Terms and Conditions

Article 6A Packaging and transport

1. DRgrowkit.com commits itself towards the Buyer to properly package the deliverable goods and to secure and/or seal them in such a manner that in case of regular use and transport they reach their destination in good condition.
2. Unless established otherwise in writing, all deliveries take place inclusive of sales tax (VAT), inclusive of packaging and packing material and ex warehouse.
3. Accepting matters without comments or queries on the receipt count as proof that the packaging was in good condition at the time of the delivery.
4. Each Buyer is considered to be in possession of such import and/or payment permits as may be required. The lack or withdrawal of these permits does not relieve Buyer of the obligation to accept the matters in the established manner. If the matters are sold by DRgrowkit.com in non-cleared state, then a Buyer cannot derive therefrom the right to cancel the order. Nor can the right of cancellation of the order be derived from any possible quality requirements and/or objections made by third parties against the matters on grounds of patents, brands, and other titles.

Article 7 Investigation, complaints

1. Buyer is bound to (let) investigate the delivered matters at the moment of delivery, though in any case within 14 days after receipt of the delivered matters, but only to unwrap or use them to the extent necessary to evaluate whether he will retain the product. Thereby, Buyer must investigate whether the quality and quantity of the delivered matters corresponds with the agreement and whether the products meet the requirements which apply in regular (commercial) exchanges.
2. Buyer is obligated to investigate in what way the product must be used and to test and apply the personal use and the medical risks of a product in conformity with the directions for use. DRgrowkit.com does not recognise any liability which has arisen due to the wrong use of the product by Buyer.
3. Buyer must investigate himself whether the shipping of the product is compliant with all legislation and regulations of the relevant country of receipt. Buyer bears responsibility himself for compliance with local legislation and regulations and customs rules and for the associated costs.
4. Any possible visible defects or deficiencies must be reported within 14 business days after delivery in writing to DRgrowkit.com at info@DRgrowkit.com.nl. If such a defect is not reported within this term to DRgrowkit.com, the right of complaint lapses with regard to visible defects. In case of damaging of the product due to careless handling by Buyer himself, Buyer himself is liable for any possible reduction of value of the product.
5. Invisible defects, defects which Buyer has not discovered upon thorough inspection of the received matters and he could not reasonably have discovered, must be reported to DRgrowkit.com forthwith upon discovery of that defect in writing at info@DRgrowkit.com.nl. If a complaint is not filed immediately with regard to discovered invisible defects, the right of complaint of Buyer with regard to those defects lapses.
6. If Buyer makes use of his right of complaint, he will return the product and all accessories, to the extent reasonably possible, in the original state and packaging to DRgrowkit.com, in a substantiated manner and including relevant exhibits, with the purpose of enabling the relevant representative of DRgrowkit.com immediately to control the submitted complaints.
7. Buyer cannot file complaint with regard to delivered matters which he has at such time (re-)sold already.
8. Buyer cannot file complaint with regard to products which for reasons of hygiene are excluded from revocation, unless these products are in their sealed and original packaging and they have not been used.
9. Buyer does not have the right of complaint in the event of minor deviations which are considered permissible in commerce.
10. Claims or complaints with regard to a part of the delivered matters can never be grounds for the rejection of the entire delivery.
11. Buyer may, barring on grounds of complaints acknowledged by DRgrowkit.com and the prior consent granted for this in writing by DRgrowkit.com, not send back delivered matters. Return shipments can be sent to the official place of establishment. The shipping costs of returning are borne by Buyer.
12. (In case of) restitution of the purchase amount by DRgrowkit.com is carried out as soon as possible, the payment will take place within 30 days after receipt of the return shipment. Restitution takes place to the bank account number submitted before..

Article 8 Prices

1. During the term of validity of the offer, the prices of the proposed products are not increased, barring in the event of changes to VAT-rates.
2. The prices indicated in the offer are inclusive of VAT and other government-imposed levies, as well as packaging costs and administration costs. The shipping and any possible transport and clearing costs are not included, unless emphatically indicated otherwise.
3. If after adoption of the agreement but prior to the established date of availability or delivery the prices of auxiliary materials, raw material, components, the wages or other price-determining factors have undergone changes, DRgrowkit.com has the right to adjust the purchase price correspondingly, though not before expiry of three months since conclusion of the agreement. What is stipulated in the preceding full sentence leaves unaffected the authority of DRgrowkit.com to pass on price increases pursuant to legislation and regulations at all times and to increase the offering price correspondingly.
4. Price increases which are the result of additions and/or modifications to the agreement are borne by Buyer.
5. DRgrowkit.com provides Buyer with an itemised bill regarding the agreement in connection with the placed order or the submitted purchase.
6. All prices indicated by DRgrowkit.com are subject to printing and typing errors. Buyer cannot derive any rights or expectations from the possible consequences of these errors. DRgrowkit.com is not obligated to deliver in accordance with the erroneous price.

Article 9 Payment and collection policy

1. Payment must take place in advance, unless payment upon delivery has been established, in a manner as is to be indicated by DRgrowkit.com and in the currency in which the invoice is drawn up. Objections against the amount of the invoices do not suspend the payment obligation.
2. Buyer cannot derive any rights or expectations from a budget submitted beforehand, unless parties have emphatically established otherwise.
3. Buyer must settle these costs at once to the account number specified to him by DRgrowkit.com. Barring special circumstances, Buyer can only after the explicit and written consent of DRgrowkit.com establish a further term within which the owed amount must be settled, or Buyer can establish payment in cash. Using the option of (cash) payment through shipping is at the expense and risk of the Buyer. DRgrowkit.com does not guarantee the non-secure receipt of the full amount.
4. In case of liquidation, bankruptcy, or suspension of payments of Buyer, the claims of DRgrowkit.com on the Buyer are immediately exigible.
5. DRgrowkit.com has the right to let serve the payments executed by the Buyer in the first place to be deducted from the costs, subsequently from the matured interest, and finally to be deducted from the principal and the current interest. DRgrowkit.com can, without thereby falling into default, refuse a proposal for payment, if the Buyer indicates another order for the allocation. DRgrowkit.com can refuse full settlement of the principal if thereby the matured and the current interest as well as the costs are not settled as well.
6. In case Buyer is not compliant with his payment obligation and has not fulfilled his obligation within the payment term of 14 days set for this, Buyer (if Buyer has made the order from the exercise of a profession or business without any further default notice) is in default.
7. From the date that Buyer is in default, DRgrowkit.com will be entitled, without any further default notice, to the statutory (commercial) interest from the first day of default until full settlement and compensation of the extrajudicial costs in conformity with article 6:96 BW (Netherlands Civil Code), to be calculated according to the table in the decree on extrajudicial collection costs ‘besluit vergoeding voor buitengerechtelijke incassokosten’ of 1 July 2012.
8. If DRgrowkit.com has incurred more or higher costs which are reasonably necessary for compliance with the Agreement, such costs are eligible for compensation by Buyer. Also incurred judicial and enforcement costs are borne by Buyer.

Article 10 Retention of property

1. All matters delivered by DRgrowkit.com remain the property of DRgrowkit.com until Buyer has fulfilled all obligations flowing from all agreements concluded with DRgrowkit.com.
2. Buyer is not authorised to pawn the matters subject to the retention of property, nor to encumber them in any other manner.
3. If third parties place an attachment on the matters subject to the retention of property or they wish to establish or exercise rights thereon, Buyer is obligated to accordingly inform DRgrowkit.com as soon as may reasonably be expected.
4. The Buyer commits himself to insure and keep insured the matters delivered under retention of property against fire, explosion and water damage, as well as against theft, and to present the policy of this insurance upon first request for perusal.
5. The matters delivered by DRgrowkit.com which, pursuant to the first section of this clause, fall under the retention of property, may only be resold in the context of regular business operations and never be used as means of payment.
6. In the event that DRgrowkit.com wishes to exercise its property rights as indicated in this article, the Buyer already presently grants its unconditional and irrevocable permission to DRgrowkit.com or to such third parties as the latter may designate, to enter all such areas where the property of DRgrowkit.com is located and to take back those matters forthwith without any authorisation or consent of Buyer or of any judicial authority.
7. DRgrowkit.com has the right to keep the product(s) purchased by Buyer under its control if Buyer has not yet (fully) complied with its payment obligations, despite an obligation of transfer or release of DRgrowkit.com. This also applies for the event that Buyer is in a state of bankruptcy. After Buyer has fulfilled his obligations after all, DRgrowkit.com will deliver the purchased products as soon as possible still, though no later than within 20 business days, to Buyer.
8. Costs and other (consequential) damage as a result of the keeping under his control of the purchased products are at the expense and risk of Buyer and will be refunded upon first request to DRgrowkit.com by Buyer.

Article 11 Warranty

1. DRgrowkit.com only sells products which are not on List I & II of ‘Opiumwet’ (Netherlands drugs legislation). DRgrowkit.com furthermore imposes restrictions on sales: a Buyer can purchase no more than a maximum of 5 (hemp) seeds per day.
2. DRgrowkit.com takes all such measures as can reasonably be expected of it to assure the quality and soundness of its products but does not guarantee the absence of any possible defects of what it delivers
3. If and to the extent any guarantee has been given, such guarantee regards the guarantee provided by the producer and/or manufacturer.
4. Information which DRgrowkit.com provides through its website or by way of collaborators on the phone, by e-mail, or through other means of communication, if for purposes of information and cannot be considered medical advice.
5. DRgrowkit.com is never responsible for the suitability of the products for each individual application by the Buyer and for (advice on) the use or the application of the products by the Buyer.
6. If the matters to be delivered are not compliant with these guarantees, then DRgrowkit.com will replace or restore the matter within a reasonable term after receipt thereof or otherwise, if returning is not reasonably possible, after written notice in the matter of the defect by Buyer. After it is evinced by DRgrowkit.com that Buyer legitimately appeals to the warranty, DRgrowkit.com will replace the product in case or take care of restoral. In case of replacement, Buyer will return the matter to be replaced to DRgrowkit.com (at the expense of Buyer) and grant its property to DRgrowkit.com.
7. Any possible defects or delivery of the wrong products must be reported within 4 weeks after delivery to DRgrowkit.com in writing. Return shipping is only possible with regard to products which are in as-new-condition and are in the original packaging or the expiry date of which has not yet elapsed.
8. The warranty hereby specified does not apply in case the defect has arisen as a result of inexpert or inappropriate use or if, without the written consent of DRgrowkit.com, Buyer or third parties have applied modifications, or have tried to do so, to the matter or they have used it for purposes which the matter is not intended for, or have exposed it to abnormal conditions or have handled them in violation of the instructions of DRgrowkit.com.

Article 12 Suspension and rescission

1. DRgrowkit.com is authorised to suspend fulfilment of the obligations or to rescind the agreement, if Buyer does not or does not fully comply with the (payment) obligations from the agreement.
2. DRgrowkit.com is furthermore authorised to rescind the agreement(s) existing between it and Buyer, to the extent it/they has/have not yet been implemented, without any judicial arrangement, if Buyer does not timely or does not properly fulfil the obligations flowing for him from any agreement concluded with DRgrowkit.com, as well as in case of the bankruptcy of Buyer.
3. DRgrowkit.com is furthermore authorised to (let) rescind the agreement without any prior default notice if circumstances occur which are of such a nature that compliance with the agreement cannot possibly or cannot by standards of reason and fairness any longer be demanded, or if circumstances occur otherwise which are of such a nature that the unaltered maintaining of the agreement cannot reasonably be expected.
4. Upon a suspicion that a delivery is being made to a natural person younger than 18 or a person acting from the exercise of a profession or business or a person who uses products for other purposes than personal use, DRgrowkit.com has the right at all times to rescind the agreement with immediate effect. If rescission takes place pursuant to the aforementioned suspicion, Buyer is entitled to the refunding of money already paid.
5. If the agreement is rescinded, the claims of DRgrowkit.com on the Buyer are immediately exigible. In case DRgrowkit.com suspends fulfilment of the obligations, DRgrowkit.com retains its entitlements pursuant to the law and the agreement.
6. DRgrowkit.com always retains the right to claim compensation of damages.

Article 13 Limitation liability

1. If the implementation of the agreement by DRgrowkit.com leads to liability of DRgrowkit.com towards Buyer or third parties, such liability is limited to the costs billed by DRgrowkit.com in connection with the order with regard to direct damage. The liability is limited in any case to the damage amount which is disbursed at most by the insurance company.
2. The liability of DRgrowkit.com is limited at all times to the restoral free of charges of a defective matter or the replacement of that matter – or a component thereof – and all things at the discretion of DRgrowkit.com.
3. Buyer has an investigation obligation of his own and a responsibility to inform himself of the purchase, the use, effect, and possible health hazards of delivered products and the relevant legislation, such as the Netherlands ‘Opiumwet’.
4. DRgrowkit.com does not accept any liability for, in any case, the following situations: the product does not create the expected/desired sensation and/or effect; unexpected harvest results; physical and/or mental complaints (including though not limited to: dizziness, heart palpitations, headaches, confusion, the triggering of a psychosis); reduced response capacity; other personal injury and/or work incapacity as a result of defects of the product. Products cannot be considered medication in any way neither/nor as a substitute of medical treatment(s) (already underway) and/or of medical advice.
5. Products which DRgrowkit.com offers must never be used in combination with medication, alcohol, supplements, anti-depressants (MAO-inhibitors, SSRIs, SRNIs, and TCAs) and/or other (pharmaceutical) substances with a similar effect. If Buyer uses the products in combination with medication, alcohol, supplements, anti-depressants, DRgrowkit.com does not accept liability under any circumstance.
6. DRgrowkit.com is not liable for consequential damage, indirect damage, business damage, loss of profit and/or incurred losses, missed savings, damage due to operational stagnation.
7. Only in case of an attributable shortcoming in compliance in the matter of guarantees established by DRgrowkit.com with regard to the functionality and quality of the delivered products, is a limited liability accepted.
8. DRgrowkit.com is not liable for damage which is or can be the consequence of any action or failure to act in connection with (imperfect) information deriving from collaborators, the website, or from linked websites.
9. DRgrowkit.com is not responsible for errors and/or irregularities in the functionality of the website and/ or malfunctions or the (temporarily) not being available of the website for whatever reasons.
10. DRgrowkit.com does not guarantee the correct and complete transmission of the contents of and the functioning of e-mail forwarded by/on behalf of DRgrowkit.com, nor for its timely receipt.
11. DRgrowkit.com is not liable for any damage which Buyer incurs in the event products which are purchased by order of Buyer are not compliant with legislation and regulations of the country of receipt. DRgrowkit.com only and exclusively sells in conformity with Netherlands legislation. Buyer must inform himself regarding compliance with local laws.
12. All claims of Buyer on account of the shortcoming of DRgrowkit.com lapse if they have not been reported in a written and substantiated form to DRgrowkit.com within a year after Buyer was aware or could reasonably have been aware of the facts he bases his claims on.

Article 14 Risk transfer

The risk of loss or damaging of the products which are object of the agreement passes to Buyer at the moment when they are effectively delivered to Buyer and are thereby brought under the control of Buyer or of third parties to be indicated by Buyer.

Article 15 Force Majeure

1. DRgrowkit.com is not liable in case it is unable to fulfil its obligation pursuant to the agreement as a consequence of a situation of force majeure, nor can DRgrowkit.com be bound to comply with any obligation if it is prevented from doing so as a result of a circumstance which cannot be attributed to its fault, and which, neither pursuant to the law, nor to a legal action or commonly held opinion, is its responsibility.
2. By force majeure is intended in any case, though it is not limited to, what is stipulated regarding in the law and jurisprudence, (i) force majeure on the part of suppliers of DRgrowkit.com, (ii) the not properly fulfilling of obligations of suppliers which have been prescribed or recommended by Buyer to DRgrowkit.com, (iii) defectiveness of matters, devices, software, or material of third parties, (iv) government measures, (v) power outage, (vi) malfunction of the internet, data network and telecom facilities (for instance as a result of: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport issues, (x) work strikes at the company of DRgrowkit.com , (xi) confiscation of whatever nature and on whatever grounds, and (xii) other situations which in the opinion of DRgrowkit.com fall outside its sphere of influence and which prevent the fulfilment of its obligations temporarily or permanently.
3. DRgrowkit.com has the right to appeal to force majeure if the circumstance which prevents (further) compliance enters into effect after DRgrowkit.com should have complied with its contract.
4. During the period that the force majeure continues, parties can suspend the obligations from the agreement. If this period lasts longer than two months, then each of the parties is authorised to rescind the agreement, without any obligation to compensate damage to the other party.
5. To the extent DRgrowkit.com has at the time force majeure enters into effect already partially fulfilled its obligations pursuant to the agreement or will still be able to do so, and the part fulfilled or to be fulfilled respectively represents an independent value, DRgrowkit.com has the right to separately invoice the part already fulfilled or still to be fulfilled respectively. Buyer is bound to settle this invoice as if it regarded a separate agreement.

Article 16 Privacy, data processing, and security

1. DRgrowkit.com handles the (personal) data of Buyer and Users of the website with care and will only use it in conformity with the privacy statement. If so requested, DRgrowkit.com will inform the data subject concerning. Questions about the processing of the personal data and further information can be submitted by e-mail to info@DRgrowkit.com.nl.
2. If DRgrowkit.com on grounds of the agreement must provide for the security of information, such security will be compliant with the established specifications and a level of security which, taking into account the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.

Article 17 – Intellectual Property Rights

1. All IP rights and copyrights of DRgrowkit.com lie exclusively with DRgrowkit.com and are not transferred to Buyer.
2. It is prohibited to Buyer to disclose and/or multiply, to modify or to make available to third parties all documents subject to the IP rights and copyrights of DRgrowkit.com, without the emphatic prior written consent of DRgrowkit.com. If Buyer wishes to apply changes to/on products supplied by DRgrowkit.com, DRgrowkit.com must explicitly agree with the intended modifications.
3. It is prohibited to Buyer to use products subject to the intellectual property rights of DRgrowkit.com otherwise than is established in the agreement.

Article 18 Complaints

1. If Buyer is not satisfied with the service or products of DRgrowkit.com or has complaints otherwise regarding the purchase agreement, Buyer is obligated to report these complaints as soon as possible, but no later than within 7 days after the disclosure of what has led to the complaint. Complaints can be reported to info@DRgrowkit.com.nl
indicating “complaint” as the subject.
2. The complaint must be sufficiently substantiated and/or clarified by Buyer, for DRgrowkit.com to be able to take the complaint into consideration.
3. DRgrowkit.com will respond as soon as possible, though no later than within 14 days after receipt of the complaint, substantively to the complaint. If a longer term for complaint handling is necessary, buyer will be timely informed accordingly, and in any case within said 14-day term.
4. Parties will try to reach a settlement through mutual agreement.

Article 19 Applicable law

1. To each agreement between DRgrowkit.com and the Buyer, Netherlands law is applicable. The applicability of the Vienna Commercial Treaty (CISG) is emphatically excluded.
2. DRgrowkit.com has the right to unilaterally modify these general conditions.
3. All disputes, arisen through or in connection with the agreement between DRgrowkit.com and Buyer are submitted to the competent court of law in The Hague, unless provisions of mandatory legislation designate another competent court.