PlanetCare Terms and conditions of online purchase and sale
These Terms and Conditions of Purchase and Sale (the "Terms") apply between PlanetCare and the Customer, with regard to the Products. Customer is not authorized by these Terms to resell Products.
Customer confirms that it understands and agrees to be bound by these Terms.
For the purpose of these Terms, “Customer" means any natural person who wants to buy Products for purposes which are outside his business, trade or profession as well as any individual or legal entity who buys or agrees to buy products and/or services from PlanetCare in his commercial or professional capacity.
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of PlanetCare. These Terms are important for both PlanetCare and Customer as they have been designed to create a legally binding agreement between the two, protecting Customer’s and PlanetCare’s rights.
Customer may only use the website to make legitimate enquiries or orders. By adhering to these Terms, Customer agrees not to make any speculative, false or fraudulent orders. If PlanetCare is reasonably of the opinion that such an order has been made, PlanetCare shall be entitled to cancel the order and inform the relevant authorities.
As for natural persons, only persons 18 years or older, who are not under guardianship, can place an order. By placing an order, Customer confirms to adhere to this condition.
All descriptions of the Products contained on PlanetCare website or otherwise communicated to any Customer are approximate only and shall not form any part of the contract between PlanetCare and the Customer. PlanetCare shall not be liable to the Customer for any errors or omissions on the PlanetCare website, PlanetCare catalogue or other product advertisement. The advertising of Products on PlanetCare website is not an offer capable of acceptance; it merely constitutes an invitation by PlanetCare for the Customer to make an offer to purchase Products.
Please read these Terms carefully before accessing or using PlanetCare website. By accessing or using any part of the site, Customer agrees to be bound by these Terms. Placing an order for Products entails the Customer's full and unreserved adherence to these Terms. Should Customer not agree to all the Terms, then Customer may not access the website or use any services. Should PlanetCare and Customer enter into separate agreement regulating their mutual rights and obligations with regard to the Products, provisions of separate agreement shall prevail over these Terms.
The inclusion of any Product on our website at a particular time does not imply or warrant that this Product will be available at any time. PlanetCare reserves the right to discontinue any Product at any time without any liability whatsoever.
Further, PlanetCare reserves the right to unilaterally amend these Terms from time to time without prior notice to Customers. The version of the Terms available on web site at the time of placing order, shall be the version of Terms applying to that particular order.
The Order is placed with PlanetCare by the Customer by selecting one or more Products.
When Customer’s order has been placed and received by PlanetCare, Customer will receive an email confirmation to the email Customer provided. Should PlanetCare for any reasonwhatsoever not be able to fulfill Customer’s order, PlanetCare will inform Customer thereof at the earliest opportunity. If payment for such order has already been received, PlanetCare will refund the applicable amount as soon as possible. Should for that purpose Customer’s assistance be necessary, PlanetCare representative will contact the Customer.
With regard to its order, Customer warrants the accuracy of all its information.
Whilst PlanetCare will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that PlanetCare may need to refuse to process an order after order confirmation has been sent to the Customer, which PlanetCare reserves the right to do at any time, at its sole discretion without any liability.
III. PRICE, CHARGES AND PAYMENT METHODS
The prices as presented with each Product, include the statutory Value Added Tax but do not include a delivery charge. All prices are set forth in EUR. All quoted prices are subject to change without notice. Prices charged are those in effect at the time of shipment and Customer agrees to pay such prices, subject to any Customer specific pricing and transaction related charges. Prices may increase before shipment in the event PlanetCare's costs increase.
Any applicable sales, excise, use or other taxes, duties or fees which PlanetCare may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any products covered hereby, shall be for the account of the Customer, and Customer agrees to pay such amount to PlanetCare upon request in addition to the quoted purchase price.
Customers can currently pay for Products solely by usuing PayPal, whereby PlanetCare reserves the right to check the validity of Customer’s PayPal account (availability of funds to cover the purchase sum, validation of the billing address details). Customer should be aware of the fact, that the applicable amount of the purchase will immediately be reserved on Customer’s PayPal account but will not be debited until the Products are dispatched.
Other payment methods will be added shortly.
IV. DELIVERY, TITLE
All orders are shipped EXW point of shipment from PlanetCare's facility. Products will be shipped via regular mail or UPS (or other like carrier when necessary). PlanetCare will make commercially reasonable efforts to deliver Products in accordance with delivery date(s) indicated by the carriers.
Subject to availability, and unless there are any exceptional circumstances, PlanetCare will endeavor to fulfill Customer’s order for Product(s) as soon as possible, whereby PlanetCare estimated delivery date is set at 2-10 days following the date of the order confirmation. Once Customer has placed its order, supplied PlanetCare with its email address, Customer will receive an email confirmation with the expected delivery details. Customer acknowledges that delivery dates provided by PlanetCare are estimates only - not a warranty or guarantee -- and that PlanetCare will not be liable for failure to deliver product on such dates.
Title in and to all Products shall pass to the Customer when payment is made in full by Customer and received by PlanetCare.
Any claims for shortages and/or damage to delivered products must be made to the carrier in accordance with the carrier's claims policy, but not more than ten (10) days after delivery of the product to the carrier.
V. INSPECTION, ACCEPTANCE
The Customer must inspect the Products as soon as is reasonably possible after delivery but not later then 15 calendar days of Customer's receipt of the Products. Customer shall be deemed to have accepted the Products unless a valid written notice of rejection, due to defect in the goods or non-conformance to the order, is received by PlanetCare within the aforementioned deadline. No such claims made after such period need be considered by PlanetCare.
Any claim made by the Customer should give detail information on:
i. Any defect in the Product that is apparent on reasonable examination. In this case Planet Care shall, at its own discretion, replace the Products or refund the purchase price. In any event the Customer must refuse parcels delivered to it in a damaged condition;
ii. Any shortfall in Products delivered. In this casePlanet Care shall, at its discretion, deliver the undelivered Products or refund the price of the undelivered Products;
iii. Any delivery of products not in accordance with the order. In this case PlanetCare shall, at its own discretion, replace the Products or refund the purchase price; or
iv. Any non-delivery of the products (in which case the time limit is within __________________ days of the order confirmation date). In this case PlanetCare shall deliver the undelivered Products or refund the price of the undelivered Products.
Should the Customer fail to give any such notice, the Products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly.
VI. WARRANTY AND LIMITATION OF LIABILITY
PanetCare warrants that no product purchased from PlanetCare is materially defective. In the event of any such Product being materially defective, provisions of Section V of these Terms shall apply. This warranty shall not apply to any defect which arises from improper use, failure to follow the Product instructions, or any repair or modification made without the consent of PlanetCare.
PlanetCare gives a 12 month warranty to Products, starting from the date of purchase. PlanetCare warrants to the Customer that the Products delivered will conform substantially to the description set forth on this website. With the exception of the foregoing warranty, PlanetCare makes no other warranty, express or implied with regard to the purchase of Products, and hereby expressly disclaims any and all implied warranties of merchantability, suitability or fitness for any particular purpose or use, or non-infringement. No action, regardless of form, arising out of the purchase of product under this Terms may be brought by Customer more than ______________ after the purchase of the Product.
The remedies set out in Section V of these Terms shall be the Customer's sole remedies for any breach of warranty and in respect of the supply or non-supply of products.
PlanetCare’s liability in connection with any Product purchased through its web site is strictly limited to the purchase price of that Product, whereby nothing in these Terms shall exclude or limit PlanetCare’s liability for:
• death or personal injury caused by PlanetCare negligence;
• fraud or fraudulent misrepresentation;
• any matter for which it would be illegal or unlawful for PlanetCare to exclude or limit, or attempt to exclude or limit, its liability.
In no event shall PlanetCare be liable to customer for any indirect, special, incidental, punitive or consequential damages of any kind (regardless of how stated) arising out of or related to this agreement, the use of electronic means to carry out a purchase transaction, or the purchase of any Product hereunder.
VII. FORCE MAJEURE
PlanetCare will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, epidemics, quarantine restrictions, riots, terrorists acts, or war. PlanetCare's time for delivery or performance will be automatically extended by the period of such delay or PlanetCare may, at its option, cancel any order, in whole in part, without liability by giving notice to Customer.
VIII. EXPORT CONTROLS
Customer acknowledges that the products ordered and delivered may be subject to the export control laws and regulations of the EU and the country in which Customer is located. Customer shall be solely responsible for the determination of and adherence to the export control laws and regulations applicable to the products ordered by Customer. Customer agrees not to export or re-export products in violation of such laws and regulations. Moreover, Customer agrees not to export products or any documentation or information related thereto (i) to any country in which the EU has embargoed or restricted the export of goods and services or to any national of any such country or other person or entity, wherever located, who intends to transmit, transport or deliver products to such a country; (ii) to any end-user who Customer knows or has reason to know will utilize the products in the design, development or production of weapons of mass destruction, including but not limited to nuclear, chemical and biological weapons; or (iii) to any end user who has been prohibited from participating in export transactions by a governmental agency. These restrictions may change from time to time.
Customer agrees to indemnify and hold harmless PlanetCare and its directors and emplowees from and against any and all claims, liabilities, damages, charges, costs and expenses (including reasonable attorneys' fees and litigation expenses) arising from or related to (i) the purchase, use and/or distribution of Products supplied by PlanetCare in violation of these Terms, (ii) the negligence or lack of due care by Customer, Customer's customers, agents, employees or invitees, in whole or in part, and (iii) infringements of third party intellectual property or other proprietary rights arising from the use or distribution of supplied products by Customer, Customer's customers, agents, employees.
XI. GOVERNING LAW, DISPUTE RESOLUTION
These Terms shall be construed and controlled by the laws of the ___________________________, without application of its conflict of laws provisions. Customer consents to jurisdiction and venue in the state courts sitting in ____________________. The United Nations Convention on the International Sale of Goods shall not apply and its application is hereby expressly excluded.
XII. CONSENT TO ELECTRONIC AGREEMENT, RECORDS & SIGNATURES
These Terms or any purchase transaction (or any signature, writing, or record pertaining thereto) shall not be denied legal effect, validity, or enforcement solely because it is in electronic form and/or because an electronic signature or electronic record was used in its formation. Customer expressly consents to PlanetCare's use of electronic documents and records to provide purchase transaction information. Upon reasonable request, Customer may obtain a printed copy of electronic documents and records pertaining to Customer's purchase transaction(s) at Iskra's cost of preparation and mailing of such copies.
XIII. DATA PROTECTION
XIV. ENTIRE AGREEMENT
These Terms and conclusion of the agreement based on these shall constitute the entire agreement between the parties with respect to the purchase of Products and supersedes all prior or contemporaneous communications, both oral and written.
If any provision of these Terms shall be held by a court of competent jurisdiction to be illegal, invalid and/or unenforceable, the remaining provisions shall remain in full force and effect.