GENERAL TERMS AND CONDITIONS FOR WEBSITE

The following General Terms and Conditions (hereinafter the “Conditions”) govern all use of the www.premifarm.com website and all content, services and products available at or through the website www.premifarm.com. The website is operated by We Farm Green OÜ Piloodi tee 4, Soodevahe küla, Harju County, Estonia, registered no.16445922 (hereinafter and throughout the website referred to as “WFG”, “we”, “our” or “us”). WFG provides the products and services described herein to you (hereinafter the Customer) on the following Terms and Conditions (hereinafter the Conditions). When the Customer purchases any product or service from the Seller by any means, they confirm they have carefully read and agreed to follow these Conditions.

The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, www.premifarm.com’s Privacy Policy) and procedures that may be published from time to time on this site by WFG (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use all the services. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms. The WFG online shop and the Premifarm Smart Solution Application (“Premifarm App” or “App”), are exclusively aimed at Customers who are at least 18 years of age.

The Customer may not use any of the Seller’s products for any illegal or unauthorized purpose nor may violate any laws in their jurisdiction. 

WFG’s Privacy Policy also governs the Customer’s use of the Premifarm App and explains how WFG collects, safeguards and disclose information that results from the Customer’s use of WFG’s web pages. Please read it here [https://premifarm.com/privacy-policy/].

By visiting our website and/or purchasing our products and services from us by any means you agree to be bound by the following Conditions. These Conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

We reserve the right to make changes or modifications to these Conditions from time to time and any modifications shall be effective immediately upon posting on our website. It is your responsibility to check periodically for changes on the website www.premifarm.com/terms-and-conditions. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

USER CONTENT LICENSE

Without limiting any of its representations or warranties, we reserve the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in our reasonable opinion, violates any our policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in our sole discretion.

1. SCOPE AND DEFINITIONS

Under the business relationship between the Seller and the Customer as well as website visitors, users and the user of the Premifarm App the following Conditions in the version as valid at the time of the purchase order apply exclusively. Different terms and conditions of the ordering party shall not be recognized, unless the Seller explicitly agrees to them in writing. These Conditions form part of any quotation, offer or contract to which they are attached, and any products and services to be supplied, or supplied, by the Seller will be or are supplied subject to these Conditions.

1) Agreement means the contract for the purchase and sale of the products and services under these Conditions including any special terms and conditions agreed in writing between the Customer and the Seller.

2) Consumables mean growing mats, growing pots, plant seeds and nutrient solutions, cleaning/maintenance agents and etc. Each delivery of the Premifarm appliance contains nutrient solutions for at least one month if used in accordance with relevant manuals, instruction and or any other documentations provided by the Seller.

3) Customer or User means a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, a customer is an entrepreneur if he is a natural or legal person or partnership possessing legal personality acting in performance of his commercial or independent professional activity when concluding the Agreement. 

4) Order means an electronic purchase order issued by the Customer or any other written notice or a separate written agreement between the Customer and the Seller.

5) Premifarm App means Premifarm Smart Solution Application for the Android and iOS mobile device. If the Customer chooses to purchase Premifarm appliance, for its optimal use, the Premifarm App shall be installed and downloaded. The Seller will not collect, process or store any data during the set-up of the Premifarm App, unless the Customer chooses to contact the Customer Support or the Seller via the Premifarm App. After setting up the Premifarm App the Customers can adjust water temperature, water level, pH-level and DTS. Depending on the Premifarm appliance model the Customer can turn on/off levels and choose from different growing presets available in the App. Premifarm App will require updates for the Premifarm appliance to operate and fully function. The Seller can provide agronomic support to the App users. The Customer may contact the Customer Support via Premifarm App or via email: info@premifarm.com The Customer must immediately notify the Seller of any unauthorized uses of their Premifarm App or any other breaches of security. The Seller will not be liable for any acts or omissions by the Customer, including any damages of any kind incurred as a result of such acts or omissions.

6) Premifarm means Premifarm electrical appliance and corresponding Consumables. The Premifarm appliance is suitable for growing herbs, leafy greens, and microgreens, and is intended for use in a domestic or similar indoor setting and shall be installed, used and maintained in accordance with relevant manuals, instruction and or any other documentations provided by the Seller. Premifarm must only be used in combination with Consumables, nutrient solutions and cleaning agents either made available or expressly recommended by the Seller. The appliance requires adding water manually, checking level of nutrients, regular cleaning and maintenance as indicated in the User manual such as general cleaning of the device, changing the water in the water tank, and other care to prevent any other parts of the appliance from not working properly. 

7) Product means any products and services specified on the WFG website or in the Seller’s quotation, offer or contract or any other written agreement including any part of the specified services. 

8) Website means WFG website http://www.premifarm.com, including the WFG online shop, and connected offerings from the Seller. 

2. APPLICATION OF CONDITONS

The Seller shall sell, and the Customer shall purchase the Product(s) in accordance with any quotation, offer or any other written agreement of the Seller which is accepted by the Customer, or any purchase order of the Customer which is accepted by the Seller. 

These Conditions shall govern the Agreement to the exclusion of any other terms and conditions subject to which any such quotation, offer is accepted or purported to be accepted, or any such purchase order is made or purported to be made by the Customer.

Sales information, price lists and other documents issued by the Seller in relation to the Product(s) are subject to alteration without notice and do not constitute offers to sell the Product which are subject to acceptance. An offer accepted by the Customer constitutes a purchase order placed by the Customer. No Agreement for the sale of the Product(s) shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the Product or has accepted a purchased order placed by the Customer.

The Seller reserves the right to make alterations to its quotation, offer at any time before its acceptance by the Customer. Any typographical, clerical or other accidental errors or omissions in any sales documents, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

No variation to these Conditions shall be binding unless agreed in writing between the Customer and the Seller.

3. ACCEPTANCE

  1. The Seller reserves the right to refuse to accept an Order to anyone for any reason at any time. The Seller reserves the right in Seller’s sole discretion, limit or cancel quantities purchased per Order.
  2. No Orders placed by the Customer shall be deemed accepted unless or until Seller confirms the Order in writing. No variation to these Conditions shall be binding unless agreed in writing between the Customer and the Seller.
  3. The Seller’s confirmation documents that the Customer’s Order has been received by the Seller and at the same time constitutes acceptance of the request, unless the confirmation states otherwise. The Customer will receive Order information, pre-payment terms and conditions, plus estimates of any applicable taxes, duties, transport information and delivery charges any other applicable fees and other documents issued by the Seller in relation to the Product. 
  4. The Seller considers the Customer to accept these Conditions by submitting an Order with an obligation to pay for the pre-payment. The Customer enters into the Agreement by making a pre-payment payment. The Seller shall not process Order that have not been paid the pre-payment.
  5. Sales of Product(s) referenced in Customer’s Order or other separate written agreement between the Seller and the Customer and/or any additional or different terms specified or referenced in Customer’s Order are hereby excluded and shall not be deemed effective or binding unless expressly agreed to in writing by the Seller. 
  6. Any amendment, change order, revision, or cancellation to an already-accepted Order shall be subject to acceptance by the Seller. 
  7. Any typographical, clerical or other accidental errors or omissions in any sales documents, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

4. CONCLUSION OF AGREEMENT FOR ONLINE STORE PURCHASE

  1. The Customer can select from the range of the Seller’s Product(s) available for purchase on the Website, in particular Premifarm electrical appliance and corresponding Consumables (e.g., growing mats, growing pots, plant seeds and nutrient solution, cleaning/maintenance agents etc.) and can add them to the online shop shopping cart. Via the “Purchase” button, the Customer fills in the Order and by clicking on the button “Checkout” the Customer makes a binding request to purchase the Product(s) in the shopping cart, to which the Customer is bound for 14 days in the absence of an alternative provision (acceptance period). Before submitting the Order with obligation to pay the pre-payment, the Customer may change and view the data of their Order at any time. 
  2. By submitting the Order with an obligation to pay for the pre-payment, the Customer agrees to these Conditions and with the Privacy Policy. The Customer enters into the Agreement by paying for the pre-payment. The Seller shall then send the Customer a confirmation of receipt by e-mail, in which the Customer’s Order is listed again indicating the pre-payment terms and conditions, purchase price of the Product(s), plus estimates of any applicable taxes, duties, transport and delivery charges, and any other applicable fees. The Seller will apply the pre-payment towards the Order payment. The confirmation of receipt merely documents that the Customer’s Order has been received by the Seller, unless the confirmation states otherwise. 
  3. A second e-mail will be sent to the Customer to confirm the shipping of the Order

5. PRICE AND PAYMENT

  1. The price of the Product(s) shall be the price listed in the quotation, offer or proposal current at the date of acceptance of the Customer’s Order or such other price as may be agreed in writing by the Seller and the Customer or as specified on WFG’s website and during the ordering process excluding the applicable amount of value added tax (VAT).
  2. The Seller reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Product to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture). If the new price is not acceptable to the Customer, the Customer shall be entitled to withdraw from the Agreement by submitting a written notice to the Seller with regard to the Product concerned; in this case the Seller will immediately reimburse any payment already made without delay.
  3. When Orders are placed through the WFG website, the Seller does not create a permanent account for the Customer, the Customer stores only following data prior to their Order: full name, email address and delivery details. The Customer can make payments online using methods shown in the order process. The payments on the WFG online shop shall be made via one of the payment systems such as Stripe or PayPal.
  4. All payments shall be made to the Seller as indicated on the form of acceptance or purchase invoice issued by the Seller.
  5. In the event the Customer fails to make payments by the due date as indicated on the invoice issued by the Seller other than pre-payment, the Customer shall pay the Seller interest of 5% (five percent).
  6. The pre-payment shall be due for payment in accordance with the terms and conditions of the invoice issued by the Seller. 
  7. In the event the Seller has not received the pre-payment from the Customer by the payment date, the Seller is entitled to withdraw from this Agreement.
  8. The Seller shall apply the pre-payment towards the purchase price payment. 
  9. Until full payment of the respective purchase price due, the Product(s) ordered by the Customer remain the property of the Seller.
  10. The Customer agrees to provide current, complete, and accurate purchase information for all purchases made with the Seller. From time-to-time the Seller may ask the Customer to provide information so that the WFG team can perform its obligations under these Conditions. The Seller will maintain their Customer’s personal information in accordance with its Privacy Policy.

6. PACKAGING, SHIPPING

  1. The Seller shall pack all Product(s) in accordance with its standard commercial practices. The Seller shall be entitled to determine the type of shipment (in particular transport company, shipping route, packaging) itself unless otherwise agreed upon the ordering process.
  2. If the Customer has any special shipping or handling requirements, the Customer shall notify the Seller in a timely manner regarding any such special requirements.
  3. The corresponding shipping costs shall be indicated to the Customer in the Order process unless the shipping costs have been separately agreed in writing between the Customer and the Seller.
  4. In the event of a cancellation, the Customer must return all Product(s) to the Seller and, if necessary, shall bear the direct costs of the return

7. DELIVERY, GOODS AVAILABILITY

  1. Delivery of the Product(s) is performed to the address indicated by the Customer in the ordering process. The Seller will inform the Customer about the delivery deadline. Delivery times specified by the Seller are calculated on the basis of the time when the Seller has successfully received the pre-payment from the Customer. If no (other) delivery time is specified for the particular Product between the Customer and the Seller or in these Conditions, the delivery time is 90 days.
  2. If a binding delivery deadline cannot be met for reasons for which the Seller is not responsible (e.g., due to lack of supply and/or in the event of Force Majeure), the Seller shall inform the Customer immediately, designating the new expected delivery time where appropriate. If the new delivery deadline is not acceptable to the Customer or the Product is not available within the new delivery deadline or at all, both contracting parties shall be entitled to withdraw from the Agreement with regard to the Product concerned; in this case the Customer and the Seller will immediately reimburse any payment already made or return any part of the Product already delivered without delay.
  3. The Customer must inspect the Product(s) for damage immediately, but at the latest within one day of delivery.
  4. In the event of a cancellation, the Customer must return all Product(s) to the Seller in accordance with the Return and Cancellation Policy Section in this Agreement and, if necessary, shall bear the direct costs of the return.
  5. Extra shipping costs or other applicable taxes or duties, for countries outside of the EU may apply.

8. MATERIAL DEFECT WARRANTY 

  1. The Seller stands by the good quality of all the Products available for purchase, however the Seller does not guarantee or warrant that the use of Premifarm appliances, or any other products and services including the Premifarm App will be uninterrupted, timely, secure or error-free.
  2. For the good functioning of the Premifarm appliance, the Customer should purchase Consumables only made available by the Seller or expressly recommended by the Seller or from approved distributors. Any other products used outside of this scope might critically damage the Premifarm. The Seller cannot be held responsible for any liabilities or compensations in that case.
  3. All Premifarm appliances are warranted against manufacturing defects. In respect of entrepreneur, the warranty period for Product(s) supplied by WFG is 12 months. WFG grants a 24-month warranty to Customers who are consumers (not a legal person). Consumables such as, growing mats, plant pots, plant seeds, nutrient solutions, cleaning/maintenance agents are not covered by this warranty. The warranty period begins with the delivery of the Premifarm to the Customer from the date which the Customer took possession of the Product(s).
  4. In order to exercise the rights arising from this warranty, the Customer submits a written notice to the Seller, provides a proof of purchase (order number or email confirming purchase). If the data provided by the Customer are not true, the Seller has no obligation to provide the warranty service. Claims must be submitted to the Seller as soon as the defect of the Premifarm appliance, its components or software is acknowledged by the Customer. Any use of the defected appliance without the Seller’s consent results in the warranty being waved. The way of compensation (repair, replacement) to the warranty claim is at the Seller’s own discretion. 
  5. The Seller reserves the right to replace or repair the defective Product(s) or its component(s) with a free-of-defects item or component(s) equivalent thereof, provided that such equivalent ensures efficiency and functionality equal to the original Product or component. The replaced defective Product(s) or component(s) shall become the property of the Seller. The repaired and replaced or exchanged part of the appliance will become Customer’s property and will continue to be under warranty for the warranty period.
  6. Premifarm operation requires updates to the software and/or updates to the Premifarm App, the Seller shall provide the Customer with these updates. The Customer will be informed about updates beforehand.
  7. The Seller shall not be held responsible for any failure in performance of the obligations as stipulated in this Section, whenever such failure is caused by a Force Majeure afflicting the Seller. Force Majeure means any event or circumstance beyond reasonable control of the Seller which prevents from performing the obligations stipulated in this Section, or results in the performance of the warranty services that is inconsistent with the conditions stated herein, and which could not have been foreseen by the Seller acting with the professional accuracy at the moment of assuming obligations under this Section.
  8. The Seller undertakes to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
  9. In the event the Customer experiences defects or errors in the functioning of the Product after the expiry of the warranty period, the Customer may contact the Customer Support team via email: info@premifarm.com; if necessary, replacement of any parts of the Product will be performed for additional costs including other relevant costs and fees.

9. LIABILITY LIMITATION 

THE CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULITING FROM THEIR USE OF THE WFG SERVICES AND PREMIFARM APPLICATION. IN NO EVENT WILL WFG OR THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE CUSTOMER`S USE, OR INABILITY TO USE WFG`s SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF INFORMATION OR DATA, OR COSTS OF REPLACEMENT GOODS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF AGREEMENT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The Customer agrees to defend, indemnify and hold the WFG harmless, including their subsidiaries, affiliates and their respective officers, agents, partners and employees form and against any loss, damage, liability, claim or demand, including reasonable attorney’s fees and expenses, made by any third party, arising out of: (i) Customer’s Contributions; (ii) Customer’s use of the WFG services and Premifarm Application; (iii) Customer’s breach of these Terms and Conditions; (iv) any breach of the Customer’s representations and warranties set out in these Terms and Conditions; (v) Customer’s violation of any rights of a third party, including intellectual property rights, or any overt harmful act toward any other user on WFG services and Premifarm Application. Notwithstanding the foregoing, WFG reserves the right, at Customer’s expense, to assume the exclusive defense and control of any matter for which the Customer is required to indemnify WFG, and the Customer agrees to cooperate, at their expense, with WFG’s defense of such claims. WFG will use reasonable efforts to notify the Customer of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

10. CANCELLATION AND REFUND POLICY 

 

  1. Upon conclusion of a distance-selling transaction, Costumer always have a legal right of cancellation, information on which is provided below by the Seller, unless the Consumer is a legal person. If the Customer is an entrepreneur, a legal person then the right of cancellation does not apply.
  2. The Customer has the right to cancel this Agreement within 14 days without specifying any reasons for doing so. The cancellation period is 14 days from the date which the Customer took possession of the Product.
  3. In order to exercise the right of cancellation, the Customer must inform the Seller via email: info@premifarm.com of their decision to cancel this Agreement by means of a clear statement. To comply with the cancellation period, it is sufficient if the Customer sends the notification about exercising the right to cancel before the expiry of the cancellation period. After the Seller reviews the cancellation statement, instructions for returning the Product(s) will be sent to the Customer. The Customer shall return the Product(s) in accordance with the instructions sent by the Seller.
  4. The Seller offers 14 days, no questions asked money-back guarantee. If the Customer is not completely satisfied with the Product, the Customer may return it to the Seller for a refund or replacement providing the following criteria are met:  
  1. The Product was received from the Seller within the last 14 days; 
  2. The Customer provides a proof of purchase (order number or email confirming purchase);
  3. If purchased through a reseller, retail partner, or through other means of distant selling, the Customer must provide a copy of your original receipt;
  4. The Product(s) are unused, in the original packaging and in the same condition they were received in;
  5. The Customer will cover the cost of return shipping fees, unless otherwise agreed.
  1. If the Customer decides to cancel this Agreement, when the Products have not been received by the Customer, the Customer must provide proof of purchase (order number or email confirming purchase) including proof of such return of the Product (proof of shipment). The Seller must repay to the Customer, without delay, and no later than within 14 days of the date on which the Seller received the notification of Customer’s cancellation of this Agreement, all payments which the Seller has received from the Customer. For this payment the Seller shall use the same means of payment that the Customer used in the original transaction, unless expressly agreed otherwise; under no circumstances will the Customer be charged any fees for this repayment.
  2. All Premifarm appliances come with a warranty. To be eligible for a warranty replacement, the following criteria must be met:
  1. In respect of entrepreneur, the Product(s) were purchased within the last 12 months. In respect of the consumer, the Product(s) were purchased within the last 24 months; 
  2. The Customer has proof of purchase (order number or email confirming purchase). 
  3. If purchased through a reseller, retail partner, or through other means of distant selling, the Customer must provide a copy of their original receipt.
  1. If the Customer decides to cancel this Agreement, the Seller must refund to the Customer all payments which the Seller has received from the Customer, excluding the delivery costs (with the exception of the additional costs arising from the fact that the Customer chose a delivery method other than the standard delivery method which the Seller offers), no later than 14 days of the day on which the Seller receive the notification about the Customer’s decision to cancel this Agreement. For this refund, the Seller shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; under no circumstances will the Customer be charged any fees on account of this refund. The Customer will pay for the direct costs of returning the Product, unless otherwise agreed.
  2. The following applies in respect of all Product(s) sold to the Customer: The Seller may refuse to make the refund until the Seller has received the Product(s) back or until the Customer has provided a proof of shipment that they have sent the Product back to the Seller, depending on which comes first. The Customer must send back or hand over Product(s) to the Seller immediately and in any event within no more than 14 days from the day on which they notified the Seller about the cancellation of this Agreement. This cancellation deadline shall be met if the Customer sends the Product before the deadline period of 14 days expires. The Customer will pay for the direct costs of returning the Product, unless otherwise agreed.
  3. The Customer only has to pay for any loss in value of the Product(s) if this loss in value is due to handling thereof not needed for examining the nature, characteristics and functionality of the Product(s).

11. FINAL PROVISIONS 

  1. Agreements between the Seller and its Customers are governed by the law of Republic of Estonia. The statutory regulations limiting the choice of law and the applicability of mandatory regulations in particular of the country in which the Customer is usually domiciled as a consumer remain unaffected.
  2. If the Customer is an entrepreneur, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relations between the Customer and the Seller shall be the registered office of the Seller.
  3. Even in the case of legal ineffectiveness of individual points, the Agreement shall remain binding in its remaining parts. Where available, the statutory regulations shall replace the ineffective points. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, the Agreement shall, however, become ineffective as a whole.