Terms & Conditions
Article 1: Applicability, definitions
- These general terms and conditions shall apply to any offer and agreement of purchase and sale – whether or not established via the websites www.superstrainsseeds.com, www.superstrains.nl, here in after referred to ‘’Super Strains’’.
2. The buyer is further referred to as “the other party”.
3. Various provisions in these general terms and conditions shall be seen on a natural person acting outside his or her business or professional activity. In these provisions, the other party is indicated by the term “the costumer”.
4. “Offer” means any offer of Super Strains, whether or not in the form of a written quotation.
5. ‘In writing‘ means: By letter, e-mail, fax or any other means of communication which, in view of the state of the art and the views prevailing in the social movement, can be equated with this.
6. “The website” means the websites of Super Strains mentioned in paragraph 1.
7. “Business” means the clothing, hats, scarves, seeds, incense, candles, etc. to be supplied by Super Strains.
8. The applicability of the other provisions may not be affected by any (part of a) provision of these general terms and conditions.
9. These general terms and conditions shall also apply to the following or part orders arising from the contract.
Article 2: Offer, Prices
- Unless a period of validity is specified in/For an offer, this is a free offer. Super Strains may revoke this offer within 2 working days of receipt of acceptance.
2. The prices quoted in an offer or price list are exclusive of VAT and any costs, such as transport costs, shipping costs, administration costs, handling costs and declarations of third parties. Each product clearly mentions the applicable VAT amount and any costs.
3. A compound offer requires Super Strains not to supply any part of the goods offered at a corresponding part of the price.
4. If the offer is based on information provided by the other party and this information proves to be incorrect/incomplete or subsequently modifies, Super Strains may adjust the quoted prices and/or delivery times.
5. The offer and the prices do not apply automatically for reorders.
6. Samples shown and/or provided, models, specifications of colours, dimensions, sizes, weights and other descriptions in brochures, promotional materials and/or on the website are as accurate as possible, but are for the sole purposes of marking. The other party cannot derive any rights from this.
7. The samples and models provided remain the property of Super Strains and are returned to Super Strains at its first request at the expense of the other party.
8. A. If between the conclusion of the Agreement and its implementation for Super Strains (cost) price-enhancing circumstances arise by changes in the laws and regulations, government measures, currency fluctuations or changes in the Prices of the materials or raw materials required, Super Strains may increase the agreed prices accordingly and charge the other party.
B. In the case of price increases within 3 months of the conclusion of the contract, the customer may dissolve the agreement by means of a written declaration. Unless, within 14 days of notification of the price change, the customer makes known to Super Strains to make use of his right of termination, Super Strains may assume that the customer has agreed to this change.
Article 3: Conclusion of agreements
- The agreement is concluded after the other party has accepted the offer of Super Strains, even if this acceptance is different from this offer. However, if this acceptance differs on essential points, the agreement will only be concluded after Super Strains has agreed to these derogations in writing.
2. Super Strains is only tied to:
A. An order without prior supply;
B. Additions to or changes to the general terms and conditions or agreement; After written confirmation of this to the other party or once Super Strains – without objection to the other party – has commenced with the execution of the order or appointments.
3. Unless otherwise stated on the website, Super Strains will only be bound to an order via the website after it has confirmed this in writing – whether or not by means of an automatic message – to the other party.
Article 4: Distance buying – Cooling off time, right of termination
- This article shall apply only to the customer in the case of a distance purchase within the meaning of article 6:230g (1) of the Civil Code.
2. In the case of a remote purchase, the customer has a reflection period. Within this period of reflection, the customer may dissolve the agreement without giving any reason.
3. The period of reflection referred to in the preceding paragraph shall be 14 calendar days from the day.
The customer or a third party designated by him (non-being the carrier):
A. has received the case;
B. has received the last case if the consumer has ordered several items in one order and the goods are delivered separately;
C. has received the last shipment or the last part, if the delivery of one case consists of different shipments/parts;
D. has received the first case for an agreement that extends to the regular delivery of goods for a certain period.
4. The dissolution takes place by a written communication from the customer to Super Strains whether or not using a model form made available by Super Strains.
5. A dissolution in accordance with the preceding paragraphs shall also automatically terminate any additional agreements.
6. The customer has no right of termination in the provision of:
A. Specific – for him custom-made matters or matters clearly intended for a specific person;
B. Cases which, for reasons of health protection or hygiene, are not suitable for being returned and whose sealing has been broken after delivery;
C. Matters which, after delivery, are irrevocably mixed with other matters.
7. If the customer wishes to return the delivered case because it does not meet the agreed Parties, the provisions of the complaint article shall apply.
Article 5: Distance purchase – return, reimbursement
- Unless Super Strains picks up the delivered goods themselves, the customer must return the goods without delay – but in any case within 14 days after dissolution – in the original packaging, unused and for his own account and risk to Super Strains or a Super Strains Authorized Third return.
2. At the latest within 14 calendar days after dissolution, Super Strains shall pay all of the customer – in the context of the relevant agreement – the amounts received in the same manner and in the same currency as that used by the consumer.
3. Super Strains shall not be obliged to repay any additional costs incurred because the customer has expressly opted for a different method of delivery than that provided by Super Strains is the least expensive way of standard delivery.
4. Unless Super Strains picks up the delivered goods themselves, the customer can only claim reimbursement after Super Strains has received the goods return or the customer has shown that the goods have been returned by him, whichever time it first falls.
5. Super Strains may refuse returned items or repay only a part of the – from the customer – payments received, if the goods are not in the original packaging, are processed, used (further than necessary to the nature, characteristics and operation of the case) and/or damaged. Super Strains informs the customer immediately upon receipt of the goods.
6. The customer shall be liable for the impairment of the case if his handling of the case has gone beyond what is necessary to determine its nature, characteristics and functioning.
7. The customer shall never be liable nor incur any costs for the mere fact that he uses his right of termination.
Article 6: Enabling third parties
If Super Strains deems it necessary, it may allow certain supplies to be carried out by third parties.
Article 7: Obligations of the other party
- The other party shall ensure that the information required for the execution of the agreement is made available to it in good time and in the manner required by Super Strains and that this information is accurate and complete.
2. Super Strains delivered goods may be resold by the other party only in the original, of Super Strains or its supplier, packaging. The counterparty must not make any changes to the original packaging and must prevent damage.
3. If the other party does not (in good time) meet the aforementioned obligations, Super Strains may suspend the performance of the agreement until the other party has fulfilled its obligations. The costs and other consequences resulting from this are at the expense and risk of the other party.
4. If the other party fails to comply with his obligations and Super Strains does not require immediate fulfilment, this does not affect the right of Super Strains to demand compliance later.
Article 8: Confidential information
- Super Strains holds all the information it has obtained in the context of concluding and executing the agreement of or about the other party secret. Super Strains only provides this information to third parties in so far as this is necessary for the execution of the agreement.
2. Super Strains shall take all reasonable precautions to keep this information secret. This obligation of confidentiality also applies to its employees and third parties who are involved in the implementation of the agreement.
3. The obligation of confidentiality shall not apply if Super Strains, as a result of laws and/or regulations or a court ruling, has to disclose the confidential information and cannot invoke a legal or court-authorized right of change. This derogation shall also apply to employees and other persons as referred to in the preceding paragraph.
Article 9: Delivery terms
- Agreed deadlines are never fatal deadlines. If Super Strains does not (timely) comply with its obligations, the other party must fail to do so in writing and give a reasonable time to comply with it.
2. An agreed time limit shall apply when Super Strains has received all the information necessary for the delivery and any agreed (forward) payment from the other party. If this is delayed, the period shall be extended proportionately.
3. Super Strains may deliver in portions and invoice each part delivery separately.
4. The risk for the goods to be delivered shall be on the other party when they leave the property or the warehouse of Super Strains or Super Strains has informed him that the goods can be picked up.
5. Shipment or transport of the goods takes place at the expense and risk of the other party and in a manner to be determined by Super Strains. Super Strains is not liable for damage of any kind related to the shipment or the transport.
6. Unless the parties agree a different period of time, delivery to the customer shall be limited to 30 days after the conclusion of the contract. The risk to the customer is at the moment when the goods are actually available to him/her third party (non-being the carrier). If the customer himself designates the carrier (non-being a carrier proposed by Super Strains), the risk is on him when the goods are received by this carrier. Shipping or transport is on behalf of the customer.
7. If, due to a cause located in the risk atmosphere of the other party, it is not possible to deliver the ordered goods (in the agreed manner) to the counterparty or not to be picked up, Super Strains may take the goods at the expense and risk of the other party. The counterparty will still be able to deliver or Super Strains within a reasonable period specified by Super Strains.
8. If the other party fails to comply with his/her purchase obligation after the aforementioned reasonable period, he shall be immediately in default. Super Strains may then terminate the agreement with immediate effect by a written declaration wholly or partially and sell the goods to third parties without being obliged to pay damages, costs and interest. This does not affect the obligation of the other party to compensate for any (storage) costs, damages and loss of profit of Super Strains and/or the right of Super Strains yet to claim compliance.
Article 10: Packaging
- Packaging which is intended to be used several times remains the property of Super Strains and may not be used by the other party for any other purpose than for which it is intended.
2. Super Strains determines whether the other party must return the packaging or that it will retrieve it and for whose account the latter takes place.
3. Super Strains may calculate costs for this packaging deposit to the other party. If the packaging is returned by the other party within the agreed time limit, Super Strains will take the packaging. The deposit is then reimbursed to the other party or deducted from the deposit for the packaging of a subsequent delivery. Super Strains may deduct 10% of the handling costs from the amount to be paid or refunded.
4. If the packaging is damaged, incomplete or has been destroyed, the other party shall be liable for such damage and shall lose its right to reimbursement of the deposit. If this damage is higher than the deposit charged, Super Strains does not have to take back the packaging. It may charge the other party at cost, minus the deposit paid by the other party.
5. Packaging intended for single use may leave Super Strains to the other party. Any costs for the drainage will be carried by the other party.
Article 11: Complaints
- The other party shall check the delivered goods immediately upon receipt and shall indicate any visible defects, damage and/or deviations in numbers, types or sizes, etc. on the consignment note or accompanying voucher or report it – failing of these – within 5 working days in writing to Super Strains. If such complaints are not reported in time, the goods are deemed to have been received in good condition and to answer the agreement.
2. Other complaints notify the other party immediately after discovery – but at the latest within the agreed warranty period – in writing to Super Strains. All consequences of not directly reporting are at the risk of the other party.
3. If ordered goods can only be delivered in Super Strains stocked (wholesale) packaging or minimum quantities, the goods can be small – in the industry accepted – deviations as to specified weights, numbers, colours, scents and sizes. These deviations are not a shortcoming on the part of Super Strains and hereby no recourse to the warranty is possible.
4. Complaints do not suspend the other party’s obligation to pay.
5. The previous paragraph shall not apply to the customer.
6. The other party shall allow Super Strains to investigate the complaint and provide all relevant information. If a return shipment is necessary for the investigation, this is for the account of the other party, unless the complaint is found to be justified afterwards. The transport risk is always for the other party.
7. Return shipment takes place in a manner to be determined by Super Strains and in the original package.
8. No complaints are possible about:
A. Discolorations and minor differences in colour;
B. Odour differences;
C. Matters which have been altered or processed in whole or in part after receipt by the other party of nature and/or composition.
Article 12: Guarantees
- Super Strains carries out the agreed deliveries duly and in accordance with the standards in force in its industry, but never gives a more far-reaching guarantee than as expressly agreed.
2. Super Strains guarantees the usual quality and reliability of the delivered goods during the warranty period.
3. If a guarantee has been issued by the manufacturer or supplier for the goods delivered by Super Strains, that guarantee shall apply in the same way between the parties. Super Strains informs the other party about this.
4. If the purpose for which the other party wishes to edit, process or use the goods differs from the usual purpose, Super Strains only guarantees that the goods are suitable if they have confirmed this in writing to the other party.
5. No recourse to the guarantee is possible, as long as the other party has not yet paid the price agreed for the goods.
6. The previous paragraph shall not apply to the customer.
7. The goods delivered by Super Strains comply with the rules governing these matters within the EU. Super Strains does not guarantee that the goods also comply with all applicable law outside the EU. The counterparty is fully liable for all damages he suffers as a result of the use of the goods outside the EU and expressly indemnify Super Strains for any claims by third parties arising therefrom.
8. Super Strains also strongly advises the other party to use the delivered goods only in accordance with the laws and regulations applicable to this use within the country concerned and assumes that these matters are not used for activities not permitted under these laws and regulations. The counterparty is fully liable for all damages he suffers as a result of the use of the goods for the aforementioned unauthorized activities and expressly indemnifies Super Strains for any claims by third parties arising therefrom.
9. Super Strains cannot guarantee that all the seeds delivered germinate, nor that they do not germinate prematurely.
10. In the case of a legitimate claim to the guarantee, Super Strains – at its discretion – provides free repair or replacement of the goods or for reimbursement of or a discount on the agreed price. In the case of additional damage, the provisions of the liability article shall apply.
11. The customer may always opt for free repair or replacement of the goods, unless this cannot reasonably be taken from Super Strains. In the latter case, the customer may dissolve the Agreement by written declaration or require a discount on the agreed price.
Article 13: Liability
- Outside of the expressly agreed of Super Strains warranties, Super Strains accepts no liability whatsoever.
2. Super Strains is only liable for direct damage. Any liability for consequential damages, such as damage to the company, loss of profits and/or losses, delays and/or personal injury or damage, is expressly excluded.
3. The other party shall take all necessary measures to prevent or reduce the damage.
4. If Super Strains is liable, the duty of compensation shall always be limited to a maximum of the amount paid out by its underwriter in the case. If the underwriter does not pay out or the damage is not covered by a Super Strains insurance, the duty of compensation is limited to a maximum of the invoice amount for the delivered goods.
5. Super Strains shall not be liable – and the other party may not invoke the applicable warranty – if the damage is caused by:
A. Improper use, contrary to the purpose of the delivered or use in contravention of the instructions, advices, etc. provided by/on behalf of Super Strains.
B. Incompetence storage or maintenance of the goods;
C. Errors or incompleteness in the information provided by or on behalf of the other party to Super Strains;
D. Instructions from/on behalf of the other party;
E. Or as a result of a choice of the other party that differs from what Super Strains advised;
F. Use in violation of applicable laws and regulations;
G. Action by public authorities;
H. Or by the other party or third parties having carried out his or her work on his behalf, without the express prior consent of Super Strains.
6. In the cases listed in the preceding paragraph, the counterparty is fully liable for the resulting damage and shall indemnify Super Strains for any claims by third parties.
7. The limitations of liability contained in this article shall not apply if the damage is attributable to intentional and/or deliberate recklessness of Super Strains or the management staff at the management level or if mandatory statutory Provisions are opposed to this. Only in these cases will Super Strains indemnify the other party for any claims by third parties.
Article 14: Payment
- Super Strains may always request a (partial) prepayment or other security for payment. The requested prepayment amounts to up to 50% of the agreed price for costumers.
2. When ordering via the website, payment takes place in the manner indicated on the website, unless the parties agree otherwise in writing.
3. Payment must be made within a period of 14 days from the date of invoice, unless the parties have agreed to a different payment period in writing. The correctness of an invoice is fixed if no objection has been made within this payment period.
4. If, after the expiry of the period referred to in the preceding paragraph, an invoice has not been paid in full or has not been able to take direct debit, the other party shall owe Super Strains a delay interest of 2% per month, Cumulative calculation of the principal. Parts of a month are counted as full months.
5. In the aforementioned situation, the customer shall be subject to a deceleration rate of 6% on an annual basis, unless the statutory interest rate is higher. In that case the statutory interest applies.
6. In addition, if payment is made after the reminder, Super Strains may also charge the other party extrajudicial collection costs of 15% of the invoice amount with a minimum of €100.00. Customers will be charged at least €40.00.
7. Super Strains gives the customer at least a 14-day period to pay for the said reminder. If payment is to be made again, the extrajudicial collection costs for the customer are:
A. 15% of the amount of the principal on the first €2,500.00 of the claim (with a minimum of €40.00);
B. 10% of the amount of the principal over the next €2,500.00 of the claim;
8. For the purpose of calculating extrajudicial collection costs, Super Strains may increase the principal of the claim after 1 year with the interest accrued in that year.
9. In the absence of full payment, Super Strains may dissolve the agreement, without further notice by a written declaration or suspend its obligations under the agreement, until payment has been made. The aforementioned right of suspension has Super Strains as well if, before the other party/the customer is in default with the payment, it has justified reasons for doubting the creditworthiness of the counterparty/customer.
10. Payments received shall first deduct Super Strains from all interest and costs owed and then on the payable invoices which are the oldest open, unless the payment indicates in writing that it relates to a subsequent invoice.
11. The counterparty may not offset the claims of Super Strains with any counter-claims he has on Super Strains. This also applies if the other party (provisional) requests moratorium of payment or is declared bankrupt.
12. The previous paragraph shall not apply to the customer.
Article 15: Retention of title
- All goods delivered under the Agreement shall remain the property of Super Strains until the other party has fulfilled all its commitments.
2. These commitments shall consist of the payment of the purchase price of the goods, plus claims for work carried out in connection with the supply and claims due to an attributable shortcoming of the other party, such as claims to pay damages, extrajudicial collection costs, interest and any fines.
3. In the case of the delivery of identical, non-individualized goods, each party belonging to the oldest invoices shall be deemed to have been sold first. The retention of title always rests on all delivered goods which are still present in the stock, shop and/or contents of the other party when invoking the retention of title.
4. The other party may resell the goods in the course of his normal business, provided that he also has a retention of ownership on these matters with his customers.
5. As long as the property has a retention of title, the other party may not in any way pledge it or bring it into the actual power of a financier.
6. The other party informs Super Strains directly in writing if third parties make proprietary or other rights to the business.
7. As long as the other party has the goods, he shall keep it carefully and as identifiable property of Super Strains.
Article 16: Bankruptcy, disposition of authority
- Super Strains may terminate the Agreement without further notice by a written declaration to the other party at the time when the other party:
A. The state of bankruptcy is declared whether an application has been made to this effect;
B. Moratorium of payment request;
C. Is affected by an enforceable seizure;
D. Under guardianship or under rule;
E. Otherwise lose the power of disposition or ability to act in respect of (parts of) its assets.
2. The other party always informs the liquidator or administrator about the (content of the) Agreement and these general terms and conditions.
Article 17: Force majeure
- In the event of force majeure of the counterparty or Super Strains, the latter may terminate the Agreement by a written declaration to the other party or suspend the fulfilment of its obligations towards the other party for a reasonable period of time without any compensation.
2. The force majeure of Super Strains means: a non-attributable shortcoming of Super Strains, of the third parties or suppliers or other serious reasons on her side.
3. In any case, in the following circumstances, there is force majeure in Super Strains: war, riot, mobilization, domestic and foreign disturbances, government measures. Conditions, disruption of the currency ratios existing at the start of the agreement, business disturbances due to fire, burglary, sabotage, loss of electricity, internet or telephone connections or activities of cyber criminals; this means that the website is not (fully) available, natural phenomena, (natural) disasters, etc. as well as weather conditions, roadblocks, accident, import and export obstructive measures, etc.
Article 18: Cancellation, suspension
If the other party wishes to cancel the Agreement prior to or during the execution, Super Strains may ask the other party for fixed compensation for all costs incurred and the damage suffered by the cancellation including the lost profit. At the discretion of Super Strains and depending on the deliveries already made, this compensation is 20 to 100% of the agreed price.
2. The other Party shall indemnify Super Strains for the cancellation of third party claims.
3. Super Strains may offset the compensation due with all sums paid by the other party and any counter-claims by the other party.
4. In the case of suspension of the delivery at the request of the other party, the compensation for all deliveries made is payable immediately and Super Strains may charge it to the other party. This also applies to costs or costs incurred as a result of the suspension.
5. Costs resulting from the resumption of the delivery for Super Strains shall be borne by the other party. If the execution of the Agreement cannot be resumed after the suspension, Super Strains may dissolve the Agreement by a written declaration to the other party.
Article 19: Applicable law, competent court
- The Agreement concluded between the Parties shall be governed exclusively by Dutch law.
2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
3. Any disputes shall be submitted to the competent court in the location of Super Strains, but Super Strains always reserves the right to submit the dispute to the competent court in the place of residence of the other party.
4. Irrespective of the choice of Super Strains, the customer always reserves the right to submit the dispute to the legally competent court. The customer must make this choice known to Super Strains within one month of receipt of the summons.
5. If the other party is established outside the Netherlands, Super Strains may choose to submit the dispute to the competent court in the country or state in which the other party is established.
Date: 1 July 2022