These General Terms and Conditions (Terms and Conditions) are applicable to any use of the website www.Supa-Gro.com (Website), to any services available on the Website and to any and all offers, orders, orders of 100% mycelium growkits and agreements connected therewith (Services).
Article 1 - General
1 . By using this website and placing an order at www.Supa-Gro.com you certify that you are at least 18 years of age. This website, with all its contents, is intended solely for consenting adults.
2. All products on our website including 100% mycelium growkits are legal for sale in The Netherlands.
All the products on www.supa-gro.com are legal to be sold and possessed by people of 18 years and older in the Netherlands by Dutch law.
3. www.Supa-Gro.com cannot provide any information on the legal status of a product including 100% mycelium growkits in any other country. You accept the responsibility to inform yourself about your local laws, import and custom regulations before ordering and you certify that the import to your country of the products ordered is legal. By placing an order at www.Supa-Gro.com you accept all responsibilities regarding the legality of the products that will be shipped to you.
When you place an order you declare that You are responsible for informing yourself on the legal status, import and custom laws of these products in your country. You take full responsibility concerning the legal status of the products that will be sent to you.
All products including 100% mycelium growkits sold at www.Supa-Gro.com are solely for personal use. We do not supply products to large scale or commercial use.
We reserve the right to refuse sale if we suspect this term is being breached.
www.Supa-Gro.com makes no claim that the information and products on the website are available, appropriate or legal outside The Netherlands. All information provided by www.Supa-Gro.com, through this website, links to or from other websites or by its employees over the phone, email or any other transmission is purely for educational and informational purposes. This should never be interpreted as a recommendation to undertake a specific action. Using the information for illegal activities is at your own risk. www.Supa-Gro.com does not warrant that the information on the website is up-to-date or accurate.
4. www.Supa-Gro.com doesn’t claim in any way that the products and 100% mycelium kits are appropriate for treating, curing or preventing any kind of disease or medical condition. www.Supa-Gro.com doesn’t give any medical advice. When in doubt, always consult a licensed physician and/or doctor and act on their recommendations.
5. You agree to comply with all instructions stated on the site by, among other things, providing true, accurate, current and complete information about yourself.
6. You agree to update information about yourself within ten (10) days of any changes.
Article 2 - No unlawful or prohibited use
Article 3 - Restriction/termination
Article 4 - Account
You will receive a password and account designation upon completing the registration form on the site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify www.Supa-Gro.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.Supa-Gro.com can not and will not be liable for any loss or damage arising from your failure to comply with this article. You hereby agree to indemnify and hold harmless www.Supa-Gro.com against any and all claims which might be incurred as a consequence of any use or abuse by any unauthorized person of your password or account.
Article 5 - Offers/ Agreement
All offers made by www.Supa-Gro.com are without commitment until you have received the acknowledge of acceptance from www.Supa-Gro.com, by which the agreement is concluded. You are aware of the technical steps leading to the conclusion of the agreement, whether the agreement shall be archived and is accessible, and the languages in which the agreement can be drawn up. www.Supa-Gro.com is not obliged to supply information to you with respect to the above prior to the conclusion of the agreement.
Article 6 - Delivery and shipping info
For information about shipping costs and times of delivery, please visit our shipping info page. In any event the time of delivery has a maximum of thirty days. In case www.Supa-Gro.com is not able to deliver the product(s) and 100% mycelium kits within thirty days, www.Supa-Gro.com shall inform you immediately in writing (e-mail, fax or letter) in which case you are entitled to terminate the agreement by notifying such in writing (e-mail, fax or letter) to www.Supa-Gro.com. We shall refund any money paid to you within thirty days, without incurring any other or further liability.
Article 7 - Risk during Transportation
During the transportation of the product(s) and 100% mycelium kits, www.Supa-Gro.com will carry the risk of damage, theft or loss. Please follow your parcel closely using your tracking number and make sure you are there to receive it on the day of delivery. In case of continuous failure of delivery attempts and lack of due diligence in collecting the parcel we shall not replace or refund your order. Risk of customs seizure is solely for your account, so is any action on behalf of any government agency imposing restrictions or displacing packages for unknown to us reasons.
At the moment of delivery of the product(s) and 100% mycelium kits the risk passes to you.
Article 8 - Cooling-off period
After receiving the products, you are entitled to terminate the agreement within seven days provided that the products or 100% mycelium growkits are still factory sealed. You have to inform www.Supa-Gro.com via e-mail and have to return the products immediately. You bare the risk during this transportation. In the event payments have already been made, www.Supa-Gro.com shall, after receiving the products concerned, refund the money of this agreement to you within thirty days. Your postage costs for returning the products will not be refunded.
Article 9 - Warranty
1. Complaints with respect to the delivered products and 100% mycelium kits will only be handled if returned to www.Supa-Gro.com within 30 days of delivery of the products, with a detailed description of the nature and extent of the concerning defect. After this period has expired, the delivered products and 100% mycelium growkits are deemed to have been found satisfactory and the delivery has been unconditionally accepted.
2. If www.Supa-Gro.com is of the opinion that a complaint is justified, it is obliged only to deliver replacement products as soon as possible without you being entitled to compensation for any damages. The costs of both return consignments, repair and/or replacement will be paid by www.Supa-Gro.com.
3. The warranty referred to in this article will not be applicable in the event that the defect has been fully or partially caused by any incorrect, improper, careless or incompetent use and/or if you have made any modifications to the products.
4. The warranty inclusive above conditions will apply to a maximum of 3 kits per order.
Article 10 - Liability
1. www.Supa-Gro.com's liability is limited to the warranty stated in article 9. In any event the liability of www.Supa-Gro.com resulting from the delivery of defective products will be limited to direct damages up to the amount of the price stipulated for the products concerned. Liability for indirect damages is excluded unless the damages are due to our willful intent or gross negligence.
2. Without prejudice to article 10 section 1, www.Supa-Gro.com will not be liable in the event that the defect has been fully or partially caused by any incorrect, improper, careless or incompetent use and/or if you have made any modifications to the products.
3. You hereby agree to indemnify and hold harmless www.Supa-Gro.com, its subsidiaries, affiliates, directors, agents or any other party involved in creating, producing, or delivering of the website or the services against any and all claims of third parties due to or arising out of your use of the services and/or your violation of the Terms and Conditions.
Article 11 - Evidence
The administration of www.Supa-Gro.com counts as, unless the contrary is proven, conclusive evidence of the orders which are given by you, your payments to www.Supa-Gro.com and the services. You acknowledge that electronic communication can be used in evidence.
Article 12 - Customs
www.Supa-Gro.com cannot guarantee that customs will not confiscate the products or any 100% mycelium growkits ordered by you. If such is the case www.Supa-Gro.com will not refund any payments to you or replace the order. Risk with customs seizure is solely for your account, so is any action on behalf of any government agency imposing restrictions or displacing packages for unknown to us reasons.
Article 13 - Payment
1. For information about shipping costs and time of delivery, please visit our payment page and our shipping page.
2. In the event of non-payment for whatever reason, you will automatically be in default and will owe the legal interest on the total amount invoiced from the date due and all expenses of the collection of payments incurred by www.Supa-Gro.com
Article 14 - Miscellaneous
1. www.Supa-Gro.com reserves the right to modify these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting of the modified Terms and Conditions.
2. These Terms constitute the entire agreement of the parties and supersede any and all prior and contemporaneous agreements of the parties relating to the subject matter. If any provision of these Terms is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these Terms, all of which shall remain in full force and effect.
3. These Terms are governed by the laws of the Netherlands. The district court in Arnhem has the exclusive jurisdiction regarding any and all disputes relating to these Terms.