New Opium Act (Growshop Act).
We no longer sell more than 25 seeds within the Netherlands!
Since March 1, 2015, the new Opium Act (growshop act) has been in effect. This has introduced a change for growshops. With this law, large-scale and commercial cannabis cultivation can primarily be criminally prosecuted. In the context of this legislative change, we have decided to adjust the sale of cannabis seeds. Online, various (legal) articles mention a threshold of 200 plants between hobby and professional cultivation. Although cannabis seeds are exempt from ‘List 2’ of the Opium Act, freeseedsonline considers it wise to adhere to a maximum.

Cannabis seeds only for hobby growers and medicinal growers
Freeseedsonline wants to inform you that we do not cooperate with professional cultivation. We have decided to sell a maximum of 25 cannabis seeds per customer. This way, it remains possible for hobby growers to cultivate a few plants or medicinal cannabis without committing a criminal offense.
It is possible to add more than 25 cannabis seeds to your shopping cart. You will then receive a message from us that the order cannot be processed. If necessary, paid amounts will be refunded.

General Terms and Conditions

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 – Obligations of the consumer during the reflection period

Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof

Article 9 – Obligations of the entrepreneur in case of withdrawal

Article 10 – Exclusion of the right of withdrawal

Article 11 – The price

Article 12 – Performance and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and extension

Article 15 – Payment

Article 16 – Complaints procedure

Article 17 – Disputes

Article 18 – Additional or deviating provisions

Article 1 – Definitions

in these terms and conditions, the following is understood:

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these products, digital content and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur;
  2. Reflection period: the period during which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Duration agreement: an agreement that serves the regular supply of goods, services and/or digital content during a certain period;
  7. Durable medium: any means – including e-mail – that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the consumer’s option to cancel the distance agreement within the reflection period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
  10. Distance agreement: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and/or services, where up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
  11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
  12. Technique for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur having to be together in the same room at the same time.

Article 2 – Identity of the entrepreneur

First name: Henze Last name: Ruiter

Company name: Free seeds online

Street name: Petrus Hendrikszstraat 62-a

Postcode: 9714EJ Place: Groningen

Phone number: 0031050-2803026

Email address: info@freeseedsonline.com

KvK number: 60712252

VAT identification number: NL108121100B02

If the entrepreneur’s activity is subject to a relevant licensing system: the details of the supervisory authority. If the entrepreneur practices a regulated profession:

  • the professional association or organization to which he is affiliated;
  • the professional title, the place in the EU or the European Economic Area where it was granted;
  • a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement concluded between entrepreneur and consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate, before the distance agreement is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is reasonably not possible, it will be indicated, before the distance agreement is concluded, where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

Article 4 – The offer

  1. If an offer has a limited validity period or is subject to conditions, this is expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. 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 secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
  4. Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, motivatedly, or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the consumer no later than upon delivery of the product, service or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
  1. the visiting address of the entrepreneur’s establishment where the consumer can address complaints;
  2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information about warranties and existing after-sales service;
  4. the price including all taxes of the product, service or digital content; insofar as applicable, the delivery costs; and the method of payment, delivery or execution of the distance agreement;
  5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  6. if the consumer has a right of withdrawal, the model withdrawal form.
  1. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawalFor products:

  1. The consumer can dissolve an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but may not oblige him to state his reason(s).
  2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
  1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order of multiple products with different delivery times, provided he has clearly informed the consumer about this prior to the ordering process.
  2. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
  3. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

  1. The consumer can dissolve a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium during at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but may not oblige him to state his reason(s).
  2. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer shall handle the product and packaging with care. He may only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be permitted to do in a shop.
  2. The consumer is only liable for any diminution in value of the product resulting from handling the product beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminution in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and the costs thereof

  1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the reflection period by means of the model withdrawal form or in another unequivocal manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This need not be done if the entrepreneur has offered to collect the product himself. In any event, the consumer has complied with the return period if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of return shipment.
  6. If the consumer has expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to full fulfillment of the obligation.
  7. The consumer shall not bear the costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
  1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
  2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the reflection period.
  1. The consumer shall not bear the costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
  1. prior to its delivery, he has not expressly consented to commencement of fulfillment of the agreement before the end of the reflection period;
  2. he has not acknowledged that he loses his right of withdrawal by granting his consent; or
  3. the entrepreneur has failed to confirm this statement to the consumer.
  1. If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes electronic withdrawal notification possible, he shall send a confirmation of receipt immediately after receiving this notification.
  2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may postpone the refund until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
  3. The entrepreneur shall use the same payment method used by the consumer for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement:

  1. Products or services whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

  3. Service agreements, after full performance of the service, but only if:

  1. the performance has begun with the consumer’s explicit prior consent; and
  2. the consumer has stated that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
  1. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
  2. Service agreements for the provision of accommodation, if in the agreement a specific date or period of performance is provided for and other than for residential purposes, goods transportation, car rental services and catering;
  3. Agreements relating to leisure activities, if in the agreement a specific date or period of performance thereof is provided for;
  4. Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  5. Products that spoil quickly or have a limited shelf life;
  6. Sealed products which for reasons of health protection or hygiene are not suitable for return and whose seal has been broken after delivery;
  7. Products which, by their nature, have been irrevocably mixed with other products after delivery;
  8. Alcoholic beverages the price of which has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market on which the entrepreneur has no influence;
  9. Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
  10. Newspapers, magazines or periodicals, with the exception of subscriptions thereto;
  11. The delivery of digital content not supplied on a tangible medium, but only if:
  1. the performance has begun with the consumer’s explicit prior consent; and
  2. the consumer has stated that he thereby loses his right of withdrawal.

Article 11 – The price

  1. During the validity period mentioned 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.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are bound to fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or b. the consumer is entitled to terminate the agreement as of the day on which the price increase takes effect.

  1. The prices mentioned in the offer of products or services include VAT.

Article 12 – Performance of the agreement and additional warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional warranty provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims which the consumer may enforce against the entrepreneur under the agreement if the entrepreneur has failed to fulfill its part of the agreement.
  3. Additional warranty means any commitment by the entrepreneur, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event of its failure to fulfill its part of the agreement.

Article 13 – Delivery and execution

  1. The entrepreneur will exercise the greatest care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. The delivery address is deemed to be the address made known to the entrepreneur by the consumer.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be informed thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation for damages.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Continuous transactions: duration, termination and extensionTermination:

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

Extension:

  1. An agreement entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
  2. Contrary to the previous paragraph, an agreement entered into for a definite period of time and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of maximum three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
  3. An agreement entered into for a definite period of time and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not continued tacitly and ends automatically at the end of the trial or introductory period.

Duration:

  1. If an agreement has a term 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 oppose termination before the end of the agreed term.

Article 15 – Payment

  1. Unless otherwise agreed in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to prepay more than 50%. Where prepayment has been stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated prepayment has taken place.
  3. The consumer is obliged to report inaccuracies in supplied or stated payment details to the entrepreneur without delay.
  4. If the consumer fails to fulfill his payment obligation(s) in time, he shall, after having been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to comply with his payment obligations, be liable to pay statutory interest on the outstanding amount after the period of 14 days has expired, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months after submission of the complaint, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes: Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 – Additional or deviating provisions: Additional or deviating provisions 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.

Annex I: Model withdrawal formModel withdrawal form(fill out and return this form only if you wish to withdraw the agreement)

To: Free seeds online

Street: Petrus Hendrikszstraat 62-a

Postal code: 9714EJ

City: Groningen

email address info@freeseedsonline.com

I hereby inform you*, that I withdraw/our agreement regardingthe sale of the following products: cannabis seeds*the provision of the following service: shipping of seedsMail to info@freeseedsonline.com&am