TERMS OF SALES (CGV)

 

Date of last update: 9 January 2022

 

LEGAL NOTICE

This site, accessible at the URL www.theagrob.com (the ” Site “), is published and owned by AGROB Société par actions simplifiée à associé unique, company with a capital of 35000 Euros, registered with RCS Paris under the SIREN number 887954204, whose registered office is located at 149 Avenue Du Maine 75014, Paris. (Hereinafter referred to as the ” Operator “). The Operator’s individual VAT number is: FR27887954204.

 

GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general conditions of sale (the ” General Conditions of Sale ” or the ” GTC “) are applicable exclusively to the online sale of products & Services offered by the Operator, of sellers listed on the Website.

The GTCS are made available to customers on the Site where they are directly available for consultation and can also be communicated to them on request by any means. The GTC are enforceable against the customer who acknowledges, by checking a box provided for this purpose, to have been aware of and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the purchaser of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.

The GTCS are also systematically sent with any order confirmation sent to the Customer by the Operator. Any Customer is therefore deemed to have read and accepted without reservation all the provisions of the GTC, which will apply to all services performed by the Operator. The GTC will prevail over any contrary clauses and conditions that may appear on the general purchasing conditions or any other document issued by the Customer. Any contrary conditions set by the Customer will therefore, in the absence of express acceptance by the Operator, be unenforceable against the latter. However, the Operator reserves the right to derogate from certain clauses of the T & Cs depending on the negotiations carried out with the Customer, by the establishment of specific conditions of sale (in particular by the conclusion of a contract for the provision of services) which will be approved. by the customer.

 

PRODUCT DESCRIPTION

The Site is an online sales site for various kinds of Agricultural products such as seeds, pesticides to Drones Heavy machines such as tractors and heavy machine spare parts, listed by vendors or sellers associated with AGROB company. We also offer wide range of home gardening products. For further details please visit our website at www.theagrob.com (hereinafter the “Product (s)”) open to any natural or legal person using the Site (the “Customer).

The Products presented on the Site are each subject to a description (drawn up by the supplier or accessible on the manufacturer’s site by a link on the Site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the Product, if it is an essential element, appears on the Site or is sent at the latest on delivery. The products sold on our website are built by third parties. No products are sold on our website are forbidden under French law.

The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as in particular Internet service providers, which remain at its expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site. The Customer acknowledges having verified that the IT configuration he uses is secure and in working order.

 

DESCRIPTION OF SERVICES

The Site is a site for the online sale of services, such as Farm management system, waste management system, information on different software packages available, listed by vendors or sellers associated with AGROB company For further details please visit our website at www.theagrob.com (hereinafter the “ Service (s) ”) open to any natural or legal person using the Site (the “ Customer ”). The Services presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating the Services do not constitute a contractual document. The Services comply with the requirements of French law in force.

The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as in particular Internet service providers, which remain at its expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site. The Customer acknowledges having verified that the IT configuration he uses is secure and in working order.

 

CREATION OF THE CUSTOMER AREA

To place an order on the Site, the Customer must first create his personal customer area. Once created, to access it, the Customer must identify himself using his username and secret, personal and confidential password. It is up to the Customer not to communicate his username and password in accordance with the provisions of the PERSONAL DATA article of these General Conditions. Each Customer undertakes to maintain strict confidentiality with regard to data, in particular username and password, allowing him to access his customer area, the Customer acknowledging that he is solely responsible for access to the Service through his username and password, except for proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of a loss, misappropriation, or fraudulent use of his username and / or password.

After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space. The Customer undertakes when registering to:

  • provide real, accurate, up-to-date information at the time of entry into the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorized to do so.
  • keep registration data up to date with a view to ensuring that it is real, accurate and up to date at all times.

The Customer also undertakes not to make available or distribute information that is illicit or objectionable (such as defamatory or constitutive information constituting theft of identity) or even harmful (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer’s access to the Site to its exclusive fault.

 

ORDERS

The Operator strives to guarantee optimum availability of its Products. Product offers are valid while stocks last. If, despite the Operator’s best efforts, a Product turns out to be unavailable after the Customer has ordered, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

  • the delivery of a Product of a quality and a price equivalent to that initially ordered, or
  • reimbursement of the price of the Product ordered within fourteen (14) days of payment of the sums already paid at the latest.

It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not bound to any cancellation compensation, unless the non-performance of the contract is personally attributable to him. With the exception of any indication to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer’s orders are firm and final.

When placing an order, the Customer must select the chosen Products or Services, add them to his basket indicating the selected Products or Services and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it. The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and any costs of delivery and withdrawal prior to payment of his order.

The Customer’s attention is particularly drawn to the method of accepting the order placed on the Site. Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms, and delivery costs) before validating it by clicking on ” Pay/Buy button”, Confirmation of the order implies acceptance of the GTC and forms the contract.

The archiving of communications, purchase orders and invoices is provided by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.

A copy of these General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of his Order so that the latter can refer to them.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail shortly after placing an order. The Operator strongly advises the Customer to print and / or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the ” my account ” area. The Operator also advises the Customer to print and / or archive this invoice on a reliable and durable medium as proof.

Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular in the event that:

  • The Customer would not respect the General Conditions in force when ordering.
  • The Customer’s order history shows that sums are still due for previous orders.
  • One of the Customer’s previous orders is the subject of a dispute being processed.
  • The Customer did not respond to a request for confirmation of his order that the Operator sent him.

The Operator archives the Product sales contracts in accordance with applicable legislation. By making a request to the following address support@theagrob.com, the Operator will give the Customer a copy of the contract that is the subject of the request.

Any modification of the order by the Customer after confirmation of his order is subject to the agreement of the Operator.

The information communicated by the Customer when placing the order (in particular name and delivery address) binds the latter. Thus, the responsibility of the Operator can in no way be sought in the event that an error during the placing of the order would prevent or delay the delivery / delivery.

The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.

Registration is open to capable adults and minors on condition that they intervene under the supervision of the parent or guardian with parental authority. In any case, registration is not authorized on behalf of third parties unless you are validly authorized to represent it (legal person for example). Registration is strictly personal to each Client. In the event of failure by the Customer to one of the provisions hereof, the Operator reserves the right to terminate the said Customer’s account without notice.

 

TERMS OF PAYMENT AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires the 100% advance payment against the supply of the Product or Services ordered. In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means. Orders can be paid for using one of the following payment methods:

Payment by credit card. Payment is made directly on the secure banking servers of the Operator’s bank; the Customer’s bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.

The Customer’s order is recorded and validated upon acceptance of payment by the bank. The Customer’s account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card. The inability to debit the amounts due will result in the immediate nullity of the sale.

The bank card may in particular be refused if it has expired if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered are incorrect.

Payment by electronic wallet (PayPal type). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order in complete security without providing his bank details.

Payment by bank transfer. The Customer can pay for his order by bank transfer. When ordering, the Operator will communicate the details of the account to which to make the transfer, as well as the order reference to be indicated in the transfer order. Orders are processed within 48 hours maximum of receipt of the transfer.

Where applicable, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.

As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize his order. These parts will not be used for purposes other than these.

 

PAYMENT OF THE PRICE

The price of the Products shown at the time of the billing is indicated in euros and with necessary applicable location specific taxes, delivery, and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.

The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include the discounts and rebates that the Operator would be required to grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

 

FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.

The Customer’s attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places his order, he must confirm it by the “double-click” technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected, price, terms and delivery costs) before validating it by clicking on “I confirm my delivery”, then he acknowledges accepting these T & Cs before clicking on the “pay” button, finally he validates his order after having filled in his bank details. The ” double click ” is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.

The archiving of communications, purchase orders and invoices is provided by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.

In the event of:

  • delivery of a Product that does not conform to the declared characteristics of the Product.
  • delivery exceeding the deadline set in the order form or, failing such a date, within thirty (30) days following the conclusion of the contract, after the Operator has been ordered, under the same terms and without result, to make the delivery within a reasonable additional time.
  • price increase which is not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the Customer may demand the reimbursement of the deposit paid without interest by writing an email to the customer support team at agrobteam@gmail.com, with necessary order details and proof of payment. The order can be resolved by the Operator in the event of:

  • refusal of the buyer to take delivery.
  • non-payment of the price (or the balance of the price) at the time of delivery.

 

RESERVATION OF OWNERSHIP

The Operator or listed vendors or sellers associated with AGROB company remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.

 

SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas. Delivery means the transfer to the Customer of physical possession or control of the Product.

The Operator and vendors offer you different delivery or delivery methods depending on the nature of the product DHL services or UPS services. The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order. Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipment of the order as well as the deadline provided by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product sheet and at the basket level, provided that payment for the order has not been refused beforehand. However, if one or more Products could not be delivered within the time initially announced, the Operator will send an email indicating to the Customer the new delivery date.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address contains no errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

On delivery, you may be asked to sign a receipt. No delivery will be made to a PO box. On delivery, it is the Customer’s responsibility to verify that the Products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery slip.

 

RIGHT OF WITHDRAWAL

If a delivered Product or Services does not give full satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

The Customer who has exercised his right of withdrawal for a service whose performance has begun, at his express request, before the end of the withdrawal period, pays the Operator or vendors/sellers associated with AGROB an amount total or corresponding to the service provided until the communication of his decision to withdraw; this amount is proportional to the total price of the service agreed in the contract (and will therefore be equal to the total price of the service if the entire service has been provided).

No sum is due by the Customer having exercised his right of withdrawal if his express request has not been received or if the Operator has not complied with the information obligation provided for in 4 ° of article L 221-5 of the French Consumer Code.

In accordance with article L.221-21 of the French Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. Of the French Consumer Code, the Customer is invited to send an email to customer support team at support@theagrob.com. The Operator will send an acknowledgment of receipt of the Customer’s withdrawal request by e-mail.

If necessary, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:

  • name, geographic address, telephone number and email address.
  • decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax, or e-mail when these contact details are available and therefore appear on the standard withdrawal form). The Customer can use the model withdrawal form, but this is not compulsory.

Return costs are the responsibility of the Customer, unless the goods cannot normally be returned by post, in which case the Operator will recover the Product at its expense.

The exceptions of article L.221-28 of the French Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:

  • the provision of services fully performed before the end of the withdrawal period and whose performance has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
  • the supply of goods or services, the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
  • supply of goods made to the consumer’s specifications or clearly personalized.
  • supply of goods liable to deteriorate or expire rapidly.
  • the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
  • supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles.
  • supply of alcoholic beverages the delivery of which is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional.
  • maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency.
  • supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
  • supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications.
  • concluded at a public auction.
  • the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period.
  • for the supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact contact details (name, first name, address) of the Customer as well as the order number, and the original purchase invoice.

The vendors/sellers associated with AGROB will reimburse the Customer for the amount of the Product within thirty (30) days of receipt of the Product and all the elements making it possible to implement the Customer’s reimbursement. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer who has paid for his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the wishes of the Operator. By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

 

CUSTOMER SERVICE

The Customer can contact the Operator: by calling at +330766267588 between Monday to Friday from 0900 hours to 1800 Hours, Central European Standard Time or by sending an email at support@theagrob.com indicating his name, telephone number, the subject of his request and the number of the order concerned.

 

INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements) which are protected by French and international laws and regulations relating in particular to intellectual property.  

Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, whatever the means and / or media used, whether known or unknown to date, without the prior express written authorization of the Operator case by case, and the Customer is solely responsible for any unauthorized use and / or exploitation.

Furthermore, it is specified that the Operator is not the owner of the content put online by the Customers, for which the latter remain fully responsible and guarantee the Company against any recourse in this respect. The Customers grant the Operator a non-exclusive transferable, sublicensable, free and worldwide license for the use of the intellectual property content that they publish on the Site, for the duration of the protection of such content.

The Operator reserves the right to take any legal action against persons who have not respected the prohibitions contained in this article.

 

LIABILITY AND GUARANTEE

The Operator cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or even for the unforeseeable and insurmountable fact of any third party herein.

The Operator cannot be held responsible for information imported, stored and / or published on the Site by Customers. The Operator cannot be held responsible for any information published by a Customer on the Site and for the direct or indirect damage that this use could cause to a third party, the Customer at the origin of the publication remaining solely responsible for this. title.

The Customer recognizes that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for reasons of maintenance, updates, or technical improvements, or to improve the content and / or their presentation.

The Operator cannot be held responsible for the use which would be made of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Client and for his behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Operator of all costs, including attorneys’ fees, incurred in its defense.

The Customer is solely responsible for all the content that he puts online on the Site, for which he expressly declares to have all the rights, and as such guarantees the Operator that he does not put any online content violating third-party rights, in particular intellectual property, or constituting an attack on persons (in particular defamation, insults, insults, etc.), respect for private life, an attack on public order and good morals (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of an infringement of the laws in force, of good morals or of these General Conditions, the Operator may automatically exclude Customers who have been found guilty of such infringements and delete information and references to such contentious content. The Operator is qualified as a host with regard to the content uploaded by third parties. As such, it is recalled that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the event that the Operator’s liability is sought for content uploaded by the Customer, the latter undertakes to guarantee the Operator against any conviction pronounced against him as well as to reimburse the Operator. all costs, including lawyers’ fees, incurred in his defense.

Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 and following of the French Consumer Code (in particular L. 217-4 to L. 217 -14 of the French Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.

When you act within the framework of the legal guarantee of conformity:

  • you have a period of two (2) years from the delivery of the goods to act:
  • you can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code.
  • you are exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except second-hand goods).

You can decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the French Civil Code. In this case, you can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the French Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9, and L. 217-12 of the French Consumer Code, of article 1641, 1644 and of the first paragraph of Article 1648 of the French Civil Code, as in force on the date of these General Conditions:

Art. L.217-4 of the French Consumer Code:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility. “

Art. L.217-5 of the French Consumer Code:

” The good conforms to the contract:

1 ° If it is suitable for the use usually expected of a similar good and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model.

– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his representative, in particular in advertising or labeling.

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. “

Art. L.217-7 of the French Consumer Code:

” The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For second-hand goods sold, this period is set at six months.

The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. “

Art. L.217-9 of the French Consumer Code:

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.

Art. L.217-12 of the French Consumer Code:

“Action resulting from lack of conformity lapses two years after delivery of the goods. “

Art. 1641 of the French Civil Code:

” The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. “

Art. 1644 of the French Civil Code:

“In the case of articles 1641 and 1643, the purchaser has the choice to return the thing and have the price returned, or to keep the thing and have part of the price returned. “

Art. 1648 paragraph 1 of the French civil code:

“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. “

It is recalled that the search for amicable solutions prior to a possible legal action does not interrupt the time limits for the action of legal guarantees or the duration of any possible contractual guarantee.

 

AFTER-SALES SERVICE

The AGROB do not provide any after sales Service. The seller/vendor is solely responsible for any after sale service relating to the products, as per the product description. Customers are therefore requested to directly reach out the respective sellers/vendors of the product or services.

 

PERSONAL DATA

Each Customer is solely responsible for maintaining the confidentiality of his username and password and is solely responsible for all access to his Customer Account, whether authorized or not.

The Operator cannot be held responsible for any action or harmful fact carried out via the Customer’s personal space by a third party who would have had access to his username and password following a fault or negligence attributable to the Customer. The Customer undertakes to inform the Operator immediately when the Customer becomes aware or suspects unauthorized use or unauthorized access to his personal space.

For more information regarding the use of personal data by the Operator, please read the Privacy Policy (the “Charter) carefully. You can consult this Charter at any time on the Site.

 

HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of the resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use third-party sites at his own risk or, where applicable, in accordance with the conditions which govern them.

  • The Customer acknowledges that the Operator does not control or contribute in any way to the development of the conditions of use and / or the content applicable to or appearing on these third-party sites.
  • Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
  • In addition, the Customer acknowledges that the Operator cannot endorse, guarantee, or take over all or part of the conditions of use and / or the content of these third-party sites.
  • The Site may also contain promotional hypertext links and / or advertising banners referring to third-party sites not published by the Operator.
  • The Operator invites the Customer to notify him of any hypertext link on the Site which would allow access to a third-party site offering content contrary to the laws and / or morality.
  • The Customer may not use and / or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.

 

REFERENCES 

The Customer authorizes the Operator to mention the Customer’s name, its logo as a reference in its communication media (brochure, website, commercial proposal, relations with the press, press release, press kit, internal communication, etc.).

 

GENERAL PROVISIONS 

 

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all of the rights and obligations of the Company and the Operator relating to their purpose. If one or more stipulations of these General Conditions were declared invalid in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not invoke a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on his part to avail oneself in the future of such a failure.

 

MODIFICATIONS OF CONDITIONS

The Operator reserves the right to modify the content of the Site or the services available on it at any time and without notice, and / or to temporarily or permanently cease to operate all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site. IN THE EVENT OF MATERIAL MODIFICATIONS AND IN THE ASSUMPTION OF CONTINUOUS / CURRENT SERVICE PROVISIONS, THE USER WILL BE INFORMED BY EMAIL AND A NOTICE ON THE SITE BEFORE THE IMPLEMENTATION OF THE MODIFICATION.

The Customer acknowledges that the Operator cannot be held liable in any way whatsoever towards him or any third party as a result of these modifications, suspensions, or cessations.

The Operator advises the Customer to save and / or print these General Conditions for safe and durable storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

 

COMPLAINT – MEDIATION

In the event of a dispute in relation to the ‘product or services’, parties shall use best efforts to resolve it amicably. In the event of a dispute, you must first contact the company’s customer service by writing an email to support@theagrob.com

In the event of failure of the complaint request to customer service or in the absence of a response from this service within fourteen (14) business days, the Customer may submit the dispute relating to the order form or to these GTC. ‘opposing the Operator to the following mediator: Harsh UPADHYAY, founder of AGROB @ harsh@theagrob.com.

The mediator will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator. If this is not successful, the courts of Paris, France will be the competent court to resolve the dispute.

 

APPLICABLE RIGHT

These General Conditions are governed, interpreted, and applied in accordance with French law.

 

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Conditions.

By registering on the Site, the Customer confirms having read and accepted the General Conditions, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to date can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which may be made by the Operator does not apply. ‘will not apply to any order placed previously, except with the express agreement of the Customer at the origin of a given order.