www.growanizer.com is a specialized catalog-based e-commerce website. The website is published and operated by Custom4Web LLC, with the registered office at Tuukri 19-315, 10152 Tallinn, Estonia.
1 Definition
Agreement: the online order confirmed by the Customer, setting out the items ordered, features, prices, bank or SEPA payment details where applicable, and these General Terms and Conditions of Sale.
Customer(s): any individual or legal entity wishing to benefit from the services provided by Custom4Web LLC.
Parties: Custom4Web LLC and the Customer.
Personal Data: personal data as defined by European regulations.
Plugin: the Growanizer plugin for the WordPress content management system.
Products: the Products as presented in clause 6 hereof.
Service: Support and Updates.
Support: the support, assistance and/or maintenance services provided by Custom4Web LLC, including support, maintenance and upgrading services under the License, on the condition that such modifications or upgrades would not require rewriting of a substantial part of the existing Plugin.
Technical Requirements: the latest version of the list of hardware and system specifications recommended by Custom4Web LLC and appropriate for the use of the plugins, which the Customer must implement and maintain in compliance. The Customer shall be responsible for managing their use of WordPress and for upgrading their hardware and systems in accordance with changes made to the Technical Requirements.
Update: the improvements made to the existing standard application services accessible via the Service and decided upon unilaterally by Custom4Web LLC, in terms of feature upgrades and on the condition that such modifications or upgrades do not require rewriting of a substantial part of the existing standard application services. Updates include corrections to any anomalies in the Service. Updates are provided as part of the Support service.
Website: www.growanizer.com
2 Scope of application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale set out the technical, legal and financial terms and conditions subject to which Custom4Web LLC provides its Customers with a plugin to the WordPress Content Management System via its website at www.growanizer.com.
3 Acceptance and enforceability of the General Terms and Conditions
The Customer represents that it has read, understood and accepted these General Terms and Conditions.
The Customer represents that it has the capacity to contract and that it holds the necessary authorization and powers to do so.
The Customer is regularly reminded of these General Terms and Conditions of Sale at the bottom of each page of each order. They are enforceable against all Customers.
Accordingly, every order placed via growanizer.com entails the Customer’s unconditional acceptance of the General Terms and Conditions of Sale.
The Customer is advised to save a copy of and/or print out these General Terms and Conditions of Sale. Custom4Web LLC may also send a copy of these General Terms and Conditions of Sale to any person so requesting.
Custom4Web LLC reserves the right to revise these General Terms and Conditions of Sale at any time. As far as possible, Custom4Web LLC shall notify revisions made to the General Terms and Conditions of Sale via an announcement on www.growanizer.com. Notwithstanding, Custom4Web LLC advises the Customer to consult the General Terms and Conditions of Sale regularly and before placing any further order.
Acceptance of these revised General Terms and Conditions of Sale is carried out via the process defined in the clause entitled “Acceptance and enforceability of the General Terms and Conditions of Sale”.
Use of the Application after the effective date of the revised General Terms and Conditions of Sale shall imply acceptance of the revised General Terms and Conditions of Sale. The revised General Terms and Conditions of Sale shall come into force as of their publication unless it is specified that their effectiveness is deferred until a later date.
The version applicable to a given order shall be the version applicable on the date on which payment is confirmed.
Unless otherwise stated, the revised General Terms and Conditions of Sale shall cancel and supersede all interactions occurring between the Parties prior to the order.
Exceptions to these General Terms and Conditions of Sale shall only be enforceable against Custom4Web LLC if they have been duly agreed and recorded in a written document signed by Custom4Web LLC.
4 Ordering
4.1 Creating a Customer Account requires a login and password
To place an order, the Customer may create their personal Customer Account beforehand by following the instructions on the website.
The Customer can then log in to their Customer Account using their login and password.
The Customer is solely liable for all use that is made of their login and password. The Customer is solely liable for keeping their login and password confidential. Accordingly, Custom4Web LLC shall on no account be held liable for any loss or damage arising from the use by an unauthorized third party.
4.2 Placing an order
To place an order, the Customer must follow the steps described below:
- Go to the Website;
- Follow the instructions on the Website and connect with a login and password if already registered;
- Select the required Product;
- Check the order summary and correct any errors;
- Enter the promotional code, if any;
- Select the required payment method;
- Accept these General Terms and Conditions;
- Confirm the order and the total price excluding VAT;
- Complete the payment procedure.
Custom4Web LLC reserves the right to cancel the order in the event of error or omission in entering the required fields.
4.3 Order confirmation
The Customer receives an order confirmation email including a summary of the order. The order is not firm and final until Custom4Web LLC sends this email confirmation. Custom4Web LLC advises the Customer to save a copy of or print out the email confirmation of the order.
5 Products and Services
5.1 Product and Service Factsheets
The basic features of each Product offered via the Website are set out in a corresponding factsheet, which may be viewed on said Website.
5.2 Specific features of Products and Services
5.2.1 License for use of the plugin
The product granted by Custom4Web LLC is a license for use of the Growanizer plugin.
There is a range of licenses offered:
- Single: use of the plugin for one website;
- Plus: use of the plugin for three websites;
- Agency: use of the plugin for 25 websites.
5.2.2 Support and update service
Purchase of a Growanizer plugin license comes with a one-year/one-quarter support and update service effective from the order date.
The IT support service applies only to the use of the License it is sold with.
Updates are installed on the Custom4Web LLC’s recommendation. Custom4Web LLC is not responsible for the actual installation of updates on the Customer’s hardware or for any technical consequences arising.
6 Receipt of Products – Non-receipt – Complaints
6.1 Receipt of Products
Receipt of the Products is complete once the Customer activates the download link.
6.2 Non-receipt
If the Customer fails to receive the activation key for the Growanizer License, Custom4Web LLC will cancel the code that has been transferred. A new activation code for the License will be generated and sent via email to the Customer.
6.3 Complaints
The Customer is prompted to supply a valid email address in order to receive the API activation key.
Before making a complaint, Customers are advised to check their Spam folder for the email containing the activation key.
In the event that, after the required checks have been performed, the delivery email was not received, the Customer is advised to send their comments by email to support@growanizer.com with their order number as stated in the confirmation email.
7 Customer’s cooperation and obligations
The Customer shall see that its hardware and systems comply with the Technical Requirements for use of the Product. The Customer shall install the updates recommended by Custom4Web LLC for the use of the Growanizer plugin.
The Customer shall provide all items and information necessary or useful for the purpose of making improvements to the plugin, in particular by submitting a support ticket whenever a malfunction is identified in the plugin.
The Customer agrees to cooperate with Custom4Web LLC for the provision of the support service. In this respect, the Customer agrees to provide Custom4Web LLC with their login or access code to the WordPress Content Management System or to perform the operations recommended by Custom4Web LLC in order to deal with any malfunctions identified by the Customer.
8 Custom4Web LLC’s obligations
Custom4Web LLC is only subject to a best-efforts obligation.
Custom4Web LLC agrees to use its best efforts to ensure the proper delivery of the license for use of the Growanizer plugin.
Custom4Web LLC agrees to exercise all due care and diligence necessary in order to provide a quality IT support service in accordance with industry practice and the current state of science and technology.
Custom4Web LLC agrees to employ all means to ensure the ongoing availability, continuity and quality of the services provided for by the Agreement.
The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the service offered by Custom4Web LLC, beyond Custom4Web LLC’s control.
9 Price and payment
9.1 Price
9.1.1 Pricing
The prices and technical specifications of the Products and Services offered by Custom4Web LLC may be viewed at www.growanizer.com.
Prices are shown in USD and include VAT.
The pricing communicated to the Customer is the pricing in force as of the date of payment of a Product or Service.
Custom4Web LLC reserves the right to revise its pricing at any time.
9.1.2 Promotional code
The Customer may use a promotional code to be entered when the order is placed. NB: only one promotional code is allowed per order.
9.2 Payment
Products remain the property of Custom4Web LLC until full payment is received.
Payment is due and payable upon placement of an order.
Customers may pay by credit/debit card or PayPal.
A payment undertaking given by means of a credit/debit card is irrevocable. By providing information on their credit/debit card, the Customer authorizes Custom4Web LLC to debit their card for the amount corresponding to the price.
For this purpose, the Customer confirms that they are the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number and expiry date and, if required, the card security code (CSC).
Payment, whether online or on delivery, will not be debited from the Customer’s account or paid into Custom4Web LLC’s account until the Product activation key has been generated by Custom4Web LLC.
The Customer agrees to receive only digital invoices.
10 Cancellation
Customers that have stated their intention of downloading the Product before the expiry of the 14-day cooling-off period and that have expressly waived the right to cancel their order shall not be entitled to cancel.
11 Termination
If either of the Parties breaches any of its contractual obligations, the other Party may automatically terminate the Agreement, without incurring any liability as a result, fifteen (15) business days after serving formal notice by registered mail with return receipt requested, to which no response has been provided although the breach could have been rectified.
12 Warranty – Warranty disclaimer
The seller shall deliver a product that conforms to the agreement and shall be liable for non-conformities existing upon delivery.
The seller shall also be liable for non-conformities resulting from the packaging, assembly instructions, or installation, where the agreement provides that the seller is responsible for installation or where installation has been carried out under the seller’s responsibility.
The product conforms to the agreement:
- If it is suited to the use normally expected of a similar product and, where applicable:
- if it corresponds to the description provided by the seller and has the properties presented by the seller to the buyer in the form of a sample or model;
- if it has the properties that a buyer can reasonably expect in light of public statements made by the seller, producer or its representative, including within the framework of advertising or labeling;
- Or if it conforms to specifications defined by agreement between the parties or is suited to any specific use required by the buyer, notified to the seller and accepted by the seller.
Legal action arising from non-conformities is time-barred two years following delivery of the product.
The seller is liable under the warranty for latent defects in the item sold that render it unsuited to its intended use, or that hinder such use to such an extent that the buyer would not have purchased the item or would have paid a lower price if the buyer had been aware of such defects.
Legal action arising from latent defects must be initiated by the buyer within two years following the identification of the defect.
12.1 Claims under the warranty
The warranty provided by Custom4Web LLC is limited to refunding non-conforming Products or Products containing a latent defect.
In order to file a claim, the Customer must report the existence of a defect or non-conformity within fourteen days of making the purchase.
More details: https://www.growanizer.com/refund/
12.2 Warranty disclaimer
The Customer is solely liable for the choice, storage and use of the Products.
No claim may be made under the warranty in the event of misuse.
13 Liability
Custom4Web LLC assumes an overall best-efforts obligation to the Customer, whereby it agrees to use its best efforts in performing the Service provided for herein.
Custom4Web LLC shall not be held liable for damage resulting from use of the plugin by the Customer after the end of a period of 365 (three hundred sixty-five) calendar days following the order.
Custom4Web LLC shall not be held liable for repairing damage arising from the use of the Internet such as data loss, intrusion, viral attack, loss of connection and any other incidents unrelated to the subject matter of the Service.
Custom4Web LLC shall not be held liable for any incidental damage, including financial loss, in particular loss of profits, unless such damage results from negligence or willful misconduct on the part of Custom4Web LLC.
Custom4Web LLC shall not be held liable for malfunctions identified by the Customer during the use of the plugin license if the Customer has not executed the updates recommended by Custom4Web LLC or has not performed the operations recommended by Custom4Web LLC following the identification of a malfunction by the Customer during the performance of the Agreement.
Custom4Web LLC shall not be held liable for business interruption caused by the performance of its support and update service unless such damage results from negligence or willful misconduct on the part of Custom4Web LLC.
In any event, Custom4Web LLC’s liability shall be limited to the payment of damages not exceeding the amount paid by the Customer when placing the order.
14 Force majeure
Neither of the Parties shall be held liable for delay, non-performance or any other breach of its obligations relating to the Order and/or the warranty where such occurrence is due to force majeure or unforeseeable circumstances.
Besides the instances of force majeure and unforeseeable circumstances generally, force majeure and unforeseen circumstances shall also include total or partial strikes, whether internal or external to the company, lockouts, adverse weather conditions, interruption of transport facilities or supply chain for any reason whatsoever, earthquakes and seismic waves, fire, storms, floods, damage caused by water, statutory or governmental restrictions, statutory or regulatory changes in forms of marketing, computer breakdowns, interruption of telecommunications services including cable or mobile (GSM, GPRS, 3G, 4G, etc.) telephone networks or any other cases outside the express will of the Parties that prevent the performance hereof under normal and/or reasonable conditions.
Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.
If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these General Terms and Conditions of Sale shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice.
In such events, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.
15 Severability
If any provision of the General Terms and Conditions of Sale is declared to be invalid on grounds of nullity, voidness, lack of binding effect or unenforceability in the application of a law, regulation or final ruling handed down by a court with jurisdiction, this shall not entail the nullity, voidness, lack of binding effect or unenforceability of the remaining provisions of said General Terms and Conditions of Sale and shall have no effect on the remaining contractual provisions, which shall retain their full effect, force and scope with regard to all of the contracting Parties.
In such events, the Parties may agree to replace or amend the invalid provision(s).
16 Probative documents
The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.
The following may also constitute legal proof of communications: the order, the Customer’s payment and all documents generated from records of purchase orders and invoices in the Custom4Web LLC’s computer systems.
17 Personal Data
Custom4Web LLC is committed to privacy and data protection. This Privacy Policy applies to personal data Custom4Web LLC collects from you, through our interactions with you, through www.growanizer.com, websites where Growanizer plugins is installed (collectively “Sites”), including all media, document, updates, and support services associated with the Site and the Custom4Web LLC services (collectively, the “Services”), as well as how we use and protect your personal data.
This Privacy Policy does not apply to any third-party applications or software that integrate with our Sites and Services or any other third-party products, services or businesses (collectively, “Third Party Services”). Third Party Services are governed by their own privacy policies. We recommend you review the privacy policy governing any Third Party Services before using them.
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU SHOULD NOT ACCESS OR USE THE SITES OR SERVICE.
17.1 Purpose of processing
The Data provided when a Customer logs in or purchases a Product is processed for the following purposes:
- Access to Products;
- Preparation of invoices;
- Circulation of the newsletter, if applicable;
- Compilation of statistics on the use of the Website;
- Improvement of marketing and promotion initiatives, as well as Website content and offers;
- Receipt of customized offers.
17.2 Recipients of Personal Data
Custom4Web LLC agrees to take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged or accessed by unauthorized third parties.
17.3 Personal Data provided to government agencies and bodies
Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials and debt collection agencies.
17.4 Personal Data provided to third parties
Custom4Web LLC agrees not to sell or transfer Personal Data that has been collected to third parties, except as provided for by clause 18.3 hereof.
17.5 Customer’s right to oppose, correct and delete Personal Data
Customers have the right to access, challenge, modify, correct and delete their Personal Data.
Customers also have the right to oppose the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose the use of such data for the purposes of sales prospecting.
This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.
Customers may exercise their rights by sending an email to Custom4Web LLC via the “Contact” page.
18 Cookies
Information on the Customer’s browsing on the Website is stored by cookies.
Pursuant to applicable regulations, this information may be stored for a period of up to 13 months.
Cookies do not allow the Customer to be identified.
The Customer may oppose the recording of cookies and disable them in its web browser settings, on the understanding that this may restrict their use of the Website.
19 Intellectual property
The content of the website created by Custom4Web LLC is the exclusive property of Custom4Web LLC, which is the holder of all the related intellectual property rights.
The Customer agrees not to copy, reproduce or download all or part of its content, without written and express prior authorization from Custom4Web LLC.
Any full or partial copy, reproduction or download of website content created by Custom4Web LLC is liable to constitute an infringement.
The Customer agrees not to copy, reproduce or attempt to reproduce the plugin offered by Custom4Web LLC.
Custom4Web LLC’s granting of a License for use shall not entail the transfer of intellectual property rights in the Product.
Any Product for which a License is granted remains the property of Custom4Web LLC. Accordingly, pursuant to the Agreement, the Customer only acquires from Custom4Web LLC a non-exclusive, non-transferable personal right to use the Products featured in the online order.
20 Governing law and jurisdiction
All disagreements and disputes regarding the validity, interpretation, performance, consequences and implications of these General Terms and Conditions of Sale shall be governed by Estonian law.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a trader Customer and Custom4Web LLC, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of Tallinn.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and Custom4Web LLC, as well as all disputes regarding either Party’s liability in tort, shall be referred in accordance with the provisions of ordinary law regarding the assignment of jurisdiction.