GTC
Scope and Contract Conclusion
1.1 These General Terms and Conditions ("GTC") govern the contractual relationship between the buyer ("Customer") and the company Vedge GmbH ("Provider") in connection with the sale, installation and use of a smart automatic irrigation system ("Product").
1.2 These GTC apply to all business relationships between the Customer and the Provider. Deviating conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity.
Scope of Services
2.1 The Provider shall deliver the smart automatic irrigation system in accordance with the contractually agreed specifications and functions.
2.2 The smart automatic irrigation system enables automatic irrigation of plants based on sensor values and predefined settings to ensure need-based irrigation.
2.3 The Customer will get access to a mobile application via which he can control and adjust the irrigation system.
Exclusion of Liability
3.1 The Provider shall not be liable for direct or indirect damages incurred by the Customer, third parties or their property through the use of the irrigation system or the use of the software or mobile application, unless such damages are based on gross negligence or intentional conduct of the Provider.
3.2 The Customer is obligated to properly monitor the smart automatic irrigation system and ensure that it functions correctly. The Provider shall not be liable for damages caused by improper installation, use, assembly, maintenance or operation of the product by the Customer or third parties.
Damage from Pests and Diseases
4.1 The Customer is responsible for protecting his plants from pests and diseases.
4.2 The smart automatic irrigation system can help support the health of plants by enabling need-based irrigation. However, it is the Customer's responsibility to take appropriate measures for pest control and regularly monitor the plants.
4.3 The Provider assumes no liability for damages caused by pests or diseases, including loss of plants or crop yields.
Important Information and Instructions
5.1 The Provider shall provide the Customer with important information and instructions to ensure proper installation, setup and use of the smart automatic irrigation system. The Customer is obligated to carefully read and follow these instructions.
5.2 The Customer is responsible for setting up and calibrating the system's sensors according to the Provider's instructions. Correct placement of the sensors is crucial for reliable and effective irrigation.
5.3 The Provider reserves the right to occasionally update or change the information and instructions for the smart automatic irrigation system. The Customer is obligated to keep informed of such updates and accordingly adjust his irrigation settings.
Support Agreements
6.1 The Provider offers support services for the smart automatic irrigation system.
6.2 The support services can vary depending on the agreed support agreement and include:
a) Assistance with questions regarding installation, setup or operation of the irrigation system.
b) Provision of software updates and error corrections.
c) Advice on optimal use and maintenance of the irrigation system.
Conclusion of Contract and Right of Withdrawal
7.1 The contract is concluded when the Customer places an order for the product and the Provider accepts this order.
7.2 The customer has a statutory right of withdrawal. The details are provided in the cancellation information separately communicated to the customer.
Prices and Terms of Payment
8.1 Prices are in Euros and include the applicable value-added tax.
8.2 The Customer is obliged to pay the agreed purchase price in accordance with the Provider's terms of payment on time.
8.3 In the event of default in payment, the Provider is entitled to charge default interest at the statutory rate.
Retention of Title
9.1 Ownership of the product shall remain with the Provider until full payment.
9.2 The Customer is obliged to properly handle the product and protect it from damage until full payment.
Warranty
10.1 The Provider warrants that the smart automatic irrigation system complies with the agreed specifications and is free of material and manufacturing defects at the time of transfer of risk.
10.2 In the event of a defect, the Customer has the statutory warranty claims. At the Provider's option, the defect will either be remedied or a defect-free product delivered.
10.3 The warranty period is two years from the time of transfer of risk. For used products, the warranty period is one year.
Liability
11.1 The Provider shall be fully liable according to statutory provisions for damages caused by gross negligence or intent on the part of the Provider.
11.2 If liability is excluded or limited pursuant to the above provisions, this shall also apply to the personal liability of the Provider's legal representatives, executive employees or vicarious agents.
Data Protection
12.1 The Provider processes the Customer's personal data in accordance with applicable data protection regulations. Details of the processing of personal data can be found in the Provider's privacy policy.
Final Provisions
13.1 The law of the Federal Republic of Germany shall apply excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 Place of jurisdiction and exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is the registered office of the Provider, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.
Usage Restrictions
14.1 The Customer may only apply the smart irrigation system for his own use and not for commercial or illegal purposes.
14.2 The Customer is not entitled to rent, sublease, sell, lease, pledge, transfer or otherwise make the irrigation system available to third parties unless he has obtained the Provider's express prior written permission.
14.3 The Customer may not unlawfully copy, modify, decompile or reverse engineer the irrigation system.
Customer Conduct
15.1 The Customer undertakes to use the irrigation system in accordance with applicable laws, regulations and rules and not to act unlawfully, abusively or damagingly.
15.2 The Customer is responsible for all actions and activities carried out via his irrigation system and is liable for any damages caused by his use of the system or conduct.
Software License
16.1 The Provider grants the Customer a personal, non-exclusive, non-transferable and non-sublicensable license to use the software provided to control and monitor the irrigation system.
16.2 The Customer may neither copy, modify, decompile nor reverse engineer the software unless expressly permitted by applicable law.
Changes to the GTC
17.1 The Provider reserves the right to amend or supplement these GTC at any time without prior notice. Changes will be communicated to the Customer in a timely manner and shall be deemed accepted unless the Customer objects within a reasonable period.
Severability Clause
18.1 Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable clause, a valid and enforceable clause is deemed to have been agreed which comes closest to the economic purpose of the original provision.
Place of Performance and Place of Jurisdiction
19.1 Place of performance for all services is the registered office of the Provider.
19.2 Provided that the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office.
Network Security
20.1 The Customer is responsible for the security of his network over which the irrigation system is controlled. He is obliged to take appropriate security measures to protect the network from unauthorized access, misuse or manipulation.
20.2 The Provider assumes no liability for damages resulting from security vulnerabilities or violations of the network and associated services or systems.