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Terms And Conditions (Terms To Use)



AGRICOLA GLOBAL LTD – WEBSITE USER AGREEMENT

 

  • About our Terms
    • These Terms explain how you may use this website (the Site).
    • References in these Terms to the Site includes all associated web pages.
    • You should read these Terms carefully before using the Site.
    • By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
    • If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
    • If you have any questions about the Site, we will answer as soon as reasonably practicable; please contact us by:
    • Defination
      • Buyer -- Means a party that submits an order for goods or products via the Site.
      • Consume -- a person who purchases goods / products for personal use
      • Content -- means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site.
      • Terms -- means these terms and conditions of use as updated from time to time under clause 10.
      • Unwanted Submission --  has the meaning given to it in clause 4.1.
      • Acceptable use policy -- means our acceptable use policy, which governs your permitted use of the Site.
      • Cookie policy --  means our cookie policy, which governs how we use cookies in the Site.
      • Privacy policy -- means our privacy policy, which governs how we process any personal data collected from you.
      • Seller -- means a party that is selling goods or products via the Site.
      • Site -- this Website www.agricolaglobal.com.
      • User(s) -- means anyone using the Site whether a Buyer, Seller or otherwise
      • We, us or our -- means Agricola Global Limited, company registration number 09902864 ; and the registered office of which is at 2nd floor, 21a George Street, Croydon, CR0 1LA, and
      •  You or your -- means the person accessing or using the Site or its Content.
    • Your use of the Site means that you will comply with these terms and condition together with our Acceptable use policy, our Privacy policy and our Cookie policy where applicable.
  • Using the Site - GENERAL
    • This Site is a marketplace that allows international sellers to advertise their goods and products to international buyers.You specifically acknowledge that:
      • Transactions for goods and products are between the buyer and the seller alone and we are only supplying a platform to allow the transaction to take place.
      •  We do not have possession of any goods or products that are advertised on the Site.
      • We do not have any responsibility for the quality of any goods that are supplied.
      • We are not responsible for the transportation or delivery of any item purchased on the Site.
      • We do not receive monies paid for goods and products sold on the site.
    • Site Users are wholly responsible for ensuring that details entered onto the Site are accurate. We do not accept any responsibility for errors and omissions in the details entered onto the Site or as may be sent to us directly. 
    • Users agree that they are solely responsible for:
      • all costs and expenses they may incur in relation to their use of the Site, and
      • keeping their password and other account details confidential.
    • Information pertaining to fees payable to us can be found at subscription page. Any information pertaining to the price of an item or the costs of delivery shall be as set out in the item listing.
    • The Site is designed for use by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws and regulations where they are applicable.You understand  that the importation or exportation of certain goods may be prohibited by certain national and international laws.We make no representation and accept no liability in respect of the legality of the import or export of the goods sold or purchased on the Site.
    • We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected] and/or use the contact form on the Site.
    • We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.You agree to indemnify us for any liability and/or loss arising (including legal costs) in  respect of any breach of these Terms or your breach of any law or the rights of a third party.
    • Any User of the Site agrees to use “English” as the language for all communications, whether in respect of orders, disputes or otherwise.
    • Reviews may be posted in respect of Buyers and Sellers at any point in time.  However, in the event of a dispute, reasonable care should be taken to resolve the dispute prior to posting a poor review.  We reserve the right to suspend the posting of  poor review if in our opinion, We feel that insufficient efforts have been spent attempting to resolve a dispute.
  • USING THE SITE - BUYERS
    • When choosing to buy an item you acknowledge that you are responsible for reading and understanding the entire Seller listing related to the item and its delivery before committing to purchasing the item. 
    • You understand that by clicking “BUY”, You are entering into a legally binding contract between You and the Seller, to purchase and have an item delivered.  Monies paid for a transaction shall be held on trust for the Buyer until they receive satisfactory  delivery of the goods.
    • You understand that you are solely responsible for complying with all laws and regulations applicable to your transaction and acknowledge that this may be of an international nature depending on the location of the seller. It may also be outside of the  European Union.
    • You acknowledge that any variation in the quantities of the items ordered within five (5) percent above or below the quantity specified in the order will not be regarded as a failure of the Seller to supply the items ordered.
    • You agree that at your own cost, you will provide to the Seller, or assist the Seller, in procuring any documents necessary under applicable laws and regulations for the Seller to export the items to the delivery location. 
    • Buyers agree to thoroughly check any shipment of goods at the point of delivery. In the event that delivery is being taken at a port, then where applicable, you should ensure that local certification is provided by the authorities prior to their release from port. 
    • If goods are faulty, unfit for human consumption or local port certification is not so granted, then written evidence (and photographic evidence where possible) should be supplied to Us and the Seller via the returns form as soon as possible and in any event within [2] days of delivery. A refund for the cost of the goods (and reasonable return delivery or destruction charges will ordinarily be available in these circumstances  upon agreement). 
    • Commercial Buyers simply wishing to return satisfactory items (i.e. change of mind):
      • Must notify Us and the Seller in writing using the returns form and in any event within [2] days of delivery.
      • Must not unpack the goods nor tamper with the packaging
      • Understand that any return must be received by the Seller in similar condition to when it was delivered. The Buyer shall bear the costs and risks of return. 
      •  Understand that if items are fresh produce, then a return and/or a refund may not be possible given the perishable nature of the product.
    • Consumer Buyers simply wishing to return satisfactory items it will vary and depends on goods stage.
      • May cancel their contract with the Seller for the goods ordered at any time up to the end of the fourteenth working day from the date of receipt of the ordered goods;
      • Must notify us and the Seller immediately in writing using the returns form
      • Do not need to give any reason for cancelling the contract nor will you have to pay any penalty unless your withdrawal would result in the goods having declined in quality to the extent that they would be unsaleable by the time they arrived  back to the Seller; 
      • Must not unpack the goods nor tamper with the packaging. The Buyer will be responsible for the costs and risk of return delivery.
    • You understand that refunds for costs and charges shall only be processed once the goods have been received by the Seller and a reasonable opportunity given to process the claim.  If returning satisfactory items, there is an expectation that the good  will be in satisfactory and resaleable condition upon receipt.
  • USING THE SITE – SELLERS
    • You warrant that you have the legal right to sell the items you list.
    • You understand that you are entering into a legally binding contract between you and the Buyer, to sell and deliver an item.  Payment for items is conducted via a payment gateway.
    • You are solely responsible for the price, costs, delivery information, accuracy, content, quality and legality of listed items and agree to comply with all regulations, codes and good practice related to the advertising of the products you list.  You will list a functional and well-attended email address for the resolution of disputes with Buyers.
    • Products prohibited from being listed and/or sold via the Site include (but is not limited to): Banned  Agrochemicals, Drugs and narcotics, products derived from humans, pornographic materials, obscene materials that may be considered racist, sexist, abusive and/or intimidatory.
    • We reserve the right to remove any listing which We feel is inappropriate for any reason and shall notify you with reasons should this be the case. 
    • You warrant that to the best of your knowledge items sold are NOT associated with any child labour, involuntary labour, human trafficking, slavery or similar illegal practices.
    • You understand that you (and your supply chain) are solely responsible for complying with all laws and regulations applicable to your transaction and acknowledge that this may be of an international nature depending on the location of the buyer. This includes compliance with any tax legislation that applies to the transaction. 
    • You acknowledge that payment will be held on trust for the Buyer in Our Payment Gateway until the items are delivered in a satisfactory condition.
    • The Seller warrants that the Goods will:
      • conform in all material respects to their listing on the Site; and
      • be of satisfactory quality.
    • The Seller agrees that it will provide to the Buyer, or assist the Buyer, in procuring any documents necessary under applicable laws and regulations for the Buyer take delivery of the goods to the delivery location in the required country.  Any issues wit  delivery must be raised promptly with the Buyer. 
    • Risk in the goods will pass to the Buyer when they are delivered to the carrier engaged by the Seller to transport the goods to the Buyer’s delivery location. You will ensure that sufficient insurance is in place to cover your items appropriately for the delivery options offered to Buyers.
    •  Title to the goods will pass to the Buyer once the Seller has received payment in full and cleared funds for the goods. Until title passes, the Buyer will store the items separately from other material in the Buyer’s possession, keep the goods in the  condition in which they were delivered, insure the goods and take all reasonable care of the  goods until payment is received by the Seller.
    • You acknowledge and agree to comply with the cancellation/returns policy outlined in this agreement and agree to act reasonably in all requests for a return and/or refund. 
    • Intellectual Property related to Products and Goods: Given the nature of this website, trade marks and trade names will likely be used on this Site that are associated with goods and/or products for sale.  Intellectual property rights linked with any goods /  products for sale on this Site shall remain with the owners of those rights. Any entity advertising their goods for sale on the Site warrants that they have the right to do so and grants a non-exclusive, worldwide, royalty free, irrevocable, licence to Agricola Global Limited in order that goods and products may be advertised accordingly whether on the Site or in associated communications.  You agree to fully indemnify us for costs and losses arising in respect of any breach of third party intellectual property rights.
    • You warrant that you have complied with and will continue to comply with the provisions of the Bribery Act 2010 and any similar international legislation.
  • Ownership, use and intellectual property rights
    • This Site and all intellectual property rights in it are owned by Agricola Global Limited. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).  We reserve all of our rights in any intellectual property in connection with these Terms and our Site. This means, for example, that we remain owners of them and free to use them as we see fit. 
    • Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices)  and in particular in any digital rights or other security technology embedded or contained within the Site.
    • You agree to fully indemnify us for costs and losses arising in respect of any breach of our rights under this clause 3.
  • Submitting information to the Site
    • While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable  ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
    • We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
  • Accuracy of information and availability of the Site
    • While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information  on this Site is at your own risk.
    • We may suspend or terminate operation of the Site at any time as we see fit save that any monies held in a payment gateway shall be held on trust until the transaction has concluded or until properly returned to the appropriate party.
    • Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
    • While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

 

  • Hyperlinks and third party sites 
    • The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
  • Limitation on our liability
    • Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury arising through negligence), We and/or the Seller are not legally responsible for any:
      • Indirect, special or consequential loss or damage,
      • losses that:
        • were not foreseeable to you and us when these Terms were formed, or
        • that were not caused by any breach or omission on our part
      • business losses,
      • loss of profits or revenues, and
      • losses associated to cybercrime or similar attack.
    • Save in respect of liabilities and losses that cannot be excluded by law, you acknowledge that our total aggregate liability under or in connection with our agreement with you, whether arising in tort (including negligence), contract or in any other manner will not exceed ;.
    • Nothing in these Terms is intended to limit any consumer rights under applicable English law or other statutory rights that may not be excluded. 
  • Events beyond our control
    •  A party shall have no liability for any breach of these Terms caused by any event or circumstance beyond their reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes, breakdown of systems or  network access; third party delays, or flood, fire, inclemental weather, explosion or accident.  In the event any such event should arise, the affected parties shall notify each other as soon as practicable notifying them of all relevant information, impact on the transaction and proposed next steps.
  • Rights of third parties
    • No one other than a party to these Terms has any right to enforce any of these Terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
  • Variation
    • No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms  from time to time to verify such variations.
  • No Agency
    • No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement.
  • Survivorship
    • Clauses relating to liability, dispute resolution and intellectual property shall survive termination or expiry of this Agreement.
  • Invalidity
    • If any part of the Terms of this Agreement is unenforceable, the enforceability of any other Term will not be affected.
  • Entire Agreement
    • This Agreement and all policies posted on the Site are the entire agreement between the parties and supersedes all prior understandings and agreements between us.
  • Disputes between Buyers and Sellers
    • In the event of a dispute, the Buyer and the Seller agrees to attempt in good faith to negotiate a settlement in respect of a goods / products transaction entered into via the Site.  You both agree to keep Us informed of the outcome of the negotiation. 
    • Nothing in this procedure shall prevent the Buyer and Seller from seeking from any court of competent jurisdiction an interim order restraining the other party from doing any act or compelling the other party to do any act.
    • If the parties cannot resolve their dispute through negotiation, then the dispute shall be referred to mediation.  If the Buyer and Seller reach agreement on the resolution of the dispute through mediation, the agreement shall be recorded in writing and this shall be binding between them both once signed by their duly authorised representatives.
    • If the Buyer and Seller fail to reach agreement through mediation within 30 calendar days of the mediator having been appointed (or such longer period as may be agreed by the parties) then any dispute between them may be referred to the Courts. 
    • Buyers and Sellers agree to keep Us informed of the outcome of any dispute.
    • Where both a Consumer and a Buyer are based in the EU, then they may additionally seek to resolve their disput  via the European Union Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr
  • Disputes in respect of the Site
    • If you are unhappy with this Site,  please contact us as soon as possible by email to  [email protected] or via the contact form on the Site.  In the event of a dispute with Agricola Global Limited, parties agree to use their reasonable endeavours to resolve any dispute in an amicable manner.
    • If you wish to take court proceedings, the relevant courts of England will have exclusive  jurisdiction in relation to these Terms.  Legal Notices must be sent to us at 2nd floor, 21a George Street,Croydon, CR0 1LA marked clearly for our attention and marked “URGENT”.
    • English law will apply to these Terms.

 

 

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