Trading terms and conditions of Seedaholic

These terms and conditions regulate the business relationship between you and us. By using Seedaholic.com in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Seeds or Goods. If you are under 18, please confer with an adult to make your purchase.

We are:	Seedaholic
Our address is:	Cloghbrack, Clonbur, Galway, Ireland, Tel: +353 94 954 8756
You are:	a visitor to Seedaholic.com / our customer

The terms and conditions

1 Definitions

In this agreement: “Carrier” means any person or business contracted by us to carry Seeds or Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Seedaholic.com” means the entire computing hardware and software installation that is or supports Seedaholic.com.
“Seeds or Goods” means any of the Seeds or Goods we offer for sale on seedaholic.com
“Content” means any material in any form published on Seedaholic.com by us or any third party with our consent.

2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Seedaholic.com; and
2.2 In any event to you as a buyer or prospective buyer of our Seeds or Goods
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Seedaholic.com on the day you order Seeds or Goods
2.5 Unfortunately, we cannot guarantee that Seeds or Goods advertised on seedaholic.com are available.
2.6 If we do not have all of the Seeds or Goods you order in stock, we may offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel all or part of your order;
2.7 If in future, you buy Seeds or Goods from us under any arrangement which does not involve your payment via Seedaholic.com, these terms still apply.
2.8 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 3 days from the date of cancellation of your order.

3 Your account with us

3.1 The seeds and the produce from them are sold for personal use only. Neither the seeds or the crops they produce are to resold or used for commercial purposes..
3.2 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Seeds or Goods.
3.3 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.4 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.5 We reserve the right to refuse you access to Seedaholic.com.

4 Price and Payment

4.1 We endeavour to keep seedaholic.com prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Banking charges by the receiving bank on payments to us will be borne by us.
4.3 Prices include Irish value added tax. - we do not offer VAT free exports

5 Delivery

5.1 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are unable to deliver your order after two calls by our carrier, we will notify you to try to arrange an alternative date for delivery, convenient to you. If we have failed to contact you after [10] days from the first time we attempted delivery, we will cancel your order and return money paid for the Seeds or Goods. We will retain any charge we made for delivery.
5.3 If we ourselves are not able to deliver your Seeds or Goods within [20] days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.
5.4 We may deliver the Seeds or Goods in instalments if they are not all available at the same time for delivery.
5.5 Seeds or Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.

6 Cancellation of order

6.1 If you are a citizen of the European Union, and you bought the Seeds or Goods as a Consumer, you may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
6.2 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on seedaholic.com in the Customer Service section.
6.3 If you cancel before we have sent the Seeds or Goods, we will refund to you the price of the Seeds or Goods and the cost of delivery, if any.
6.4 If you cancel after we have despatched the Seeds or Goods, we will refund the price of the Seeds or Goods only.
6.5 If you cancel your order after we have despatched the Seeds or Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Seeds or Goods have been opened or damaged.
6.6 You are responsible for the cost of returning them.
6.7 To assist us in identifying your Seeds or Goods on receipt by us, we ask you to email us for a returns reference to be placed below our address / returns label.
6.8 If you fail to return the Seeds or Goods, within 14 days, we are entitled to arrange for their collection. If we do we shall look to you to repay us the cost of collection.
6.9 We will refund your money within 30 days.
6.10 This paragraph does not affect your rights in the event that the Seeds or Goods are faulty.

7 Foreign taxes, duties and import restrictions

7.1 If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws or customs restrictions in your country.
7.2 You are responsible for purchasing Seeds or Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

8 Seeds or Goods returned

8.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the seeds, please tell us at the earliest opportunity:
8.1.1 exactly what is the fault;
8.1.2 the date, if relevant, when the fault became apparent;
8.1.3 when and how you discovered the fault;
8.1.4 how the fault affected your use of the Seeds or Goods;
8.2 To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Seeds or Goods to us because you say they are faulty:
8.3 You must tell us by email message to info@seedaholic.com or by letter to our land address at the top of this agreement, you that you would like to return Seeds or Goods, specifying exactly what Seeds or Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Seeds or Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
8.4 The Seeds or Goods must be returned to us as soon as any defect is discovered.
8.5 So far as possible, Seeds or Goods should be returned:
8.5.1 with both Seeds or Goods and all packaging as far as possible in their original condition;
8.5.2 securely wrapped;
8.5.3 including our delivery slip;
8.5.4 at your risk and cost.

9 Disclaimers

9.1 We or our Content suppliers may make improvements or changes to Seedaholic.com, the Content, or to any of the Seeds or Goods, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Seeds or Goods for your purpose;
9.3.2 any implied warranty or condition as to merchantability or fitness of the Seeds or Goods for a purpose other than that for which the Seeds or Goods are commonly used;
9.4 Seedaholic.com contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Seedaholic.com or the purchase of Seeds or Goods.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the Seeds or Goods or services you have purchased.
9.7 The above two sub paragraphs do not apply to a claim for personal injury.
9.8 The web site will not stop you from ordering seeds or plants that are not suitable for the soil or climate where you live. If you make that kind of order, we won't give you a refund.
9.9 Diseases of plants can be transmitted by wind, animals, air, human agencies, can be seed borne or soil borne. I can therefore accept no responsibility for loss or damage in any way.
9.10 Seeds are not for human consumption and should at all times be kept away from children.
9.11 The information contained on this website is given as a guide only, seed descriptions and their use and yield are for information purposes, as variation in local or climatic conditions can render this information inaccurate. Customers should satisfy themselves that any seed that is ordered is satisfactory for their climatic conditions and order such seeds at their risk.
9.12 Seedaholic makes no representations about the fitness for a particular purpose of any of the seeds or products available on this web site. This does not affect your statutory rights as a consumer. You understand that seeds and plants are living things, and we cannot guarantee that seeds will germinate. We go to great lengths to ensure that we supply the best quality seeds available, but cannot be held responsible for local factors that may affect germination or the ongoing health of the plant.

10 Content and Intellectual Property Rights

10.1 We will defend the intellectual property rights in connection with our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons and images)
10.2 We also claim copyright in the designs and compilation of all Content of Seedaholic.com. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
10.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

11 Your email address

11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

12 System Security

12.1 We will do our best to maintain Seedaholic.com so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Seedaholic.com.
12.3 You may not use any software tool for the purpose of extracting data from seedaholic.com.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

13 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

14 Miscellaneous provisions

14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post
14.2 Where we provide Seeds or Goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Seeds or Goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those Seeds or Goods or service.
14.3 Nothing in this agreement or on Seedaholic.com shall confer on any third party any benefit or obligation.
14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 This Agreement shall be governed by and construed in accordance with the law of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Seeds or Goods, the application of which is hereby expressly excluded.