General
- The terms and conditions set forth hereafter are legally binding on anyone who uses products (seeds and other products) that were sold or supplied in any way by the Hazera Company (1939) Ltd. (hereinafter: “Hazera” or the “Company”) or by any other party on behalf of the Company.
- The Company reserves the right to update the terms of use of the Company’s products at any time at its sole discretion. Accordingly, the user must review and update these terms of use since the use of the Company’s products constitutes consent to the terms of use as mentioned.
Consent to the Terms and Changing the Terms
- The use of the Company’s products constitutes confirmation of your agreement to these terms and conditions, in their entirety and without any condition. If you do not agree to any condition, please refrain from using the Company’s products. The Company may update these terms without giving any notice. Please be sure to read this page again each time you visit our Website. Use of this Website after any change in its terms constitutes confirmation that you agree to the updated terms. The current version of these terms is dated September 9, 2024.
The Restrictions that Apply to the Use of the Products
- The use of the Company’s seeds and varieties (hereinafter: the “Products”) will be subject to the terms and conditions set forth hereafter:
4.1. By opening the packaging of the products or using the company’s products, you confirm your agreement to these terms in full.
4.2. If you do not agree to a certain condition or in the event that you do not understand one of the conditions set forth in the regulations and/or in these terms of use and/or in the conditions provided to you by the Company, you must return the packaging, without opening it, within 21 days of receiving the products, as a condition for receiving a full refund of the price you paid for the seeds. It will not be possible to return products whose packaging has been opened, or after 21 days from the date of receipt.
4.3. Hazera is not responsible, directly or indirectly, for the Company’s products that were not purchased through the company or parties authorized to market the Company’s seeds on its behalf.
4.4. The seeds were produced according to the Company’s high standards. However, the expression of the seeds and the varieties depends on a large number of factors (for example environmental and growing conditions, crop management, storage, undetected defects). The Company does not guarantee that the use of the products will achieve certain or expected results. Accordingly, the price of the seeds constitutes a tiny part of the potential income from successful cultivation.
You agree that:
a. The buyer / user of the products will enjoy the full potential of the income that may arise from the products, but will also bear the full risk involved in using the products and growing them. If the user intends to make commercial use of the products, he must purchase insurance against unsatisfactory results and act in accordance with all laws.
b. With the exception of data that must be stated according to any law and that were printed on the product’s packaging (data that are statistical only, relating to the products at the time of their sale and not necessarily afterwards) and subject to the exemptions stipulated in the law, the products are sold as they are, on an AS IS basis, without any promise or representation from the Company, verbally, in writing or otherwise, neither directly nor indirectly. Accordingly, the Company will not be held liable, expressly or implicitly, including in connection with agrotechnical consulting, for any direct, indirect, incidental, special, consequential or penal damage and/or expenses, including in connection with the products being free of diseases and genetic mutations (GMO) and in connection with the seeds being fit for any purpose or use, commercial or otherwise.
c. The Company’s liability is limited in any case up to the price paid for the products. In no case will the Company or a person acting on its behalf be responsible for direct, indirect, incidental, special, consequential or penal damage and/or expenses, for any reason beyond the price paid for the products as mentioned.
d. Complaints will be submitted in writing only, along with the packaging of the products, and will be reported immediately to enable the inspection of the growth, packaging and products by representatives of the company and anyone on its behalf. Failure to do so will damage the reliability of claims whose inspection was not made possible in real time.
e. The products are intended for a single cultivation. Propagating and re-cultivating, saving materials from a product harvested for the purpose of production or other use are absolutely prohibited, as well as any use of seeds for breeding and grafting, as well as any other modification of seeds.
f. The Company will not be held liable and will not be responsible for any result of use of the products that does not comply with these terms of use, and even reserves the right to indemnification from a user of the products whose actions do not comply with the terms of use as mentioned, and for which a warning and/or claim, etc., has been filed against the company.
g. You have the obligation to provide these terms of use in writing to everyone who receives products from you and to everyone who uses them and/or seedlings produced from them. If you fail to perform the above you will be liable to indemnify and compensate the company and anyone acting on its behalf against any demand and/or claim of such recipient/user.
h. The price of the seeds is determined based on the above limitation of liability. A different limit of liability and a corresponding price will be agreed upon in writing only. Each of the above conditions will be enforced as written to the fullest extent possible according to the law.
- The Applicable Law and Jurisdiction
Anything and everything related to or arising from the products will be governed by the substantive and procedural law of the State of Israel alone, and the competent courts in the city of Tel Aviv alone will have exclusive jurisdiction in connection therewith.
Use of the male gender is intended for convenience only however it refers to both genders equally.