Terms and conditions

Our cannabis seeds are sold as souvenirs. You can only germinate and grow in States/Counties where it is legal or you possess proper license from the Home Office in your country. AMS has the right to withdraw an order and refund payment when we suspect a customer is not following the proper regulations


Article 1 - Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;

  2. Reflection period: the period during which the Consumer may use his right of withdrawal;

  3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

  4. Day: calendar day;

  5. Digital content: data produced and delivered in digital form;

  6. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;

  7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.

  8. Right of withdrawal: the Consumer's option not to proceed with the distance agreement within the cooling-off period;

  9. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

  10. Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;

  11. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

Article 2 - The Entrepreneur's identity

  • AMS

  • E-Bizz Group B.V.

  • Postbus 36

  • 1110 AA

  • Diemen

  • The Netherlands

  • Tax # NL852591184B02

  • Dutch COC # 57463557

Article 3 - Applicability

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.

  2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.

  3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;

  4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.

Article 4 - The offer

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

  2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.

  3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

Article 5 - The contract

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.

  2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.

  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.

  4. The Entrepreneur may, within the limits of the law, gather information about Consumer's ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

  5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:

    1. Contact details of the Entrepreneur´s business where the Consumer may get into contact with any complaints;

    2. the information corresponding to existing after-sales services and guarantees;

    3. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;

  6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).

  2. The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or

    1. if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.

    2. in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.

    3. in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product

    4. If and when Consumer has received the shipping confirmation it is not possible for the Entrepreneur to stop the shipment in transit. The Consumer will have to wait until the purchased products have been received or, in case of non-arrival, until the 15th business day (EUROPE) or the 21st business day (Outside EUROPE) counting from the day of the shipping confirmation before claiming re-shipment or refund.

    5. It is not possible to apply address alterations or have the parcel re-routed after the shipping confirmation has been received. In case of inaccurate or incomplete address details provided by the Consumer at the time of purchase, Entrepreneur is not liable in case of delivery failure as a result of inaccurate or incompletely provided address by the Consumer. Additional shipping fee for re-shipment are for the expense of the Consumer.

Article 7 - Consumer's obligations during the time of reflection

  1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

  2. The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.

  3. The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.

Article 8 - Exercising the Consumer's right of withdrawal and the costs

  1. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.

  2. The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.

  3. The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.

  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.

Article 9 - Entrepreneur's obligations in case of withdrawal

  1. If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.

  2. The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first

  3. The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

  4. The Entrepreneur preserves the right to make an exception to obligation 3 in the case of force majeure

  5. If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

  1. Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;

  2. Perishable products or products with a limited durability.

  3. Products which for their nature are irreversibly mixed with other products;

Article 11 - Performance of an agreement and extra Guarantee

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.

  2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur's obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.

  3. 'Extra guarantee' is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.

Article 12 - Exchange and Return Policy

  1. All our products are subjected to rigorous quality control.In the unlikely event you should experience any difficulties with our products take some pictures to show us the situation and then return the items to  
    AMS
    Postbus 36
    1110 AA Diemen
    The Netherlands

    We will of course replace the products or reimburse you upon receipt..

  2. Amendments to these Terms and Conditions are valid only after being published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the Consumer shall prevail during the validity of an offer.

  3. If an order is cancelled after processing, the costs for a credit card reimbursment wil be deducted from the amount owed to consumer.

Article 13 - Amendments to the General Terms and Conditions of Amsterdam Marijuana Seeds

  1. Additional and/or exceptional provisions of these terms may not be to the detriment of the consumer and should be recorded in writing in such a manner that these can be stored on a durable medium by the consumer in an accessible manner.

Appendix I: Standard text for withdrawal

Copy/paste this data to an email in case you want to revoke the agreement and send it to:

support@amsconnected.com

I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the product]*

[Order date]
[Order ID]
[Consumer's name]
[Consumer's address]