Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Natufia, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your www.natufia.com account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Natufia of any unauthorized uses of your account or any other breaches of security. Natufia will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods; your content is not named in a manner that misleads your readers into thinking that you are another person or company; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Natufia or otherwise.
User content license
Without limiting any of its representations or warranties, Natufia has the right (though not the obligation) to, in Natufia’s sole discretion (i) refuse or remove any content that, in Natufia’s reasonable opinion, violates any Natufia policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Natufia’s sole discretion. Natufia will have no obligation to provide a refund of any amounts previously paid.
Sales terms and conditions
1. Scope, definitions
(1) The business relationship between the customer (hereinafter “customer”) and:
-In the GCC: Natufia Saudi Arabia For Manufacturing LLC,
-In the European Union and in the United Kingdom: Natufia Europe OU,
-In the rest of the world including the USA: Natufia Corp.
(“Natufia”) shall be governed exclusively by the following General Terms and Conditions in their version valid at the time of the order. Any differing conditions on the part of the customer shall not be recognized unless Natufia expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, a customer is an entrepreneur if he is a natural or legal person or partnership possessing legal personality acting in performance of his commercial or independent professional activity when concluding the contract.
2. Conclusion of contract
(1) The customer can choose from the range of Natufia products, in particular Natufia appliance unit or reservation (see below) and corresponding consumables (Natufia seedpods, nutrients and accessories), and add them to the shopping cart. Via the “order with payment” button, he makes a binding request to purchase the goods in the shopping cart, to which he is bound for 14 days in the absence of an alternative provision (acceptance period). The customer can change and view the data at any time before sending the order.
(2) Natufia shall then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again. The automatic confirmation of receipt merely documents that the customer’s order has been received by Natufia.
(3) a second email will be sent to confirm the shipping of the Products
(4) The contract shall be concluded in English.
3. Reservation Terms & Conditions
(1) Effective Date. The Reservation becomes effective when (1) the Reservation is placed and (2) Natufia receives the Reservation Payment.
(2) Order Process. While this Reservation secures the approximate delivery priority within the customer region, it does not constitute the purchase or order of an appliance. When the start of production for the unit reserved nears, Natufia will ask the customer to configure the Natufia Smart Garden or the Natufia One. Natufia will create an order for the appliance and the customer will receive a Purchase Agreement indicating the purchase price of the appliance, plus estimates of any applicable taxes, duties, transport and delivery charges, and any other applicable fees. If the customer proceeds with the order, Natufia will apply the Reservation Payment towards the order payment. Until the customer enters into a Purchase Agreement, the Reservation may be cancelled at any time, in which case the customer will receive a full refund of the Reservation Payment.
(3) Acknowledgements. The Customer understands that Natufia will not hold the Reservation Payment separately or in an escrow or trust fund or pay any interest on the Reservation Payment. The Reservation is not transferable or assignable to another party without the prior written approval of Natufia.
4. Delivery, goods availability
(1) Delivery times specified by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no delivery time or no different delivery time is specified for the respective product in our online shop, it is 30 to 90 days.
(2) If a binding delivery deadline cannot be met for reasons for which Natufia is not responsible (e.g. due to lack of delivery by upstream suppliers or force majeure), we shall inform the customer of this without delay, designating the new expected delivery time where appropriate. If the new delivery period is not acceptable to the customer or the product is also not available within the new delivery period or at all, both contracting parties shall be entitled to withdraw from the contract with regard to the product concerned; in this case, any payment already made shall be reimbursed by Natufia without delay. The statutory rights of the contracting parties shall remain unaffected thereby.
(3) The following delivery restrictions shall apply: Natufia only delivers to customers who have their habitual residence (billing address) in the USA, the EU, Canada, the UAE and Saudi Arabia and can provide a delivery address in the USA, the EU, Canada, the UAE and Saudi Arabia.
5. Prices and shipping costs
(1) All prices stated on Natufia’s website displayed in US Dollar are exclusive of the respectively valid statutory sales tax. All prices stated on Natufia’s website displayed in Euros are inclusive of the respectively valid statutory VAT.
(2) The corresponding shipping costs shall be indicated to the customer in the order process.
(3) The Natufia appliances shall be delivered by Natufia or its distribution partners. Unless otherwise agreed, Natufia shall be entitled to determine the type of shipment (in particular transport company, shipping route, packaging) itself.
(4) Goods other than Natufia Smart Garden shall be sent by post. The shipping risk shall be borne by Natufia, if the customer is a consumer.
(5) Extra shipping costs or other applicable taxes or duties, for countries outside of the EU, the UK, the USA, Canada, the UAE and Saudi Arabia, may apply.
6. Payment arrangements
(1) The customer can make payments online using Visa and MasterCard credit/debit card, PayPal or Wire transfer.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price shall be due as soon as the contract is concluded. If the payment due date is determined according to the calendar, the customer shall be in arrears as soon as the deadline is missed. In this case, he shall have to pay Natufia default interest of 5 percentage points above the base interest rate.
(4) The customer’s obligation to pay default interest shall not exclude the assertion of further damages caused by delay by Natufia.
(5) The customer shall only have offset or retention rights insofar as his claim is legally established or undisputed. In the event of delivery defects, the reciprocal rights of the buyer shall remain unaffected.
(6) All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
7. Material defect warranty
(1) Natufia shall be liable for material defects in accordance with the applicable statutory provisions.
(2) 2 years warranty applies shall be liable for material defects in accordance with the applicable statutory provisions.
(3) There shall only be an additional guarantee for the goods delivered by Natufia if such a guarantee was agreed separately in text form.
(4) For the good functioning of the Natufia appliances, the customer must purchase consumables and accessories only from Natufia website or approved distributors. Any other products used outside of this scope might critically damage the Natufia appliances. Natufia cannot be held responsible for any liabilities or compensations in that case.
(1) Natufia shall be liable for compensation in accordance with the regulation in the customer region.
9. Cancellation policy
(1) Upon conclusion of a distance-selling transaction, consumers (cf. Section 1(2)) shall fundamentally have a legal right of cancellation, information on which is provided below by Natufia. The exceptions to the right of cancellation are regulated in paragraph (2).
You have the right to cancel this contract within fourteen days without specifying reasons. The cancellation period is fourteen days from the date on which you or a third party named by you, which is not a carrier, took possession of the goods.
In order to exercise your right of cancellation, you must inform us via email: firstname.lastname@example.org of your decision to cancel this contract by means of a clear statement. In order to meet the cancellation deadline, it is sufficient for you to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
(2) If you cancel this contract,
(1) In case the products have not been received yet by the customer: we must repay to you, without delay, and no later than within fourteen days of the date on which we receive the notification of your cancellation of this contract, all payments which we have received from you, excluding the delivery and installation costs. For this repayment, we shall use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
(2) In case the products have been received by the customer: we must repay to you, without delay, and no later than within fourteen days of the date on which the products when the products have been received back by Natufia, all payments which we have received from you, excluding the delivery and installation costs, and the shipping return cost (see below). For this repayment, we shall use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
(3) You shall bear the direct costs of returning the Natufia Smart Garden. The costs are estimated at a maximum of around USD 400 in the USA / EUR 400 in Europe / CAD 600 in Canada / AED 1,600 in the UAE / SAR 1,400 in Saudi Arabia. Natufia shall bear the direct costs of returning the Natufia One.
(4) You only have to pay for any loss in value of the goods if this loss in value is due to handling thereof not needed for examining the nature, characteristics and functionality of the goods.
10. Final provisions
(1) Contracts between Natufia and its customers shall be governed by the law of Saudi Arabia. The statutory provisions regarding the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.
(2) If the customer is a trader, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relations between the customer and Natufia shall be the domicile of Natufia.
(3) Even in the case of legal ineffectiveness of individual points, the contract shall remain binding in its remaining parts. The ineffective points shall be replaced, where present, by the statutory provisions. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.
(4) Natufia will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries.