Terms and Conditions

1. INTRODUCTION

These terms and conditions apply to all products and services available online at www.fortuneberry.com (hereinafter the “Platform”) provided by FortuneBerry OÜ, hereinafter “FortuneBerry”.

FortuneBerry provides the Platform for responsible farmers to list and pre-sell their products and for individual or organizational buyers (hereinafter “Purchaser”) to buy such products.

FortuneBerry reserves the right to change these conditions at any time, with said changes entering into force once they are published on the Platform. These conditions are designed to ensure customers’ full satisfaction and understanding of the online purchase process.

 

2. USE OF THE PLATFORM

This Platform is intended for Purchasers to obtain the products of the farmers. The Purchaser will only use the information on this Platform to find out about farms that can be funded or to purchase products or other products for their own personal use.

The Purchaser must keep all of their login details for the Platform (such as their password, etc.) confidential and must immediately inform FortuneBerry if they notice or suspect the unauthorised use of their user account. In such cases, the Purchaser is held responsible for the unauthorised use of the Platform. The Purchaser is liable for any declarations of intention to purchase products or services that are sent using their login details or password.

 

3. PARTIES TO THE CONTRACT

FortuneBerry acts as a partner and commercial agent for farmers, logistics and packaging companies and retailers. Under these conditions of sale, “Farmer” refers to the parties who grow and sell the products. Accordingly, the contract formed at the completion of a sale of the products is solely between the Purchaser and the Farmer.

For this reason, under no circumstances may FortuneBerry be held responsible for any change in the availability or the characteristics of the products, the date of completion of the product, location or price, or the complete cancellation of the project.

FortuneBerry sells the product under the conditions determined by the Farmer. The quantity of product available for sale varies depending on the year and season as well as the project. Product is available through online bookings.

The Farmer is responsible for the sale of the products and for dealing with any Purchaser claims or any other issue arising out of or in connection with the contract between the Farmer and the Purchaser.

The Purchaser who places the order is deemed to be solely responsible for the booking and for payment, even where the order is placed on behalf of one or several third parties.

 

4. PRE-SALE

The Farmer specifies the period during which product will be pre-sold and the minimum amount of product required in order to be able to organise the project. Pre-sale of products is necessary in order for the Farmer to be able to assess if it is economically feasible to organise the project. The Farmer may set a minimum product purchase limit (hereinafter “Pre-Sale Goal”), below which the project will not be organized. A corresponding note explaining the Pre-Sale Goal is made in the description of the project. The Purchaser is aware that the project may be cancelled due to the fact that the Farmer does not receive from the pre-sale the minimum amount needed to organise the project. Such a situation is not considered a breach of contract and the Purchaser cannot claim damages against the Farmer or the FortuneBerry.

Purchaser pays throughout the pre-sale period to FortuneBerry’s bank account, where it will be kept in escrow until the Pre-Sale Goal is achieved, whereby FortuneBerry incurs an obligation to the Purchaser to transfer the product fee to the Farmer. Payment to farmers, would be done by transferring money or any other ways has already been agreed.

If the Pre-Sale Goal is not achieved the project will not enter into force, whereby FortuneBerry incurs an obligation to return the product fee to the Purchaser. The Purchaser is repaid to the same bank account from which the Purchaser paid.

The Purchaser has no right to demand refund for the product paid to FortuneBerry, unless the booking period ends without achieving the Pre-Sale Goal or if the Farmer withdraws from the project or FortuneBerry removes the project from the Platform. In such a case, FortuneBerry shall repay the product fee to the same account from which the Purchaser paid, within 30 business days as of the moment the obligation arose.

If the Pre-Sale Goal is raised, the product sale contract signed for that project will enter into force on the day after the pre-sale period ends and the Farmer shall have an obligation to each Purchaser to carry out the project pursuant to the project description. At the same time, FortuneBerry shall incur the obligation to the Farmer to transfer all pre-sale product fees to the Farmer according to the agreed plan.

The Purchaser remains anonymous for the public and the Farmer. The Purchaser’s identity shall be known solely to FortuneBerry, and FortuneBerry shall not disclose the identity and the contact details to the Farmer.

 

5. TERMINATION OF THE CONTRACT

By confirming their pre-sale product order, the Purchasers declare that they are aware of and accept i) these conditions of sale, which are an integral part of the agreement between the parties, ii) any special terms and conditions that may be displayed on the Platform, and iii) the Farmer’s conditions, which can be found on their respective platforms. The application of these conditions and the above-mentioned conditions is a prerequisite for the agreement of FortuneBerry to the contract of sale.

The Purchaser makes an offer to enter into a contract when they click the “Purchase” button on the booking page for the project offer in question.

In case of an error of the indicated price, whatever the reason may be (information technology bug, human failure, technical failure of the purchase) – the purchase will be cancelled, and Purchaser will be informed as soon as possible. The Purchaser will have the option to confirm the purchase at the corrected price.

All orders are placed subject to verification of the payment card and other security checks. The transaction may therefore be cancelled should it fail FortuneBerry’s verification process.

FortuneBerry reserves the right to cancel bookings that it reasonably suspects of having been made fraudulently.

 

6. PROJECTS

The details of projects that appear on the Platform, namely details of the farms and Farmers including produce and price, are provided to FortuneBerry by the project’s Farmer. FortuneBerry does not have any opportunity to examine or verify this information. FortuneBerry may not be held responsible for the accuracy of the details provided by the project’s Farmer.

 

7. PAYMENT AND PRICE COMPONENTS

The sale price of the produce will be indicated on the Platform at the time of ordering. As well as the sale price of the produce, admin, shipping and packaging fees, which may vary according to the project, may also be charged. All fees shown on the Platform include VAT.

The total price of the order, including all fees, must be paid immediately once the purchase is committed. Payment must be made by credit/debit card and, for certain projects, may also be made by bank transfer.

Additional, optional services and/or products may also be offered separately and will be charged in addition to the fees displayed.

Although FortuneBerry aims to ensure that all prices on the Platform are correct, errors may occur. If an error is discovered by FortuneBerry in the price of any item that the Purchaser has ordered, FortuneBerry will inform them as soon as possible and give them the option of reconfirming their order at the correct price (and crediting or debiting their account as applicable) or cancelling their order. If FortuneBerry is unable to communicate with the Purchaser, the latter agrees that FortuneBerry will treat the order as if it had been cancelled. If the Purchaser chooses to cancel even though they have already paid the incorrect price, they will receive a complete refund from FortuneBerry.

By the case that FortuneBerry sells the product in behalf of purchaser, after reducing commission and legal expences, all the revenue of this selling will transfer to the bank account of purchaser in 2 weeks

 

8. AVAILABLILITY OF THE PRODUCTS

As the Farmers cultivate products which vary depending on the year and season, all orders are subject to availability of products. The current offer is available on the Platform and can be modified at any time without any prior notice.

The Farmers may face issues regarding the harvest or product delivery. In the event the Farmer could not fulfill his/her commitments, FortuneBerry will reimburse the Purchaser with the paid amount.

 

9. DELIVERY

By default, FourtuneBerry sells the product on behalf of the purchaser through its business partners and delivers all the revenue of such sellings to the purchaser after deducting commissions and legal fees, unless the purchaser ordered for receiving the product.

FortuneBerry reserves all rights to sell products to any customer in any market and under any conditions it deems appropriate.

 

By the cases that purchasers need and order to receive the product, once the product is ready, the Purchaser will appoint a commercial agent to ship, package, handle, store or resell the product. The details of shipping, handling, packaging, storage or reselling, as well as the fee for such services and the commission fee of the commercial agent will be agreed separately.

 

10. RETURN AND RIGHTS OF WITHDRAWAL

As FortuneBerry is considered a B2B and B2C service, the 14-days withdrawal right is not provided for Purchasers.

 

11. RISK MANAGEMENT

Purchaser aware and accepts that pre-purchasing any agro-food product contains risks.

These are some of risks that purchasers maybe face to them:

• Market risks
• Farmer risks
• Climate risks
• Social and Political risks
• Technical risks
• Logistic risks

FortuneBerry tries to manage all risks as much as possible via different policies and tools, but doesn’t have any commitment and guaranty to predict and control all risks.

 

12. LIABILITY

Although FortuneBerry reasonably endeavours to verify the accuracy of all information it publishes on its Platform, it gives no guarantee of the accuracy of this information. The Platform is provided “as is” and “subject to availability” for customers’ personal information and use only, with no announcements or promotions. Unless otherwise indicated in the specific conditions relating to a given product or service, FortuneBerry gives no guarantee relating to the Platform or the products or services offered on the Platform by FortuneBerry or in its name including, in particular, guarantees of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, state or completeness, or any tacit guarantee arising from negotiations, usage or trade.

Unless otherwise indicated in the specific conditions relating to a given product or service, FortuneBerry gives no guarantee that the Platform or the products offered on the Platform will meet customers’ requirements or will be available continuously, punctually, safely and without errors, that faults will be corrected, or that the Platform, its server, the products or the services offered on the Platform by FortuneBerry or in its name are not infected by viruses or bugs or are fully functional, accurate or reliable.

The Purchaser acknowledges that FortuneBerry cannot guarantee and therefore cannot be held liable under any circumstances for the security or confidentiality of the Platform and any information provided on the Platform or obtained from it by the purchaser.

For damage arising from gross negligence by FortuneBerry or a deliberate breach, FortuneBerry is liable in accordance with statutory provisions. For damage arising from a breach of the fundamental contractual obligations by FortuneBerry, the liability is limited to the monetary amount not exceed the value of the item that has been sold to the Purchaser who is claiming the compensation for the damages.

 

13. BREACHES OF THIRD-PARTY OBLIGATIONS

FortuneBerry may not be held liable for the acts, omissions or other actions of third-party users, FortuneBerry users, advertising partners and/or sponsors on the Platform in relation to the FortuneBerry services or the use of the Platform. FortuneBerry may not be held liable for the products, services, or other acts and omissions of the event, artist, Farmer or any other third party referred to on the Platform or who is related to the Platform in any way whatsoever. Purchasers may inform FortuneBerry of any misuse by other purchasers, advertising partners and other contractual partners of FortuneBerry. FortuneBerry reserves the right to investigate these requests and take the necessary measures at its sole discretion.

 

14. DATA PROTECTION

The FortuneBerry data protection policy applies to the collection and use of personal data. You can find FortuneBerry’s data protection policy here: https://fortuneberry.com/privacy-policy/

 

15. INTELLECTUAL PROPERTY

The FortuneBerry logos and design as well as all other trademarks and logos displayed on this Platform are protected by FortuneBerry and its commercial partners as registered and unregistered trademarks. These trademarks or logos may only be reproduced or used with the written authorisation of FortuneBerry or its commercial partner. The same applies to all content and software on the FortuneBerry Platform, which remain the exclusive intellectual property of FortuneBerry and are protected by copyright law.

 

16. PLACE OF PERFORMANCE AND APPLICABLE LAW

The contract is governed exclusively by Estonian law, and the United Nations Convention on Contracts for the International Sale of Goods is excluded.

Any dispute relating to this contract, its interpretation or its execution will, in the absence of an amicable solution, be subject to the exclusive jurisdiction of the courts of Estonia.