation.
4.1.4. For any type of damage that the CLIENT or third parties may cause to the Website.
4.1.5. ROYAL QUEEN SEEDS reserves the right to suspend access without prior notice at its discretion and on a definitive or temporary basis until the effective responsibility for any damage that may occur is ascertained. Likewise, ROYAL QUEEN SEEDS will collaborate and notify the competent authority of these incidents as soon as it has reliable knowledge that the damage caused constitutes any type of illicit activity.
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Clause 5 – Offer
If an offer has a limited scope of validity or has other specifications, this will be mentioned emphatically.
The offer contains a complete and accurate description of the products and services offered. The description is sufficiently detailed to allow a proper evaluation of the products/services by the consumer. The images used by the company are true representations of the products and services. Obvious mistakes and errors do not bind the company.
Each offer contains enough information to make it clear to the consumer which rights and obligations are connected with the offer when it is accepted by the consumer. This relates in particular to:
- price including taxes
- possible delivery costs
- the form in which the agreement has been concluded and the necessary signatures
- whether the right of withdrawal applies
- the form of payment, delivery and fulfilment of the contract
- the deadline to accept the offer or the period of time within which the company must secure the price
- the level of the distance communication fee if the costs for the use of the distance communication technology are calculated on a different ground than the regular communication fee
- whether the agreement is archived after conclusion and, if so, how the consumer may retrieve it
- how the consumer, before concluding the agreement, can check and, if necessary, also restore the information provided by them under the agreement
- any other language for the agreement
- the conduct codes to which the company is bound and the way in which the consumer can access the conduct codes online
- the minimum duration of the remote contract in the case of a long-term transaction
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Clause 6 – The Agreement
The agreement ends, notwithstanding clause 5, at the time the consumer accepts the offer and fulfils the conditions.
If the consumer accepts the offer online, the company immediately confirms by email that it has received the acceptance of the offer. As long as the company has not confirmed the acceptance, the consumer can withdraw from the contract.
If the agreement is established online, the company shall take appropriate technical and organisational measures to protect the online transfer of data and ensure a secure web environment. If the consumer can pay electronically, the company shall observe the necessary safety measures.
The company can notify or check, within the legal framework, whether the consumer is able to fulfil the payment obligations, and also check all important facts and factors that are necessary to complete the remote agreement. If the company, based on the investigation, has good reasons for not concluding the agreement, then it is entitled to motivate and reject an order/request, or special conditions can be bound to the execution of the offer.
The company must send the following information together with the products or services, in written form or in a form that the consumer can store the data in an accessible manner on a durable medium:
- the address of the company for the consumer to lodge a complaint
- the conditions and the procedure for the consumer to exercise the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal
- information on warranties and after-sales services
- Clause 4, paragraph 3, unless the company has already sent this information prior to the execution of the agreement
- the requirements for termination of the contract if the contract has a duration of one year or longer, or if it has an indefinite duration
In case of a long-term transaction, the above clause is only applicable for the first delivery.
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Clause 7 – Right of Withdrawal and Cancellation
The CUSTOMER has the right to withdraw from this contract within 14 calendar days without providing any explanation. The withdrawal period will expire on the 14th calendar day after you or a third party indicated by you, other than the carrier, acquired the material possession of the goods.
To exercise the right of withdrawal, you must notify us with: your name, your full address and, if available, your telephone number, your fax number, your email address and your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email).
You can use the model withdrawal form below, although it is not mandatory. You also have the option of completing and submitting the withdrawal form, or any other unequivocal statement, by email to [email protected]. If you choose to exercise this right, we will promptly inform you of the receipt of the withdrawal by email. In order to comply with the withdrawal period, it shall be sufficient for you to communicate that you wish to exercise this right before the expiry of the withdrawal period.
Consequences of withdrawal:
In the event of a withdrawal, we will reimburse all payments received from you, including shipping costs (with the exception of the additional costs resulting from your choice of delivery method other than the least expensive ordinary delivery method offered by us), without undue delay and in any event no later than 14 calendar days from the date we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly indicated otherwise; in no event will you incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back, or until you have provided proof of return; whichever happens first.
If you have received goods under the contract, you must return the goods to us, or deliver them directly to us or to the address provided to you after sending an email to [email protected], without undue delay and in any case no later than 14 calendar days from the date you notify us of your decision to withdraw from the contract. The deadline will be deemed to have been met if you return the goods before the end of this period.
Standard Withdrawal Form
(you only have to fill in and send this form if you want to withdraw from the contract)
- To the attention of SNORKEL SPAIN, SL, Apartado de Correos 146, 08170 Montornés del Vallés (Barcelona), [email protected]
- I hereby inform you that I am terminating my contract of purchase for the following item:
- Ordered on/received on
- Customer’s name and username
- Customer's address and username
- Customer's signature and username (only if the form is sent in printed form)
- Date
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Clause 8 – Withdrawal Costs
If the consumer exercises the right of withdrawal, they will only have to pay the cost of sending the product back to us.
If the consumer has made a payment, the company shall refund this amount as soon as possible, but at the latest within 14 days after the withdrawal or the return shipment.
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Clause 9 – Right to Exclude the Withdrawal Option
The company may exclude the consumer's right of withdrawal to the extent provided for in clauses 2 and 3. The exclusion of the right of withdrawal only applies if the company has clearly mentioned this at least in good time before the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for the following products:
- those designated by the company according to the consumer's specifications
- those that are of an obvious personal nature
- those that cannot be returned due to their nature
- those that can quickly decay or age
- those whose price is subject to fluctuations in the financial market over which the company has no control
- individual newspapers and magazines
- those for which it cannot be established that the product is the original product delivered by www.royalqueenseeds.com
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Clause 10 – Prices
During the period of validity mentioned in the offer, the prices of the products and services offered shall not increase, except for price changes due to changes in VAT rates.
Notwithstanding the provisions of the previous paragraph, the company may offer products and services with variable prices when these prices are subject to fluctuations in the financial market in which the company has no influence.
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Clause 11 – Conformity and Warranty
The company ensures that the products and services comply with the agreement, ensures the specifications mentioned in the offer, provides reasonable requirements, soundness and/or serviceability and guarantees the legal and/or governmental regulations in force at the date of establishment. If agreed, the Company also ensures that the product is suitable for other than normal use.
A warranty provided by the company, manufacturer or importer does not alter the rights and claims that the consumer under the agreement can bring against the company.
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Clause 12 – Delivery and Fulfilment
The company shall observe with the utmost care the receipt and execution of orders for products and the assessment of requests for services.
The place of delivery is deemed to be the address that the consumer has made known to the company.
Taking into account the provisions of clause 4 of the General Terms and Conditions, the company shall execute accepted orders as quickly as possible, but within 30 days at the latest, unless a longer period has been agreed upon. If the delivery is delayed, cannot be carried out or cannot be completed in part, the consumer shall be informed at the latest 30 days after the order has been placed. In this case, the consumer has the right to withdraw from the contract at no additional cost and is entitled to compensation.
In the event of withdrawal in accordance with the preceding paragraph, the company shall refund the amount paid by the consumer as soon as possible, and no later than 30 days after the withdrawal.
If delivery of an ordered product seems impossible, the company shall endeavour to make a replacement product available. It must be clearly and comprehensively stated at least prior to delivery that a replacement product will be delivered. The right of withdrawal cannot be denied in the case of replacement products. The costs of a possible return shall be at the expense of the company.
The risk of damage and/or loss of the products is borne by the company until the moment of delivery to the consumer or to a representative previously appointed and announced to the company, unless otherwise expressly agreed. If you receive a damaged product, you must report it by email within three days.
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Clause 13 – Payments
Unless otherwise agreed, the amounts due must be paid by the consumer within 7 days after the entry into the cooling-off period referred to in clause 6, paragraph 1. In case of an agreement to provide a service, the cooling-off period starts after the consumer has received confirmation of the agreement.
In the sale of products to consumers, a prepayment of more than 50% should never be stipulated in the General Terms and Conditions. When a prepayment has been stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service before the agreed payment has been made.
The consumer has the duty to notify the company of any inaccuracies in the payment details.
In the event of failure to comply by the consumer, the company has, subject to legal restrictions, the right to charge reasonable costs that would be made known to the consumer in advance.
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Clause 14 – Complaints
The company has a complaint procedure that is sufficiently publicised and handles complaints in accordance with this procedure.
Complaints about the execution of the contract must be submitted to the company in a comprehensive and clear manner within a reasonable period of time after the consumer has noticed the flaws.
Complaints submitted to the company shall be answered within 14 days from the day of receipt. If a complaint has a foreseeably longer processing time, the company shall reply within 14 days with an acknowledgement of receipt and indicate when the consumer will receive a more detailed reply.
If a complaint cannot be resolved by mutual agreement, then there would be a dispute to be settled through dispute resolution.
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Clause 15 – Electronic Invoices
The CUSTOMER specifically accepts to receive electronic invoices in relation to purchases made on www.royalqueenseeds.com. The invoice will be sent to the email address provided by the CUSTOMER during the registration process.
If the CUSTOMER wishes to receive the invoice in printed form, they must inform us at the following email address: [email protected].
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Clause 16 – Relevant Jurisdiction and Applicable Law
These general conditions are governed by Spanish law. When determining the place of fulfilment of the transaction to which these General Terms and Conditions are subject, the provisions of article 29 of Act 34/2002, dated 11th July, on internet and e-commerce services, shall apply. In the event that the CUSTOMER is not considered a consumer, any conflict related to the interpretation or execution of these General Terms and Conditions shall be subject to the jurisdiction of the Courts of the city of Granollers.
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Clause 17 – Alternative Procedure for the Resolution of Online Disputes
Without prejudice to the above clause, the European Commission provides a platform for online dispute resolution that is available at the following link: http://ec.europa.eu/consumers/odr/. CUSTOMERS who are considered consumers may submit their complaints through the online dispute resolution platform.
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Clause 18 – Additional and Deviating Provisions
Provisions additional to or different from the General Terms and Conditions may not be detrimental to the consumer and must be recorded in writing in such a way that the consumer can store them in an accessible manner on a durable medium.
GENERAL NOTICE
The possession and supply of cannabis seeds, and their cultivation for personal use on Spanish territory, does not constitute a criminal offence in Spain.
DISCLAIMER
The seeds are sold only as samples for the purpose of making different subspecies available to geneticists and are intended for adults (over 18 years of age) only. These seeds are sold only on the condition that they are not used in breach of the applicable laws of the country. There is no intention to promote, advertise or in any way initiate further production, possession or use of illegal substances.
None of the products on our Website, including CBD products, are intended to diagnose, treat or cure any disease.
For more information about online shopping, pricing and payment, shipping and delivery, privacy and security and product information, please visit our FAQ.
WARNING
Cannabis seeds are not subject to international monitoring as they are excluded from the provisions of the 1961 Single Convention on Narcotic Drugs.
Cultivation of cannabis for personal use is not a criminal offence in Spain.
Advertising the sale of cannabis seeds, as well as materials and tools for their cultivation, is not a criminal offence in Spain. Growing cannabis in places visible to the public can be sanctioned under article 36.18 of Organic Law 4/2015, dated 30th March, 2015 on the protection of public order.
Cannabis seeds can be freely distributed within the European Union under the principle of mutual recognition. However, in some countries, cannabis seeds cannot be cultivated for personal use and must be kept as collection items for the gene pool. In some instances, it is possible to gain authorisation to cultivate them for medical purposes.
Importation to third countries may be prohibited or restricted. Royal Queen Seeds will never allow its seeds to be distributed to countries where the sale of cannabis seeds is illegal.
Therefore, we recommend that you check the laws in force in your country. We have no intention of violating or breaking the law of any country by supplying cannabis seeds.
Anyone who purchases our cannabis seeds is responsible for their use. Royal Queen Seeds declines all responsibility regarding this.
All descriptions and images on the Royal Queen Seeds website originate from the Netherlands. They describe the effects that certain substances can exhibit when consumed. In no way are they to be understood as being suitable for consumption. These images and descriptions are only intended for information purposes. The buyer of a Royal Queen Seeds product assumes full responsibility in the event of consumption of these substances, whatever the result.