Terms and Conditions
TERMS AND CONDITIONS OF
www.blowgenetics.com
Welcome to Blow-Genetics!
§ 1 Scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by Blow-Up-Your-Mind UG (haftungsbeschränkt) (hereinafter referred to as "Provider") to you in the version valid at the time of the order.
(2) Deviating general terms and conditions of the customer are rejected.
(3) Please read these terms and conditions carefully before placing an order with Blow-Up-Your-Mind UG (haftungsbeschränkt). By placing an order with Blow-Up-Your-Mind UG (haftungsbeschränkt) you agree to the application of these terms and conditions of sale to your order.
(4) At Blow-Genetics we offer you the sale of the following products:
Cannabis seeds and growing accessories
§ 2 Formation of the contract
(1) Contracts on this portal can be concluded in German and English.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in:
Europe.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer.
(5) Your order constitutes an offer to BlowGenetics to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the "Order with obligation to pay" button in the final ordering step.
(6) The purchase contract between the supplier and the customer is only concluded by a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This applies both to the number of products ordered as part of a single order and to the placement of multiple orders for the same product, where the individual orders comprise a normal household quantity.
(8) Your orders will be stored by us after conclusion of the contract. If you lose your order documents, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each delivery in the shipping confirmation whether an electronic invoice is available. Further information about electronic invoices can be found on our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory VAT and include a flat-rate shipping fee and shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We will check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask you whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.
(3) The prices at the time of the order shall apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4 Delivery and Cancellation
(1) Unless otherwise agreed, delivery is made to the delivery address specified by the customer. The delivery time is usually 1 to 5 business days, depending on the destination and the availability of the ordered products. Shipping costs: Within Germany: €3.99 per order. International shipping: €9.99 per order.
We deliver to the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Sweden, Liechtenstein, Switzerland, and the United Kingdom.
On our website, you can find information about the availability of products sold by BlowGenetics (e.g., on the respective product detail page). Please note that all information regarding availability, shipping, or delivery of a product is only approximate and indicative. These do not constitute binding or guaranteed shipping or delivery dates unless expressly stated as a binding date in the shipping options of the respective product.
(2) If BlowGenetics determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The statutory claims of the customer remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's front door, front door or staircase or because the customer is not found at the delivery address specified by him, although the delivery time was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made according to the customer's method of payment. In the case of advance payment, delivery shall be made after the payment order has been issued to the transferring bank. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery shall take place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Blow-Up-Your-Mind UG (haftungsbeschränkt). Irrespective of your right of withdrawal, you can cancel your order for a product at any time free of charge before the associated shipping confirmation is sent.
(6) This right to cancel does not apply to certain product groups and services, including digital content or software, which are not supplied on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.
§ 5 Payment
(1) The customer can pay for the goods using the following payment methods:
- Credit card
- Direct debit:
In the event of a return debit note for which the customer is responsible, Blow-Up-Your-Mind UG (haftungsbeschränkt) shall charge a flat-rate compensation fee of €2.50 (two euros and fifty cents). The customer can prove that no damage has occurred at all or that it is significantly lower than the lump sum. The above provisions apply accordingly to payments of the purchase price of goods sold by third-party suppliers.
- Instant bank transfer
- Prepayment
(2) Certain payment methods may be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer thereby authorizes the supplier to collect the amounts due at the time of the order.
(5) If the supplier offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the supplier's account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(6) If the Supplier offers payment by credit card and the Customer chooses this payment method, the Customer expressly authorizes the Supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.
(7) If the Supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs.
(8) If the supplier offers payment in advance and the customer chooses this method of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.
(9) Should the customer be in default of payment, the supplier reserves the right to claim damages for default.
§ 6 Offsetting and right of retention
(1) The Customer shall only be entitled to set-off if the Customer's counterclaim has been legally established or has not been disputed by the Supplier.
(2) The customer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.
§ 7 Retention of title
Blow-Up-Your-Mind UG (haftungsbeschränkt) retains ownership of the goods until full payment has been received.
§ 8 Damage in transit
(1) If the customer receives the goods with obvious transport damage, the supplier requests him to complain about this as soon as possible.
(2) If the customer fails to make a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.
§ 9 Right of defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from delivery of the goods and may request the repair or replacement of products purchased on Blow Seeds if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses relating to compensation for damage to body and health or to intent or gross negligence are asserted.
§ 10 Limitation of liability (products)
(1) The Supplier shall be liable for claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on its intentional or grossly negligent breach of duty or that of one of the legal representatives or vicarious agents of the Supplier.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider shall be liable for breaches of essential contractual obligations that are based on foreseeable damage typical of the contract, provided that the damage was caused by simple negligence. This limitation shall not apply to claims for damages by the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as BlowGenetics' liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 11 Cancellation policy
(1) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us (Blow-Up-Your-Mind UG , Friedrich-Baur-Str. 13, 63150 Heusenstamm, Deutschland, info@blow-up-your-mind.com, Phone: 01719925001) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use a model withdrawal form for this purpose, but this is not mandatory. You can also electronically complete and submit the model withdrawal form or another clear declaration on our website https://blowgenetics-n8t1we07ib.live-website.com/kontakt. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
(2) Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
.
(3) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
The right of withdrawal does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and
- for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 12 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely for contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 13 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorized to use contact data for commercial activities unless the provider has given prior written consent to the persons concerned.
(4) You have the right to receive complete information from BlowGenetics about your personal data at any time and free of charge.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
§ 14 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies by clicking on the banner to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard disk or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 15 Place of jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 16 Final provisions
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may not use BlowGenetics.
(3) If you breach these Terms and Conditions and we do nothing about it, we are still entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, rules and regulations, terms and conditions including these GTC at any time. Your order will be subject to the terms and conditions of sale, contract and GTC in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.
Warning !
Unfortunately, the regulations and implementation of legislation relating to cannabis seeds vary from country to country. For this reason, BlowGenetics strongly advises you to inquire about the regulations that may apply to you.
Sometimes an exemption can be applied for industrial, medical and agricultural use. In some countries, trade in hemp seeds is permitted without a license. Sometimes, however, the import or export of hemp seeds for the above-mentioned purposes is subject to registration. If there are such reporting requirements, you should inform us or the authorities in good time. In various countries, the cultivation of cannabis for industrial and medical purposes is prohibited. We fundamentally believe that the relief of pain and suffering provided by medicinal cannabis is proven and more important than any unclear local legislation. Blow-Seeds is forced to work within the framework of conflicting legal and moral obligations. We believe it is our duty under universal law to help people who are suffering. We sell our seeds on the condition that they are not used by others in contravention of local law. Blow-Seeds does not want to incite anyone to commit unlawful acts. We emphasize that every buyer of Blow-Seeds seeds is responsible for his or her own actions. BlowGeenetics accepts no liability in this respect. BlowGenetics accepts no product liability.
As a BlowGenetics customer, you must comply with the following conditions:
It is prohibited to sell seeds from Blow-up-your-mind UG (limited liability) to countries where the possession and/or trade of cannabis seeds is illegal. It is strictly forbidden to use our seeds for large-scale or professional cultivation activities. BlowGenetics has never authorized others to distribute Blow-Seeds in countries where the trade of hemp/cannabis is unlawful. Please note: Customers must be at least 18 years old to purchase Blow-Seeds hemp seeds!
Blow-up-your-mind UG (limited liability)
Friedrich-Baur-Straße 13
63150 Heusenstamm
www.Blow-Seeds.com
Mail: Info@blow-up-your-mind.com