Terms and conditions
Please read these terms and conditions carefully before using www.Agritz.com or www.Agritzfresh.com. This website is operated and managed by Agritz.com, www.Agritzfresh.com. In the whole extent of this website, every point the terms “we”, “us” or “our” is used, it refers to Agritz.com, www.Agritzfresh.com.
CHANGES TO TERMS
We are committed to ensuring that our online store is as useful and efficient as possible. For that reason, we reserve the right to make changes to the services, at any time. We will never charge you for any service without making it very clear to you precisely what you’re paying for.
Any new features or product(s) which are added to the current store shall also be subject to this Terms and condition. You can always review the most current version of the Terms and condition at any time on this page. We reserve the right to update, change or retrieve any part of these Terms and condition by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
AGE OF CONSENT
www.Agritzfresh.com restricts and expressly forbids any person or company not authorized by us, from soliciting any www.Agritz.com user for purposes of representing them in the sale of any products or assets listed on the site. Hence, users hereby agree not to:
Cancelling or termination of a purchase order or auction dubiously or illegally or for such dubious, undue or unlawful reasons will result in the restriction to user’s account and full deduction/non-refunding of such fees required for the purchase of the product.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Agritz.com, www.Agritzfresh.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Agritz.com, www.Agritzfresh.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
PLACING AN ORDER
When you place an order through the Website, we will send an email to confirm that we have received the order. All orders are subject to these terms and conditions. Orders placed through the Website represent an offer to purchase a product. It is accepted for each product when we send you an email to confirm that the order has been received. We reserve the right to reject any order for any reason.
It is important that you enter the correct e-mail address when placing your order. We also recommend that you save your order confirmation email to facilitate any contact with customer service or for future references. The order confirmation (receipt) also serves as guarantee of proof of purchase.
All orders are subject to stock availability. If we are unable to supply any products that you have ordered, we will inform you as soon as possible. If we cannot fulfill the order, we will refund any payments we have received from you as soon as possible and within 14 days.
PRICES, TAXES AND PAYMENT TERMS
Prices and payment details of products are specified on the website. Payment can be made by credit card, Debit card, and/or as further described on the store. Prices are shown exclusive of VAT, import duties and other government-imposed taxes, duties, and levies. You will be responsible for payment of such import duties and taxes. It should be noted that Agritz.com, www.Agritzfresh.com has no control over these charges.
The User guarantees that the information submitted when using the Service, including without limitation, its payment details, shall be complete, correct, truthful and up to date. The User must inform Agritz.com, www.Agritzfresh.com immediately about any inaccuracies in the offer provided, including the price. Our banking services and payment gateways manage all of our banking transactions. We don’t store any credit card numbers. Your payment is handled by the payment gateways with secure encryption and under strict banking standards. Your card details are sent directly to them and cannot be read or accessed by anyone.
During the period of validity indicated in the offer for the product, the prices of the product will not be increased, except for price changes in VAT-tariffs. After such period, we are entitled to adjust price for any product(s). In such cases Agritz.com shall notify the User in advance. Such notice may be provided at any time by posting the changes to the Website or via the product itself.
OUR RIGHTS TO CANCEL/REJECT ORDERS
We reserve the right to decline any order you place with us. We may, in our exclusive discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
PRODUCT AVAILABILITY, ERRORS, INACCURACIES AND OMISSIONS
Products on our online store through www.Agritz.com, www.Agritzfresh.com are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.
Where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation.
Also, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion.
PROMO CODES AND OFFERS
Promo Codes and Offers are made at our sole discretion and are subject to time validity, a valid Promotional Code should be entered during the checkout process for a product to be valid. Attempting to add a promo code after purchase or after the expiration of the code will not be acknowledged.
The quality of our products are in compliant with generally recognized standards in the trade as decided by an independent expert. Except as excluded in these Conditions or in the production description on the website, we will replace defects in goods supplied by us which under proper use, appear within 2 years of purchase which are due to manufacturing defects on the product itself. Other faults or parts than the above are not covered by this warranty. To have replacement covered under this warranty performed, please use our contact form on the “contact us” page. In the message you need to specify your name, address, order number and a detailed description of the issue. Finally, write ‘reclaim of purchase as subject of the e-mail or letter.
Please note that repair/replacements will be charged in the case of: failure or damage caused by improper use or carelessness (knocks, dents, crushing, broken crystal, etc.), damage caused by improper use or carelessness and damage caused by unjustifiable repair or modification, even during this warranty term.
www.Agritzfresh.com at this moment grants the User a non-exclusive, non-transferable, limited right to access and use the Service, under the conditions of these Terms & Conditions and for the duration of the Agreement.
The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements, and using the electronic communication facilities that are necessary to be able to access and use the Service. The User will at all times bear the risk of loss, theft or damage to any of its data.
We may disclose the User’s Personal Data or Content, or other data relating to the use of the Service, to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in USA, or to exercise its constitutional rights of defence against legal claims.
Certain content and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites or application that are not affiliated with us. Agritz.com, www.Agritzfresh.com is not responsible for examining or evaluating the content or accuracy of such website or application and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
You’re obliged to review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Agritz.com, www.Agritzfresh.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Agritz.com, www.Agritzfresh.com.
Our website may contain user generated content, for example social media applications. we do not claim any ownership of such contents (images, photos and videos etc.) and take no legal responsibility for it. In case you suspect a violation of copyright, or any other right, or otherwise is offended by such content, please contact our customer support.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We therefore underwrite in no pledge or represent or warrant that your use of our service will be uninterrupted, timely, assured, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your volition and sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Agritz.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Manufacturers, service providers or licensors be responsible or liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, protect and hold harmless to Agritz.com, www.Agritzfresh.com subsidiaries, affiliates, partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party due to or arising out of your breach of these Terms and conditions or the documents they incorporate by reference, or your infringement of any law or the rights of a third-party.
The obligations and liabilities of the parties obtained prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and conditions are effective except and until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you cease using our site.
These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of Texas. Any action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the courts of Texas.
Our inability to exercise or enforce any right or provision of these Terms of Service shall not constitute a discharge of such right or provision.