GENERAL TERMS AND CONDITIONS OF SALE

General Terms and Conditions of Sale

Last updated on July 4, 2024

Warning

Before purchasing any products on the website www.treelogy.com, we kindly ask you to review the usage instructions and precautions associated with each product.

The use of Treelogy products assumes an appropriate lifestyle. The products are not medications and cannot be used as substitutes for a varied and balanced diet and a healthy lifestyle. For pregnant individuals, those under any medical treatment, or in cases of specific nutritional or dietary regimens, pathologies, allergies, food intolerances, medical treatments, any health issues, or if you have doubts about your health condition, we recommend seeking advice from a healthcare professional beforehand.

Treelogy does not guarantee any obligation of results regarding the effects of the products for the customer.

Article 1 - Legal Notice and Purpose

The website www.treelogy.com (hereinafter "the Site" or "the Website") is published by PT. Treelogy Regenerative Moringa ("the Company" or "Treelogy"), an Indonesian company with its registered office at Jalan Bumbak, Kerobokan, Kec. Kuta Utara, Kabupaten Badung, Bali 80361, Indonesia.

The Website's purpose is the remote and online sale of moringa-based products, including dried moringa leaf powder, dried moringa leaf extract capsules, concentrated dried moringa leaf tincture, moringa seed oil, and moringa infusions ("the Products").

These General Terms and Conditions of Sale ("T&Cs") define the conditions, legal obligations, and terms of use of the Site and the conditions applicable to the sale of Products by the Company via the Site.

Please read these T&Cs carefully before using or browsing the Site and before purchasing Products on the Site. Any person using or browsing the Site (hereinafter a "User") expressly and unreservedly accepts these T&Cs. Otherwise, any User is invited not to use or browse the Site.

Any person wishing to purchase a Product on the Site and create an Account for this purpose (hereinafter a "Customer") will be invited to review these T&Cs as well as the various documents to which they refer.

The use of the Site and the purchase of Products are exclusively reserved for consumers, i.e., adult natural persons legally capable of entering into contracts, acting for personal and non-commercial purposes. It is not permitted to use or browse the Site and/or purchase Products if you are not a consumer, particularly if you are acting for professional and/or commercial purposes, for example, with the intention of reselling the Products. If you wish to become a reseller of the Products, contact us!

Company contact: hello@treelogy.com

The publication director is AWS Indonesia.

The Website is hosted by Sacha Aguila.

Article 2 - Definitions

In these T&Cs, it is agreed that the following expressions or words not already defined elsewhere, whether used in the singular or plural, shall have the following meaning:

Identification Codes: username and password for each Customer allowing access to their Customer Account.

Account or Customer Account: personal space of each Customer on the Website, created from their Identification Codes and necessary for any purchase of Products on the Site.

Order: act of purchase, by the Customer, of any Product offered for sale on the Site.

Total Price: overall price that the Customer agrees to pay to the Company, directly on the Website, for the purchase of one or more Product(s). The Total Price includes both the financial consideration for the Product price and shipping costs. This Total Price is indicated in the Order confirmation. It is inclusive of all taxes.

Article 3 - Duration and Update of the T&Cs

3.1. These T&Cs are applicable from their application date specified above, until their next update (materialized by the modification of this date).

3.2. It is specified, as needed, that the Customer can save or print these T&Cs, provided they do not modify them.

3.3. The Company may modify and/or update the terms of the T&Cs at any time, particularly in case of evolution of the Site. It is therefore advised that the User regularly refer to the latest version of the T&Cs permanently available at the following address: Terms & Conditions. The modifications will come into effect from the date of posting of the modified T&Cs.

3.4. Notwithstanding the above, the version of the T&Cs applicable to a purchase of Products on the Site is the one in force on the day of the purchase concerned, a version of which the Customer acknowledges having read and which they validate at the end of the Order process. In other words, any modification of the T&Cs will not impact an Order already placed, which will remain subject to the T&Cs applicable at the time of Order validation.

3.5. Moreover, any modification of the T&Cs substantially impacting the functioning of the Customer Account will be notified to Customers holding a Customer Account by email, with reasonable notice before their entry into force. If a Customer does not accept such modifications, they may request the deletion of their Customer Account (which they can in any case do at any time and for convenience) by sending an email to the following address: hello@treelogy.com.

Article 4 - Registration

Simple browsing on the Site is free and does not require the creation of a Customer Account.

When purchasing a Product on the Website, the creation of a Customer Account is possible. During registration, the Customer must provide the following information:

First and last name
Email address
Postal address
A username and password ("Identification Codes")
A phone number

The Customer is informed of the need to provide a valid email address to receive a confirmation email for the creation of their Account.

The Customer agrees not to choose any username that infringes on the rights of a third party and consequently refrains from using a username that infringes on the rights of third parties, particularly personal rights and intellectual property rights.

The Customer acknowledges their full responsibility for the use that will be made of their Identification Codes, their Customer Account, and the Website. They agree to perform all acts within the Customer Account they have created under their own Identification Codes. Similarly, all acts performed under these Identification Codes will be considered to have been performed by them.

In case of forgetting, misuse, unauthorized use, and/or usurpation of a Customer Account or a Customer's Identification Codes, the Company's liability cannot be engaged, and the Customer must immediately inform the Company of this situation, either by email to hello@treelogy.com or by postal mail (registered with acknowledgment of receipt) to Treelogy Premium Moringa, Jalan Bumbak, Kerobokan, Kec. Kuta Utara, Kabupaten Badung, Bali 80361, Indonesia.

Upon receipt of this written notification, the Company will study the case and may, as a security measure, suspend all access to the concerned Customer's Account. The Company will process the Customer's request as soon as possible and will return new Identification Codes by email after verifying their identity.

The Customer remains responsible for the use of their Customer Account by third parties until the modification of the Identification Codes by the Company. Thus, the Customer guarantees the Company against any action or claim concerning the loss of data resulting from the loss or fraudulent use of their Identification Codes.

The Customer is solely responsible for the accuracy, quality, legality, updating, and reliability of all data provided in the information form for the purchase of Products.

Finally, the Customer may also complete and/or modify some of their information at any time via their Customer Account.

In accordance with the provisions in the Company's privacy policy (available at the following link: [Insert link to the privacy policy]), the Customer has the right to access, modify, rectify, delete, and port personal data concerning them, in accordance with applicable regulations and legislation in this matter.

Article 5 - Ordering Products on the Website

Upon creation of their Customer Account, the Customer can proceed with the purchase of Product(s) on the Website that they select from those offered on the Site by the Company.

Once their selection is made, and the delivery method chosen, the customer accesses a summary of their Order, which they are led to verify and - if necessary - modify, particularly if they notice errors and/or wish to add or remove Products.

The Customer is then invited to proceed with the validation of the Order. Once their Order is validated, the Customer must proceed with the payment of the Total Price, under the conditions of Article 7 below.

Once the payment is made, the Customer then receives an email confirming the payment and confirming the Order, specifying the terms and delivery times of the Product(s) to the address indicated by the Customer.

The Company reserves the right to refuse the Order if it is abnormal (quantities or regularity suggesting that the Customer is acting for professional or commercial purposes, for example), placed in bad faith, or for any other legitimate reason, and in particular when there is a dispute with the Customer regarding the payment of a previous order.

Article 6 - Presentation and Availability of Products

6.1. In accordance with the provisions of Indonesian consumer law, the essential characteristics and prices of Products offered for sale electronically are available on the Site. The price of each Product is indicated per item and reference.

The Customer is informed that the representations and photographs of the Products on the Website are as accurate and faithful as possible to reality, but cannot ensure perfect similarity with the Products, particularly regarding colors, dimensions, and other characteristics that may be altered notably by lighting during photo shoots and by screens or internet browsers used to view them.

6.2. The Company makes its best efforts to keep information on the availability of Products on the Site up to date. Thus, generally, only available and in-stock Products can be effectively ordered.

In case of stock shortage or unavailability of Products after Order finalization, the Company will inform the Customer as soon as possible and offer to defer delivery pending restocking or to be refunded. The definitive or temporary unavailability of a Product shall not in any case engage the Company's liability.

Article 7 - Financial Conditions

The Total Price is indicated on the Order summary, before final payment. The Total Price is expressed in Indonesian Rupiah (IDR) and may be displayed in EUR and USD for indicative purposes. It includes all applicable taxes in Indonesia.

Telecommunication costs inherent to accessing the Site are the exclusive responsibility of the Customer.

Payment is due at the time of Order and is made through one of the following payment methods: international credit card (VISA, Mastercard) and local electronic wallets.

Payment is made directly via the electronic payment platform of our payment provider Xendit.

The website www.treelogy.com is equipped with an online payment security system allowing the consumer to encrypt the transmission of their banking data via the monetary server of the secure payment platform. At no time will the consumer's banking data transit through Treelogy's computer system.

The transaction is immediately debited from the Customer's credit card after verification of the data by Xendit, and subject to receiving the debit authorization from the Customer's bank.

Article 8 - Order Delivery

8.1. Deliveries are made to the address indicated by the Customer during Order validation, according to the delivery method they have selected. The Customer is informed that deliveries resulting from Product Order(s) on the Website are made in Indonesia and internationally.

8.2. Delivery times are indicated on the Site at the time of Order placement by the Customer and may vary depending on the availability of stocks of the ordered Product or the delivery method selected by the Customer. Delivery times are understood in working days and correspond to average preparation and shipping times for an Order. The delivery time runs from the date of Order confirmation by the Company.

8.3. The amount of delivery charges is included in the Total Price and is indicated to the Customer so that they can consult and validate it before final Order validation.

8.4. Risks on the Products are transferred to the Customer upon receipt of the ordered Product(s). The Customer is required to verify the condition of the packaging and delivered Products upon receipt. It is the Customer's responsibility to issue the reservations and complaints they deem necessary, or even to refuse the package when it is damaged upon delivery.

8.5. The Company cannot be held responsible for a delivery defect or delay that would be due to the Customer (for example, incomplete or inaccurate delivery information provided at the time of Order, not allowing the delivery to be carried out as planned) or to a case of force majeure.

Article 9 - Right of Withdrawal

The Customer has a right of withdrawal that they can exercise within fourteen (14) calendar days from the date of receipt of the Order by the Customer.

The Customer who wishes to exercise their right of withdrawal must:

(i) complete, sign the withdrawal form (a model has been annexed to these T&Cs - Annex) and send it either by email or by postal mail to the addresses indicated in the Annex;

(ii) upon receipt of the Company's response, indicating the address to which to ship the Product, the Customer must return the ordered Product in its original packaging, in its original condition, new, unused/unopened, with the references of the initial Order.

The return of Products is at the Customer's expense and risk. It is strongly recommended that the Customer use a means allowing traceability of the return.

The Company will reimburse the Customer for the Total Price paid for the Order that was subject to withdrawal by the Customer under the above conditions, using the original payment method, no later than fourteen (14) days following the date on which the Company is informed of the Customer's decision to withdraw, subject to having received within this period the Product(s) subject to the right of withdrawal.

The Company reserves the right to refuse reimbursement of Products that have been used/opened.

Article 10 - Warranties - Liability

10.1. The documents, descriptions, and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, except for the guarantees provided by law. The Company is obliged to deliver Products in compliance with contractual and legal provisions.

10.2. The use of Products assumes an appropriate lifestyle. The Customer is informed that the consumption of Products is strongly discouraged without the prior advice of a healthcare professional, if they are in one of the following cases:
health problems;
specific nutritional or dietary regimen;
pregnant person;
medical treatment,
pathology,
allergy,
food intolerance;
intensive sports practice.
The Products are not medications and cannot be used as substitutes for a varied and balanced diet. The Company cannot be held responsible for the consumption of Products if it turns out that the Customer had not taken the necessary precautions to protect themselves from any risk. The Company does not guarantee any obligation of results regarding the effects of the Products for the Customer.

10.3. In addition, the Company guarantees consumers against conformity defects under the conditions provided by Indonesian consumer protection law.

Article 11 - General Customer Behavior

The Customer must be over 18 years old and have the legal capacity to contract. In case of doubt about the Customer's majority, the Company reserves the right to immediately suspend their Customer Account without notice.

The User and the Customer are prohibited, on the occasion of using the Site, creating a Customer Account and/or any Order on the Site, from: communicating information, particularly for registration, payment, and/or delivery purposes, that is incorrect or false; using the Site for illegal or fraudulent purposes. In case of infringement or contravention of these rules, the Company reserves the right to delete all litigious elements without notice.

The Customer must ensure that all information they communicate to the Company remains correct and refrains from creating or using on the Site, except with authorization, other Customer Accounts than their own under their own identity and/or that of a third party, it being reminded that any identity usurpation is liable to prosecution and criminal sanctions. Any contravention of this commitment may result in the immediate suspension without notice of their Customer Account.

Article 12 - Intellectual Property Rights of the Company

The Company is the holder of the right to exploit the "Treelogy" trademark, an Indonesian trademark protected and registered with the competent authority in Indonesia.

The Company is also the exclusive holder of intellectual property rights on the Website, particularly all intellectual creations, such as texts, comments, illustrations, videos, and images, whether visual or audio, reproduced on the Site. All these creations are protected under copyright law, trademark law, patent law, image rights, etc., for the entire world and are the full and entire property of the Company.

Nevertheless, the Company grants Customers and more generally any User a personal and limited license allowing them to reproduce and display the contents of the Site, but only and strictly for their personal and private use in their capacity as consumers, for the sole purposes of viewing the Site or placing an Order under the conditions provided and authorized herein.

This license expressly excludes any other right, including that of modifying, copying, reproducing, translating, disseminating, publishing, transmitting, distributing, producing, displaying, or assigning all or part of the contents appearing on the Site and/or available through it.

In this regard and in accordance with the provisions of Indonesian intellectual property law, only use for private purposes subject to different or even more restrictive provisions of this right is authorized. Any other use constitutes infringement and is sanctioned under intellectual property law, except with prior authorization from the Company.

Article 13 - Protection of Personal Data

The Company collects, stores, and processes personal data of Users and Customers for the purposes of operating the Website, particularly for processing Orders placed thereon.

In the context of this processing, the Company is responsible for processing personal data and complies with the provisions of Indonesian law on personal data protection.

For more information, Users and Customers can refer to the Company's privacy policy, available at the following link: [Insert link to privacy policy]

Article 14 - Force Majeure

In the event of a force majeure situation, as defined by Indonesian law and jurisprudence, temporarily preventing one of the Parties from fulfilling its obligations, the respective obligations of the parties will be suspended and neither Party will incur any liability as a result.

The party prevented by a force majeure event undertakes to notify the other party and commits to do everything possible to minimize the damage and fulfill its obligations as quickly as possible after the cessation of the force majeure event.

In the event of such an occurrence, the Company and the Customer will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event continues for more than one month, the Product sales contract may be terminated by either party.

Article 15 - Correspondence

Unless otherwise specified in these T&Cs, correspondence exchanged between the Customer and the Company is ensured by email to the Company's Customer Service at the following address:hello@treelogy.com.

In accordance with Indonesian law, information delivered by email is considered valid unless contradictory authenticated and signed writing, challenging this computerized information, is produced.

Elements such as the time of receipt or transmission, as well as the quality of the data received, will take precedence as they appear on the Company's information systems, or as authenticated by the Company's computerized procedures, unless the Customer provides written proof to the contrary.

Article 16 - Entirety

The provisions of these T&Cs express the entirety of the agreement concluded between the Customer and the Company. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of these T&Cs, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject matter of the T&Cs, except for amendments duly signed by the representatives of both parties.

The preamble is an integral part of the T&Cs.

Article 17 - Non-Waiver

The fact that the Customer or the Company has not required the application of any clause of these T&Cs, whether permanently or temporarily, can in no case be considered as a waiver of the rights of that party arising from said clause.

Article 18 - Nullity

If one or more provisions of these T&Cs were held to be invalid or declared as such under a law, regulation, or following a final decision of a competent court, the other stipulations of these T&Cs will retain all their force and scope. In such a case, the Company undertakes to immediately delete and replace said clause with a legally valid clause.

Article 19 - Title

In case of difficulty of interpretation between the title and the chapter of any of the Articles and any of the clauses, the titles will be deemed unwritten.

Article 20 - Jurisdiction - Applicable Law

These T&Cs, the use of the Site, and all Orders placed on the Site are subject to Indonesian law.

Mediation

In accordance with Indonesian consumer protection law, the Customer has the option to initiate a request for amicable resolution through mediation in case of a dispute.
Failing an amicable resolution, any dispute relating to the interpretation of the T&Cs, the execution or termination of a sale, the interpretation, execution, or termination of these T&Cs is subject, in the absence of an amicable agreement, to the assessment of the competent Indonesian courts.

Annex: Withdrawal Form

Please complete and send this form along with the order number only if you wish to exercise your right of withdrawal regarding an Order.

PT. Treelogy Regenerative Moringa
Jalan Bumbak, Kerobokan
Kec. Kuta Utara, Kabupaten Badung
Bali 80361, Indonesia
hello@treelogy.com


I hereby notify you of my withdrawal from the contract for the sale of the following item(s):
…………
…………
…………
Ordered on ………… (order date) and/or received on ………… (delivery date)

Name of the consumer Customer:
Address of the consumer Customer:
Date:
Signature of the consumer Customer: