GTCs
1 INTRODUCTION
These Terms (together with the documents referenced herein) set forth the terms and conditions that govern the use of the Website (https://plaentz.com/) and the purchase of products and NFT's through the Website (hereinafter "Terms") by consumers. You should read these Terms, our Cookies Policy, and our Privacy Policy (collectively, the "Privacy Policy") carefully before using the Website or purchasing any Product. By using this Website, you agree to these Terms and our Privacy Policy. If you do not agree to the Terms and Privacy Policy, you may not use this Website.
Unless otherwise described, purchases made through this website include the purchase of products (NFT's) and related services (assignment of a plant, its care, etc.). These purchases are governed by the specific terms and conditions of the particular grow room on sale.
If you have any questions about the current room-specific terms, conditions, or privacy policy, please feel free to contact us through our official channels and communities.
2 OUR DISCLOSURES
The sale of goods through this website is made by Plåntz (Plåntz AG i.G.), a Swiss company with its registered office in Zug - email address [email protected].
3 COPYRIGHT AND DATABASE RIGHTS
All content included on or provided through the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of Plåntz or third parties providing content to or through the Website and is protected by international copyright and database right laws. The entire content included in or made available through the Plåntz Website is the exclusive property of Plåntz and is protected by Swiss and international copyright and database right laws.
You may not systematically extract and/or re-utilize parts of the Plåntz Website without our express written consent. In particular, you may not utilise any robot or similar data gathering and extraction device to extract (whether once or many times) any substantial parts of the Plåntz Website for re-utilisation without Plåntz's express written consent. You also may not create and/or publish your own database that features substantial (e.g., list of our prices and producers) parts of the Plåntz Website without Plåntz's express written consent.
4 TRADEMARK AND BRAND RIGHTS
Plåntz's graphics, logos, headers, button icons, scripts and service names contained on or provided through the Plåntz website constitute Plåntz's trademark and trade dress rights. Plåntz's trademark and trade dress rights may not be used in connection with any product or service that is not Plåntz's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Plåntz. All other trademarks and marks not owned by Plåntz that appear on the Plåntz website are the property of their respective owners, who may or may not be affiliated with or sponsored by Plåntz.
5 YOUR INFORMATION AND USE OF THIS WEBSITE
The information and personal data you provide will be processed in accordance with the Privacy Policy. By placing an order through this website, you consent to the processing of the information and data and represent that all information and data submitted is accurate and correct.
If you use the Plåntz Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and to the extent permitted under applicable law, you agree to be responsible for all activities that occur under your account or password. You should take all steps necessary to ensure that your password is kept secret and secure, and you should notify us immediately if you have reason to be concerned that a third party may have knowledge of
your password or if the password is used in an unauthorized manner or if this is likely. We reserve the right to deny you services on the website or to close member accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our policies.
6 REVIEWS, COMMENTS, COMMUNICATION AND OTHER CONTENT
Plåntz website users may post reviews, comments and other content, send e-cards and other communications, and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any other content. We reserve the right to remove or edit such content. If you believe that your intellectual property rights are being infringed by any article or information on the Plåntz Site, or if the content is offensive, please notify us by sending an email to [email protected] and attach the relevant excerpt of the content.
Except as otherwise provided herein, when you post Content or submit materials to the Site, you grant Plåntz: (a) a non-exclusive, royalty-free, sublicensable, and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media; and (b) Plåntz and its sublicensees and transferees the right to use the name that you submit in connection with such Content. Moral rights are not transferred by this provision.
You agree that the rights you have granted above are irrevocably granted throughout the term of protection of your intellectual property rights related to such content and materials. You agree, at our request, to take all further actions necessary to perfect any of the above rights you have granted to Plåntz, including the execution of formal documents and records.
You warrant that you own or otherwise control all of the rights to the content that you author; that, as of the date that the content and materials are provided: (i) the content and materials are accurate; and (ii) use of the content and materials you provide does not violate any applicable Plåntz terms, conditions, or policies and will not cause injury to any person or entity (including that the content or materials are not defamatory). You agree to indemnify Plåntz against all third party claims brought against Plåntz arising out of or in connection with the content or materials you have provided.
7 OTHER COMPANIES
In addition to Plåntz, third parties also edit the content, also provide services or sell their products on this website. We also provide links to sites of affiliated companies and certain other companies. We are not responsible for any investigation or evaluation of these offerings or sites, and we do not warrant the offerings of these companies or individuals or the content on their websites. Plåntz assumes no responsibility or liability for the actions, products, and content of all these or any third parties. You will be notified if a third party is involved in your business transaction and we may share your information regarding that business transaction with that third party. You should carefully read their privacy statements and other terms of use.
8 PLÅNTZ' ROLL
Plåntz allows third party sellers (the NFT Holders) to list and sell their products (NFTs) on the Website in the Marketplace. Even though Plåntz enables transactions on the , Plåntz is neither the buyer nor the seller of these NFTs. Plåntz provides a space and tools for buyers and sellers to complete transactions and fulfill their respective obligations. As such, the contract that is formed when these third-party items are sold is solely between the buyer and the seller. Plåntz is not a party to the contract and therefore assumes no responsibility for that contract. Plåntz is also not the seller's representative. The Seller is responsible for the sale of the Products, any complaints from the Buyer and all other matters arising from the agreement between the Buyer and the Seller. As Plåntz wishes to provide the buyer with a safe shopping experience, Plåntz guarantees the customer all legal or contractual rights.
9 USE OF OUR WEBSITE
By placing an order through this website, you agree:
i.To use the website exclusively for lawful inquiries and orders.
ii.Not to place false or fraudulent orders. If we have a reasonable basis to believe that such an order has been placed, we have the right to cancel the order and notify the appropriate authorities.
iii.Provide us with your correct and complete email address, postal address and/or other contact information and you further agree that we may use this information to contact you, if necessary, in connection with your order (see our Privacy Policy). If you do not provide us with all the information we require, you will not be able to place an order.
By placing an order through this website, you represent that you are at least 18 years of age and may enter into legally binding contracts.
10 SERVICE AVAILABILITY
The products offered on this website (NFT and hemp products) are only available for delivery to certain countries, which can be selected during the purchase process.
10.1 AVAILABLE COUNTRIES
People from the People's Republic of China and Vietnam, from now on (October 21, 2023, 7:19 p.m.) no NFT purchases or purchases of any kind can be made PLÅNTZ A.S. make.
Otherwise, all other countries can make purchases.
11 PLACE AN ORDER
To place an order, you must complete the steps of the online purchase and payment for the products you have selected. You will then receive an email confirming your order (the "Order Confirmation").
12 TECHNICAL OPTIONS FOR ERROR CORRECTION
If you find that there were any errors in entering your personal data in the registration process, you can correct them in the "My account" section.
You may notify us of errors concerning your personal data via the e-mail address [email protected] and exercise the right of correction set forth in the Privacy Policy via the same e-mail address.
This website displays confirmation windows in various sections during the purchase process if the data has not been entered correctly, so that the order process cannot be continued. Before paying for the order, all items added to the shopping cart during the checkout process will be displayed again and can be edited.
If you subsequently find an error in your order, you must notify us immediately. You can do this via the above e-mail address.
13 PRODUCT AVAILABILITY
All orders are subject to availability of products. When all plants from a room (1,000 pcs. each) or all rooms are sold out, the offer will be discontinued and will continue only through the marketplace.
The external sellers (NFT Holder) can decide themselves about the listing of their plant NFT's and the estimated price.
14 DELIVERY
Unless otherwise described, Plåntz coordinates the deliveries or the transfer of the third parties (Not Holder) between the respective Wallets.
Pursuant to these Terms, "Delivery" shall be deemed to have been completed or the Order shall be deemed to have been "Delivered" as soon as you or a third party designated by you comes into possession of the Products, as evidenced by the signing of the Order Receipt and the corresponding Blockchain Snapshot to the agreed delivery address (Wallet).
In addition, we reserve the right to cancel orders by you if reasons and circumstances exist that objectively prevent the processing of the same in the reasonable time. We will inform you about this inability via e-mail. In said case you have the right that your order will be processed and shipped subsequently and without additional costs.
15 TRANSFER OF RISK AND OWNERSHIP
The risks associated with the products are transferred to you from the time of their delivery.
You acquire ownership of the Products when we receive the full amount for all specified quantities in connection with the same, including any fees, or also at the moment of delivery (as defined in clause 14) if this has taken place later.
16 PRICE, PAYMENT AND ADOPTIONS
The final prices depend on the moment you buy the products.
Prices are subject to change at any time, but (except as noted above) changes will not affect orders for which we have already sent you an order confirmation.
Once you have selected all the items you want, they will be added to the shopping cart and the next step is to process your order and make the payment. To do this, you will need to go through the steps of the checkout process, filling in or checking the required information at each step. Likewise, during the checkout process, before you make the payment, you can change the details of your order.
The price of the products will be calculated the moment you click "Pay". You will be asked to provide a credit card or, in some cases, a bank account or other electronic means of payment (such as PayPal) or, in case of payments with cryptocurrencies, your wallet address. During the payment process, you can link your chosen payment method to your account to facilitate future payments.
By clicking "Pay" you confirm that the credit card, bank account or other payment method you entered belongs to you or that you are the legal owner.
To minimize the risk of unauthorized access, your data is encrypted. Credit cards and bank accounts are subject to verification and approval by the issuing bank. If the issuing bank does not approve the payment, we will not be liable for any delays or non-delivery and will not be able to enter into a contract with you.
17 INVOICING
We assume that you are a natural person. At the time of purchase, a receipt is issued in the name of the customer, on which the amount of the purchase is indicated.
If you are placing the order on behalf of a company or legal entity, you may request an invoice from Plåntz upon receipt of the order. Please contact us ([email protected]) so that we can issue and/or adjust the invoice as requested.
18 RIGHT OF REVOCATION AND RETURN
Right of withdrawal
Because plant sites are transferred as NFT, any purchases are exempt from exchange or return.
Of course, products in our own product store are subject to applicable law and thus a right of return of 14 days.
19 LIABILITY AND DISCLAIMER
Unless expressly agreed otherwise, our liability for any product purchased on our website is limited to the purchase price of said product. Subject to the foregoing section, and unless otherwise specified in these Terms, we specifically exclude liability for the following losses:
i.Loss of earnings or revenue
ii.business losses
iii.profit or contract losses
iv.Losses from expected savings
v.Losses of the data transmitted to us and
vi.Loss of administrative or office time
Due to the changeability of this website and the possibility of errors occurring in the storage and transmission of digital data, we cannot guarantee the accuracy of the data transmitted and received through this website, unless the contrary is expressly stated.
20 VIRUSES, PIRACY AND COMPUTER ATTACKS
You will not knowingly misuse this Website by introducing viruses, Trojan horses, worms, logic bombs, or any other software or materials that are harmful or technologically harmful. You will not attempt to gain unauthorized access to this Website, the server on which this Website is made available, or any other server, computer or database related to this Website. You agree not to attack this website by means of a denial of service attack or a distributed denial of service attack. Failure to comply with this clause may constitute the commission of a criminal offense under applicable law. We will report any such breach of these legal requirements to the relevant authorities and cooperate with them to trace attackers. If you violate this clause, your authority to use this website will be immediately revoked. We will not be liable for any damage or loss resulting from a denial of service attack, virus or other software or materials that are harmful or technically damaging to your computer, equipment, data or materials caused while using this website or downloading content from this website or any linked websites.
21 LINKS ON OUR WEBSITE
Subject to the provisions on limitation of liability, we are not liable for the content and design of third-party websites linked to our website. The links are provided for information purposes only. In particular, we do not adopt the content of the linked websites as our own. Furthermore, there is no obligation on our part to regularly check the content of the linked websites. Damages caused by their use are not our responsibility.
22 WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you must be in writing. By placing an order through this website, you accept that most communication with us will be by electronic means, such as email. For contractual purposes, you agree to this form of electronic communication and acknowledge that all contracts, invoices, notices, information and other communications that we provide to you in electronic form shall be deemed to satisfy any legal requirement that such communications be in writing. Your statutory rights are not affected by this provision.
23 ANNOUNCEMENTS
Any notices you send to us should preferably be sent to us via our email address [email protected]. Subject to the Terms, we may provide notices to you either by email or by delivery to your postal address provided to us when you place an order. A notice will be deemed received and properly given from the time you visit our website, within 24 hours after an email is sent, or three days after the mailing date of a letter. In order to prove receipt of sent notices, it is sufficient to provide evidence that - in the case of a letter - such letter was properly addressed, stamped and mailed, and - in the case of an e-mail - that such e-mail was sent to the specified e-mail address of the recipient.
24 TRANSFER OF RIGHTS AND DUTIES
The contract between you and us is binding on both you and us and on our respective successors, assigns and heirs. You may not assign or otherwise dispose of any Contract or any of your rights or obligations under such Contract without our prior written consent. At any time during the term of the Contract, we may assign or otherwise dispose of the Contract and any of our rights or obligations under it. For the avoidance of any misunderstanding, it is noted that any such transfer, assignment or other disposition shall not affect your statutory rights as a consumer, as applicable, and shall not waive, diminish or otherwise limit any statutory warranty or warranty expressed or implied to you.
25 EVENTS OF HIGHER VIOLENCE
We shall not be liable or responsible for any failure to perform or delay in performance of our obligations under any Contract caused by events beyond our control ("Force Majeure Event"). Force Majeure includes any act, event, non-occurrence, omission or accident beyond our control, including but not limited to the following:
i.Strikes, lockouts or other industrial action
ii.riots, insurrections, invasions, terrorist acts or threats of terrorist acts, war (whether declared or not), or the threat of or preparation for war
iii.fires, explosions, storms, floods, earthquakes, collapses, epidemics or other natural disasters.
iv.Inability to use railroads, ships, aircraft, motor transportation, or any other means of public or private transportation.
v.Impossibility of using public or private telecommunication systems.
vi.Introduction or amendment of legislation, decrees, laws, regulations of governments or authorities.
vii.hacker attacks
Our obligation to perform the contract shall be deemed suspended for the period for which the force majeure event continues and we shall be entitled to an extension of the performance period equal to the duration of such period. We will use our best efforts to terminate the Force Majeure Event or to find a solution that will enable us to perform our obligations under the Contract despite a Force Majeure Event.
26 LIABILITION
If at any time during the term of the Agreement we fail to insist upon strict performance of your obligations under the Agreement or these Terms, or if we fail to exercise any right or remedy to which we are entitled under the Agreement or these Terms, this will not constitute a waiver of such right or remedy or a limitation of such right or remedy and will not relieve you from performing it. A waiver by us of any right or remedy shall not constitute a waiver of any other right or remedy arising under this Agreement or these Terms. No waiver by us of any of your obligations under this Agreement or these Terms will be effective until you are expressly notified that it is a waiver by us and such notice is in writing as set forth in the Notices section above.
27 PARTIAL INVALIDATION
If any of the above conditions are invalidated, unless otherwise stated, the remaining conditions shall remain in force and shall therefore not be affected by the invalidation of any clause.
28 SCOPE OF THE CONTRACT
These Terms and any documents referred to in them constitute the entire agreement between you and us in relation to the subject matter hereof and supersede all prior agreements, arrangements or understandings between you and us, whether oral or written. You and we acknowledge that neither you nor we will rely on any statement or understanding made by the other party or inferred from any particulars or documents of the negotiations which took place between you and us prior to the formation of the Contract, except as expressly stated in these Terms. Neither you nor we shall have any remedy in respect of any false statement made by the other party, whether orally or in writing, prior to the date of entering into the Contract (unless such false statement was made fraudulently). The other party's sole remedy shall be the remedy applicable to breach of contract as provided in these Terms.
29 OUR RIGHT TO AMEND THESE TERMS AND CONDITIONS
We may revise and amend these Terms at any time. You will be kept informed of any changes. The changes made are not retroactive. Except in specific exceptional cases, they are valid for 30 days after their publication. If you do not agree with the changes, we advise you not to make use of our website.
30 MINOR
A user who has not reached the age of 18 and any other person who does not have full legal capacity, in order to use this website, must obtain the permission of the entity performing parental duties, holding guardianship or conservatorship, such as parents, legal representatives, guardians, to use the website of Plåntz.
In the event that a contract is concluded without this authorization, it is assumed that the person in question has sufficient skills and knowledge to conclude the purchase at Plåntz, as well as to use and comply with the associated jurisdiction.
In case of withdrawal from the contract, where costs or liabilities are incurred by either party, the responsibility falls on the legal representative or the persons who take care of the concerns of the persons without legal capacity in case of insanity.
31 LAW AND JURISDICTION
The use of our website and all contracts for the purchase of products through our website are governed by Swiss law. All disputes arising out of or in connection with the use of the website or these contracts shall be subject to the exclusive jurisdiction of the Zug Cantonal Court. Your rights as a consumer remain fully applicable.
32 COMMENTS AND SUGGESTIONS
We always welcome your comments and suggestions. Please submit all comments and suggestions via our web form, postal mail or email. We also have complaint forms available for consumers and users. These can be requested through our communication channels. Our customer service team will take care of your complaint or grievance as soon as possible, in any case within the time limit required by law. If you feel that your rights as a buyer have been violated, you can send your complaint by e-mail at the address [email protected] to us in order to seek an out-of-court settlement.
