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Microgreens
GENERAL CONDITIONS OF SALE
AGRO INFINITY SRL, owner of the website www.BabylonGarden.com
GENERAL CONDITIONS OF SALE
Thank you for choosing to make the change with us. Just as to grow a plant you must first put the seed in the ground, this order will hopefully be the beginning of a long and beautiful collaboration!
To know how our collaboration will take place, we invite you to read these General Terms and Conditions of Sale ("GTC" or "Conditions").
The GTC constitutes the effective contract concluded between us or an integral part of any concluded contracts unless special provisions are established.
The terms below have the following meanings:
"Seller" - the company AGRO INFINITY SRL, with headquarters in Cluj-Napoca, Str. Liviu Rebreanu no. 2, bl. P19, et. 7, ap. 40, Cluj county, Romania, CUI: RO46331452, no. of registration at the Trade Register J12/3664/2022, having the website www. BabylonGarden.com
Contact methods: Email (answer within maximum 48 working hours): Babel@BabylonGarden.com
"Buyer" - any natural or legal person, Romanian or foreign, who acts directly or through any person regarding whom there is a presumption that he represents the interests of the Buyer and can sign on his behalf, who becomes a contracting party in relations with the Seller and benefits of a service or product offered by the Seller.
"Service" - the activity provided by the Seller, other than the one resulting from products, carried out in order to satisfy some needs of the Buyer.
"Product" - any good that is part of the Seller's offer and that is to be provided to the Buyer following the order sent. If the offer does not indicate otherwise, the product sold by the Seller consists of hydroponic equipment for the growth of germs and micro-plants and/or accessories: growth medium - hemp, seeds, nutrients.
"Order" - electronic document that acts as a form of communication between the Seller and the Buyer, through which the Buyer places a purchase offer and the Seller agrees to deliver the product and collect its price.
"Intellectual property rights" - all intangible rights such as know-how, copyright and other related rights, database rights, design rights, model rights, patents, trademarks and domain name registrations, And so on
"Trademarks" - represent the registered trademarks of the Seller at EUIPO or which are used in compliance with the law.
"Site" - the www.babylongarden.com domain and its subdomains.
"Application" - software installed or a series of software running on a unit with the purpose and result of making possible one or more functionalities, services or tools that are useful and selectable upon request by the user regarding the products or services provided by the Seller.
"Unit" - any equipment that can run the website or any application provided by the Seller, such as laptop, phone, tablet, etc.
Any changes to the General Conditions of Sale will be published on the Site and will apply to the Buyer from the date of their publication.
I. GET TO KNOW OURSELVES
1.1. When initiating a collaboration, the Buyer must present the identification data accompanied, as the case may be, by supporting documents. The Buyer is fully responsible for the correctness, reality and validity of the information and documents made available to the Seller.
1.2. The seller reserves the right to refuse or stop the collaboration, in case of valid reasons, informing the person concerned.
1.3. The Buyer is obliged to notify any changes in the identification data that may affect the relations with the Seller, being directly responsible for not communicating this information.
1.4. The Buyer's transmission of information or materials through the website, application or email to the Seller grants unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information.
II. OFFER AND ACCOMPANYING DOCUMENTS
2.1. The main offer of the Seller consists in the sale of equipment for the cultivation of microplants as well as germs in a passive hydroponic system, intended for human consumption, as well as accessories intended for this process, mainly growing medium composed of hemp and seeds.
2.2. In order to promote its own products and services, the Seller can create presentation materials, catalogs, product lists, published on its own website or sent to the applicant upon request.
2.3. Any document drawn up by the Seller, containing products or services, will be considered informative and may be modified until the order is submitted by the Buyer. Product descriptions can be made generic, but the Seller makes efforts to present the most relevant information of the products sold. Product images are shown as examples and delivered products may differ from the images due to the technical specifications of the images or the unit on which they are viewed.
III. COPYRIGHT AND INTELLECTUAL PROPERTY
3.1. The seller reserves the copyright regarding the images, drawings, representations, figures, and characteristics of the products contained in the site or the communicated documents. They cannot be used by the Buyer or transmitted to other people except with the written consent of the Seller.
3.2. The buyer does not acquire, by using and accessing the site, any right or any license to use any of the information published in this way. In exchange, the Buyer acquires a non-exclusive license to use any application, from the date of its download and under the terms of access and use of the application.
3.3. The Seller owns the intellectual property right over the marketed product and over the brand and by selling the product to the Buyer, the latter does not acquire any ownership right over the design or the brand of the product, being liable for damages caused by any contrary acts or actions.
IV. ACCEPTANCE OF ORDERS
4.1. The initiative of collaboration belongs to the Buyer, by submitting to the Seller an order that will contain the individualization of the ordered products and their quantity or the request for services to be performed by the Seller, following their viewing on the Seller's website or in another way that ensures the study of the offer to the seller.
4.2. Before finalizing the order, the Buyer will have to open the GTC as well as other contractual documents or communications and by ticking/signing them declares that he has read, understood and fully accepts them, in the absence of these agreements the order cannot be completed .
4.3. Orders will be considered accepted only after their confirmation by the Seller, by email or SMS, without requiring a confirmation of receipt from the Buyer. The seller does not at any time consider an unconfirmed order as having the value of a contract. The Buyer accepts and agrees that there is no contract in the absence of confirmation of the order issued by the Seller. The buyer agrees that if the contract price is not actually collected after the order is confirmed, the contract is automatically terminated.
4.4. The date of conclusion of the sales contract is considered the date of transmission, on a durable medium (e-mail or SMS), of the confirmation of the order by the Seller. The contract is concluded for each individual order, with instant execution, taking into account the duration of the rights and guarantees indicated in these GTC.
4.5. After receiving the order, it can be revoked/modified only with the consent of the Seller, the Buyer having to bear all the costs incurred by the Seller with the execution of the order until that moment.
4.6. In case of possible operating errors of the website or the management system, including human errors (incorrectly entering information into the database), as a result of which the price is changed, resulting in a derisory or lower price, not in accordance with the average selling price set by to the Seller for that period, the Seller reserves the right to unilaterally terminate the contract, cancel the delivery of the respective product and notify the customer by phone/email/SMS, in the shortest possible time, about the error that occurred, if the product was not still delivered. The simple written communication of the Seller, sent on a durable medium to the Buyer (e-mail/SMS), stating that the price is derisory or lower than the average price set by the Seller, constitutes full proof to the Buyer of the termination of the contract and cancellation of product delivery. The Buyer expressly accepts and agrees that it will not have the right of opposition or any other claims on the products or services that were the subject of orders that are the result of operating errors, in addition, the Buyer expressly declares that it will not have any claim against the Seller as a result of the termination of the contract for these reasons.
4.7. In case of special events, a pre-order can be launched, which represents an order with a special status for a product to be launched and can be purchased before launch/physical availability in the Seller's stock. The pre-order will be made as a normal order, the only difference being the delivery term which will be determined according to the availability of the product and will be communicated by the Seller to the Buyer at the time of registration of the pre-order as well as after any modification thereof.
V. PRICE AND OBLIGATION TO PAY
5.1. For each product or service, the price is mentioned on the website or in the sales price list or in the product catalog. The Seller may unilaterally change the selling price of the products/services, without prior notice to the Buyer, until the time the Buyer submits the order. The seller may grant discounts, rebates, promotions, etc., according to its commercial policy.
5.2. The displayed price includes the total price of the products and services with all taxes included, with or without transport tax, depending on the size of the order. Also, assembly services are not provided and are not included in the price of the products.
5.3. Any accessories or components in the graphic representations, which are not mentioned in the descriptive text of the item, are not considered to be part of that item, and are not included, as a consequence, in its price.
5.4. The Buyer undertakes to pay the price as shown or presented in the price list, based on the invoice issued by the Seller. The issued invoice will be communicated by email or post/courier together with the product. If the invoice is communicated by post/courier or together with the product, the invoice is considered accepted at the time of receipt of the envelope/parcel by the Buyer, proven by the receipt confirmation, without the need to sign and stamp the invoice.
5.5. Payment for the ordered products can be made according to the payment methods accepted by the Seller and displayed on the website, mainly by bank card or cash on delivery.
5.6. In the case of online payment, after the successful registration of the order, the counter value of the products will be blocked in the Buyer's account, to be collected by the Seller only after the confirmation of the order.
5.7. The seller is not responsible for the policy and commercial conditions granted by the financiers whose financial payment instruments are used to pay for the orders placed.
5.8. If the Buyer opts for online payment by card, then the Buyer's payment obligation is considered fulfilled only when the Seller's account is credited. If errors occur during the online payment process with the card or through a specialized website, after the confirmation of the order by the Seller, likely to lead to the non-execution of the payment obligation by the Buyer, the contract is automatically terminated by virtue of this commission pact, under the terms of art. 1553 of the Civil Code, without delaying the Buyer. In this situation, the Seller will inform the Buyer within 3 working days of the fact that the payment process has not been completed, an aspect that led to the legal termination of the contract and he will not have any obligation to hand over or deliver the ordered products . The Seller is not obliged to investigate the cause of the error, but may offer support to the Buyer within the limits of his availability, capacity and responsibility.
5.9. In the case of online payment by card, the data is processed exclusively by authorized payment processors, the Seller does not store information about the payment card.
VI. PRODUCT DELIVERY
6.1. The Seller will ship the products and services by door-to-door courier system to the Buyer. The estimated delivery time is 24-48 hours for Romania and 2-7 days for abroad, this time being influenced by the organization of the courier company and the delivery destination. The delivery term is considered to have been met on the date of dispatch of the products by the Seller.
6.2. If the package cannot be delivered for any reason, such as the recipient does not respond, the specified address is wrong, the refund price is not paid, etc., the package will be returned to the sender, in which case the Buyer will bear all shipping and other expenses expenses that the Seller had with the delivery.
6.3. Seller is not responsible for delayed shipments, loss, destruction, damage, non-delivery or misdelivery of any shipment or part thereof.
6.4. The packaging of the products is included in the selling price of the products. The products sold will be marked, labeled and stamped according to the law.
6.5. The applications that are accessories to the products or services and are intended to be used under the best conditions, may be downloaded from the website or another directory indicated by the Seller. In order to effectively run these applications, the Buyer will need to own a drive that meets the system requirements communicated by the Seller in any way.
VII. ACCEPTANCE AND TRANSFER OF OWNERSHIP
7.1. Acceptance will be made when the products and services comply with the technical characteristics mentioned in the order.
7.2. Where How the customer discovers that the products delivered or the services provided do not conform to the technical specifications, he has the right to request the conformity of the products and services according to the legislation in force on the territory of Romania on the date of conclusion of the contract.
7.3. The ownership of the products and services will be transferred upon delivery, after the effective collection of the amount due as price by the Buyer.
VIII. ASSUMING RISK AND PRODUCTS LIABILITY
8.1. The Seller bears the risk of accidental loss of the products and is responsible for them until the moment the products are shipped to the Buyer.
8.2. Once the products are handed over, the risk of their accidental loss or damage is transferred to the Buyer or the third party appointed to take over the products. The production of the previously mentioned events, respectively their destruction or damage, does not determine the extinguishment of the payment obligations of the products by the Buyer.
IX. INSTALLATION/MOUNTING OF THE PRODUCT
9.1. The sale of products does not include installation and assembly services for the Buyer. In order to use the product, the Buyer has the obligation to assemble the product according to the technical assembly instructions of the delivered product and to follow the other necessary steps in order to cultivate the plants.
9.2. The buyer is responsible for the correct installation of the product and its operation according to the instructions.
9.3. To ensure a better experience in using the product, the Seller provides a plant cultivation management application, but the use of the product is not conditional on accessing the application.
X. RIGHT OF WITHDRAWAL
10.1. The consumer benefits from a period of 14 calendar days to withdraw from the contract, without having to justify the withdrawal decision.
10.2. The following situations are excluded from the right of withdrawal, without being limited to them:
a) service contracts, after the full performance of the services, if the execution has begun with the prior express consent of the consumer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal after the full execution of the contract by professional;
b) supply of products made according to the specifications presented by the consumer or clearly customized;
c) providing products that are likely to deteriorate or expire quickly;
d) supply of sealed products that cannot be returned for health protection or hygiene reasons and that have been unsealed by the consumer;
e) the supply of products that are, after delivery, according to their nature, inseparably mixed with other elements;
10.3. The withdrawal period expires within 14 calendar days from:
a) the date of conclusion of the contract, in the case of service contracts;
b) the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the products, in the case of sales contracts, or:
(i) if the consumer orders through a single order multiple products that will be delivered separately, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the last product;
(ii) in the case of the delivery of a product that consists of several lots or parts, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the last product or the last part;
(iii) in the case of contracts for the periodic delivery of products for a determined period of time, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the first product;
10.4. The decision to withdraw from the contract can be made in the following ways:
a) an unequivocal statement sent by e-mail/post to the Seller's contact details indicated in these GTC or on the website.
b) submission of the withdrawal form model provided by GEO no. 34/2014 by e-mail/post to the Seller's contact details indicated in these GTC or on the website.
The communication regarding the exercise of the right of withdrawal must be accompanied by pictures of the product, the purchase invoice and be sent by the consumer before the expiry of the 14-day period.
10.5. Unless the Seller has offered to recover the products himself, the consumer returns the products or hands them over to the Seller or a person authorized by the Seller to receive the products, without undue delay and within no more than 14 calendar days from the date on which he communicated to the Seller his decision to withdraw from the contract. The term is respected if the products are tsent back by the consumer before the expiration of the period of 14 calendar days.
10.6. The consumer bears the direct costs related to the return of the products, respectively packaging and the transport fee. Products must be returned in their original packaging, with the invoice attached, showing no signs of physical wear or damage.
10.7. The consumer is responsible for the diminution of the value of the products resulting from their handling, other than what is necessary to determine the nature, characteristics and functioning of the products.
10.8. If the consumer returns a product that shows physical changes, more precisely the product is hit, chipped, scratched, stained, damaged, impregnated with external substances, cracked, torn, and this aspect is not reported as defective aesthetic within the first 48 hours after receiving the product, then the consumer is responsible for the decrease in the value of the product resulting from its handling, which exceeds the limit necessary to establish the nature, characteristics and mode of operation of the good. At the same time, it is considered an action not accepted by the Seller and which leads, as a consequence, to the reduction of the value of the product and the unsealing of its consumable accessories.
10.9. Used products, which show physical and unnoticeable changes as well as aesthetic defects within the first 48 hours after receiving the product, are accepted for return, but the seller will deduct from the value of the products a compliance fee to reduce their value. The compliance fee is represented by the costs of sanitation, beautification, repair, replacement of any damaged parts and bringing the product to a commercial form. If the returned product cannot be refurbished due to wear/major physical changes, then the value of the compliance fee will be considered equal to the value of the returned product. The compliance fee will be communicated to the consumer as soon as it is determined by the Seller.
10.10. The seller reimburses the sums he received as payment from the consumer within 14 calendar days from the date on which he is informed of the consumer's decision to withdraw from the contract, being able to postpone the reimbursement until the date of receipt of the products that were the subject of the sale or until the moment of receipt of proof from the consumer that he has sent the products to the Seller, taking into account the closest date.
10.11. The seller will use the same payment methods as those used by the consumer for the initial transaction, unless the consumer has agreed to another payment method and provided that the consumer does not have to pay commissions following the refund. The Seller will not refund the additional costs if the consumer has explicitly chosen a different type of delivery than the standard delivery offered by the Seller.
10.12. The right of withdrawal within 14 calendar days of receiving the product is applicable only to consumers who are natural persons, according to the legal provisions. The legal person, as the Buyer, does not have the possibility to withdraw from a concluded contract, however, the products purchased by a legal person can be returned within 48 hours of receiving them, only if they have defects of manufacture or if they are defective. The Seller does not assume any responsibility for the handling, transport, assembly performed by the Buyer, nor does it accept the return of products that have defects resulting from these causes.
XI. DECLARATIONS OF CONFORMITY
11.1. The seller guarantees that the products sold and the services provided correspond to the specifications and quality standards in the field. The products are new, in the original packaging and come from sources authorized by each individual manufacturer.
11.2. In the case of plastic products, the Seller guarantees that the plastic is Non-BPA, UV resistant, does not discolor during the warranty period and does not contaminate the seeds. It also guarantees that all compliance and safety regulations regarding food products and packaging are followed so that they:
- does not endanger people's health;
- they do not produce any unacceptable change in the composition of food products; or
- they do not alter their organoleptic characteristics.
11.3. Considering the legal provisions and the fact that plastic or cardboard waste can contain dangerous substances that can have a negative impact on the environment and human health, the Buyer must bear in mind that he has the obligation not to dispose of this waste as municipal waste unsorted and to collect them separately. The collection of this waste will be done through the centers collection organized by authorized economic operators for waste collection.
XII. GUARANTEES
12.1. All products sold by the Seller benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers.
12.2. The period of legal conformity guarantee granted to the products is 2 years from the date of delivery to the consumer. In the case of legal entities, the commercial guarantee period is 1 year from the date of delivery.
12.3. In the case of seeds, the validity period is the one mentioned on the packaging or any document accompanying these products.
12.4. Proof of the guarantee is made with the purchase invoice of the product, which must be attached to the complaint submitted.
12.5. The products have been tested and approved according to the requirements of the European Directives. In order for the use of these products to be carried out under optimal conditions, use and maintenance in accordance with the related instructions for use are necessary.
12.6. Situations exempted from the application of the guarantee
· fulfilling the purposes and qualities of the product, declared or displayed by the Seller, even if they do not fully correspond to the requirements or expectations of the Buyer
· using the product without following the instructions for use
· normal wear and tear of the product;
· rusting of metal parts, if the instructions are not followed
· the use of other accessories or seeds than those provided or authorized by the Seller
· deficiencies caused by careless use or accidents – e.g. scratches, breaks, chips, superficial cracks, burns, bends, clogging of tubes, etc.
· deficiencies caused by improper use and contrary to the purpose of the product
· mold, midges and fleas that can appear in the ecosystem, by not following the cleaning recommendations in the instructions for use.
12.7. The guarantee does not give the right to compensation, other than the value of the product itself.
12.8. The guarantee is valid only after registration on the Seller's website.
12.9. In the case of non-compliance but also in the case of the commercial guarantee, the Buyer has the right to benefit from bringing the goods into compliance, to benefit from a proportional price reduction or to obtain the termination of the contract under the conditions provided by GEO no. 140/2021. The repair or replacement of the goods will be carried out without cost, within a reasonable period that cannot exceed 15 calendar days from the moment when the seller was informed by the Buyer about the non-conformity, taking into account the nature and complexity of the goods, the nature and the severity of the non-conformity and the effort required to complete the repair or replacement. The consumer does not have the right to terminate the contract if the non-compliance is minor.
12.10. Complaints regarding a product under warranty are sent to the Seller's contact details, accompanied by the purchase invoice and pictures of the complained problem, and are resolved as follows:
- The product considered defective will be handed over or sent to the Seller together with the notification of the defect and a copy of the purchase invoice. If the product is sent by courier, the costs will be borne by the Buyer.
- The seller will proceed, through his own staff, to ascertain the existence of a defect due to manufacturing defects in the claimed product.
- If, following the examination, the existence of such a defect is confirmed, the Seller will proceed to remedy or replace the product, depending on the situation, as well as refund the transport costs.
- If the existence of a manufacturing defect is denied or it is found that the product has been damaged due to the Buyer or other causes, its takeover will be refused. Defects occurring during the warranty period due to the fault of the Buyer will be repaired at the latter's expense.
12.11. Until the complaint is resolved, the Buyer is not exempted from paying the price of the purchased products.
XIII. PRIVACY STATEMENTS
13.1. The Seller and the Buyer undertake to maintain the confidentiality of the documents and any confidential information they become aware of from the contractual relationship between them. Exempt from this obligation are public information or documents or on which the parties agree that they can be presented to third parties
13.2. The category of confidential information includes but is not limited to development plans, financial terms, business plans, identity of partners, business records, customer lists, project records, market reports, employee records, manuals, policies and procedures business management, information related to factory procedures, technologies or plans of the products and any other information that may be disclosed by one party to the other party or to which one party may be given access by the other party based on the contractual relationship between them
13.3. The obligations of confidentiality listed according to this chapter are unlimited in time.
13.4. If the parties do not provide otherwise, the violation of the obligations of this chapter involves the reparation of the damage caused to the other party by awarding damages proportional to the value of the damage caused.
XIV. PROTECTION OF PERSONAL DATA
14.1. The parties undertake to comply with the requirements regarding the protection of personal data, pursuant to Regulation no. 679/2016 and other applicable laws in the European Union.
14.2. The seller processes personal data in order to execute the contract, such as name and surname, citizenship, address (domicile/residence), e-mail, personal numerical code and the series and number of the identity document, telephone/fax, bank account , signature, as appropriate.
14.3. The categories of recipients of personal data are the persons responsible for carrying out contracts within the Seller, state authorities, other companies in the group, contractual partners (e.g. accountant, courier, etc.). The data may be transferred abroad in order to execute the contract, in the case of orders from abroad.
14.4. The period for which personal data will be stored is for the duration of the contract and an additional 2 years.
14.5. The data subject will be able to exercise any of the following rights:
• the right of access to one's own personal data;
• the right to request rectification or updating when the data is inaccurate or incomplete;
• the right to request data deletion in certain circumstances (e.g. when the personal data is no longer necessary in relation to the purposes mentioned above);
• the right to request the restriction of processing in certain circumstances (e.g. when the accuracy of the data is contested – for the period of verification of the accuracy of that data);
• the right regarding the automated individual decision-making process, including the creation of profiles;
• the right to file a data protection complaint;
• the right to oppose the processing;
• the right to be notified by the operator;
• the right to withdraw consent, in accordance with the law.
XV. FORCE MAJEURE AND FORTUNE
15.1. Force majeure or unforeseeable circumstances exempt the party invoking it from liability for non-fulfillment of obligations, but only to the extent and for the period in which this fulfillment is prevented or delayed by the force majeure situation, with the requirement of notifying the contractual partner within 3 days from occurrence of this situation.
15.2. The termination of the situation must be notified immediately to the contractual partner and the necessary measures taken to fulfill the obligations in the best conditions.
XVI. COMPLAINT RESOLUTION PROCEDURE
16.1. Any dissatisfaction related to accessing, using, registering on the website, making an order, aspects related to the order made, and others, will be communicated directly to us at the contact details indicated on the website or in these GTC.
16.2. The complaint will be registered and a written response will be formulated, which will be sent to the indicated address within no more than 5 working days.
16.3. The buyer declares that he agrees not to publicize these grievances (on social networks, the media, discussions at private parties or in any other way) subject to bearing the damages caused for the image damage brought to the company by these actions.
XVII. APPLICABLE LAW. disputes