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Terms of Service

Last Updated: December 2024

1. Acceptance of Terms

By accessing and using The Magic Seeds website (themagicseeds.com) and purchasing our products, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

2. Eligibility Requirements

To purchase hemp seeds from The Magic Seeds, you must:

  • Be at least 18 years of age or the legal age of majority in your jurisdiction
  • Have the legal authority to enter into binding contracts
  • Comply with all applicable federal, state, and local laws regarding hemp cultivation
  • Possess any required licenses or permits for hemp cultivation in your jurisdiction

3. Product Description and Use

Our Cherry Wine hemp seeds are sold exclusively for legal agricultural purposes. These seeds are federally compliant as required by the 2018 Farm Bill. Seeds are intended for cultivation by licensed hemp growers.

4. Pricing and Payment

All prices are listed in US dollars. Our current pricing is $350 per pound, which is a flat rate. We accept credit cards, ACH transfers, Zelle, wire transfers, and cryptocurrency. Payment is required before shipment of any order.

ALL SALES ARE FINAL. NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCES. By completing a purchase, you acknowledge and agree that you are making a final, non-refundable transaction. This policy is clearly stated at the time of purchase and is a condition of sale.

5. Credit Card Authorization Requirement

All orders placed using a credit card require completion of a Credit Card Authorization Form before the order will be processed or shipped.

By placing an order with a credit card, you agree to:

  • Complete and sign a Credit Card Authorization Form provided by The Magic Seeds
  • Provide a copy of a valid government-issued photo ID matching the cardholder name
  • Provide a photo of the credit card used (front only, last 4 digits visible)
  • Acknowledge that the transaction is authorized by the cardholder
  • Acknowledge that all sales are final with no refunds
  • Acknowledge that filing a chargeback after receiving goods as described constitutes fraud

Orders will not be released until the completed authorization form and required documentation are received and verified. This protects both the buyer and seller from fraudulent transactions.

6. Feminized Seed Guarantee

Our seeds are feminized with an approximately 95% female ratio. No supplier can honestly guarantee 100% feminization rates in large-scale seed production. We are transparent about industry realities while maintaining high quality standards.

7. Germination Expectations

Our seeds consistently achieve high germination rates as documented in our official testing reports. Actual germination rates may vary based on growing conditions, soil quality, climate, and cultivation practices. We provide growing guidance but cannot guarantee specific results.

8. Shipping and Delivery

We ship orders via USPS Priority Mail with tracking provided for all orders. Domestic orders typically arrive within 3-5 business days. International shipping is available to most countries. Shipping times may vary based on destination and customs processing.

9. Order Cancellation

Orders may be cancelled before shipment by contacting us directly. Once an order has shipped, it cannot be cancelled. Please contact us at (720) 421-6790 for any order modifications.

10. No Returns - All Sales Final

ALL SALES ARE FINAL. THERE ARE NO RETURNS AND NO CASH REFUNDS UNDER ANY CIRCUMSTANCES.

By placing an order, you expressly acknowledge and agree that:

  • All purchases are final and non-refundable
  • No returns of product will be accepted for any reason
  • No cash refunds, credit card refunds, or store credits will be issued
  • You have read and understood this no-refund policy before completing your purchase

This policy is a material term of your purchase agreement. Completion of an order constitutes your binding acceptance of these terms.

11. Replacement Policy

While all sales are final with no refunds, The Magic Seeds offers a replacement seed policy under the following limited circumstances:

  • Non-Delivery: If USPS tracking confirms that your order was never delivered to the shipping address provided, we will ship replacement seeds at no additional cost. Tracking documentation must clearly show non-delivery status.
  • Germination Rate Below Advertised: If you experience germination rates significantly below our advertised rates, you may be eligible for replacement seeds. You must provide documented evidence of proper germination testing methods and results within 30 days of delivery.
  • Female Ratio Below Advertised: If you experience female plant ratios significantly below our advertised approximately 95% rate, you may be eligible for replacement seeds. You must provide documented evidence including plant counts and photos within the growing season.

Replacement eligibility is determined solely by The Magic Seeds based on evidence provided. Replacement seeds are the exclusive remedy available. No cash refunds, partial refunds, or credits will be issued under any circumstances.

12. Chargeback and Dispute Policy

Filing a chargeback or payment dispute after receiving products as described constitutes fraud and breach of this agreement.

By making a purchase, you agree that:

  • You will not file a chargeback or payment dispute if you have received the products as described
  • You understand that all sales are final as clearly stated at time of purchase
  • You have completed the required Credit Card Authorization Form (for credit card orders) confirming your understanding
  • In the event of a dispute, The Magic Seeds will provide all documentation including signed authorization forms, tracking information, and delivery confirmation to the payment processor
  • You may be held liable for all costs incurred in defending fraudulent chargebacks, including legal fees

We maintain comprehensive records of all transactions, authorizations, and communications. If you have a concern about your order, please contact us directly to resolve the matter before initiating any dispute with your payment provider.

13. Intellectual Property

All content on this website, including text, images, logos, and graphics, is the property of The Magic Seeds and is protected by copyright and trademark laws. Unauthorized use, reproduction, or distribution is prohibited.

14. User Conduct

Users agree not to:

  • Use the website for any unlawful purpose
  • Attempt to gain unauthorized access to our systems
  • Transmit any viruses or malicious code
  • Collect or harvest user information without consent
  • Interfere with the proper functioning of the website

15. Disclaimer of Warranties

Our products are sold "as is" without warranties of any kind, either express or implied. We do not warrant that our seeds will achieve specific yields, compliance levels, or germination rates under all conditions.

16. Limitation of Liability

The Magic Seeds shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our products or services. Our total liability shall not exceed the amount paid for your order.

17. Compliance with Laws

Buyers are solely responsible for ensuring compliance with all applicable federal, state, and local laws regarding hemp cultivation. The Magic Seeds is not responsible for any legal issues arising from improper use or cultivation of our seeds.

18. State Registration

Our seeds are registered with the Colorado Department of Agriculture. Buyers in other states must verify that our seed varieties are approved for cultivation in their jurisdiction.

19. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of any third-party sites.

20. Indemnification

You agree to indemnify and hold harmless The Magic Seeds, its owners, employees, and affiliates from any claims, damages, or expenses arising from your use of our products or violation of these terms.

21. Force Majeure

We shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including natural disasters, acts of government, or supply chain disruptions.

22. Privacy

Your use of our website is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

23. Communications

By providing your contact information, you consent to receive communications from us regarding your orders, promotions, and updates. You may opt out of marketing communications at any time.

24. Dispute Resolution

Any disputes arising from these terms or your use of our services shall be resolved through binding arbitration in the State of Colorado, in accordance with the rules of the American Arbitration Association.

25. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

26. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

27. Entire Agreement

These Terms of Service, together with our Privacy Policy and any Credit Card Authorization Forms signed by you, constitute the entire agreement between you and The Magic Seeds regarding your use of our website and services.

28. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the new terms.

29. Contact Information

For questions about these Terms of Service, please contact us:

  • Phone: (720) 421-6790
  • Hours: Monday - Friday, 1pm - 8pm CST
  • Website: themagicseeds.com

30. Acknowledgment

By using The Magic Seeds website or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including but not limited to the all-sales-final policy, no-refund policy, replacement-only remedy for qualifying issues, and credit card authorization requirements.