1. OWNERSHIP
In compliance with the provisions of Article 10 of Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, the general information of the Website is provided below:
Eva Seeds
Distribuciones Marianas 08 S.L.
Tax ID (CIF): B64740384
Travessera de les Corts 48
Barcelona, L’Hospitalet de Llobregat, 08903 Spain
(0034) 93 448 48 48
2. TERMS OF USE
2.1. Acceptance of the terms of use and contracting.
THE USER declares:
That they have read, understood and comprehend what is stated herein; that they are of legal age and have the legally required age to purchase items on this website in accordance with the legislation of their country of residence and have sufficient legal capacity to enter into contracts; and that they assume all the obligations set forth herein.
Since 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 to the WEBSITE is only permitted to persons of legal age in accordance with the regulations of their state of residence. Please, if you are a minor, 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 will at all times be responsible for safeguarding their password, and consequently assumes any damages that may arise from its improper use, as well as from its assignment, disclosure or loss. For these purposes, access to restricted areas and/or use of the services and content carried out using the password of a registered USER will be deemed to have been carried out by that registered USER, who will 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 Contracting Conditions.
Likewise, the User undertakes to make appropriate use of the services and/or content of the WEBSITE and not to use them to carry out unlawful activities or activities constituting a criminal offense, that infringe the rights of third parties and/or that violate 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 and 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 Conditions. By way of example, and in no case limiting or excluding, the User agrees to:
- Not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, that advocates terrorism or violates human rights, or anything that encourages irresponsible alcohol consumption.
- Not introduce or disseminate data programs (viruses and harmful software) on the network that could cause 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 type of 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 type of information, element or content that constitutes unlawful or unfair advertising.
- Not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that may mislead recipients of the information.
- Not impersonate other Users by using their registration credentials for the different services and/or content of the Website.
- Not disseminate, transmit or make available to third parties any type of information, element or content that entails a violation of intellectual and industrial property rights, patents, trademarks or copyrights belonging to the owners of the EVA SEEDS Website or to third parties.
- Not disseminate, transmit or make available to third parties any type of information, element or content that entails a violation of the secrecy of communications and data protection legislation.
The User undertakes to hold EVA SEEDS harmless against any possible claim, fine, penalty or sanction that it may be required to bear as a consequence of the User’s breach of any of the above rules of use, and EVA SEEDS also reserves the right to claim any compensation for damages to which it may be entitled.
2.4. Disclaimer of liability.
The content of EVA SEEDS has been prepared in good faith, using both proprietary and third-party information obtained lawfully. Nevertheless, EVA SEEDS cannot guarantee 100% the accuracy and reliability of the content.
The EVA SEEDS website accepts no liability for damages of any kind arising from users’ use of the content, services and products.
The USER’s access to the WEBSITE does not imply any obligation on EVA SEEDS to monitor the absence of viruses, worms or any other harmful computer element. In any case, it is the USER’s responsibility to have suitable tools for detecting and disinfecting harmful computer programs.
EVA SEEDS is not responsible for damages of any kind suffered by the USER that arise from failures or disconnections in telecommunications networks that result in the suspension, cancellation or interruption of the WEBSITE service during its provision or prior thereto.
EVA SEEDS is not aware of the content and services of Linked Sites and, therefore, is not responsible for damages caused by the illegality, quality, obsolescence, unavailability, error or uselessness of the content and/or services of Linked Sites, nor for any other damage not directly attributable to EVA SEEDS.
3. INTELLECTUAL PROPERTY
All the contents of the Website: texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are the intellectual property of EVA SEEDS or third parties, and none of the exploitation rights recognized by current intellectual property regulations are deemed to be transferred to the USER.
Trademarks, trade names and distinctive signs are the property of EVA SEEDS or third parties, and access to the Website shall not be understood to grant any right over them.
By accepting these General Conditions, the User assigns to EVA SEEDS, free of charge and exclusively, all exploitation rights over the articles, comments and opinions (hereinafter, the “Content”) that the User publishes or authorizes to be published on the Website. This assignment shall be understood to be made worldwide, without any limitation, and for the maximum term provided for in Royal Legislative Decree 1/1996 of 12 April, approving the Consolidated Text of the Intellectual Property Law, regulating, clarifying and harmonizing the legal provisions in force on the matter. EVA SEEDS may exploit the rights of reproduction, transformation, distribution and public communication of the Content, in the broadest sense recognized by said Law.
The User, who states that they hold all intellectual property rights over the aforementioned articles, comments and opinions, undertakes 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 arising from the obligations that the User assumes directly or indirectly under these General Conditions.
Likewise, the User undertakes to hold EVA SEEDS harmless against any damage that they or a third party may suffer as a consequence of formalizing the assignment of rights regulated in this clause.
4. CONDITIONS OF SALE
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 service providers.
EVA SEEDS does not have access to the banking details linked to USERS’ payment methods and does not know or record such data during the payment transaction.
EVA SEEDS reserves the right to reject or cancel, after informing the USER, at its sole discretion, those orders in which it may find (i) inaccuracies or obvious errors in the product, (ii) inaccuracies or obvious errors in pricing through the WEBSITE, or (iii) any suspicion of fraud or that significant data provided by USERS are false, incomplete or inaccurate.
EVA SEEDS reserves the right to request, by fax or email, a copy of the card used for the purchase and an identity document, bank statement, national identity document, passport or equivalent documentation (DNI) of the User to confirm the accuracy of the data provided.
To make payment by bank transfer, the USER must make a transfer with the details that will appear in the order confirmation email. It will indicate the account number to which the transfer must be made, the amount and the reference to be included to speed up the final acceptance process of the order. The order will be processed once the full amount has been received, and the delivery timeframe communicated to the USER will start counting from the date the full amount is received in the account. Orders placed by bank transfer are valid for 7 days. Any payment made after that period may be subject to changes in product availability or prices.
5. SHIPPING AND DELIVERY COSTS
The USER shall bear the shipping costs of their orders, unless expressly stated otherwise.
EVA SEEDS, where applicable, the SELLER will indicate the price of shipping costs during the order process; these costs must be approved by the USER prior to acceptance of the order, unless they are included in the price. EVA SEEDS will inform the USER in advance during the purchase process of any additional cost incurred in the contracting process.
EVA SEEDS will inform the CUSTOMER of the estimated delivery times for the order during the purchase process. Delivery times indicated in the order are only an estimate and refer to business days. EVA SEEDS is not responsible for delays beyond the estimated delivery time.
Orders will be delivered to the delivery address freely designated by the USER on the order form, provided that such address is included in the delivery areas covered by the Platform.
Deliveries are made on business days (Monday to Friday) and during business hours (9:00 to 19:00). Unfortunately, deliveries are not offered on weekends or outside business hours, nor on weekends or public holidays, regardless of whether the USER requests these options in their order or in any communication to the EVA SEEDS team.
6. RETURNS
Attention: Once you receive the shipment, check its contents immediately. If the shipment appears externally damaged, report it on the courier’s delivery note.
If the shipment arrives damaged, you have 24 hours to submit your claim in writing. After that period, no claims for product damage will be accepted.
Orders may be cancelled at no cost up to the moment the shipment has been prepared for dispatch to the USER. If the user’s cancellation request is received after the order has been prepared, the cancellation request will be treated as a return by the USER.
The USER may withdraw from the sales contract freely, without stating reasons, within fourteen (14) calendar days following the date of receipt of the product. The date on the receipt proving delivery of the product shall serve as the start date for calculating the aforementioned fourteen (14) day period.
To exercise the right of withdrawal, the USER must notify it to the email address info@Eva Seeds.com, indicating for identification and management purposes the email used for the purchase and the order number. EVA SEEDS will reply to the USER specifying the precise instructions for exercising the right of withdrawal.
The USER shall bear the costs and other procedures associated with returning the product, which must be packaged and shipped securely so that the returned merchandise arrives in perfect condition. The USER will be responsible for any defect, damage or loss suffered by the product in this process.
EVA SEEDS, in the event of withdrawal from the order, will refund the total amount of the order minus the collection costs, which will usually be managed by the same transport company that made the delivery.
EVA SEEDS will only accept the return of the product when its use has been limited to merely checking that the product functions properly, in accordance with current legislation.
EVA SEEDS will not accept the return of any product that has suffered deterioration attributable to the CUSTOMER.
The product must be returned in its original packaging and in perfect condition, i.e., not damaged or soiled by the CUSTOMER, and must be sent to the place indicated by EVA SEEDS in the instructions provided to the CUSTOMER. Likewise, the packaging must be fully and properly identified in order to know who the sender is. If it is not sent under the conditions described in these terms, the item will suffer depreciation which in any case must be paid by the CUSTOMER.
The right of withdrawal does not apply in the cases contemplated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, approving the Consolidated Text of the General Law for the Defense of Consumers and Users.
5.6.10. In the event of a shipping error or a product defect, EVA SEEDS undertakes to replace the defective product with an identical one, provided it is available. If replacement is not possible, the amount of that product will be refunded within 14 calendar days. To process a return, please contact us by phone at (+34) 93 448 48 48 or by email at info@Eva Seeds.com
For international orders, if the customer refuses to pay the costs upon the order’s arrival at customs (processing and fees), once the returned package is received at our facilities, the customer will be refunded the amount of their order, minus transport and handling costs (minimum 9 euros).
7. APPLICABLE LAW AND JURISDICTION.
These Terms and Conditions shall be governed and interpreted in accordance with the laws of Spain.
EVA SEEDS and the user, expressly waiving any other jurisdiction, submit to the jurisdiction and competence of the courts and tribunals of L'Hospitalet de Llobregat for any dispute that may arise from the provision of the services covered by these general conditions and the specific conditions defined on this website.
8. CONDITIONS FOR THE SALE OF CANNABIS SEEDS
The 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol and ratified by the Spanish State, provides for control of the flowering or fruiting tops of the cannabis plant, as well as the resin obtained from the cannabis plant, but expressly excludes seeds.
In Spain, the sale of seeds does not constitute a criminal offense if their cultivation is not intended for trafficking. EVA SEEDS only sells cannabis seeds for cultivation intended for personal consumption in those countries where such cultivation does not constitute a criminal offense, or for study or collecting purposes.
It is the duty of users of this website to know and respect the laws of their country regarding the purchase and use of cannabis seeds. EVA SEEDS does not intend to encourage or promote any improper or unlawful use of the seeds it markets. Therefore, it is the user’s responsibility to make responsible use of the products they purchase on this website.
EVA SEEDS declines any liability for acts by users of this website that may constitute a criminal offense.
9. PRIVACY POLICY
The identifying and personal data provided through this Website, via form or email, are confidential and will form part of the corresponding files owned by Distribuciones Marianas 08 S.L., created for the purpose of managing and processing orders through our online store, handling invoicing, accounting, collection and payment of invoices and compliance with tax obligations, as well as maintaining our business relationship and contact database and, in general, for the proper provision of our services.
Distribuciones Marianas 08 S.L., as the data controller, undertakes to comply with the obligation of confidentiality regarding the contents. Likewise, the data subject shall have the rights of objection, access, rectification and erasure with respect to all their data stored in the database of Distribuciones Marianas 08 S.L. These rights may be exercised by attaching a photocopy of the data subject’s ID (DNI) through any means of communication to:
Distribuciones Marianas 08 S.L.
Tax ID (CIF): B64740384
Travessera de les Corts 48
Barcelona, L’Hospitalet de Llobregat, 08903 Spain
(0034) 93 448 48 48
If personal data of users were to be transferred to third parties, the data subjects will be duly informed, indicating the identity of the recipients of the transfer and the purpose for which their data will be processed.
Distribuciones Marianas 08 S.L. reserves the right to modify its confidentiality and data protection policy as a result of legislative changes or changes to its privacy policy. If any modification occurs, the information will be published on this page, where you may access the current policy on confidentiality and data protection. In each case, the relationship with users will be governed by the rules in force at the exact time the website is accessed.
PURPOSE
Our website is designed to be especially responsive to the needs and interests of our customers. This is why we use cookies in order to recognize you when you access your account, correctly manage the contents of your basket and your selection, and offer you products and services aligned with your interests, based on your browsing. Therefore, cookies are used only by EVA SEEDS to improve and personalize the service we offer.
How to delete them
We inform you that you can delete EVA SEEDS cookies, but doing so will cause certain functionalities of our website to stop working correctly once you disable them. If you still wish to delete them, follow these instructions:
1. If you use Internet Explorer:
In Internet Explorer, click the “Tools” button, and then “Internet Options”.
On the “General” tab, under “Browsing history”, click “Settings”.
Click the “View files” button.
Click on the “Name” column to view the files in alphabetical order.
Select the cookies that include the name “EVA SEEDS” and delete them.
Close the window that contains the list of files and then click “OK”.
2. If you use the Firefox browser:
On the “Tools” tab, select the “Options” menu.
In the window that opens, select “Privacy” and click “Show Cookies”.
Select the cookies that include the name “EVA SEEDS” and delete them.
3. If you use the Safari browser:
In your browser, select the menu “Edit > Preferences”.
Click on “Security”.
Click on “Show Cookies”.
Select the cookies that include the name “EVA SEEDS” and click the “Delete” button.
Once the cookies have been deleted, click the “Done” button.
4. If you use the Google Chrome browser:
Click on the “Tools” menu icon.
Select “Options”.
Click the “Advanced options” tab and go to the “Privacy” section.
Click the “Show cookies” button.
Select the cookies that include the name “EVA SEEDS” and delete them.
Finally, click “Close”.
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 be, or that could potentially damage the goodwill of those entities or adversely influence them. The following activities are prohibited under card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.