Terms and Conditions

General Conditions of Use and Contracting

1. OWNERSHIP

In compliance with Article 10 of Spanish Law 34/2002 of July 11 on Information Society Services and Electronic Commerce, the general information of the Website is provided below: Eva Seeds Distribuciones Marianas 08 S.L. CIF: B64740384 Travessera de les Corts 48 Barcelona, L’Hospitalet de Llobregat, 08903 Spain (0034) 93 448 53 82

2. TERMS OF USE

2.1. Acceptance of the Terms of Use and Contracting.

THE USER declares: That they have read, understood and comprehended what is stated herein; that they are of legal age and have the legal capacity required to purchase items on this website according to the legislation of their country of residence and have sufficient legal capacity to contract; and that they assume all obligations set forth herein. As the contents and services of the WEBSITE (hereinafter EVA SEEDS) relate not only to gardening products but also to products related to the cannabis world, access is permitted only to persons of legal age according to the regulations of their state of residence. Please, if you are underage, leave the EVA SEEDS website.

2.2. Registration.

The data entered by the USER must be accurate, current and truthful at all times. The registered USER shall at all times be responsible for safeguarding their password, assuming any damages that may arise from its misuse, as well as from its transfer, disclosure or loss. For these purposes, access to restricted areas and/or use of services and content carried out under the password of a registered USER shall be deemed to have been carried out by said registered USER, who shall in all cases be responsible for such access and use.

2.3. Rules of Use.

The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and these General Terms and Conditions. Likewise, the User agrees to make appropriate use of the services and/or contents of the WEBSITE and not to use them to carry out unlawful activities or activities constituting a criminal offense, infringing the rights of third parties and/or violating regulations on intellectual and industrial property, or any other applicable legal provisions. The USER undertakes not to transmit, introduce, disseminate or make available to third parties any type of material or information such as data, content, messages, drawings, sound and image files, photographs or software that are contrary to the law, morality, public order and these General Terms and Conditions. By way of example and in no case limited or exclusive, the User agrees to:

• Not introduce or disseminate racist, xenophobic, pornographic content, content advocating terrorism or violating human rights, or any content that promotes irresponsible alcohol consumption.
• Not introduce or disseminate data programs (viruses or harmful software) capable of causing damage to the computer systems of the access provider, its suppliers or third-party Internet users.
• Not disseminate, transmit or make available to third parties any information, element or content that infringes fundamental rights and public freedoms recognized constitutionally and in international treaties.
• Not disseminate, transmit or make available to third parties any information, element or content constituting unlawful or unfair advertising.
• Not introduce or disseminate false, ambiguous or inaccurate information or content that may mislead recipients.
• Not impersonate other Users by using their registration credentials for the Website’s various services and/or contents.
• Not disseminate, transmit or make available to third parties any information, element or content that infringes intellectual or industrial property rights, patents, trademarks or copyrights belonging to EVA SEEDS or third parties.
• Not disseminate, transmit or make available to third parties any information, element or content that violates confidentiality of communications or data protection legislation.
• The User undertakes to hold EVA SEEDS harmless from any possible claim, fine, penalty or sanction it may be required to bear as a consequence of the User’s breach of any of the aforementioned rules of use, and EVA SEEDS reserves the right to claim compensation for damages where appropriate.

2.4. Disclaimer of Liability.

The content of EVA SEEDS has been prepared in good faith using both its own information and information obtained legally from third parties. However, EVA SEEDS cannot guarantee 100% the truthfulness and reliability of the content. The EVA SEEDS website accepts no liability for damages of any kind arising from the use of its contents, services and products by users. The USER’s access to the WEBSITE does not imply any obligation for EVA SEEDS to monitor the absence of viruses, worms or any other harmful computer elements. It is the USER’s responsibility to have appropriate tools for the detection and disinfection of harmful computer programs. EVA SEEDS shall not be liable for damages of any kind suffered by the USER arising from failures or disconnections in telecommunications networks causing suspension, cancellation or interruption of the WEBSITE service during or prior to its provision. EVA SEEDS is not aware of the contents and services of Linked Sites and therefore shall not be liable for damages arising from the unlawfulness, quality, outdated nature, unavailability, error or uselessness of the contents and/or services of Linked Sites, nor for any other damage not directly attributable to EVA SEEDS.

3. INTELLECTUAL PROPERTY

All contents of the Website, including texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of EVA SEEDS or third parties, and no exploitation rights recognized by current intellectual property regulations are understood to be transferred to the USER. Trademarks, trade names and distinctive signs are owned by EVA SEEDS or third parties, and access to the Website does not grant any rights over them. By accepting these General Terms and Conditions, the User assigns to EVA SEEDS, free of charge and exclusively, all exploitation rights over articles, comments and opinions (hereinafter “the Contents”) that the User publishes or authorizes for publication on the Website. This assignment shall be worldwide, without limitation, and for the maximum term provided for in Royal Legislative Decree 1/1996 of April 12 approving the Consolidated Text of the Intellectual Property Law. EVA SEEDS may exploit the rights of reproduction, transformation, distribution and public communication of the Contents in the broadest sense recognized by said Law. The User, who declares to hold all intellectual property rights over the aforementioned articles, comments and opinions, agrees to assume any claim or liability, including compensation for damages, that any third party may bring against EVA SEEDS for considering their rights infringed by any actions derived directly or indirectly from these General Terms and Conditions. Likewise, the User agrees to hold EVA SEEDS harmless from any damage that they or a third party may suffer as a consequence of formalizing the assignment of rights regulated in this clause.

4. CONTRACTING CONDITIONS

EVA SEEDS reserves the right to use electronic payment methods of third parties and/or financial institutions to manage payments made by USERS through the WEBSITE, in collaboration with payment providers. EVA SEEDS does not have access to the banking details linked to USERS’ payment methods and does not know or record these details during the payment transaction. EVA SEEDS reserves the right to reject or cancel, after notifying the USER and at its sole discretion, any orders in which there may be (i) inaccuracies or obvious errors in the product, (ii) manifest inaccuracies or errors in pricing through the WEBSITE, or (iii) suspicion of fraud or significant false, incomplete or inaccurate data provided by USERS. EVA SEEDS reserves the right to request a copy by fax or email of the card used for the purchase and an identity document, bank statement, national ID card, passport or equivalent documentation to confirm the accuracy of the data provided. For payment by bank transfer, the USER must make a transfer using the details provided in the order confirmation email, including the account number, amount and reference required to expedite final acceptance of the order. The order will be processed once full payment has been received, and the delivery timeframe will start from the date the full amount is received. Orders paid by bank transfer are valid for 7 days. Payments made after this period may be subject to changes in product availability or price.

5. SHIPPING COSTS AND DELIVERY

Shipping costs shall be borne by the USER unless expressly stated otherwise. EVA SEEDS, or the SELLER where applicable, will indicate shipping costs during the ordering process; these costs must be approved by the USER prior to order acceptance unless included in the price. EVA SEEDS will inform the USER in advance of any additional costs incurred during the contracting process. Estimated delivery times will be provided during purchase. Delivery times are estimates and refer to business days. EVA SEEDS is not responsible for delays beyond the estimated timeframe. Deliveries are made to the address designated by the USER in the order form, provided it falls within the delivery areas covered by the Platform. Deliveries are made on business days (Monday to Friday) during business hours (9 a.m. to 7 p.m.). Weekend or holiday deliveries are not available.

6. RETURNS

Orders may be canceled free of charge until shipment preparation begins. After that, cancellation will be treated as a return. The USER may withdraw from the sales contract within fourteen (14) calendar days from receipt of the product without providing reasons. To exercise this right, the USER must notify info@evaseeds.com, indicating the email used for purchase and the order number. The USER bears return costs and must ensure safe packaging. Refunds will be issued within 14 calendar days, deducting collection costs. Returns are accepted only if the product has been used solely to verify proper functioning and remains in original packaging and perfect condition. No right of withdrawal applies in cases covered by Article 103 of Royal Legislative Decree 1/2007. In case of shipping error or defect, EVA SEEDS will replace the product if available or refund within 14 days. Contact (+34) 93 448 53 82 or info@evaseeds.com for returns.

For international orders, if the customer refuses to pay customs charges, once the returned package is received, the order amount will be refunded minus transport and management costs (minimum 9 euros).

7. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be governed by Spanish law. EVA SEEDS and the user expressly submit to the jurisdiction of the courts of L’Hospitalet de Llobregat for any disputes arising from these conditions.

8. CONDITIONS FOR THE SALE OF CANNABIS SEEDS

The 1961 Single Convention on Narcotic Drugs, amended by the 1972 Protocol and ratified by Spain, controls flowering or fruiting tops of the cannabis plant and cannabis resin but expressly excludes seeds. In Spain, the sale of seeds is not a criminal offense provided cultivation is not intended for trafficking. EVA SEEDS sells cannabis seeds only for personal consumption cultivation where lawful, or for study or collection. Users must know and comply with their country’s laws. EVA SEEDS does not encourage unlawful use and declines responsibility for illegal acts committed by users.

9. PRIVACY POLICY

You can consult our privacy policy on its specific page by clicking here

10. LEGAL NOTICE

This merchant undertakes not to allow any transaction that is illegal or considered by credit card brands or the acquiring bank to potentially damage their goodwill or negatively affect them. The following activities are prohibited under the card brand programs: the sale or offering of a product or service that is not fully compliant with all applicable laws relating to the Buyer, the Issuing Bank, the Merchant, or the Cardholder.