TERMS & CONDITIONS
PREMISES
The Customer must read, understand, acknowledge and agree to the following Terms and to the privacy policy available https://www.hydroponicverticalgarden.com/terms-&-conditions/#privacy , before using the Websites or purchasing any products or services from Aquarius Options Srl.
1. GENERAL:
1.1 Aquarius Options Srl, which is located in Via Montello 7A Treviso 31100 Italy (hereinafter referred to as “Aquarius“), sells on its website https://www.hydroponicverticalgarden.com/en, including all the relevant sub-domains (“Websites”), and via resellers/distributors a hydroponic cultivation system, Hydroponic Vertical Garden as well as accessories, nutrients and to end consumers (“Customers”).
1.2 The Customer represents and warrants to be eighteen (18) years of age or older. If under the age of eighteen (18) warrants to be at least the age of thirteen (13) and is accessing the Website with the consent and knowledge of the parent/legal guardian, whom is deemed to have acknowledged and has agreed to the Terms.
2. CONTRACT:
2.1 Any order (“Order”) received by Aquarius for Products in accordance with clause 1.1 is accepted by Aquarius at its own exclusive discretion. The Order is accepted and the contract is finalised when the Customer a) receives a confirmation email from Aquarius and/or b) receives the Products (“Contract”).
2.2 These Terms prevail over any other preceding, contrary or contrary term that is not stated here and that is not part of the Contract.
2.3 The Contract is regulated exclusively by the Terms and the Privacy Policy available at https://www.hydroponicverticalgarden.com/terms-&-conditions/#privacy.
2.4 When submitting an Order to Aquarius, the Customer acknowledges to have read, understood and accepted the Terms and the Privacy Policy in their entirety. The Customer acknowledges that no changes or modifications are permitted to the Terms without the written consent of Aquarius.
3. PRICE AND SHIPPING COSTS
3.1 All of the prices listed on the Websites are inclusive of VAT.
3.2 Additional shipping costs may be applied for Products based on the delivery location and/or on a different shipment method that the Customer expressly agrees to accept.
4. DELIVERY:
4.1 Any shipping or delivery requests by the Customer are only binding in cases where such requests are expressly agreed to and confirmed in writing by Aquarius. The Customer acknowledges and agrees that only the dates or deliveries notified in writing by Aquarius to the Customer are binding and enforceable, except in the case where clause 4.2 applies. Aquarius may choose a different shipping method at its own discretion.
4.2 Customer represents, warrants and agrees that a) Aquarius shall not be held responsible for any delay in delivery due to any event of force majeure, the Customer’s failure to provide Aquarius with adequate delivery instructions and events beyond the reasonable control of Aquarius; and b) such delay does not free the Customer from the Contract.
4.3 Customer acknowledges and agrees that the transfer of the risk related to Product occurs at the delivery to the address indicated by the Customer in the Order, when the Product is delivered to the Customer, to a family member or person nominated by the Customer, or to the neighbour of the Customer, who have confirmed receipt on behalf of the Customer and in writing.
4.4 The Customer acknowledges that the transfer of the ownership of the Product occurs only after full payment of the Order on behalf of the Customer.
5. ORDERS:
5.1 In relation to Aquarius Products, only recurring orders are considered as continuous orders that have been expressly agreed to by the Customer and which consist of reoccurring deliveries every 4 (four) months (“Recurring Order”).
5.2 In the case where a Customer submits a Recurring Order for Aquarius Products, the Contract will be for an indefinite period and both parties will have the right to terminate the Contract within 30 days prior to the next Order shipment date. The Customer shall submit the termination request in writing.
5.3 The Customer declares to accept that the Product will be shipped only after Aquarius has verified that full payment has been received.
5.4 The Customer represents and warrants that once the Order is submitted to Aquarius, it is not possible to change it. For any change after the Order submission, the Customer must contact the Aquarius Customer Service Department at service@hydroponicverticalgarden.com or by post.
5.5 All Products are subject to availability thus Aquarius reserves the right to impose quantity limits/restrictions on any Order, to reject all/part of an Order and to discontinue Aquarius Products without notice, even if the Customer has already placed the Order.
6. WARRANTY:
6.1 The Customer acknowledges and accepts that before placing an Order they have been informed about the warranty rights provided by Aquarius with respect to the Products. For the warranty with respect to Products distributed consult the websites of the various suppliers.
6.2 In the case of any questions in relation to the warranty, the Customer can contact the Customer Service Department by referring the contact details in 5.4 above.
7. PAYMENT AND OTHER CHARGES:
7.1 The Order can be paid (“Payment”) using: Paypal, MasterCard, Visa, American Express.
7.2 The Payment is required when submitting the Order to Aquarius.
7.3 If the Customer fails to make Payments that are due, or if the Products are returned to Aquarius due to a failure to deliver caused by provision of an incorrect address, or if the Customer fails or refuses to collect the Products, then the Customer shall be responsible for all costs and damages incurred by Aquarius. The Customer acknowledges and agrees that additional charges or fees may be applied in respect to overdue payments that are collected by Aquarius or any of its authorised agents or legal representatives.
8. RETURN OF PRODUCT
8.1 For any damaged or defected products that limit or impede the correct functioning of the Hydroponic Vertical Garden, Aquarius or its suppliers will replace the item so that correct functionality is restored.
8.2 The Customer has the right to cancel the Order without any specific reason within 14 (fourteen) days from the day the Product is delivered. When exercising the cancellation right, the Customer acknowledges and agrees that given the nature of Aquarius Products, only those Aquarius Products returned and received by Aquarius within 30 (thirty) days from the original shipment date will be refunded in full, with the exception of any applicable deduction.
8.3 The refund for the Order on behalf of Aquarius will be performed using the same payment method that the Customer used when purchasing, unless otherwise agreed to in writing. In any case, the Customer will not be charged any reimbursement fees.
8.4 The Customer acknowledges and agrees that any request for termination outside the term specified in clause 8.2 will be considered individually on a case-by-case basis.
8.5 In any case, the Customer declares and accepts to bear the costs related to any applicable loss of value of the Products returned.
9. EXCLUSION OF THE REFUND:
9.1 The Customer declares and accepts that any refund, in whole or in part, is excluded in the event the Product returned by the Customer is not suitable for resale or if the Aquarius Products have been partially used, are close to the expiry date or have expired.
10. INFORMATION ON THE PROCESSING OF PERSONAL DATA:
10.1 The Customer may create, or may have already created, an account (“Account”) when submitting an Order from the Websites. The Customer is solely responsible for ensuring the confidentiality of the password chosen and restricting access to the password and account. The Customer acknowledges and agrees to accept any and all responsibility for all Orders that are submitted under their Account.
10.2 The personal data of the Customer (“Customer Data”) will be used in accordance with the provisions of the Privacy Policy, Regulation (EU) 2016/679 (EU GDPR) and any local applicable Privacy regulation.
10.3 Customer Data will be used exclusively as set out in the Privacy Policy. The Customer Data collected and used is strictly limited to the minimum required for this purpose.
10.4 The Customer may request the deletion of Customer Data at any time by submitting a request form through the following e-mail address: service@hydroponicverticalgarden.com.
11. NEWSLETTER AND COMMERCIAL/MARKETING COMMUNICATIONS:
11.1 By submitting an Order, the Customer acknowledges and agrees to receive Aquarius newsletters and commercial/marketing communications using the contact details provided in accordance with the Privacy Policy.
11.2 The contact details of the Customer will not be shared nor transferred to any third party except as set out in the Privacy Policy.
11.3 The Customer may unsubscribe from the newsletter and commercial/marketing communications at any time using the “unsubscribe” button in the communication.
12. ENFORCEABILITY AND DISPUTES:
12.1 In the case where individual parts of the Terms are declared either wholly or partially invalid or ineffective, the other clauses shall retain their validity.
12.2 Any modification or addition to the Terms requires written consent from Aquarius.
12.3 The Terms are governed by Italian law and Customers can pursue legal proceedings in relation to the products through the Italian court of Treviso.
13. MODIFICATIONS
13.1 The conditions, information and details included in the Terms and the Privacy Policy are subject to change at any time and without notice. By accessing or linking to these Terms and the Privacy Policy (to the extent where this is possible), the Customer represents and warrants to assume the risk that this information may be changed or removed since the last access.
13.2 Aquarius reserves the right to modify, update, add, discontinue, remove, revise or otherwise change any section of the Terms or Privacy Policy and/or Returns & Warranty Policy, either in whole or in part and at any time. In order for these changes to be effective, Aquarius must notify Customers of the Websites of such changes. Orders placed after this period will be subject to the new Terms.
14. LIABILITY
14.1 Aquarius has adopted standard operating procedures in relation to the manufacture and supply of the Products and these procedures include operating standards or procedures that are consistent with prevailing industry and regulatory standards. All of the Products are manufactured, packaged, labelled, supplied and delivered in accordance with the specifications determined by Aquarius and as indicated on the Product label.
14.2 The Customer agrees to read the Product label before adopting or using any Product and to comply with any measure required to avoid any harmful consequence, including but not limited to cases of specific health and/or physical conditions. The Customer agrees to inform Aquarius promptly of any claim in relation to its Products and to cooperate with Aquarius in any investigation.
Revised: March 2023
RETURNS AND WARRANTY POLICY
Limited Warranty
Aquarius Options Srl warrants that the products, on delivery, will be free from defects to materials or workmanship in accordance to the following warranty provisions:
(a) MAIN COMPONENTS – For the duration of TWO Years from the date of purchase by the retail customer, Aquarius Options Srl will repair or replace (at own discretion) any defective original main plastic component which impedes the correct functionality of the hydroponic system. These components include the Water Tank, Water Tank Cover, Top Cap, Growing Sections, Water Pipes, Timer.
(b) OTHER COMPONENTS – The manufacturer of the immersion pump will respond for issues related to the pump.
Within the warranty period, Aquarius Options Srl will, at its sole discretion, repair/replace any component that is found to fail in normal intended use and, which upon inspection (if requested by Aquarius Options Srl) shows to have a material or workmanship defect. Such repairs/replacements will be made at no charge to the Customer and Aquarius Options Srl will arrange for the return of the defective component free of charge. Aquarius Options Srl will provide delivery of the repaired/replacement component free of charge.
INSTRUCTIONS TO OBTAIN WARRANTY SERVICE: To obtain warranty service, the Customer must send an e-mail to service@hydroponicverticalgarden.com or contact Aquarius Options Srl Customer Care within the warranty period.
WARRANTY LIMITATIONS: This limited warranty does not apply to: (a) damage caused by misuse, abuse, alteration, negligence, accident or incorrect assembly/installation or acts of nature or other external causes; (b) components that are consumable items; (c) normal wear and tear, or (d) products purchased for commercial or industrial use.
NOTE: The only liability of Aquarius Options Srl and only remedy for any breach of this Warranty strictly limited the repair/replacement of any defective component on behalf of Aquarius Options Srl and on the sole discretion of Aquarius Options Srl. Any employ, representative or distributor of Aquarius Options Srl is not authorised to extend, modify or add any further warranties that bind Aquarius Options Srl. Consequently, any such declarations given by such person or company, either in writing or orally, do not constitute any Warranty by Aquarius Options Srl and should not be taken as true. Aquarius Options Srl does not guarantee or warrant this particular product will suit your requirements or needs. Aquarius Options Srl shall not be held responsible or liable for any special, incidental, indirect or consequential damage that may result from a defective component or from the misuse of the product. In some jurisdictions, the exclusion of incidental or consequential damage are not allowed so in this case, the above exclusion may not apply.
TERMS OF USE
Last updated: March 2023
1. Area of applicability
1.1. The terms of usage listed hereafter regulate the usage of the Aquarius Options Srl website, www.juice plus.com (“Website”).This Website is operated by Aquarius Options Srl, Italy
1.2. Please read these terms of usage carefully before you use the Website. By using the Website you agree to be bound to these terms of usage. The usage of this Website is only admissible based on these terms of usage.
2. Liability
2.1. Even though the contents of this website was created with greatest diligence, Aquarius Options Srl assumes no responsibility for the timeliness, correctness, completeness or quality of the provided information. Liability claims towards Aquarius Options Srl provided that no personal injury are concerned, that are caused by the usage of faulty and/or incomplete information are categorically excluded, as far as Aquarius Options Srl has not acted in gross negligence or intentionally.
2.2. Aquarius Options Srl is authorized to stop the operation of the website in whole or in part any time, change it and/or delete it. For this reason, Aquarius Options Srl does not assume any responsibility for the uninterrupted availability of the website.
2.3. Even though Aquarius Options Srl always makes effort to keep the Aquarius Options Srl website free of viruses, Aquarius Options Srl does not guarantee that this is always possible. Prior to downloading information, the user will ensure adequate safety installations and virus scanners for own protection and for the prevention of viruses on the Aquarius Options Srl website.
2.4. Aquarius Options Srl is responsible as provider of the content for its “own content” that are provided for usage according to general law. Links to content of other providers are to be differentiated from this own content. Aquarius Options Srl does not verify the content of these different links. If Aquarius Options Srl finds out or is told by third parties that the content of the third-party website or the document to which Aquarius Options Srl has provided a link, triggers a responsibility under civil or criminal law, Aquarius Options Srl will remove the link to this offer promptly.
3. Cookies
Our Website makes use of cookies and our cookie policy is under construction and you will be able to access it shortly on our Website by clicking on the link. Aquarius Options Srl uses so-called session cookies that are deleted immediately after closing the browser, as well as persistent cookies that are used beyond the session. Aquarius Options Srl will use the collected data, anonymously, to attune the offers even better to the needs of the users.
Cookies are text files that are saved on the computer of the user upon visiting an internet page.
Among other things cookies are used to offer the user a better service by more tailored information and to facilitate the access to the web appearance and its usage.
Normally, the browser of the user is set to accept cookies. Cookies may also be deactivated on most browsers.
4. Registration
4.1. Some pages of the Aquarius Options Srl website can be password protected. Access to these pages is only possible for registered users. There is no entitlement to a registration by Aquarius Options Srl. If a registration is intended, the user is obligated to make truthful statements for registration and to indicate possibly later modifications that are inquired during the registration immediately upon next usage.
4.2. The user is solely responsible for the safety of their password. Disclosure to third parties is not admissible. If the password has become known to unauthorized persons, the user must change their password immediately.
5. Copyright
All content of the Website, that is, logos, photos, text, video clips, business denominations and brands are protected by copyright. Users may not reproduce, modify, duplicate, resell or use intellectual property or other content of the Website for commercial or non-commercial purposes without the prior written approval of Aquarius Options Srl.
6. Consequences of inadmissible use
Notwithstanding of other rights (regardless if based on any law or other regulations) Aquarius Options Srl reserves the right to cancel orders placed by the user and/or prohibit the user from accessing the Website if the user violates these conditions of use.
7. Applicable law and place of jurisdiction
The applicable law of these Terms and Conditions is the legal residence of the user.
The legal jurisdiction is The Court of Treviso, Italy.
8. General Remarks
8.1. In the case of any individual regulation be void or ineffective, this will not have any influence on the effectiveness of the others.
8.2. If there are any concerns in relation to the safety of this website or copyrights/brand rights, the user should contact Aquarius Options Srl through the following address e-mail service@hydroponicverticalgarden.com.