Terms And Conditions

Our standard customer agreement for the services we provide is outlined in these Terms and Conditions, as well as each of the documents to which we refer herein. Please read through these terms and other documents carefully for your own security and benefit. If you have any questions, please reach out to our team.

By visiting, using and/or purchasing from our website https://herbiesheadshop.com, you accept our Terms and Conditions, Privacy Policy and Limited Responsibility Disclaimer.

By using, visiting, and/or ordering from this website, you confirm that you are of legal age. In Spain, as well as most of the European Union, the legal age is set at 18 years of age. If you are unsure about the legal age in your area, check your local laws.

These terms are a legal agreement between Herbies Seeds (Entrepreneur, we, us, or our) and the Customer (Consumer, you, or your), established in order for us to supply you with our services.

These Terms and Conditions are in the name of Herbies Seeds. This Agreement is governed by and interpreted according to the jurisdiction of Spain.

ARTICLE 1 – DEFINITIONS

In these Terms and Conditions, the following definitions are applicable:

Consideration Time: the term during which the consumer can execute the Right of Withdrawal.

Consumer: the natural person not dealing on behalf of a company or profession and who comes to an agreement (Distance Contract) with the Entrepreneur.

Day: calendar day.

Distance Contract: an agreement concluded between the Entrepreneur and the Consumer based on a corporate organized system of distance sales of products and/or services, including the closing of an agreement using one or more Techniques of Distance Communication.

Durable Medium: any instrument that enables the Consumer or Entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information, and which allows for the unchanged reproduction of the information stored.

Entrepreneur: the corporation that offers distance products to Consumers – in this case, Herbies Seeds.

Right of Withdrawal: the possibility for the consumer to terminate the Distance Contract within the Consideration Time.

Technique of Distance Communication: a means that can be used to close an agreement (Distance Contract) without the Consumer and the Entrepreneur having gathered together in the same place and at the same time.

ARTICLE 2 – APPLICABILITY

1. These Terms and Conditions are applicable to every offer made by the Entrepreneur and to each Distance Contract conducted between the Entrepreneur and a Consumer.
2. These general Terms and Conditions will be accessible to the Consumer prior to the completion of a Distance Contract. If this is not feasible, then before the conclusion of the Distance Contract, the Entrepreneur will inform the Consumer in which ways the Terms and Conditions are available for review, and that they can be sent free of cost to the Consumer, immediately, at the Consumer’s request.
3. Contrary to the above paragraph 2, in the event that the Distance Contract is completed electronically, the Consumer will be electronically provided with the text of these Terms and Conditions before the conclusion of the Distance Contract, in a format that can be easily saved by the Consumer on a Durable Medium. If this is not feasible, then before the conclusion of the Distance Contract, the Entrepreneur will specify where the Terms and Conditions are available for electronic review, and that they can be sent free of cost at the Consumer’s request, electronically or by using another method.
4. In situations where specific product or service-related Terms and Conditions are applicable in conjunction with these general Terms and Conditions, paragraphs 2 and 3 are applicable by analogy. The Consumer has the right to appeal to the applicable Condition that is most in their favor, contingent upon incompatibilities between multiple Terms and Conditions.

ARTICLE 3 – OFFER

It will be explicitly specified whether an offer is subject to limited validity or other qualifications.

An offer includes a complete and factual description of the services and products offered. This description is adequately detailed to allow a Consumer to properly assess the products and/or services. The Entrepreneur uses only images that are accurate representations of the products and services offered. However, the Entrepreneur is not bound by clear errors and mistakes.

Every offer includes information that explicitly informs the Consumer which rights and obligations are connected to the offer once it is accepted by the Consumer, especially regarding:

• potential delivery costs
• price inclusive taxes
• payment partner’s fees
• the method in which the agreement has been settled between the Entrepreneur and the Consumer, as well as any necessary signatures
• whether to initiate the Right of Withdrawal
• the payment and delivery methods, as well as the performances of the contract
• the time period in which a price is guaranteed by the Entrepreneur, as well as the deadline for accepting an offer
• Distance Communication costs, if those costs for the usage of technology required for Distance Communication are determined by another method than is typical for communication

ARTICLE 4 – THE CONTRACT

1. The contract between the Entrepreneur and the Consumer concludes the moment the Consumer accepts the offer and the conditions imposed have therefore been implemented.
2. If the Consumer accepts the offer electronically, the Entrepreneur will promptly confirm receipt of the offer electronically. The Consumer has the Right of Withdrawal and can dissolve the contract up until confirmation from the Entrepreneur.
3. If the contract is concluded electronically, the Entrepreneur will ensure the secure transfer of data by taking appropriate technical and data safety measures. In the event of electronic payment from the Consumer, the Entrepreneur will take appropriate security measures.
4. The Entrepreneur may acquire information within lawful parameters about the Consumer’s ability to make the full payment, as well as regarding information necessary for the Distance Contract to come to a responsible conclusion. If this information gives the Entrepreneur grounds to deny the conclusion of the contract, the Entrepreneur has a right to reject an order.
5. The website of the Entrepreneur contains all information listed below. This information is also available upon the Consumer’s written request, or in such a way that the consumer can access it and store it reliably:
   1. the Entrepreneur’s business address where the Consumer can submit complaints;
   2. information on consumer guarantees and existing services for post-sales inquiries;
   3. all conditions under which the Consumer can enact the Right of Withdrawal and the procedure for such, as well as a clear set of guidelines related to exclusions from the Right of Withdrawal;
   4. if the Consumer has the Right of Withdrawal, the template formatting for a Right of Withdrawal;
   5. accurate pricing on all products, services and/or digital content, including all taxes; any delivery costs applicable, as well as the payment and delivery methods; or implementing the Distance Contract;
   6. requirements for contract termination, especially if the duration of the contract is more than 1 year or indefinite.
6. In the case of a contract of extended duration, the provision outlined in the previous paragraph applies only to the first delivery.

ARTICLE 5 – RIGHT OF WITHDRAWAL

The Consumer has the Right to Withdraw from a contract within 14 calendar days (Consideration Time) without providing explanation. The period of withdrawal expires after the 14th calendar day that the Consumer (or a third party associated with the Consumer, other than the Entrepreneur) is in possession of the goods ordered.

The Consumer must provide the following information in order to exercise the Right of Withdrawal: the Consumer’s full name, full address, email address, telephone number (if applicable), and the Consumer’s written decision explicitly stating the intent to withdraw from the contract. The Entrepreneur must be notified by post, fax or email.

The Consumer has the option to complete and submit the Withdrawal Form electronically to the email address [email protected]. If this option is exercised, the Entrepreneur will promptly inform the Consumer of the receipt of withdrawal. To properly comply with the Withdrawal Period, it is acceptable for the Consumer to communicate the desire to exercise the Right of Withdrawal before the Consideration Time has ended.

Consequences of Withdrawal

Providing the Consumer initiates a Withdrawal, the Entrepreneur will initiate a refund of all payments received from the Consumer. This action will be performed as quickly as possible and no later than 14 days after receipt of withdrawal request. Delays are possible due to processing times with the Entrepreneur’s payment providers. The Entrepreneur will distribute the refund to the Consumer using the available method of payment for refund processing. Refunds are made in accordance with the order amount in EUR, regardless of the local order currency. The Consumer will under no circumstances incur extra expenses as a result of the refund except for the payment of the shipping costs for sending the goods back to the seller. The refund may be withheld until the Entrepreneur receives the goods, or until the Consumer has provided proof of return, whichever comes first.

If the Consumer has received goods that are the subject of the contract and wishes to receive a refund, the Consumer must return the goods to the Entrepreneur, or deliver them directly to us or to the address provided by emailing [email protected]. This should be done without undue delay, no later than 14 calendar days from the date the Consumer has enacted the Right of Withdrawal. If the product is returned to the Entrepreneur before the end of this period, the terms for a refund have been met.

Sample Withdrawal Form

The Consumer must only fill in this form with the appropriate information and send it to [email protected] in order to cancel a contract.

• To the attention of:
• Herbies Seeds
• [email protected]
• I hereby inform you that I am terminating my contract for the sale of the following item:
• Date(s) the order was requested/received on
• Name of customer and username
• Address of customer
• Signature of customer and username (only if the form is submitted in print)
• Date

ARTICLE 6 – WITHDRAWAL CHARGES

In the event that the Consumer wishes to execute the Right of Withdrawal, the Consumer will be responsible to pay for no more than the costs of product return.

If a payment has been made by the Consumer, the Entrepreneur will return the amount no later than 14 days after the cancellation or return shipment. Delays are possible that are not within the Entrepreneur’s control, due to processing times with the Entrepreneur’s payment providers.

ARTICLE 7 – EXCLUSIONS TO THE RIGHT OF WITHDRAWAL

The Entrepreneur can enact specific exclusions to the Consumer’s Right of Withdrawal. Any exclusions are only applicable if the Entrepreneur has informed the Consumer prior to the closure of the agreement.

The Right of Withdrawal can only be excluded by the Entrepreneur for the following types of products:

• That is established by the Entrepreneur according to specifications of the Consumer
• That are clearly for personal use
• That may not be returned due to their nature
• That may quickly deteriorate or spoil
• Single magazines and newspapers
• Those products with a price determined by financial market fluctuations over which the Entrepreneur has no control
• For all products for which it cannot be established that it concerns the original product delivered by https://herbiesheadshop.com/.

ARTICLE 8 – PRICING

Offered products and services shall not increase in price during the period of validity mentioned in the offer, except for in cases due to changing VAT rates.

Despite the previous paragraph, the Entrepreneur may still offer products and services that are subject to variable prices due to fluctuations in the financial market over which the Entrepreneur has no control. It will be mentioned within the offer, when applicable, whether prices are subject to fluctuation and that specified prices are target prices.

The product prices remain valid from the moment an order is placed and cannot be changed afterward. The Entrepreneur is unable to increase prices for specific orders. However, the Entrepreneur reserves the right to adjust pricing in all other cases. Prices mentioned within the offer include VAT.

ARTICLE 9 – DEADLINE FOR SUBMISSION OF CLAIM/COMPLAINT REGARDING THE ORDER

The Сonsumer is entitled to submit complaints within a period of 90 days from the date of order dispatch. Furthermore, any inquiries concerning product quality should be made within 60 days following the receipt of the order.

ARTICLE 10 – COMPLIANCE AND GUARANTEES

It is the responsibility of the Entrepreneur to ensure that the products and services are satisfactory in regard to the agreement, and are also in compliance with any relevant existing legal provisions and/or government regulations.

The Consumer’s rights within the agreement that can be submitted against the Entrepreneur are not altered by any guarantees made by the Entrepreneur.

ARTICLE 11 – DELIVERY AND EXECUTION

The Entrepreneur shall responsibly manage the reception and execution of product orders and services.

The place of delivery is determined to be the address that has been disclosed by the Consumer to the Entrepreneur.

As stated in Article 4 of the general Terms and Conditions, the Entrepreneur shall execute the accepted orders promptly, but no later than within a 30-day time period, unless a longer timeframe has been agreed upon. In the event that a delivery is delayed, cannot be executed or can only be partially fulfilled, the Consumer will be notified no later than 30 days after the order has been placed. In this case, the Consumer has the Right to Withdraw from the agreement without incurring further costs and is also entitled to compensation.

In the event that a package has been seized by customs, the Entrepreneur reserves the right not to resend or refund, since the Entrepreneur cannot predict or influence the work of customs authorities in a particular country. By creating an order on our website, the Consumer agrees with this clause.

In the event that a parcel has been lost by the postal services, the Entrepreneur will reach out to the postal services in order to track the parcel. If it cannot be found, the Entrepreneur may, but is not obliged to, resend the order or issue a refund. In case the Consumer initially provided incorrect shipping information, the Entrepreneur is not obliged to return the funds or resend the order. By creating an order on our website, the Consumer agrees with this clause.

In the event that the Consumer claims that the package has not been received, while the postal services confirm the delivery, the Entrepreneur has the right to refuse to resend or refund the order, since the Entrepreneur relies on the confirmation of delivery from the postal services. In this case, the Consumer must independently contact the representatives of the post office, including the person responsible for the delivery, in order to obtain information on the exact location to which the parcel has been delivered. By creating an order on our website, the Consumer agrees with this clause.

In the event that a Consumer orders a product and the delivery of that product seems to be impossible, the Entrepreneur will make an effort to provide a replacement product. The Consumer will be clearly informed before delivery that a replacement product is in transit. The Consumer’s Right of Withdrawal can still be enacted in regard to replacement products, in which case the Entrepreneur is responsible for the costs of a possible return.

The Entrepreneur assumes the risk of damaged or lost goods until the moment of delivery to the Consumer (or a pre-authorized, pre-disclosed third party), unless otherwise stated. If the Consumer receives damaged goods, the Consumer should inform the Entrepreneur by email within 3 days of delivery.

ARTICLE 12 – EXTENDED DURATION TRANSACTIONS: TERMINATION, PROLONGATION AND DURATION

Termination

1. The Consumer may at any time terminate an open-ended contract that was established for the regular supply of goods and/or services. This is subject to the rules of termination as well as a notice period of 1 month or less.
2. The Consumer may at any time terminate a fixed-term contract that was established for the regular supply of goods and/or services at the end of the fixed term. This is subject to the rules of termination as well as a notice period of 1 month or less.
3. Regarding contracts as described in the above paragraphs 1 and 2, the Consumer can:
   • terminate contracts at all times without being limited to termination at a particular time or during a particular period;
   • terminate contracts using the same method in which they were concluded; and
   • always terminate contracts within the same period of notice as that also relegated to the Entrepreneur.

Prolongation

4. A fixed-term contract that has been conducted for the regular supply of goods and/or services may not be automatically extended or renewed for a fixed period of time.
5. Contrary to paragraph 4, a fixed-term contract for the regular supply of daily or weekly newspapers or magazines may be automatically renewed for a fixed period of time not exceeding 3 months, if the Consumer is granted the option to terminate the renewal at the end of the prolongation, with a time period of not more than 1 month.
6. A fixed-term contract that has been conducted for the regular supply of goods and/or services may only be automatically extended for an undefined time period if the Consumer has at all times the right to terminate, with a time period of not more than 1 month, except in the case of newspaper and magazine contracts being supplied regularly but less than once per month, in a period that does not exceed 3 months.
7. A fixed-term contract that has been conducted for the regular supply of daily or weekly newspapers or magazines as an introduction – for example, trial or introductory subscriptions – will not be automatically extended and will terminate at the end of the trial/introductory period.

Duration

8. If a fixed-term contract has a duration of longer than 1 year, then the Consumer has, after 1 year, the right to terminate the contract at all times, with a period of notice not exceeding 1 month, unless otherwise fairly decided that to terminate the contract prematurely would be inadmissible.

ARTICLE 13 – PAYMENT

A prepayment exceeding 50% must never be stipulated in the general Terms and Conditions when selling products to Consumers. In cases where a prepayment is required, the Consumer may not declare any rights regarding the execution of the relevant order and/or services before the payment has been made.

It is the Consumer’s duty to inform the Entrepreneur of any inaccuracies in the payment information.

In the case of default by the Consumer, the Entrepreneur has the right to charge a reasonable cost of which the Consumer was made aware in advance, subject to legal restrictions.

The Consumer must fulfill the payment within 14 days, except for certain payment methods without an exact timeframe of fulfillment. If goods are delivered with the condition that payment is fulfilled in cash on delivery, and the Consumer does not fulfill the payment after receipt of the goods, the Entrepreneur has the right to a reasonable extrajudicial fee to the Consumer.

ARTICLE 14 – COMPLAINTS

The Entrepreneur offers a reasonably public Complaints Procedure, and each complaint is followed according to this procedure.

Complaints regarding the execution of an agreement must contain a precise description of the issue(s), and also be submitted by the Consumer to the Entrepreneur within a reasonable timeframe.

The Entrepreneur will answer the complaint within 14 days of receipt. In the event that a complaint requires more time to be processed, the Entrepreneur will send the Consumer acknowledgment of receipt of the complaint, as well as a prediction as to when the Consumer should expect a more complete answer from the Entrepreneur.

If it is not possible to resolve a complaint between the Consumer and the Entrepreneur with a mutual agreement, the complaint will advance to a dispute subject to the dispute settlement.

ARTICLE 15 – DISPUTES

Spanish law regulates any and all contracts between the Entrepreneur and the Consumer regarding these general Terms and Conditions.

ARTICLE 16 – ADDITIONAL AND DIFFERENT PROVISIONS

Additional or different provisions compared to the general Terms and Conditions may not be to the prejudice of the Consumer, and should be recorded in writing in such a way that the Consumer can save these in an accessible way on a Durable Medium.

ARTICLE 17 – INFORMATION ON CURRENCY

Each item’s price is based on the suppliers’ recommended retail price in EUR. Every Friday, we update the exchange rate according to data from a trusted international resource (https://www.xe.com/). For your convenience, you can always switch your preferred currency for prices on the website. However, the main currency is still EUR, so we recommend checking the price of items in euros before placing your order.

Currency Used For Card Payments

The issuer of the credit card may charge an exchange fee for transactions made in currencies other than EUR.

Once a POS-transaction is initiated, our processing partner sends a withdrawal request to the customer's bank (authorization) for debiting funds. When the customer's bank accepts this request, a transaction amount will be blocked. For transactions not already in EUR-currency, the total amount will be determined by the exchange rate between currencies on the day the transaction is settled. Please keep in mind that we do not have any influence on the exchange rate between currencies.

The funds will typically be withdrawn within 1-10 business days, although it may take up to 30 days depending on the type of transaction. On the day of the settlement, funds will be withdrawn from your card according to the exchange rate set for the day. This final response is called a presentment or a settlement. Sometimes this rate may be higher and sometimes lower. The fluctuation of exchange rates is common worldwide practice and we cannot influence it from our side.

Article 18 – The Loyalty Program (Rewards Program)

Herbies Seeds reserves the right to unilaterally change the terms of use of its Loyalty Program and the conditions of awarding points for each customer. This condition covers the deletion of all savings, without prior notice to the customer and without prior announcement on the website.

In the event that the Consumer would like further clarification as to the current Terms and Conditions, they may feel free to contact our team at [email protected].

Article 19 – Company Information

Company name – Pure Atmosphere S.A.M S.L.

NIF – B-42627083

Registered office – Calle San Vicente 20, Entlo, 03004 Alicante, Spain

Email: [email protected]

Last update: 21.11.2024