Όροι και Προϋποθέσεις – Πολιτική Προστασίας Προσωπικών Δεδομένων

Terms and Conditions / Privacy Policy

Scope
1.1 These general terms and conditions (hereinafter referred to as “GTCs”) shall govern the relationship between Falconagro Commercial and Industrial Societe Anonyme Company of foodstuffs-chemical products- animal feed and others”.

1.2 Any Contract, irrespective of the way they have been concluded, shall be exclusively governed by these GTCs. Any amendments to or waiver of these GTCs or warranty issued regarding the Goods shall have no effect unless expressly agreed in writing and signed by Falconagroagro. These GTCs shall prevail over any other terms and conditions which the Customer purports to apply under any documents issued by the Customer.

Orders and Contracts
2.1 When the Customer places an order in any way, this shall be considered a binding purchase request for them. The Customer’s order must corroborate the terms included in Falconagro’s offer (Goods specifications, price, method of payment, delivery time, etc.). Within 7 (seven) business days following the receipt of the order, Falconagro provides confirmation of the order to the Customer and the GTCs of this Contract are put into effect.

2.2 The Contract is considered executed from the moment the customer receives notification from Falconagro, whereby the Customer is informed that the ordered Goods are ready to be shipped, and/or upon delivery of Goods to the Customer or at the location the Customer has indicated.

2.3 Falconagro shall not be liable for any incorrect and/or incomplete orders resulting from inaccurate or incomplete details supplied by the Customer. Falconagro shall not be held liable for undelivered orders or other unfulfilled obligations resulting from incorrect, inaccurate, outdated and/or incomplete information, while the cost for any possible reshipment of these Goods will be borne by the Customer.

Prices and Payment Terms
3.1 Falconagro reserves the right to increase the prices of Goods or to decrease its supply commitments regarding the volume agreed between the Customer and Falconagro, in relation either to one specific Contract or to a number of Contracts, for the agreed period of time due to:

(i) any changes in laws, regulations, taxes, duties, levies or other charges imposed on the Goods as of the date of the contract by the European Union or other national government or authority, or

(ii) unforeseen adversity/force majeure or significant increases in prices of raw materials or decreases in availability of raw materials, energy, transport, services or other supplies required by Falconagro for the production and delivery of Goods, or due to similar reasons cited by Falconagro suppliers, giving the Customer 15-day prior notice explaining the reason for such changes.

(iii) Falconagro also reserves the right to terminate, without liability, any Contract whose performance, on account of such event (e.g., changes in laws, regulations, taxes, force majeure) will have substantial adverse effects on Falconagro that cannot be resolved by a price increase.

3.2 In the cases mentioned in 3.1 above and provided the only issue arising concerns the price of Goods, the Customer may agree to pay the updated price or cancel the order and be fully reimbursed, if they have already paid for the Goods.

3.3 Customers agree that the delivery can be documented via e-invoice issued by Falconagro. The invoice for the ordered Goods will be sent to the email address provided by the Customer. Payment is due by the date specified in Falconagro’s invoice and according to the terms agreed upon. Falconagro reserves the right to require payment before delivery and to amend the payment terms that apply for the Customer in the event that Falconagro has concerns about the Customer’s creditworthiness or when such an amendment is deemed necessary by Falconagro as a result of market conditions. Payment will be made in full without deductions or delays and without any set-off or counterclaim whatsoever.

3.4 Default of payment entitles Falconagro to cease all deliveries still to be made, without warning, and deem one or several of the contracts with the Customer to have been breached by the latter. The default interest at times provided by the law, shall be automatically payable, without notice and in accordance with the amount of the invoice which is overdue.

Deliveries / Force majeure

4.1 Falconagro shall be free of any liability for the duration of any circumstances outside its control that prevent Falconagro from fulfilling its obligations (“Force Majeure”), including but not limited to: fires, earthquakes, droughts, tidal waves and floods, war and warfare (official or unofficial), invasion, military conscription, requisitioning or embargo; uprisings, revolutions, coups, military dictatorships, usurpation of power or civil war, any threat related or arising from radioactivity, toxicity, epidemics, pandemics, explosions or any other hazardous threat or event; riots and tumults, roadblocks, strikes, intentional delays, border closures or any kind of production disturbances or any other event or phenomenon, which, even if not mentioned herein, has been unforeseeable and beyond Falconagro’s control or, if foreseeable, it has been inevitable. The agreed delivery deadlines shall be extended by the duration of the Force Majeure event.

4.2 Falconagro is also entitled to invoke Force Majeure if the Contract cannot be fully or partially performed due to circumstances or events beyond its reasonable control, such as a supplier’s inability to honour the relevant Goods delivery contract. In the event of Force Majeure, performance of the Contract will be postponed for a period corresponding to the duration of the Force Majeure event, which shall not exceed sixty (60) days. If the Force Majeure has not been lifted after sixty (60) days, then each party, subject to written notification to the other party, may terminate the Contract without any compensation due. The amounts already paid for the purchase of Goods shall be returned. If, because of Force Majeure, the Goods are wholly or partially destroyed before delivery time, the Contract will be automatically terminated for the amount which corresponds to the destroyed quantity unless otherwise agreed in writing.

4.3 If acceptance of delivery is refused for no objective reason, transport costs to and from the delivery location shall be borne by the Customer.

4.4 The goods are at the risk of the Customer from their delivery time, as stipulated above. Falconagro shall remain the sole and absolute owner of the Goods until the price for the Goods owned to Falconagro by the Customer has been paid to Falconagro by the Customer in the agreed way. The Customer is considered to have expressly accepted this clause of retention of ownership.

Cancellation of Contract/Purchase Control

5.1. No Goods may be returned that have been delivered to the Customer by Falconagro, have been checked by the Customer and found to be conforming to the specifications.

5.2 Inspection of Goods for apparent defects is performed by the Customer and any relevant complaints must be filed to Falconagro within 5 (five) business days following delivery of the Goods. In the event of latent defects which can only be detected after using the Goods, the resulting complaint must be sent to Falconagro within 1 (one) month after their delivery. If the aforementioned time frames expire, Falconagro does not accept or acknowledged any complaint or request for return.

5.3 If, within the time frames agreed above, the Customer’s complaint is found to be valid, and following a written agreement with the Falconagro’s Quality Control Department, the Customer may:

– cancel the Contract
– return the goods within a maximum of 10 (ten) business days
– request a reduction of the amount to be paid for the Goods
– request return of the Goods.

5.4 Both parties can cancel the Contract, following a 20 (twenty) calendar days’ notice, for the following reasons:

– Failure to cure non-compliance with the GTCs herein

– In cases mentioned in other GTCs herein.

– The Customer may not cancel the Contract if the Falconagro has ordered or procured a product which has been imported exclusively for the Customer and cannot be sold to another buyer. In this case, the Customer is obliged to pay the full price to Falconagro even without having received the product given that Falconagro shall pay the full amount to the corresponding supplier. If another buyer has been found that can purchase the specific product at the pre-agreed price, then the Customer is relieved of the obligation to accept delivery of or pay for the product. However, if the new buyer wishes to place an order for the Goods at a lower price, then the Customer is obliged to cover any arising difference in value.

Limitations of Liability/Disclaimer
6. The Customer is obliged to check the Goods and is responsible for their use in further processing or manufacturing of new products while having full knowledge of the nature of the products and of their indicated use. Falconagro’s aggregate liability for any defects in the Goods, breach of these GTCs or the Contract (including negligence, misrepresentation and breach of statutory duty) or an unlawful act in relation thereto shall be limited to the contract price for the delivered Goods and shall have no other liability whether in contract, tort, unlawful act or otherwise for any (i) loss of profit, loss of goodwill, loss of reputation or customers or loss of future sales or (ii) claims for consequential or indirect loss to a Customer or any other person in connection to the Goods.

Final Provisions
7.1 The parties state that in view of properly entering into an agreement and the related documents thereto, the communication and performance of contractual obligations thereunder requires providing documents that contain personal information. In accordance with the requirements set forth in Regulation (EC) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), Falconagro hereby declares that it will handle personal information in a lawful and transparent manner as far as the Data Subjects are concerned and that it will comply with the applicable law governing the protection of personal information.

7.2 Should any section of these GTCs be deemed void or unenforceable, it shall not affect the validity of any other provision of these GTCs, to the extent permitted by the law. The contracting parties shall attempt in good will to negotiate the replacement of the section of these GTCs that has been deemed invalid or unenforceable. If the parties fail to agree on a replacement provision, this will not affect the validity of the rest of these GTCs. The same applies for any omissions.

7.3 Any other change to or deviation from the provisions above, requires an explicit written agreement between the respective parties. In the absence of such deviation agreement, the present GTCs will apply.

7.4 These GTCs come into effect on 7 October 2022 and will apply to any Contract Falconagro signs as a seller. These GTCs may be amended by Falconagro from time to time. In this case, Falconagro shall publish clear information on its website, i.e. www. Falconagro.com The most recent version of these GTCs must always be available on Falconagro’s website.

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Navigation and any use of this site constitutes full acceptance by the User of the terms and conditions of use and sale below. If someone does not agree with the following conditions, it must refrain from navigation and use of the Site. These terms of use may be modified at any time without prior notice.

These terms are governed by relevant laws of Greece and the European Union. You agree, as we do, that you are subject to the exclusive jurisdiction of the courts of Athens in Greece, Europe. You must be 18 years old to visit this website.

The Company reserves the right to add, amend and / or at any time remove any item and / or information on the Site and to discontinue temporarily or permanently, some or all of its services without notice at the sole discretion.

The entire contents of the Site, including the trade names, trademarks, images, graphics, photographs, texts, etc. are the intellectual property of the Company and protected by the relevant provisions of Greek law, European law and international conventions or intellectual property of third parties / partners, for which the Company has received a license for its own exclusive needs. Names, images, logos and trademarks listed are assets of the Company, protected by applicable trademark laws. Their use at the online store does not provide them any way a license or right of use by third parties. Reproduction, copying, or other exploitation of this Site or any part thereof for any commercial purpose is not permitted without explicit written permission.

The user agrees and undertakes to use the services, information and data of the Site as required by law and by the rules of good faith and of morals. The company provides users with a non-exclusive, non-transferable, personal, limited right to access, use and display this site and the content data in accordance with these terms and the applicable provisions of the Law. The use of the Site is the sole responsibility and risk of the User. The license cannot be considered a transfer of title on the Website and its content, and however did not grant the user the right to modify, public reproduction, distribution of the Website, or any other use, without special permission of the Company.

Links that may be contained on the Website may take you to websites that are not under the control of the Company and the Company is not responsible for the contents of any such website or any link contained in an associated web site, or any changes or updates to such sites. The Company is not responsible for any form of transmission received from any linked website, as the Company is providing these links only to facilitate the use of the website, their use is not mandatory for the visitor and that included the website does not imply that the Company approves or accepts their contents.

Privacy Policy

RELATED TO EMPLOYEES, SUPPLIERS, CUSTOMERS AND ANY OTHER INDIVIDUAL ON WHOM WE MAY HOLD DATA

Falconagro understands and respects individuals’ right to privacy and online data security.

The purpose of this is to provide you with a clear explanation about how your personal information is collected and used by us during your interaction with us as well as your rights in relation to your personal information.

What information is collected and how Falconagro as a data controller, only collects basic personal information about you (such as name, email, address and contact details – as well as any other information that you choose to provide) and only in the following ways:

• Information that you provide through our website, in writing, (i.e. e-mail) via telephone, at visits or through other means; or
• Information that we obtain from your interaction with our websites and / or services.
• We will not ask for, and do not intend to collect, any sensitive personal information about you
• Through third-party sponsors (“sponsors”) such as publications, subscriptions, contests, newsletters, memberships, premium content, webcasts, video, white papers, online seminars, conferences and events.

Why

Falconagro needs to know basic personal information about you in order to comply with its legal obligations, to respond to your requests and to provide you with information relating to our services (we request consent for newsletters, industry updates, information about our products and services, offers, event invitations, surveys, market research, promotional activities etc. and have contractual necessity and legitimate interest to communicate about orders, enquiries, and for improving the services offered while meeting clients’ needs and market’s demands) which either you have consented to receive or which relate to products or services which we believe may be of interest to you.

We inform you that your personal data will not be used for automated decision making, including profiling.

Data collected are relevant, appropriate and limited to what is necessary in relation to these purposes. We will not use your personal information for any other purpose.

Falcon SA collects information about your usage of our websites through cookies. We do this so that we can tailor and personalize your experience and, improve the content, layout and performance of our websites. Further details are set out in our Cookies Policy.

How is data kept

We use securely accredited and compliant service providers to operate our websites and intranet such as website hosting, ERP and enquiry functionality.

Our sites (under our own control) have security measures in place and are password protected against any unauthorized access, loss, misuse, forwarding and alteration.

We do not share or sell your data with/to third parties, unless we are legally bound to transfer personal data to public authorities.

We also inform you that we do not transfer your personal data to any third country outside the EEA or international organization.

External links: Our websites and communication may contain a number of external links to other websites and we are not responsible for the privacy policy of such sites.

How long

Your personal information will be kept by Falconagro for no longer than reasonably necessary for the purposes set out in this Privacy Notice, unless required to be kept longer by law or it is necessary in order to defend its rights and legitimate interests before any competent court and any other public authority. Retention timeframes are determined on the grounds of tax law considerations and civil law limitation periods.

What are your legal rights under data protection law

You have a number of legal rights surrounding your personal information, including:

• access your personal information and obtain a copy thereof;
• request correction of any inaccurate or incomplete personal information;
• have your personal information deleted;
• restrict or object to Falconagro processing of your personal information;
• request the portability of your data to another controller in a structured, commonly used and machine-readable, format
• withdraw your consent to our processing at any time (i.e. either by contacting us at the details provided in this Privacy Policy or clicking the unsubscribe link in the emails that you receive from us). Please note, withdrawal of your consent does not affect the lawfulness of processing based on it before its withdrawal.

Updating of Policy, Jurisdiction and Applicable Law

Falconagro  A may change the content of this Privacy Policy from time to time without notice to you. You should check this Privacy Policy occasionally to ensure that you are aware of the most recent version that will apply each time you access our websites.