Terms and Conditions of Use of the Website

crop360.agricover.ro

Information about the website crop360.agricover.ro

The website crop360.agricover.ro („Website”) is owned by the Company Agricover Tehnology SRL („Agricover”), having its registered office in Bulevardul Pipera 1B, Cubic Center Etaj 8, Voluntari, Ilfov, Unique Registration Code 43154623, entry number in the Trade Register J23/4637/07/10/2020, fiscal attribute RO, subscribed and paid-up share capital of lei 19.045.000,00, divided into 1.904.500 shares, with a face value of 10,00 lei each, bank account no. RO76BRDE450SV75903954500, opened at BRD-roup Societe Generale, phone 021.336.46.45, fax 021.335.25.00, email: [email protected] , legally represented by Dobre Liviu – Sole Administrator.

Object of the terms and conditions

The Terms and Conditions („Terms and Conditions”) have as their object to establish the methods by which Agricover makes available to users the website crop360.agricover.ro („Users”), respectively the conditions under which the users have access to and use this website.

Any connection to the website is subject to complying with the Terms and Conditions of use of the website that Agricover reserves the right to change or update at any time.

Access to and use of the website has as a consequence your consent with regard to these current terms and conditions.

If you do not agree on the Terms and Conditions hereby, as described in this policy, we advise you not to use this website. We consider that, by continuing to use the website, you acknowledge that you read and accepted completely these terms and conditions.

Agricover is not liable for any loss, costs, suits, claims, expenses or other liabilities, should such be directly caused by the failure to observe the Terms and Conditions.

Access to the website

Agricover makes all the possible efforts to maintain the website accessible. We should mention that, for the purpose of maintenance, updating and for any other mainly technical reason, access to the website may be discontinued.

Agricover is in no case responsible for such interruptions or for the consequences that might arise for the users.

The online store may be used only by persons that are at least 18 years old.

Any person below 18 years old may use the online store only with the agreement of their parents or legal guardian.

In order to confirm the accuracy of the data provided during the process of logging in the online store, the user will receive an email requesting them to confirm their data.

Intellectual and industrial property rights

The content (data, information, illustrations, logos, marks, etc.) displayed or available on the website is protected by copyright and other intellectual property rights, and is the exclusive property of the relevant editors.

Any copy, reproduction, representation, adaptation, transformation, modification, distribution, in full or in part, is unlawful, except for a single copy, on a single computer and reserved only for the private use of the person that made that copy.

The items presented on this website are subject to change without notice, and are made available without any express or implicit warranty; they may not give rise to any right to indemnification.

Any complaint regarding the violation of copyright shall be sent to the email address: [email protected].

Users are solely liable for any communication sent through the website, including, but without being limited to, its truthfulness and accuracy.

Usage of documents

No document coming from the website may be copied, reproduced, published, downloaded, posted, sent or distributed, irrespective of the method, except for a simple recording of documents on a personal computer, for personal use by the user, and only for non-commercial purposes. In such a scenario, users should keep intact the mentions about ownership.

The transformation or modification of such documents or using them for another purpose is considered a crime.

Electronic mail

In order to correspond with Agricover by electronic mail, users should complete the electronic mail forms mentioned on the website. The answers stated by Agricover to emails shall not be considered as, and shall not be proof of performing an advertising, promotional or commercial activity in the country of destination of answers.

Limitation of responsibility

The documents and information posted on the website are provided as such, without any express or implicit warranty of any kind. Agricover reserves the right to change or correct the content of the website at any time, without notice. Agricover shall not be kept responsible in case the users’ computer materials are contaminated following the spreading of some virus or other computer bugs. The users of this website have the obligation to take all the adequate measures so that to protect their own data and/or programs against contamination with potential viruses acting in the internet network.

Agricover, its employees, suppliers or partners mentioned on the website shall not be, in any case, held responsible, for any action under contract, in tort or any other action, for any direct or indirect, incidental or subsidiary damage, of any nature, or for any loss, mainly financial or commercial in character, arising from the use of the website, or of a certain piece of information obtained from its website.

The website may contain simple or more significant links to partners or third parties’ websites. Agricover does not exercise any control over such websites, and does not, consequently, warrants any responsibility with regard to the availability of such websites, with regard to their content, publicity, products and/or services available on or from such websites. Thus, Agricover shall not be at all responsible for direct or indirect damages that might occur upon the users’ access to the partner’s website, or upon the usage of such website, for the failure of the contents or the services to comply with any regulation, or their violating in any way third parties’ rights. Agricover waives any responsibility with regard to the information, materials, programs of websites linked through links such as hypertext to its website.

If the prices or other details regarding products/promotions were displayed incorrectly, inclusively due the fact they were erroneously entered in the database, Agricover reserves the right to cancel the delivery of the relevant product and to inform the client by phone/by email, as soon as possible, of the error made, if the product has not been delivered yet.

The activation of the packages of products and / or services available on the site and ordered by users takes place only after the acceptance of their payment by Agricover through the online payment service available on the platform.

The characteristics of the products presented on the website are provided/taken over/made available by manufacturers and suppliers, Agricover not assuming liability for the accuracy o such information.

The prices of products on this website are informative and may be subject to changes without notice. The promotions presented on the website are valid during the period of time mentioned / in case no period of time is mentioned, these are valid within the limits of the available stocks. All the products presented on this website are available within the limit of the physical stock available. In case the stock is depleted, Agricover shall offer alternatives, by presenting other similar products in terms of appearance and technical specifications to the product ordered the stock of which was depleted.

Further, the images presented on the website are only illustrative, and the products delivered may be different from the images in any way, due to the modification of characteristics, design, without any prior notice by manufacturers/suppliers.

Please be advised that the potential complaints regarding the aesthetic deficiencies of products shall be considered and shall be reviewed only if they are communicated within the first 2 days since the time when the product was accepted.

Product ownership transfer

Ownership and risks over the Products will be transferred to the Customer, subject to payment by the Customer, upon delivery to the location indicated in the order (by delivery meaning the signing by the Customer, upon receipt of the Products, the transport document provided by the courier or the receipt of the invoice in case of deliveries made by Agricover's own means).

By signing the aforementioned documents and after verifying the delivered products, the Customer confirms their quantitative and qualitative receipt and no further complaint is accepted.

How to buy from the online store

9.1. Enrollment and validation of legal entities in the platform

9.1.1 User account creation

The user selects the "CREATE ACCOUNT" option from the www.crop360.agricover.ro platform, then ""REGISTER NOW" where he will fill in the following fields: e-mail, password, password confirmation, phone number, first and last name, name with which it will be identified in the platform.

9.1.2 Natural person registration

By accessing the "SETTINGS" menu and selecting the "REGISTER AS AN INDIVIDUAL PERSON" option, the User will be able to register as an individual, as follows:

fill in the mandatory fields (marked with an asterisk): personal numerical code (CNP), as well as the Sales Agent if , if enrollment in the platform was done through a Sales Agent;
upload the related identity card;
expresses his agreement regarding the terms and conditions of use of the platform, the registration button being accessible only after accepting the terms and conditions.

9.1.3. Adding entities by the User

After completing the registration as a natural person, the User will be able to register his legal entities. The type of legal entities that can be added to the platform are:

LEGAL ENTITIES:

Agricultural Societies (SAG);
AGRICULTURAL cooperatives (CA);
Societies in collective name (SNC);
Simple limited companies (SCS);
Joint stock companies (SA);
Limited liability companies (SCA);
Limited liability companies (SRL);
Authorized natural persons (PFA);
Individual enterprises (II);
Family business (FI);

To add "LEGAL ENTITIES", the User must fill in the mandatory fields:

full name of the legal entity;
unique registration code/fiscal registration code (CUI);
registration number in the Trade Register;
type of legal entity;
county;
town.

If the User who adds the legal entity is not also its Legal Representative (according to the Notary Certificate issued by the Trade Registry Office), it is necessary to download the "POWER OF ATTORNEY" " from the "DOWNLOAD POWER OF ATTORNEY" option, complete and sign it by the Legal Representative of the legal entity and uploading it to the user account.

NATURAL PERSONS – tax registered natural persons:

To add NATURAL PERSONS TAX REGISTRATION, the User must fill in the mandatory fields:

full name;
personal number code (CNP) or fiscal registration code (CUI);
county;
town.

After adding the entities, their status will be "INVALIDATED", but the User will be able to purchase the "MY FARM" subscription.

9.1.4 Account validation

Within 24 hours from the completion of the entity addition process, the SupportCrop360 Team will verify the data entered by the User and the documents made available by him, based on the public records resulting from the Assessor's Certificate issued by the Trade Registry Office through the RECOM portal ONLINE.

If all the data entered and the related documents are correct by reporting the Assessor's Certificate issued by the Trade Registry Office through the RECOM ONLINE portal, the entities will be approved in the platform.

In the event that there is a discrepancy between the data and documents uploaded and the information resulting from reporting the Assessor's Certificate issued by the Trade Registry Office through the RECOM ONLINE portal, within 24 hours of completing the entity addition process, a member of the team SupportCrop360 will contact the User to clarify the situation and request the necessary mandatory documents, as well as additional ones in order to approve the entity in the platform. The user has a maximum of 7 calendar days from the SupportCrop360 team's request to resend the clarifying documents.

If the User does not send the documents requested by the SupportCrop360 Team within 7 calendar days, the User's request to add an entity will be rejected, and that entity will be deleted from the platform. Later, the User will be informed about the deletion of the respective entity from the platform and will be informed of the reasons for its deletion, the refund period, as well as the possibility to resume the entity addition process.

9.2. Order placement and product availability

The purchase of subscription products and GPS sensors is done by accessing the "Crop360 Subscriptions" area. The "Subscription" product can be purchased only once a year, along with other listed products.

Add the desired products to the shopping cart by entering the desired quantity and pressing the "Add to cart" button. You can add several products to your cart, from different categories, with the statement that the GPS product is dependent on the Subscription product and cannot be purchased without the Subscription product already purchased. The order will be completed by making payment in one of the available ways. Once added to the shopping cart, a product is available for purchase as long as there is stock available for it. The addition of a product to the shopping cart, in the absence of completion of the Order, does not entail the registration of an order and implicitly also the automatic reservation of the respective product.

9.3. Order Cancellation

The customer can request the cancellation of the order before its delivery by sending a request by email: [email protected].

9.4. Prices

Prices of existing products in the online store are expressed in lei and include VAT in accordance with the legislation in force. Agricover Group customers who register a cumulative turnover of minmum 20.000 lei (excluding VAT) within Agricover Distribution SA during the last 12 months, respectively who are part of an active financing contract with Agricover Credit IFN will have a special price of 6 lei/year (VAT included) for „My Farm Subscription”.

9.5. Billing

Agricover will issue to the Customer an invoice for the delivered Products, the Customer having the obligation to provide correctly and completely all the information necessary to issue the invoice in accordance with the legislation in force.

9.6. Delivery

Agricover will ensure the proper packaging of the Products and will ensure the transmission of delivery documents. Agricover will deliver the Products and Services only on the Romanian territory.

The delivery of the Products will be made by courier or by Agricover's own means.

9.7. Payment

The ordered products can be paid through two payment methods available in the Agricover online store:

payment by bank card
payment by bank transfer

9.8. Return policy

The Customer has the right to return a Product within 14 calendar days, without invoking any reason and without incurring costs other than delivery in accordance with OUG no. 34/2014.

Agricover will reimburse the Customer the amount paid within 14 (fourteen) days from the date of information by the Customer regarding the return of the ordered Products. The corresponding amount will be returned as follows:

for Orders paid by bank card - by refund to the account from which the payment was initially made
for Orders paid by bank transfer - by bank transfer to the Client's account

Product warranty

All the products sold through the website enjoy warranty conditions according to the legislation in force and the manufacturers’ commercial policies.

The products are brand new, in the original packaging and come from sources that are authorized by every separate manufacturer.

Agricover respects the legal conformity guarantee.

Force majeure

No party shall be liable for the failure to execute when due and/or appropriately, in full or in part, any of the obligations incumbent on it under the terms and conditions or the contract between the parties, if the failure to execute such obligation was caused by a force majeure event, as defined by the Romanian law, provided such force majeure event is proved within 15 calendar days since its occurrence, by a certificate of force majeure issued by competent authorities.

The party invoking a force majeure event is required to inform the other party of the occurrence of such event, within maximum 5 calendar days since its occurrence, and to take the measures required in view of mitigating the consequences of the relevant event.

The situations of lack of liquid funds are not considered by the parties as force majeure events, and do not exonerate them from contractual liability.

Amicable conciliation

If you encounter any problems in relation to an order, which do not seem that can be solved by email or with the person you discuss with, you may contact, for free internal counseling, telephone: 021 336 4645, email: [email protected].

Jurisdiction an governing law

Any litigation regarding the website or this legal notice shall be settled by the court of law with material jurisdiction from the location of the office of Agricover, the governing law being the Romanian law, irrespective of the parties or circumstances.

The Terms and Conditions shall be supplemented by the provisions of the Civil Code and of other normative acts that regulate the legal relationships between professionals and which would, potentially, become applicable to these relationships. The use of website crop360.agricover.ro means your express agreement on the application of this jurisdictional clause. Should any of the dispositions of this legal notice be declared illegal, null or inapplicable, for whatever reason, this shall be considered as not a part of this legal notice, and shall not affect the validity or the application of the other dispositions.

Feedback

The user’s feedback is very important for us, and we expect it by phone at 021 336 4645, or by email at: [email protected].

The user shall receive an official answer within maximum 48 working hours since Agricover receives the user’s feedback.

Confidentiality. The processing of personal data

The protection of information during the processing of your personal data is a major concern of Agricover, and this the reason why all the data collected during the visits on our website are processed according to legal provisions. Agricover undertakes not to disclose any information with regard to your visits on this website, except for legal situations. Agricover shall not send to any third party your personal data entered on the website according to these Terms and Conditions.

The information regarding the processing of the personal data are found in the section The Processing of Personal Data.

Final dispositions

If, for whatever reason, any clause in these terms and conditions shall prove to be null, inapplicable or invalid, it shall be replaced with a valid clause, as close as possible in meaning to the original clause.

The invalidity/inefficiency of a clause/provision in these terms and conditions shall not affect the validity/applicability of the other clauses/provisions, which shall continue to apply unchanged.