General terms and conditions of sale 2022-2023
Warranties
Customer declares that they are at least 18 years of age.
Customer understands that Industrial Hemp has no psychoactive effect but still is a grey area legally in many places in the EU and declares that they are familiar with the laws regarding purchasing and/or germinating industrial hemp seed in their local area.
- General
1.1. Purpose
The general terms and conditions described hereinafter specify the rights and obligations of Jupiter Seed Europe LTD and of its customer for the sale of industrial hemp/Cannabis Sativa L Seed.
Any service or product provided by Jupiter Seed Europe LTD implies the purchaser’s unreserved adhesion to these general terms and conditions of sale.
Jupiter Seed Europe LTD reserves the right to modify these general terms and conditions of sale. In the case of a modification, each order will be governed by the general terms and conditions applicable at the time and date of the order.
1.2. Seed Varieties
Failing an advance order, the varieties provided will be taken from the available stock of Jupiter Seed Europe LTD, taking account of the customer’s wishes and of the availability of the varieties in stock at the date and time of the request.
If advance orders exceed the availability for a variety, said quantities will be prorated between the various orders and other varieties will be proposed to replace the quantities ordered.
For the 2022-2023 sales, the following variety range is proposed:
– Midwest (listed on EU Catalog on 11/04/2022)
– Northwest (listed on EU Catalog on 11/04/2022)
– Auto-Power (Authorized for commercial use certification pending)
– Europa (Authorized for commercial use certification pending)
The Customer understands that all information relating to varieties, varietal characteristics or periods of maturity and all descriptions and illustrations contained on the Jupiter Seed Europe LTD/CBD Seed Europe’s website www.cbdseedeurope.com or in the brochure or in any other marketing material or otherwise communicated to the customer are intended to present merely a general idea of the seed described and shall not form part of the agreement or constitute a representation.
Seed will perform differently in different growing environments and therefore no warranty can be given as to the nature, size, or appearance of any plants grown from the seed varieties and it shall be solely the responsibility of the Customer in determining whether or not the anticipated growing conditions are suitable for the Seed. The Customer takes full responsibility for THC levels and accepts that the Company cannot be held liable for the final THC levels resulting from the planting and cultivation of the Seeds sold.Jupiter Seed Europe LTD recommends that the Recipient should self-educate about germination techniques and any advice asked for or given by Jupiter Seed Europe either by a representative of the company or on its website shall be deemed to have been given on a ʻfriendly basis” without liability to Jupiter Seed Europe LTD and shall not be deemed to be a representation.
1.3. No Genetically Modified Organism (GMO)
The seeds supplied by Jupiter Seed Europe LTD will be obtained without resorting to genetic modification technology that lead to genetically modified organisms to which the European Parliament and the Council of European Communities’ Directive 2001/18 applied on 12 March 2001 on voluntary dissemination of genetically modified organisms in the environment.
- Price lists and Price of Seeds
2.1. Price
The prices of seeds sold are those applicable on the day the order is placed. They are denominated in euros and calculated excluding taxes. Therefore, they will be grossed up by the VAT rate (except for export deliveries – any country outside the European Union – and deliveries within the European Union on the condition that they gave us their valid intra-EU VAT number) and transport costs.
Administrative costs of €50 will be invoiced for any order of less than 10,000 seeds. The minimum packaging is 1,000 seeds, for the entire varietal catalogue. Jupiter Seed Europe LTD reserves the right to change its price lists at any time. Invoices will reflect the price at the time and date that was enforced at the time received.
2.2. Methods of payment
Orders are payable by Swift Bank to Bank wire transfer.
When the order is placed, the purchaser must pay the entire amount of the order and the supplier must receive full payment before the date of shipment.
2.3. Approval
Jupiter Seed Europe LTD acknowledges receipt of orders as soon as they have been recorded, by sending by email a pro forma invoice, and undertakes to meet the orders within the limit of available stocks. Should a variety not be available for any reason, Jupiter Seed Europe LTD, undertakes to inform the customer and to propose a replacement solution which the customer may accept or refuse at the customer’s discretion. Upon completion of the order process the client unreservedly accepts all of these general terms and conditions.
2.4. Cancellation
An order may be cancelled or modified prior to its shipment only with the express consent of the sales department at sales@cbdseedeurope.com.
If the order relates to perishable items or items which have already been packaged or shipped, Jupiter Seed Europe LTD reserves the right to refuse cancellation or modification of an order for any reason at its own discretion.
- Delivery
Jupiter Seed Europe LTD uses a third party outside shipping/delivery company. It cannot therefore be held responsible in the event of a failure of those.
The delivery is made :
either by the direct delivery of the goods to the purchaser,
or at the place that the purchaser mentions on the purchase order.
The purchase order must specify the desired date for shipping. Should the date of shipping or address information be unspecified or incomplete, Jupiter Seed Europe LTD cannot guarantee a delivery prior to a period of 1 week from when the aforementioned information is received. Said period may be extended if, during said 1 week period, public holidays complicate transport logistics or if weather disturbance prevents the movement of the customer’s order.
The delivery address noted on the order document will be alone and uniquely accepted once the pro forma invoice will have been paid.
Overruns of delivery times may not give rise either to damages or to withholding or to cancellation of open orders.
In case of incorrect address information or if address is provided in part, Jupiter Seed Europe LTD cannot be held liable if the delivery cannot be made within the times mentioned at the time of the order or receipt of payment.
Any reservations about the goods on arrival (damage) should be mentioned immediately on the delivery by email to sales@cbdseedeurope.com and accompanied with pictures and video.
3.1. Defects and delays in filing a complaint
The Buyer must check the products purchased at the time of delivery, or as quickly as possible after delivery. In doing so, the buyer must check whether the products provided meet the order placed by the customer, namely:
If the right products have been delivered
If the quantity of products delivered corresponds to what is indicated on the invoice
If the products delivered meet the agreed quality requirements or, where no requirements have been agreed, if they meet the requirements that can be expected in normal use and/or commercial use.
If the buyer notices visible defects or deficiencies, the customer must notify the seller in writing within 3 business days after delivery, specifying the lot number, delivery voucher and/or billing data to the sales department at sales@cbdseedeurope.com an must be accompanied by a detailed description of the deficiency accompanied by pictures and videos. The buyer must notify the seller in writing of the defects not visible within 3 business days of their discovery, specifying the lot number, delivery voucher and/or billing data to the sales department at sales@cbdseedeurope.com an must be accompanied by a detailed description of the deficiency accompanied by pictures and videos..
Complaints should be described so that the seller or a third party can verify them. In this case, the customer must also keep the history of the use of the products and in the event of the resale of the products, also at the level of its buyers. If the buyer does not file a complaint within the specified time frame, his complaint will not be reviewed and his rights will expire. In the case of an ongoing dispute between the parties over germinative faculty, authenticity and varietal purity, as well as specific purity and health status, each party may request a check with a mutually agreed upon third party laboratory. This check will be carried out from samples taken and kept by the seller before the sale. The outcome of this review will be contradictory to both parties, without prejudice to their right to submit the consequences of this result to an institution holding authority outlined in 5.
- Jurisdiction
Any dispute in connection with the interpretation and the performance of these general terms of sale is subject to the Republic of Bulgaria. Failing an amicable settlement, any dispute will be brought before a court in the Republic of Bulgaria.
- Retention of title
Jupiter Seed Europe LTD reserves title to the goods delivered until the price has been paid in full. In this regard, the delivery of bills of exchange or of any certificate which creates an obligation to pay do not constitute payments within the meaning of this provision. Jupiter Seed Europe LTD retains title to the products until the complete price has been collected. Please keep your invoice. It will be useful in the event of a claim. The vendor reserves the right at any time to make a joint inventory of the goods delivered and the purchaser undertakes to allow the vendor free access to its premises. Goods delivered and not paid may be claimed even in the case of court ordered administration or liquidation in accordance with the conditions provided for under current law. The guarantee of retention of title of goods not paid is carried over to all goods in stock owned by the vendor. The commodities delivered are presumed to be the first resold.
- Trademark
6.1. The logo
The Jupiter Seed Europe LTD and CBD Seed Europe logo and all product names and/or presentations on communication media are listed as trademarks of Jupiter Seed Europe LTD, its subsidiaries, affiliates, or licensors. Any unauthorized or abusive use of these marks is strictly prohibited and would constitute a counterfeit which could lead to civil and/or criminal prosecution and/or an action on the basis of unfair competition.
- Use and Re-sale of Seeds
The customer warrants that it will not use any seeds obtained from Jupiter Seed Europe LTD for the purpose of seed multiplication, creation of new hybrid lines derived from the nor inbreeding of the aforementioned seed, nor will they use the seed in the production of seed for resale or barter.
Customer agrees not to sell, exchange, lease, donate or otherwise make available to any third party cuttings, tissue, seeds, or pollen for the purpose of multiplying or maintaining seeds or derivative plants in their fundamental characteristic form or for the creation of new hybrid lines derived from original seeds supplied by Jupiter Seed Europe LTD
- Indemnity
Recipient assumes all liability for damages that may arise from use, storage, or disposal of seeds or resulting plants . Jupiter Seed Europe LTD will not be liable to the customer for any loss, claim, or demand made by the customer, or made against the Customer by any other party due to or arising from the use, storage, or disposal of the seed or resulting plants. The customer agrees to indemnify, hold harmless, and defend Jupiter Seed Europe LTD. against any claims, costs, or other liabilities that may arise as a result of Recipientʼs use, storage, or disposal of seeds or the resulting plants.
Recipient agrees to indemnify Jupiter Seed Europe LTD for reasonable attorney fees and costs of litigation based on or arising from the customerʼs misuse of seed according to the said terms.
- Assignment
The Recipient will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Condition and Terms of Sale without the prior written consent of Jupiter Seed Europe LTD which may be reasonably withheld at the sole discretion of Jupiter Seed Europe LTD..
- Disease
Disease of plants can in be seed or soil borne as well as be transmitted by wind, insects, animals, or humans. Though Jupiter Seed Europe has taken all reasonable steps in checking for and believes the seed transferred to be free from latent defect and disease; it shall not be a condition of transfer or a warranty that any seed is free from such a defect.
- Publication of Results
The Recipient shall acknowledge Jupiter Seed Europe as the supplier of the Seed in any publications that results from the Recipientʼs use of the Seed, and shall provide Jupiter Seed Europe LTD. with copies of the relevant publications.
- Protection of personal data
In accordance with general Regulations on data Protection 2016/679 of 27 April 2016 (GDPR), personal data concerning customers and users are The subject of computer processing by Jupiter Seed Europe LTD acting in the capacity of processing manager in particular: to carry out operations relating to the management of commercial relations in the context of the supply of all products and services.
The data types concerned are the identity of the customers and users, their postal, telephone and email details and the bank details necessary for the billing of the service, these data are exclusively processed by Jupiter Seed Europe LTD. These data are not transferred or processed in non-member countries of the European Economic Area.
These data shall be kept for the duration strictly necessary for the purposes referred to above.
Every person has a right of access, rectification, portability, erasure of his personal data or a limitation of their treatment, the right of opposition to the processing of his data for legitimate reasons and the right to withdraw his Consent at any time. Finally, everyone has the right to lodge a claim with a supervisory authority and to define guidelines for the fate of his personal data after his death. These rights may be exercised by e-mail at : info@cbdseedeurope.com or by mail to Jupiter Seed Europe LTD, Boulevard Praga 1, Sofia 1000, subject to a written request, signed, accompanied by a photocopy of an identity card.