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Terms and Conditions
The following terms and conditions are binding to the customer and are accepted by sending the order basket at Rareplants.eu (following "shop"). Any separate terms expressed by the customer have to be approved in written form by Rareplants.eu and are not effective before that.
1.) Prices
All prices are stated in € [EUR] and are exempted from IGIC (= Canary VAT) (*). The customer is responsible for any other additional costs accrued by an order (e.g. applicable taxes in his country).
Payments in other currencies than the Euro are not accepted.
(*) For customers residing in a country of the European Economic Area (EEA) only: the Canary islands are a territory of Spain and thus are part of the European Union (EU). However, being an ultra-peripheral region of the EU (similar to the Azores and Madeira, both territories of Portugal) they have a tax system of their own, and as such, they are not part of the EEA, but they are regarded as a third country in terms of taxes. Since July 2021 there is no free allowance anymore in any of the EEA member states for goods coming in from third countries, and since then all shipments coming in from the Canary islands are subject to local taxes in the destination country. However, in many member countries customs controls are still sporadic or not existent, especially if shipments are done in bubble wrap envelops or standard letters. Wherever possible we will use standard letter envelops for shipping. This greatly depends on the size of ordered seeds, the overall quantity, requirement for special protection against being bruised during transit, etc. If a customs control does occur, this will prolong the total transit time significantly for up to several weeks, especially if custom clearings are handled by DHL in the destination country (e.g. Austria, Germany and the Netherlands).
2.) Minimum Order Value
There is no minimum order value.
3.) Shipping Costs
Shipping costs are automatically calculated from the shop by the total order weight. Prices are stated for a delivery via registered/certified airmail to:
a) Europe (with the exception of mainland Spain, Balearic islands, Ceuta and Melilla *)
- for orders up to 50g: € 7,00
- for orders up to 100g: € 9,00
- for orders up to 500g: € 12,00
- for orders up to 1.000g: € 19,00
- for orders up to 2.000g: € 28,00
- for orders above 2.000g: € 40,00
b) World (all other non-European countries)
- for orders up to 50g: € 8,50
- for orders up to 100g: € 12,00
- for orders up to 500g: € 18,00
- for orders up to 1.000g: € 30,00
- for orders up to 2.000g: € 47,00
- for orders above 2.000g: € 75,00
c) Canary Islands
- for orders up to 100g: € 4,50
- for orders up to 500g: € 6,00
- for orders up to 1.000g: € 9,00
- for orders up to 2.000g: € 10,00
- for orders above 2.000g: € 20,00
* From 01 September 2013 onwards we do not ship anymore to customers with residency on mainlaind Spain, the Balearic islands, Ceuta or Melilla due to unreasonably elevated adminstrative costs caused by the triple VAT system on mainland Spain and the Balearic islands (IVA), the Canary islands (IGIC) and Ceuta and Melilla (IPSI). Customers from mainlaind Spain, the Balearic islands, Ceuta or Melilla have the possibility to arrange a personal pick-up in Puerto de la Cruz (S/C de Tenerife). We kindly ask for your comprehension!
4.) Order Handling Charge
There is no order handling charge on orders with a value of goods of € 20,00 (excluding shipping costs) and above. On orders with a value of goods below € 20,00 an order handling charge of maximum € 5,00 is applicable as follows:
Examples:
value of goods: € 6,50 => order handling charge: € 5,00
value of goods: € 17,20 => order handling charge: € 3,80 (€ 20,00 - € 17,20)
value of goods: € 21,00 => order handling charge: € 0,00
5.) Payment
On order receipt from the shop the total order value is due net and can be cleared by:
a) Payment by Credit Card (PayPal)
A credit card payment is processed by PayPal via an instant online payment gateway on conclusion of the order. PayPal accepts the following credit cards: VISA and Master Card. Other credit cards than the former and/or a manual debiting of credits cards are not accepted. We accept a payment by PayPal up to a total amount of € 250,00 only and we reserve the right to cancel and to refund any higher payment. For any higher amount please use international bank transfer instead.
b) Bank Transfer or GiroPay in € [EUR]
Our full bank details (account number / IBAN and SWIFT / BIC) are stated in the order confirmation which is automatically sent to the customer after completing the order checkout process. All bank costs, local as well as foreign bank costs, have to be paid by you. Please state in the note to payee your complete name and the order number.
The following additional fees have to be added to your payment in order to cover our bank fees, which are not included in the above mentioned foreign bank costs:
Euro-zone countries: € 0,00 (no additional costs)
All other countries (e.g. China, Denmark, Norway, Switzerland, USA, etc.): € 18,00
c) Sending Cash in € [EURO] (only by registered mail) to:
Bjørn Malkmus-Hussein, Calle Flor de Pascua 13, 38314 La Orotava (S/C de Tenerife), Spain
d) Personal Cheques and/or International Money Orders are NOT accepted.
6.) Shipment
Orders are dispatched after prior receipt of payment only. After receipt of payment all goods will be shipped within ten (10) days, if the customer does not receive a separate written note by e-mail stating a different date of dispatch which will be shown in his customer account as well (see below 10.) Data Protection and Privacy & Customer Account). On grounds of incidences provoked by third parties (e. g. strike) dispatch may be postponed. If payment is not received within two (2) weeks after the date of order confirmation from Rareplants.eu, the order will automatically be cancelled by the shop and reserved items are offered again in the shop.
Non-hardy plants (e. g. cuttings, corms or tubers) will be shipped during a frost free period only in winter months (i.e. from mid October to end of March), which may result in a delay of dispatch.
If the customer has certain restrictions/wishes for dates/periods of dispatch, these shall be clearly stated in the order.
Most items are shipped ex Tenerife, Canary islands, Spain. Very few articles are stored in Germany and will be shipped separatly at no extra costs to the customer ex Germany. The latter include seeds from species which are locally regarded as invasive, toxic or protected, but which by legislation are not so in other countries.
7.) Availability of Ordered Goods
Only available articles can be ordered in the shop. If certain articles cannot be shipped due to circumstances not caused by and beyond the responsibility of Rareplants.eu (e. g. infestation of seeds), the customer is given a refund by means of a credit note, a PayPal payment or sending cash.
For orders for which payment is not received along the order, all goods are reserved for the customer for two (2) weeks. If payment is not received within this time, certain articles may not be available anymore. On receipt of a later payment for all unavailable articles the customer is given a credit note for a future order.
8.) Order Cancellation, Right of Revocation/Return of Goods and Consequences of Revocation
a) Cancellation of Pending Orders
As long as goods have not been shipped, the customer may cancel a contract at any time free of charge. The cancellation of contract must be indicated in writing (e.g. by e-mail, fax, or letter) to Rareplants.eu. Besides all orders without receipt of payment are deleted automatically by the shop after 14 days. For all orders paid in advance the customer receives a reimbursement of the total order value via PayPal payment or bank transfer.
b) Right of Revocation of Shipped Orders/Return of Goods
Private customers have a right of revocation of shipped orders. The time limit starts with receipt of goods by the customer. All perishable goods, which are by their nature unsuitable for a return (e.g. plants and seeds), are exempted from this right. In this case a return of goods depends on a written approval by Rareplants.eu. The customer has to ask Rareplants.eu in a written form (e.g. by means of email, fax or letter) for such an approval within 14 days after receipt of goods by the customer. If Rareplants.eu agrees to return of goods, all goods have to be sent to:
Rareplants.eu
Bjørn Malkmus-Hussein
Calle Flor de Pascua, 13
38314 La Orotava (S/C de Tenerife)
Spain
Any contracts with commercial clients (e.g. resellers) are not covered by this right.
Consequences of Revocation
In case that Rareplants.eu accepts a revocation, on both sides all received benefits have to be returned and any benefits have to be redeemed. If the customer cannot return the received benefits totally or partly, or only in worsened conditions to Rareplants.eu, the customer must indemnify Rareplants.eu to the value of that extent. This does not apply to the degradation of goods as a result of examination - as it would have been possible for the customer in a local store for example. In all other respects the customer can avoid the obligation of an indemnification as a result of degradation of goods by not taking goods into his property and omitting everything, which degrades their value. All shippable goods are to be sent back on danger of Rareplants.eu. The customer has to bear the cost of return, if the supplied goods correspond to the ordered and if the order value does not exceed an amount of € 40.00. Otherwise the return is free for the customer, and all his necessary return expenses are refunded by Rareplants.eu. Obligations for reimbursement of payments must be fulfilled within 30 days. This time limit begins for the customer with the acceptance of his revocation by Rareplants.eu or for Rareplants.eu with receipt of goods.
9.) Complaints
All material is supplied in best state and free of any damages on the day of dispatch. Rareplants.eu does not hold responsibility for any damages, which may occur during transport. Any perceptible damages must be brought immediately to the carrier's notice.
On arrival of goods the customer has to control all articles for their completeness and intact condition. If there should be any material not satisfactory for which Rareplants.eu does hold responsibility (e. g. disease or infestations, wrong items), the customer has to contact Rareplants.eu in written form (e.g. by email, fax, letter) within 14 days after receipt of goods.Only after a written approval from Rareplants.eu all articles have to be sent back in their original package. The customer is given either a replacement as quickly as possible, a credit note is issued or a refund is given. For any return, which has not been approved by Rareplants.eu, as well as for all later complaints, no replacement, credit note nor refund will be given. Rareplants.eu will do everything to solve the problem immediately to ensure complete satisfaction of the customer.
Platform of the EU Commission regarding online dispute resolution:
https://ec.europa.eu/consumers/odr
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10.) Disclaimer
Rareplants.eu does not hold any liability for subsequent losses arising from partial or complete failure of any material supplied. Rareplants.eu is liable only up to the total order value as specified in the invoice.
11.) Cookies, Personal Data, Data Protection and Data Privacy
a) Cookies
Cookies are small text files which are sent to and locally stored on your computer or your device. Our website uses technically strictly necessary cookies only. These cookies are set when you submit a form or login at our website. Our cookies are session based and they will automatically expire after 60 minutes of inactivity. These technical cookies are essential to make our webshop work and to use all its' features (e. g. the shopping cart). If you chose to disable cookies on your computer or local device, you will not able to submit any order.
b) Personal Data, Data Protection and Data Privacy
The client has to supply personal data to the shop for order processing (http://www.rareplants.eu/shop/basket.asp), for subscription to the electronic information letter (Newsletter) in his/her customer account (http://www.rareplants.eu/shop/customer_account.asp) and to submit messages via the contact page (http://www.rareplants.eu/shop/page.asp?id=contact). The client can revise all saved personal data at any time in his/her customer account by providing his/her email address and his/her password on: http://www.rareplants.eu/shop/customer_account.asp
In complicance with the law of protection of personal data (Ley 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal), the customer may take his/her right at any time to access, rectify, cancel or object his/her personal data by sending an e-mail via the above mentioned contact page.
Rareplants.eu will pass any data onto third parties within legal duties of notification only. Neither bank nor credit card information are stored on our server.
All personal data and orders are submitted via a secure SSL certificate with an encryption of up to 256 bit, certified by GeoTrust® Inc., 350 Ellis Street, Mountain View, CA 94043-2202, USA.
12.) Miscellaneous
All seeds and other plant material supplied derive from artificially propagated plants only, unless it is explicitely mentioned that seeds are from wild collections. In the latter case detailed field information are given in the plant description. All batches stated as " ex " are from cultivated plants. In these at least some information on the original provenance of the former mother plants is known. Yet for being in cultivation for several decades, these plants may not represent the original type anymore, but they shall be treated as a horticultural selection only.
All plant descriptions, as well as all recommendations on sowing and cultivation are not part of the product. These texts are not legally binding and serve as a mere informative guideline only.
a) Taxonomy
Plants' names are constantly verified for latest taxonomical changes, however no guarantee can be granted for absolute accuracy in botanical naming. Obvious misnaming will be rectified to complete satisfaction of the customer.
b) True-to-type Seeds
Most seeds are a result of open pollination. Botanically very close species within a genus are cultivated separated from each other, so that the risk of unwanted hybridization is minimized. Some of the rarer species are artificially pollinated to ensure true-to-type seeds (e. g. all Paeonia species), which may result in the prizing for these 100% true-to-type seeds.
Plants in cultivation always represent true-to-type specimens. However, as natural variation of specimens within one population can never be maintained in a more or less restricted cultivation, i.e. certain species offered here might represent only forms within their possible genetic range.
c) Viability
Seeds are purified using different techniques, e. g. water, air-stream and sand. All countable seeds are hand-selected. On behalf of this most seeds which might not be viable are discarded. All seeds are tested for their viability before being introduced to the lists. Germination rates greatly depend on their germination conditions, which are outside the influence of Rareplants.eu. For several species in the lily family (Liliaceae) a natural germination rate of almost 100% is not an outstanding result, while others will not exceed a 10% viability (e. g. in Digitalis species). Until dispatch, all seeds are stored at 5°C / 37°F and a 30% relative air humidity to maintain an overall high viability.
Viability from every batch of seeds is tested at least once a year, and batches with unsatisfactory results will be taken off and be replaced by fresh seeds. In some genera seeds are only short-lived and thus will only be offered for a couple of weeks or months after harvesting.
Several species in the family of Amaryllidaceae (e. g. Lycoris) do not produce seeds in a traditional sense, but bulbils which soon will start to germinate – even at lower temperatures. These bulbils cannot be stored over a long period and shall be potted on receipt.
Rareplants.eu does not hold responsibility for any unsatisfactory germination rates due to inappropriate cultivation methods which are beyond our sphere of influence.
d) Sowing and Cultivation Information
A separate sowing and cultivation information sheet is not delivered with orders. General sowing information and cultivation are available on:
http://Rareplants.eu/shop/prodtype.asp?CAT_ID=557
This document can be downloaded as Adobe Reader file by the customer and locally saved on his personal computer from:
http://Rareplants.eu/shop/uploads/files_versions/General_Sowing_and_Cultivation_Information.pdf
Wherever deviant requirements of certain species are known, these are mentioned for all articles in the shop. All information on sowing and cultivation is given without any warranty for correctness and completeness.
e) Minimum Storage Ability
If not mentioned differently in the description for a certain species, all seeds are delivered for immediate sowing after receipt. If seeds are not intended for immediate sowing, it is recommended to temporarily store them in a dark and cool place (e. g. refrigerator) in their original plastic bags, which will protect them from dissection as well as excessive humidity.
f) Amount of Seeds per Package
All packages contain at least the amount of seeds as specified in the shop. In the case that seeds are not countable due to their small, dust-like size (e. g. in the genera: Campanulaceae, Crassulaceae and Scrophulariaceae), one package will contain at least the amount of seeds to raise fifty (50) seedlings. In general this means that a package contains much more than 50 seeds!
If two (2) or more packages are ordered from the same species, seeds will be merged together to a single package, unless the client clearly mentions some other instruction with his order.
g) Phytosanitary Certificate / CITES
No Phytosanitary nor CITES certificate will be issued. For possible restrictions on the importation of any living plant material or regulations due to CITES in the customer's country, the customer has to address himself to his local authorities before ordering any seeds/plants. All risk of a potential confiscation of any material due to legal interferences is solely upon the buyer.
All material offered from plants of the Washington Convention (CITES), listed in Appendices I - III, descends from cultivated and artificially propagated plants only in order to comply with German, Spanish and international laws. Thus with any order the customer places on Rareplants.eu he will contribute to the protection of populations of several critically endangered plants!
Important regulations for U.S. customers : Download the instructions for the application of a free-of-charge " Small Lots of Seed Permit" by APHIS (U.S. Animal and Plant Health Inspection Service) as PDF-file:
http://Rareplants.eu/shop/uploads/files_versions/Small_Lots_of_Seed_Permit_-_APHIS.pdf
13.) Place of Performance and Jurisdiction
The place of performance and jurisdiction for both parties is located within Spain. Only Spanish law is applicable.
14.) Salvatory Clause
Should any of the above terms and conditions become legally ineffective on account of cancellation, other agreements or for other reasons, the ineffective terms shall be substituted by an acceptable alternative. In case of any difference between the Spanish and the English, German or French version, the Spanish version will always prevail.
As of 18 june 2023.
The following terms and conditions are binding to the customer and are accepted by sending the order basket at Rareplants.eu (following "shop"). Any separate terms expressed by the customer have to be approved in written form by Rareplants.eu and are not effective before that.
1.) Prices
All prices are stated in € [EUR] and are exempted from IGIC (= Canary VAT) (*). The customer is responsible for any other additional costs accrued by an order (e.g. applicable taxes in his country).
Payments in other currencies than the Euro are not accepted.
(*) For customers residing in a country of the European Economic Area (EEA) only: the Canary islands are a territory of Spain and thus are part of the European Union (EU). However, being an ultra-peripheral region of the EU (similar to the Azores and Madeira, both territories of Portugal) they have a tax system of their own, and as such, they are not part of the EEA, but they are regarded as a third country in terms of taxes. Since July 2021 there is no free allowance anymore in any of the EEA member states for goods coming in from third countries, and since then all shipments coming in from the Canary islands are subject to local taxes in the destination country. However, in many member countries customs controls are still sporadic or not existent, especially if shipments are done in bubble wrap envelops or standard letters. Wherever possible we will use standard letter envelops for shipping. This greatly depends on the size of ordered seeds, the overall quantity, requirement for special protection against being bruised during transit, etc. If a customs control does occur, this will prolong the total transit time significantly for up to several weeks, especially if custom clearings are handled by DHL in the destination country (e.g. Austria, Germany and the Netherlands).
2.) Minimum Order Value
There is no minimum order value.
3.) Shipping Costs
Shipping costs are automatically calculated from the shop by the total order weight. Prices are stated for a delivery via registered/certified airmail to:
a) Europe (with the exception of mainland Spain, Balearic islands, Ceuta and Melilla *)
- for orders up to 50g: € 7,00
- for orders up to 100g: € 9,00
- for orders up to 500g: € 12,00
- for orders up to 1.000g: € 19,00
- for orders up to 2.000g: € 28,00
- for orders above 2.000g: € 40,00
b) World (all other non-European countries)
- for orders up to 50g: € 8,50
- for orders up to 100g: € 12,00
- for orders up to 500g: € 18,00
- for orders up to 1.000g: € 30,00
- for orders up to 2.000g: € 47,00
- for orders above 2.000g: € 75,00
c) Canary Islands
- for orders up to 100g: € 4,50
- for orders up to 500g: € 6,00
- for orders up to 1.000g: € 9,00
- for orders up to 2.000g: € 10,00
- for orders above 2.000g: € 20,00
* From 01 September 2013 onwards we do not ship anymore to customers with residency on mainlaind Spain, the Balearic islands, Ceuta or Melilla due to unreasonably elevated adminstrative costs caused by the triple VAT system on mainland Spain and the Balearic islands (IVA), the Canary islands (IGIC) and Ceuta and Melilla (IPSI). Customers from mainlaind Spain, the Balearic islands, Ceuta or Melilla have the possibility to arrange a personal pick-up in Puerto de la Cruz (S/C de Tenerife). We kindly ask for your comprehension!
4.) Order Handling Charge
There is no order handling charge on orders with a value of goods of € 20,00 (excluding shipping costs) and above. On orders with a value of goods below € 20,00 an order handling charge of maximum € 5,00 is applicable as follows:
| Value of goods | Order handling charge |
| < / = € 15,00 | € 5,00 |
| > € 15,00 and < € 20,00 | difference between € 20,00 and value of goods |
| > / = € 20,00 | € 0,00 |
Examples:
value of goods: € 6,50 => order handling charge: € 5,00
value of goods: € 17,20 => order handling charge: € 3,80 (€ 20,00 - € 17,20)
value of goods: € 21,00 => order handling charge: € 0,00
5.) Payment
On order receipt from the shop the total order value is due net and can be cleared by:
a) Payment by Credit Card (PayPal)
A credit card payment is processed by PayPal via an instant online payment gateway on conclusion of the order. PayPal accepts the following credit cards: VISA and Master Card. Other credit cards than the former and/or a manual debiting of credits cards are not accepted. We accept a payment by PayPal up to a total amount of € 250,00 only and we reserve the right to cancel and to refund any higher payment. For any higher amount please use international bank transfer instead.
b) Bank Transfer or GiroPay in € [EUR]
Our full bank details (account number / IBAN and SWIFT / BIC) are stated in the order confirmation which is automatically sent to the customer after completing the order checkout process. All bank costs, local as well as foreign bank costs, have to be paid by you. Please state in the note to payee your complete name and the order number.
The following additional fees have to be added to your payment in order to cover our bank fees, which are not included in the above mentioned foreign bank costs:
Euro-zone countries: € 0,00 (no additional costs)
All other countries (e.g. China, Denmark, Norway, Switzerland, USA, etc.): € 18,00
c) Sending Cash in € [EURO] (only by registered mail) to:
Bjørn Malkmus-Hussein, Calle Flor de Pascua 13, 38314 La Orotava (S/C de Tenerife), Spain
d) Personal Cheques and/or International Money Orders are NOT accepted.
6.) Shipment
Orders are dispatched after prior receipt of payment only. After receipt of payment all goods will be shipped within ten (10) days, if the customer does not receive a separate written note by e-mail stating a different date of dispatch which will be shown in his customer account as well (see below 10.) Data Protection and Privacy & Customer Account). On grounds of incidences provoked by third parties (e. g. strike) dispatch may be postponed. If payment is not received within two (2) weeks after the date of order confirmation from Rareplants.eu, the order will automatically be cancelled by the shop and reserved items are offered again in the shop.
Non-hardy plants (e. g. cuttings, corms or tubers) will be shipped during a frost free period only in winter months (i.e. from mid October to end of March), which may result in a delay of dispatch.
If the customer has certain restrictions/wishes for dates/periods of dispatch, these shall be clearly stated in the order.
Most items are shipped ex Tenerife, Canary islands, Spain. Very few articles are stored in Germany and will be shipped separatly at no extra costs to the customer ex Germany. The latter include seeds from species which are locally regarded as invasive, toxic or protected, but which by legislation are not so in other countries.
7.) Availability of Ordered Goods
Only available articles can be ordered in the shop. If certain articles cannot be shipped due to circumstances not caused by and beyond the responsibility of Rareplants.eu (e. g. infestation of seeds), the customer is given a refund by means of a credit note, a PayPal payment or sending cash.
For orders for which payment is not received along the order, all goods are reserved for the customer for two (2) weeks. If payment is not received within this time, certain articles may not be available anymore. On receipt of a later payment for all unavailable articles the customer is given a credit note for a future order.
8.) Order Cancellation, Right of Revocation/Return of Goods and Consequences of Revocation
a) Cancellation of Pending Orders
As long as goods have not been shipped, the customer may cancel a contract at any time free of charge. The cancellation of contract must be indicated in writing (e.g. by e-mail, fax, or letter) to Rareplants.eu. Besides all orders without receipt of payment are deleted automatically by the shop after 14 days. For all orders paid in advance the customer receives a reimbursement of the total order value via PayPal payment or bank transfer.
b) Right of Revocation of Shipped Orders/Return of Goods
Private customers have a right of revocation of shipped orders. The time limit starts with receipt of goods by the customer. All perishable goods, which are by their nature unsuitable for a return (e.g. plants and seeds), are exempted from this right. In this case a return of goods depends on a written approval by Rareplants.eu. The customer has to ask Rareplants.eu in a written form (e.g. by means of email, fax or letter) for such an approval within 14 days after receipt of goods by the customer. If Rareplants.eu agrees to return of goods, all goods have to be sent to:
Rareplants.eu
Bjørn Malkmus-Hussein
Calle Flor de Pascua, 13
38314 La Orotava (S/C de Tenerife)
Spain
Any contracts with commercial clients (e.g. resellers) are not covered by this right.
Consequences of Revocation
In case that Rareplants.eu accepts a revocation, on both sides all received benefits have to be returned and any benefits have to be redeemed. If the customer cannot return the received benefits totally or partly, or only in worsened conditions to Rareplants.eu, the customer must indemnify Rareplants.eu to the value of that extent. This does not apply to the degradation of goods as a result of examination - as it would have been possible for the customer in a local store for example. In all other respects the customer can avoid the obligation of an indemnification as a result of degradation of goods by not taking goods into his property and omitting everything, which degrades their value. All shippable goods are to be sent back on danger of Rareplants.eu. The customer has to bear the cost of return, if the supplied goods correspond to the ordered and if the order value does not exceed an amount of € 40.00. Otherwise the return is free for the customer, and all his necessary return expenses are refunded by Rareplants.eu. Obligations for reimbursement of payments must be fulfilled within 30 days. This time limit begins for the customer with the acceptance of his revocation by Rareplants.eu or for Rareplants.eu with receipt of goods.
9.) Complaints
All material is supplied in best state and free of any damages on the day of dispatch. Rareplants.eu does not hold responsibility for any damages, which may occur during transport. Any perceptible damages must be brought immediately to the carrier's notice.
On arrival of goods the customer has to control all articles for their completeness and intact condition. If there should be any material not satisfactory for which Rareplants.eu does hold responsibility (e. g. disease or infestations, wrong items), the customer has to contact Rareplants.eu in written form (e.g. by email, fax, letter) within 14 days after receipt of goods.Only after a written approval from Rareplants.eu all articles have to be sent back in their original package. The customer is given either a replacement as quickly as possible, a credit note is issued or a refund is given. For any return, which has not been approved by Rareplants.eu, as well as for all later complaints, no replacement, credit note nor refund will be given. Rareplants.eu will do everything to solve the problem immediately to ensure complete satisfaction of the customer.
Platform of the EU Commission regarding online dispute resolution:
https://ec.europa.eu/consumers/odr
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10.) Disclaimer
Rareplants.eu does not hold any liability for subsequent losses arising from partial or complete failure of any material supplied. Rareplants.eu is liable only up to the total order value as specified in the invoice.
11.) Cookies, Personal Data, Data Protection and Data Privacy
a) Cookies
Cookies are small text files which are sent to and locally stored on your computer or your device. Our website uses technically strictly necessary cookies only. These cookies are set when you submit a form or login at our website. Our cookies are session based and they will automatically expire after 60 minutes of inactivity. These technical cookies are essential to make our webshop work and to use all its' features (e. g. the shopping cart). If you chose to disable cookies on your computer or local device, you will not able to submit any order.
b) Personal Data, Data Protection and Data Privacy
The client has to supply personal data to the shop for order processing (http://www.rareplants.eu/shop/basket.asp), for subscription to the electronic information letter (Newsletter) in his/her customer account (http://www.rareplants.eu/shop/customer_account.asp) and to submit messages via the contact page (http://www.rareplants.eu/shop/page.asp?id=contact). The client can revise all saved personal data at any time in his/her customer account by providing his/her email address and his/her password on: http://www.rareplants.eu/shop/customer_account.asp
In complicance with the law of protection of personal data (Ley 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal), the customer may take his/her right at any time to access, rectify, cancel or object his/her personal data by sending an e-mail via the above mentioned contact page.
Rareplants.eu will pass any data onto third parties within legal duties of notification only. Neither bank nor credit card information are stored on our server.
All personal data and orders are submitted via a secure SSL certificate with an encryption of up to 256 bit, certified by GeoTrust® Inc., 350 Ellis Street, Mountain View, CA 94043-2202, USA.
12.) Miscellaneous
All seeds and other plant material supplied derive from artificially propagated plants only, unless it is explicitely mentioned that seeds are from wild collections. In the latter case detailed field information are given in the plant description. All batches stated as " ex " are from cultivated plants. In these at least some information on the original provenance of the former mother plants is known. Yet for being in cultivation for several decades, these plants may not represent the original type anymore, but they shall be treated as a horticultural selection only.
All plant descriptions, as well as all recommendations on sowing and cultivation are not part of the product. These texts are not legally binding and serve as a mere informative guideline only.
a) Taxonomy
Plants' names are constantly verified for latest taxonomical changes, however no guarantee can be granted for absolute accuracy in botanical naming. Obvious misnaming will be rectified to complete satisfaction of the customer.
b) True-to-type Seeds
Most seeds are a result of open pollination. Botanically very close species within a genus are cultivated separated from each other, so that the risk of unwanted hybridization is minimized. Some of the rarer species are artificially pollinated to ensure true-to-type seeds (e. g. all Paeonia species), which may result in the prizing for these 100% true-to-type seeds.
Plants in cultivation always represent true-to-type specimens. However, as natural variation of specimens within one population can never be maintained in a more or less restricted cultivation, i.e. certain species offered here might represent only forms within their possible genetic range.
c) Viability
Seeds are purified using different techniques, e. g. water, air-stream and sand. All countable seeds are hand-selected. On behalf of this most seeds which might not be viable are discarded. All seeds are tested for their viability before being introduced to the lists. Germination rates greatly depend on their germination conditions, which are outside the influence of Rareplants.eu. For several species in the lily family (Liliaceae) a natural germination rate of almost 100% is not an outstanding result, while others will not exceed a 10% viability (e. g. in Digitalis species). Until dispatch, all seeds are stored at 5°C / 37°F and a 30% relative air humidity to maintain an overall high viability.
Viability from every batch of seeds is tested at least once a year, and batches with unsatisfactory results will be taken off and be replaced by fresh seeds. In some genera seeds are only short-lived and thus will only be offered for a couple of weeks or months after harvesting.
Several species in the family of Amaryllidaceae (e. g. Lycoris) do not produce seeds in a traditional sense, but bulbils which soon will start to germinate – even at lower temperatures. These bulbils cannot be stored over a long period and shall be potted on receipt.
Rareplants.eu does not hold responsibility for any unsatisfactory germination rates due to inappropriate cultivation methods which are beyond our sphere of influence.
d) Sowing and Cultivation Information
A separate sowing and cultivation information sheet is not delivered with orders. General sowing information and cultivation are available on:
http://Rareplants.eu/shop/prodtype.asp?CAT_ID=557
This document can be downloaded as Adobe Reader file by the customer and locally saved on his personal computer from:
http://Rareplants.eu/shop/uploads/files_versions/General_Sowing_and_Cultivation_Information.pdf
Wherever deviant requirements of certain species are known, these are mentioned for all articles in the shop. All information on sowing and cultivation is given without any warranty for correctness and completeness.
e) Minimum Storage Ability
If not mentioned differently in the description for a certain species, all seeds are delivered for immediate sowing after receipt. If seeds are not intended for immediate sowing, it is recommended to temporarily store them in a dark and cool place (e. g. refrigerator) in their original plastic bags, which will protect them from dissection as well as excessive humidity.
f) Amount of Seeds per Package
All packages contain at least the amount of seeds as specified in the shop. In the case that seeds are not countable due to their small, dust-like size (e. g. in the genera: Campanulaceae, Crassulaceae and Scrophulariaceae), one package will contain at least the amount of seeds to raise fifty (50) seedlings. In general this means that a package contains much more than 50 seeds!
If two (2) or more packages are ordered from the same species, seeds will be merged together to a single package, unless the client clearly mentions some other instruction with his order.
g) Phytosanitary Certificate / CITES
No Phytosanitary nor CITES certificate will be issued. For possible restrictions on the importation of any living plant material or regulations due to CITES in the customer's country, the customer has to address himself to his local authorities before ordering any seeds/plants. All risk of a potential confiscation of any material due to legal interferences is solely upon the buyer.
All material offered from plants of the Washington Convention (CITES), listed in Appendices I - III, descends from cultivated and artificially propagated plants only in order to comply with German, Spanish and international laws. Thus with any order the customer places on Rareplants.eu he will contribute to the protection of populations of several critically endangered plants!
Important regulations for U.S. customers : Download the instructions for the application of a free-of-charge " Small Lots of Seed Permit" by APHIS (U.S. Animal and Plant Health Inspection Service) as PDF-file:
http://Rareplants.eu/shop/uploads/files_versions/Small_Lots_of_Seed_Permit_-_APHIS.pdf
13.) Place of Performance and Jurisdiction
The place of performance and jurisdiction for both parties is located within Spain. Only Spanish law is applicable.
14.) Salvatory Clause
Should any of the above terms and conditions become legally ineffective on account of cancellation, other agreements or for other reasons, the ineffective terms shall be substituted by an acceptable alternative. In case of any difference between the Spanish and the English, German or French version, the Spanish version will always prevail.
As of 18 june 2023.
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