Irreo Terms and Conditions of Sale
These Terms and Conditions of Sale have been drawn up in conjunction with the document ‘Terms and Conditions of Irreo’, of which they form an integral part. To consult the ‘Irreo Terms and Conditions’ you can click on the link at the bottom of the page, visit www.irreo.ai or the direct link: https://www.irreo.ai/termini-e-condizioni.
In order to sell and to provide the Service to the User, we use a network of Partners distributed throughout the country. The Owner may delegate to Partners certain activities that may fall within the following list: marketing, sale, installation of hardware Products, technical support and after-sales service.
These Terms and Conditions of Sale are valid and effective between the Holder and the Purchaser, whether a Partner or the User.
In order to act as a Partner, it is necessary to obtain the express written consent of the Holder, which may be subject to certain limitations and conditions.
Unless expressly provided otherwise, the Buyer shall be subject to these Terms. If the purchase of the Service by the User is made through a Partner, the User shall always refer to the Partner for any information or requirement concerning the Service. In any case, we invite the User to read these ‘Terms and Conditions of Sale’.
Object of the Contract
These Terms and Conditions of Sale apply to all Orders, relating to the purchase of the Service, requested by the Purchaser from the Holder.
Purchasing procedure
The Purchaser may express his wish to proceed with the purchase of the Service by transmitting an Order to the Holder.
The Buyer's Order shall be regarded as a contractual purchase proposal addressed to the Holder.
The transmission of the Order shall be made to the Holder by e-mail to the address amministrazione@irreo.ai, by contacting a Partner or the Sales Manager of Irreo S.r.l.
The Order shall be deemed accepted if the Holder confirms the same in writing, or tacitly after 10 days of sending. The Holder has the option of rejecting the Order within 10 days of it being sent by the Buyer.
The Buyer shall process the Order using the prospectus provided by the Holder, or using a different prospectus, provided that the prospectus at least specifies:
· the Buyer's invoicing data;
· the reference to the Estimate, if any, on which the Order is based;
· a list of the articles covered by the Order (namely: product code, description, note, price and unit. This information must be found in the most up-to-date ‘Price List’ or in the Estimate referred to in the preceding point and faithfully reproduced on the Order);
· the address for delivery of the hardware products;
· reference to the ‘Irreo Terms and Conditions’ on the website www.irreo.ai.
Payment and Invoicing
Upon confirmation of the Order, the Holder shall send the Purchaser an invoice equal to the amount indicated on the Estimate as an advance on the total amount indicated on the Order. The Purchaser shall pay the advance to the Owner by bank transfer within 15 days from the Order confirmation.
Upon delivery of the Hardware Products, the Holder shall send the Buyer an invoice for the balance of the Order, to be paid within 30 days of delivery. This invoice shall include the remaining amount of the Order and transport costs, if they are not previously included in the total or otherwise agreed.
Service Activation, Delivery and Dispatch of Hardware Products
Upon receipt of the advance payment referred to in the preceding point, the Owner will proceed to activate the Service (Software Product) in favour of the Buyer. If the Buyer is the same as the User, the latter may from this moment proceed to register and start the Service, as described in the document ‘Terms and Conditions of Irreo’.
The Holder undertakes to deliver the hardware Products by the day specified in the Estimate and/or Order.
Delivery of the Hardware Products shall be made to the address specified by the Buyer in the Order on a Delivered Duty Paid (Incoterms® DDP) basis, unless otherwise agreed.
The Holder reserves the right not to proceed with the activation of the Service, nor with the shipment of the hardware Products before having received the advance payment from the Purchaser.
Start-up is obtained only after the completion of the registration, start-up of the Service and installation of the hardware Products (see definition of Service and Start-up in the document ‘Terms and Conditions of Irreo’).
Upon delivery, Users shall check the contents of the package and promptly report any anomalies to the contact details given herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may take place in the following countries or territories: Italy.
In order to allow the User to proceed with the Start-up, it is possible to refer to the user manuals of the hardware and software Products available on the App or included inside the packaging of the hardware Products. The User can always ask for support from the Partner responsible for the sale of the Service or (if the sale was made by the Owner) from the Owner through the Contacts.
Any use that does not comply with the guidelines set out in the above-mentioned user manuals will not allow 100 per cent use of the potential of Irreo and the Service.
Installation of hardware products
The installation of the Hardware Products is functional to the Start-up. The installation and activation of the Hardware Products may be carried out directly by the User, or through the support of the Partner responsible for the sale of the Service. For any information, please refer to the user manuals included inside the packaging of the Hardware Products in paper and/or digital format.
Non-delivery
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.
In the event that the goods are not delivered or collected at the agreed time or within the agreed time limit, they shall be returned to the Holder, who shall contact the User to schedule a second delivery attempt or to agree on further action.
Unless otherwise specified, each delivery attempt from the second onwards shall be at the User's expense.
Prices
The prices of the Service are shown on the most up-to-date ‘Price List’, which can be requested from the Holder via Contact, by contacting a Partner or the Sales Manager of Irreo S.r.l.
Payment Methods
Payment to Irreo S.r.l. shall be made by bank transfer to the coordinates indicated on the invoice, or communicated by the Holder by e-mail.
Promotions and discounts
Any promotions and discounts can only be granted by e-mail by the Irreo S.r.l. Sales Manager.
Reservation of property
Until receipt of payment of the full purchase price by the Holder, the User does not acquire ownership of the Products ordered.
Reservation of Rights of Use
Until receipt of payment of the full purchase price by the Holder, the User does not acquire the rights to use the Products ordered.
Contractual right of cancellation
The Holder grants Users the contractual right to withdraw from the purchase contract in accordance with the terms and conditions set out in the relevant section of Irreo within 30 days of the Start-up.
After-sales service
After-sales Service is provided to the User by the Partner responsible for the sale of the Service or directly by the Holder via Contact.
Warranty and replacement
The Hardware Products are guaranteed by the Holder for 24 months from the earlier of the date of the invoice relating to the sale of the Service in favour of the User and the date of Starting
The Holder acknowledges the possibility of returning the goods, within 2 (two) days of delivery, for deviations from what was ordered. After this period of time, the return shall still be possible, but shall be entirely at the Buyer's expense.
If the User encounters defects in the hardware Products he/she purchased, he/she may contact the Partner responsible for the sale of the Service or the Holder, through the Contacts, within 14 days from the Start-up. After this period, the Owner shall not be liable for any defects found by the User.
The Owner invites the User to describe in as much detail as possible the nature of the defect found, also attaching photographic material, and, if necessary, to transmit copies of the Invoice documents, indicate the Invoice number, and any other data useful for the correct identification of the claim.
If the Holder or the Partner responsible for the sale of the Service ascertains defects or faults in the hardware Products detected by the User, replacements of the Products with defects or faults shall be carried out, where possible, within a reasonable period of time after they have been detected.
The replacement of defective hardware Products shall be at the expense of the Data Controller and shall be carried out as described below: the Data Controller shall organise a return shipment to the address specified by the User Ex Works (Incoterms® EXW) to collect the defective hardware Products; subsequently, the Data Controller shall organise a shipment to the address specified by the User Ex Works (Incoterms® DDP) to deliver the hardware Products replacing the defective hardware Products.
Hardware Products with defects or faults must be returned by the User intact in all their parts and with the original packaging complete in its parts (including the documentation present inside the packaging, and any accessory equipment).
The Hardware Products shall not be subject to any warranty for defects in the event that the User has made improper use of such Products, or if the Hardware Products have been altered or modified without the written consent of the Holder, or if they have been stored improperly taking into account the characteristics of the Hardware Products. The Holder shall not be liable for defects or faults resulting from the incorrect installation or use of the Hardware Products. Incorrect' shall mean any action that does not comply with what is stated in the user manuals included within the packaging of the Hardware Products in paper and/or digital format.
Support
For assistance on the Service or specifically on the hardware Products, the User may contact the Partner responsible for the sale of the Service, or the Controller via the Contact.
The Holder shall provide technical assistance by telephone to the Partner and the User, if this service is not provided by the Partner responsible for the sale of the Service.
Technical assistance in the User's field by the Controller will be free of charge only if the same has ascertained a possible malfunctioning of the Service due to Irreo. Otherwise, the intervention will be carried out by the Holder against payment of a fee (see table below).
Table of fees for on-site technical assistance
|
Distance from the head office Irreo S.r.l. one way (in Km) |
Remuneration to be paid to the Holder (in Euro) |
|
< 250 |
€ 500,00 |
|
< 500 |
€ 1.500,00 |
|
< 1.000 |
€2.000,00 |
|
>1.000 |
€3.000,00 |
Definitions and legal references
Irreo (or this Application)
The structure enabling the provision of the Service.
Accord
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not meet the definition of a Consumer.
European (or Europe)
It applies when the User, regardless of nationality, is in the European Union.
Owner (or Us)
Designates the natural or legal person providing Irreo and/or offering the Service to Users.
Product
A product or service purchasable through Irreo or through one of its Partners, such as a tangible good, digital files, software, booking services, etc.
The sale of a Product may be part of the Service as defined below.
Hardware products
All tangible goods are delivered to the Buyer by the Holder at the delivery address indicated in the Order.
Software products
Any software included as a component of the Service, as well as any applications, template files, content files, scripts, source code, instruction sets and related documentation.
Service
The service offered through Irreo consists of an automation system designed for optimised management of agricultural irrigation. This system allows the user to:
a) monitor the health, growth and water requirements of crops in the various fields;
b) automatically create and initiate optimal irrigation programmes for each sector of the field on the basis of the data collected from the activity mentioned in point a);
manage the operation of the irrigation system remotely via the App.
The Service as described above is only guaranteed against the use of the entire Irreo system, namely:
1. purchase, installation and activation of one or more Hardware Products;
2. subscription of one or more annual Internet connectivity subscriptions (the amount depends on the type and number of hardware products needed, which changes according to the number of fields, their size and the configuration of the irrigation system);
3. annual subscription to the monitoring service;
4. registration and start-up of the Service through the App.
The Service therefore includes all Irreo hardware (items 1 and 2) and software (items 3 and 4) Products that the User purchases directly from us or through one of our Partners. In order for the Service to be considered as started (so-called Start-up), the User must register on the App, create an account, provide us with the required information about his field, install, activate and use all Products indicated on the Quotation provided by us or one of our Partners.
In order to enable the User to proceed with Start-up, reference can be made to the user manuals of the hardware and software Products available on the App or included within the packaging of the hardware Products. The User can always ask for support from the Partner responsible for the sale of the Service or, if the sale was made by the Owner, from the Contacts.
Terms
All terms and conditions applicable to the use of Irreo and/or the provision of the Service as described in this document as well as in any other document or agreement related thereto, in their respectively most up-to-date version.
User (or You)
Indicates any natural person using Irreo.
Buyer
It indicates who pays for the Service.
Partner
An intermediary authorized by the Owner to carry out activities on behalf of Irreo S.r.l. in favour of one or more Users. The Partner may provide the User, on behalf of Irreo S.r.l., with activities relating to Irreo and which may fall within the following list: marketing, sale, installation of hardware products, technical support and after-sales service.
Order
Request for purchase of the Service sent by the Purchaser to the Holder.
Estimate
Document detailing, in figures, the Holder's offer in favour of the Purchaser for the provision of the Service. The Quotation may contain further information, e.g. payment and delivery terms.
App
The Irreo web or mobile app is available on the App Store and Google Play, or via the following links: www.irreo.ai e app.irreo.ai).
Contacts
This means the contact forms on the website www.irreo.ai, other contacts can be found on the website www.irreo.ai and email address supporto@irreo.aidedicated to customer support and assistance.
Start
In order for the Service to be considered fully started, you must register on the App, create an account, provide us with the required information about your field, install, activate and use all Hardware Products indicated on the Quote provided by us or one of our Partners.
In particular, the date of the Start-up corresponds to the date on which the User, or whoever on his behalf, enters on the App the serial code of all Products indicated on the Quotation provided by us or one of our Partners.
Only from the moment of Start-up can the full potential of Irreo and the Service be available.
Click on the following link to consult Irreo's Terms and Conditions: https://www.irreo.ai/termini-e-condizioni.
Last modified: 29 November 2023