Terms & Conditions

The internet site refarmshop.com is published and managed by reFARMERS, a French company incorporated as a “SociétéAnonyme par Actions”, registered in Lyon under the 810 845 412 number, VAT number FR27810845412m having a principal place of business at 344, rue André Philip, 69007, Lyon, France and designated in this document as “REFARMERS”.

1. General conditions

1.1. The following terms and conditions are offered by REFARMERS exclusively to hobby growers, non-profit organisations as well as professional growers whose intention is to directly use the equipment themselves for commercial or research purpose. In the event the buyer makes another use of the equipment such as re-selling it, REFARMERS reserve the right to apply the appropriate Terms & Conditions if they existed at the time of the sale.

1.2. The terms and conditions detailed in this document apply in their entirety to all sales of equipment by REFARMERS to the buyer. No other terms and conditions shall be deemed applicable, except with our prior and explicit consent.

1.3. REFARMERS and the buyer acknowledge that:

  • they have had an opportunity to review this agreement;
  • provisions of this agreement are reasonable when considered as a whole.

1.4. By placing a purchase order with REFARMERS, the buyer agrees fully to these Terms & Conditions.

1.5. REFARMERS reserve the right to modify these Terms & Conditions at any time. Applicable Terms & Conditions are those available on our e-shop at the time the buyer makes their purchase order, or sent by mail or e-mail sent to the buyer prior to order confirmation.

1.6. REFARMERS reserve the right not to fulfil a purchase order or to apply specific Terms & Conditions in case the Buyer has a record of late payments, is known to be insolvent or places an order in bad faith.

2. Account

2.1. In order to place an order with REFARMERS and on refarmshop.com, the buyer needs to open an account and provide the following information:

  • ID and password, which will be asked for each connection to the buyer’s account and to place an order
  • Name
  • Billing address
  • Delivery address
  • Phone number
  • Email
  • For professionals: name of organization, legal status, address of main place of business, registration number and VAT number, name and title of legal representative
  • Agreement with these Terms and Conditions

2.2. It is the buyer’s obligation to provide full and accurate information. Your ID and password give you access to your account. They are strictly personal and should not be shared with third parties. It is your obligation to inform us as soon as you learn that either someone else could get access to your account, or you have suspicions someone might have access to your account. After clicking the “sign up” button, you will receive a registration confirmation by email.

2.3. We reserve the rights to delete your account without any compensation if you happened to breach any of the provisions of these Terms and Conditions, or as a consequence of frauds you would have perpetuated. In the former case, we would give you a warning and 30 days to comply before deleting your account.

2.4. In the event that users of refarmshop.com have the possibility to publish content: they bear full responsibility for the content they publish. This content must not affect the rights of third parties. Refarmshop has no obligation to keep any content you may have published, like comments or product evaluations.

2.5. You grant us, and we accept, a permanent, free and worldwide license, with the right to grant sub-licenses, for publication, reproduction and broadcasting, within refarmshop.com, of content mentioned in article 2.4. This license does not mean any obligation for us to exercise these rights.

2.6. You have the obligation to refrain from causing any trouble on refarmshop.com, and from any usage of data available on this internet site, beyond solely reading or watching it. Any fraudulent behaviour aiming at obtaining undue payments or other benefits to our disadvantage or the disadvantage or other users of refarmshop.com will result in your account being deleted.

2.7. Each customer can only open one account. We reserve the right to delete multiple registrationswithout notice or to require customers to do so. We also reserve the right to modify without notice any content that would breach any of the provisions detailed in articles 2.1. to 2.6.

2.8. Registration with refarmshop.com is free and can be terminated at any time, by sending an account termination request to contact@refarmshop.com

3. Downloading and reviewing our terms & conditions

3.1. You may review these Terms & Conditions at any time on refarmshop.com. You can print out or save this document. In addition, you can save the description of your order on refarmshop.com with your browser or from the confirmation email that is automatically sent after your purchase to the email address you provided. This confirmation features the references of your order as well as a link to our Terms & Conditions. It can be saved or printed out through your email service.

3.2. Your order details are saved in our system. Every customer has access to their account, which s protected by a password. Once your account has been created, you can review past, current or recently dispatched orders, as well as manage and save all your personal details (address, phone number, bank details), subscribe or unsubscribe to our newsletter. You have the obligation to keep your ID and password confidential and not share them with third parties.

4. Sales agreement

4.1. On refarmshop.com, agreements are exclusively written in English. Customers under 18 years of age may only place an order with explicit authorization from their legal representatives.

4.2. Sales proposals are only valid if they are presented on refarmshop.com and under conditions of stock availability. If the products you wished to order is not available, we will inform you by email as soon as possible and offer you to cancel your order. If your order had already been processed, we would reimburse you within thirty (30) days. Beyond this date, we would have to pay interests based on the French legal rate applying to this situation.

4.3. After selecting products, you have to fill in the order sheet, and click on the “next” button. You then have the ability to review and modify your order. By clicking the “confirm” button, you formally confirm your order of all products placed in your basket. This action also expresses your agreement with our Terms & Conditions. You can save or print your purchase order. You will then receive an automatic order confirmation sent to the email address you provided.

4.4. Your order confirmation constitutes acceptance of prices and descriptions for products you placed in your basket, and a purchase offer. It is however subject to acceptance by us, and product availability. We reserve the right to refuse service, or to offer different Terms & Conditions, to customers with a payment problem track record, ore that we know to be insolvent, or in the event of an order made in bad faith.

4.5. If we accept your order, we will send an order confirmation that will create a contract between us (digital contract formation, according to article 1369-1 etseq of the French Civil Code). This confirmation mentions the customer’s order, the exact amount, and the applicable Terms & Conditions. By saving and/or printing this confirmation, customers can prove their order. Every order that we accepted and confirmed is deemed final. It can only be cancelled with our prior and written consent, or in the event of late delivery as detailed in Section 7.

5. Prices & Taxes

5.1. We reserve the right to modify prices at any time. Prices applicable are in any case those given on refarmshop.com at the time of the purchase order.

5.2. Buyer will pay all applicable taxes, inspection fees, and import or export duties. Buyer will reimburse REFARMERS for any such items REFARMERS pays on Buyer’s behalf.

5.3. Prices of all freight, transportation, insurance and shipping depend on destination, and will be detailed on the proposal sent by REFARMERS to the buyer.

6. Payment

6.1. Invoices are submitted to Buyer and paid upfront, except with our written and explicit consent. We have no obligation to deliver products that have not been fully paid for. As a general rule, we offer no discount for upfront payment.

6.2. Payment is only acceptable by

  • Visa orMastercard on refarmshop.com
  • paypal
  • check from a French bank account (write check to REFARMERS, and send to REFARMERS, 344, rue André Philip, 69 007 Lyon, FRANCE).
  • bank transfer: Beneficiary : REFARMERS, 344, rue André Philip, 69 007 Lyon, France - IBAN : FR76 1780 6001 6904 1103 0408 660 - BIC : AGRIFRPP878 - Bank address: CA Centre-Est, Lyon Gerland-Jaurès (00169), phone : +33 (0) 4 78 58 09 37

All costs arising from the payment by bank transfer and charged by financial institutions are borne by the Buyer; transfers within the Single Euro Payments Area (SEPA) are free of charge. 6.3. Payment shall only be deemed complete after actual receipt of the amount due. If payment is made from a country outside the European Union, all costs arising shall be borne by the Buyer.

6.4. If REFARMERS grants delayed payment to the Buyer:

  • This will be as an exception and will not apply to future orders. Specific Terms & Conditions may be cancelled at any time, because of the Buyer’s financial situation, because the Buyer did not fulfil their commitments or any other reason.
  • The equipment's ownership is only transferred to the Buyer upon reception by REFARMERS of full payment.
  • If the Buyer fails to pay within the agreed period, a 40 € penalty fee will be applied, as well as a penalty charge, based on a 15% yearly interest rate on the amount due by the Buyer. In addition, all payments still owed by the Buyer to REFARMERS, including those that may not have reached their due date, become immediately due. In addition, REFARMERS reserve the right to put on hold or cancel any pendingorders.
  • Any discount at the Buyer’s initiative shall be deemed payment default.
  • In the event of a dispute between REFARMERS and the Buyer, payment is still due according to agreement made at the time of the sale.
  • If REFARMERS has to file a legal claimto recover payments due, the Buyer will have the obligation to reimburse all associated expenses to REFARMERS.
  • If a payment due is not made within the 3 weeks following the order confirmation, and despite one or several email reminders (the first of which is usually sent 6 days after the purchase order), we have the right to terminate the contract and cancel the order.

6.5. You agree to exclusively receive your invoices in a digital format.

7. Shipping & delivery

7.1. We deliver ZipGrow products exclusively to the following countries: Ireland, UK, Netherlands, Belgium, Luxemburg, France, Spain, Portugal, Italy, Germany, Austria, Poland, Czech Republic, Slovakia, Hungary, Romania, Bulgaria, Greece, Estonia, Lithuania, Latvia, Slovenia, Croatia, Switzerland, Lichtenstein, Norway, Denmark, Sweden, Finland, Malta, Andorra, Monaco, San Marino and the Vatican, Algeria, Morocco, Tunisia, Turkey, Albania, Macedonia, Montenegro, Serbia, Bosnia and Herzegovina, Kosovo, Belarus, Moldova, Ukraine, Russia. We reserve the right to cancel or refuse any order with delivery outside of these countries.

7.2. REFARMERS will ship purchased equipment in the 15 working days following reception of payment by the Buyer.

7.3. Delivery time given by us is for information only, and does not constitute an obligation for us to deliver within this time frame.

7.4. In the eventan order was not delivered within 30 days after order confirmation, the Buyer has the obligation to inform us, and give us reasonable additional time to deliver. If products are still not delivered within this additional time, the sale is cancelled and the Buyer fully reimbursed.

7.5. Buyer will provide REFARMERS with comprehensive delivery information, including exact address and opening hours.Any costs arising from a different delivery than at the door of address as specified by Buyer, or from the inability for transporter to deliver at this address will be borne by the Buyer.

7.6. If we are prevented from complying with the contract by reason of force majeure, by any fortuitous event as developed by the case law of French Justice, or by any external independent cause, and in particular a fault attributable to the Buyer, delivery time is extended by the duration of the said cause. We will inform you of the occurrence and end of such events. If the duration exceeds four (4) weeks, each party may terminate the contract, and the Buyer will not be entitled to any compensation.

7.7. Ownership is transferred to buyers when they take reception of delivery.

8. Right of withdrawal for hobby growers and small companies with no more than 5 employees

8.1. By law, an individual or a company with no more than 5 employeeshas a right of withdrawal from an online purchase within 14 days without any motive. The period expires 14 days after the day when the Buyer, or a third party other than the carrier hired by the Buyer takes reception of the products. To exercise this right, the Buyer has to explicitly notify REFARMERS by email sent to contact@refarmshop.com or mail sent to REFARMERS, 344, rue André Philip, 69007 Lyon.

8.2. Shall the Buyer exercise this right:

  • We will reimburse all payments received from you, including shipping costs (except costs associated with specific delivery you may have required, and in any case all costs above the lowest shipping costs we offer), no later than 14 days after the day we were informed of your decision to withdraw. We will reimburse you using the same payment channel as you did, except if you explicitly require otherwise. The Buyer shall not bear any cost for reimbursement. We may delay reimbursement until we receive the goods, or until you provide us with the proof of shipping the goods back to us.
  • You must return the goods to us no later than 14 days after the day you informed us of your decision to withdraw and we in return gave you the address to which send the goods back. We will bear the costs of return.
  • You can also use the withdrawal sheet available in your account on refarmshop.com. If you do so, we will send you a confirmation email.
  • You have the obligation to take care of the goods that you choose to return. In case of damage caused by your handling the products, other than for inspecting them upon delivery, we would be entitled to compensation.

9. Inspection and rejection for professional buyers with 6 employees or more

9.1. Upon delivery, if the equipment is faulty, does not meet the description given in REFARMERS’ latest proposal or on refarmshop.com,or was damaged during transport, the buyer can reject it under the following conditions:

9.2. After inspecting it and before the end of day following the day of delivery. After that time, the equipment will be considered accepted by Buyer.

9.3. Upon rejection of the equipment, the Buyer will first specify the basis of the claim and send photos of defect or damage to REFARMERS. If REFARMERS accept rejection and notifies the Buyer:

  • the Buyer must return the rejected equipment within the 14 days following REFARMERS notification, otherwise equipment will be considered accepted, even if Buyer initially notified rejection. Shipping costs will borne by REFARMERS,
  • REFARMERS will return any payment to Buyer for equipment that has been rejected by the Buyer.

9.4. REFARMERS reserves the right not to accept rejection if claims made by the Buyer are not proved by the photos or do not meet the conditions stated above.

10. Ownership and risk transfer

10.1. We retain ownership of products until full payment, even if this occurs after delivery.

10.2. If full payment was made prior to delivery, ownership is transferred to the buyer upon delivery.

10.3. Risk of damage or loss shall be borne by the buyer:

  • From the time of delivery if shipping was managed by REFARMERS
  • From the time the carrier loaded products if shipping was managed by the Buyer

11. Warrantie and limitation of refarmers' liability

11.1. All descriptions, specifications, and illustrations of the equipment provided by REFARMERS are intended for general guidance only, and do not guarantee any level of performance which depends on appropriate and skilled use.

11.2. Images, videos and texts associated with the products on refarmshop.com are for information only. We do our best to communicate accurate information, and reserve the right to modify content at any time without prior notice. However we shall not be held responsible for omissions, inaccuracies and errors, and any damage caused by a third party fraudulently accessing our content management system and modifying our site content.

11.3. REFARMERS shall not be held liable in the event the equipment is not properly stored by the buyer or is used under different conditions than those presented on REFARMERS communications (refarmshop.com, other websites, leaflets etc.).

11.4. REFARMERS disclaims all implied warranties (other than good title) with respect to equipment including, but not limited to, any warranty of fitness for a particular use, or non-infringement.

11.5. The buyer will protect REFARMERS against any actions from third parties that may result from relationships between these third parties and the buyer. The buyer will cover all and any costs that REFARMERS would face, whether for defending its interests in the process of litigation or as penalty charges or compensation.

11.6. REFARMERS’s sole liability to Buyer for non-conforming equipment will be the difference between the agreed price and the actual market value of the equipment at the time of delivery. Under no circumstances will REFARMERS be liable for consequential, punitive, exemplary, or incidental damages resulting from nonconforming equipment.

11.7. The buyer may not hold REFARMERS responsible for commitments the Buyer takes with their own customers. Under no circumstances can REFARMERS be held responsible for any legal liability that may rise from the breach in contract between the buyer and their own customer involving the equipment, the place or time of its delivery to the Buyer.

11.8. In any cases, REFARMERS liability is limited to direct and predictable damage exclusively experienced and justified by the buyer.

11.9. Using refarmshop.com is the sole responsibility of the user. We shall not be held responsible for any damage or virus that may affect the user’s digital data, software or hardware caused by their visiting and using our internet site, and downloading any content from our site.

13. Intellectual property

13.1. All the content from the internet site refarmshop.com is protected by French and International regulations on intellectual property. All reproduction, broadcasting and performing rights are reserved. Reproduction, broadcasting and performing requires prior and explicit consent from REFARMERS. Any breach of this rule shall constitute an infringement and may carry civil and criminal penalties. We grant you a limited, non-exclusive license with no right to sub-license on all of refarmshop.com content to access and visit the internet site. This license does not give you any other right, in particular no right to use this content for commercial purposes.

13.2. Brands, logos and trademarks featured on refarmshop.com are protected by French and International regulations on intellectual property. Reproduction, broadcasting and performing rights for any of these brands, logos and trademarks are subject to prior and explicit authorization by their owners.

14. Force majeur & waiver of breach

14.1. REFARMERS cannot be held liable for unintentional breaches of contract caused by events outside of our control (shipping accidents, fires, wars, floods, acts of Godetc)

14.2. If one party breaches any provision of this agreement, the agreement is not voided and parties are still tied to their obligations as defined in this document.

14.3. The Buyer may not assign their duties to another party without written consent by REFARMERS.

14.4. The laws of the French Republic shall govern all legal matters relating to the relationship between REFARMERS and the Buyer.

14.5. In the event of a dispute between REFARMERS and the Buyer which we are unable to resolve ourselves, mediation will be attempted with assistance of a third party specialized company.No lawsuit would be acceptable before mediation has been tried. In the event mediation is not successful, the only acceptable jurisdiction for any lawsuit will be the French Republic.

Thanks

It is essential that our customers clearly understand and agree with the above Terms & Conditions. If you need clarification, please contact: contact@refarmshop.com