Terms of service

GENERAL TERMS AND CONDITIONS
These General Terms and Conditions have been drafted by Amsterdam Grow Supplier

Table of Contents
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Duration transactions: duration, termination, and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer may complete when they wish to exercise their right of withdrawal;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication until the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur
Siebel Corporation BV
Ceintuurbaan 213A
3051KC, Rotterdam
The Netherlands

Telephone/WhatsApp: 31 6 34 02 26 30
Email: amsterdamgrowsupplier@gmail.com
Chamber of Commerce (KvK) number: 85345385

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the provision concerned shall be replaced by a provision that approximates the intent of the original as closely as possible, in mutual consultation.

Situations not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.

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 particularly concerns:

the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for acceptance of 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 means of distance communication are calculated on a basis other than the basic rate;
whether the agreement will be archived after its conclusion, and if so how the consumer can consult it;
the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided in relation to the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing performance transaction.

Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

Within the limits of the law, the entrepreneur may ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a sound conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

The entrepreneur shall provide the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product or service:

the visiting address of the entrepreneur’s business establishment where the consumer may lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales services;
the information included in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For delivery of products:
When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must do so by means of the model form. After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.

If the consumer has not indicated that they wish to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

For delivery of services:
In the case of services, the consumer has the right to dissolve the agreement without giving any reason for at least 14 days, starting from the day the agreement is concluded.

To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, at most the costs of returning the goods shall be borne by the consumer.
If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition applies that the product has been received back by the entrepreneur or conclusive evidence of complete return can be provided. Refunds will be made using the same payment method that the consumer used, unless the consumer explicitly agrees to a different method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been produced by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygienic products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
where the performance has begun with the explicit consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.

Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, 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 application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions, otherwise handled carelessly, or treated contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance
The entrepreneur shall take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is deemed to be the address that the consumer has made known to the company.

Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 90 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost. The consumer is not entitled to compensation.

All delivery times are indicative. No rights can be derived by the consumer from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to make a replacement item available. No later than at the time of delivery, it shall be stated clearly and understandably that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services, at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or in a specific period;
- at least in the same way as they were entered into by the consumer;
- always with the same notice period as the entrepreneur has stipulated for itself.

Renewal

A fixed-term agreement that involves the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
In deviation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement that involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement involves the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within 2 months after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In case of complaints, a consumer must first contact the entrepreneur.
Submitting a complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these general 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 data carrier.

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