GENERAL TERMS

The general terms set out below govern the sale (or the adherence to a service, as indicated hereunder) of the sales and services indicated in this Purchase Order Form (hereinafter referred to as the "Form"), between:

  1. PLANET IMPACT INTERNATIONAL LTD, a company registered under the Laws of Malta and having its Company Registration Number C 79256 and having  its registered office in Smartcity Malta, Building SCM 01, Lvl G, PnP 05, Ricasoli, Kalkara SCM 1001 - Malta, (hereinafter, referred to as the "Provider" or the "Seller"); and
  2. the final customer  (hereinafter, also the "Client" or the "Customer").

All information relating to the price lists applied by the Seller, as well as the quality and characteristics of the goods being purchased by virtue of the Purchase Order Form (the “Form”), are provided to the Customer and made available on the Provider’s website  www.planetimpact.com (the “PI Website”) and are at any time available to the Client together with the electronic copy of the Form, in the private area for clients on the PI  Website.

The Client acknowledges that the e-Shop of the Provider is made up of several products and that the e-Shop manages the purchase or, where applicable, adherence to different kind of services and products.

Therefore, the Form covers the purchase of each of the different types of services and/or products and applies upon checkout and payment of said services or products in the shopping cart of the Client for the pertinent purchase and payment.

1. CONCLUSION OF THE CONTRACT

1.1. By filling in and submitting this Form through the Seller's Website, the Client formalises the order pertaining to either the:

a.                  Subscription Services ("Academy Earth Alliance Foundation"); and/or

c.                  "Other Products";

hereinafter better described.

With the submission of the Form, the Client assumes the obligation of payment for the products or services, as well as accepts the terms listed hereunder.

In the case of the "Subscription Services," the Client accepts the terms under Article 2, below.

In the case of purchase of the "Reforestation Service," the Client accepts the terms under Article 3 below.

In the case of purchase of the"Other Products," the Client accepts the terms under Article 4, below.

1.2. The sales contract between the Seller and the Client (hereinafter referred to as the "Contract") must be understood as concluded and therefore producing effects between the Parties upon acceptance of this Form by the Seller, which is subject to the due receipt by the Seller, of the relevant consideration. Confirmation of acceptance of this Form will be communicated by the Seller to the Client by email to the email address indicated by him/her. It is understood that in case the Seller does not receive the consideration above within fourteen (14) days from the submission of the Form, this latter should be intended as ipso iure terminated.

2. SUBSCRIPTION SERVICES

2.1. Where the purchase is of the Subscription Service called ‘Planet Impact Academy’, the subject matter of the Form is a request to subscribe to a service consisting of access to a digital platform bearing the same name. The Subscription Service can be accessed either through a mobile application, available on both the Apple Store and Google Play (“mobile app”), or on the web app, available on www.planetimpactacademy.com (the “web app”). The Client is granted use of the mobile app and/or web app for the time period indicated in the subscription. The right of use of the mobile app and/or  the  web app would expire upon termination of the subscription.

The Customer’s login and password details will be provided via email. This shall be subject to verification of the email address associated with the Customer account.

2.1.1. On the web app and the mobile app, videos and illustrative and informative films are published in digital format, as well as teaching materials - including online courses and webinars - concerning ecological and environmental issues, as well as environmental awareness relating to climate change and education on ‘eco-friendly’ behaviors and training videos that solve problems or make everyday life easier, known as Life Hacks. The platform also provides the customer with an instant messaging service, through which the customer can interact and communicate with other users and members of the Subscription Service.

2.1.2. The Learning Management System (“LMS”) on the web app, as well as the mobile app,  are set up, developed and managed by the Provider. The content of the mobile and web app are prepared, developed and updated by EAF, a Foundation set up under Swiss law with headquarters at Arifida Sa in Via G. Motta 18, 6830 Chiasso, Switzerland (hereinafter “EAF”). EAF has exclusive ownership of the intellectual property rights over this content, including copyright. The latter is granted to the Provider for a fee, through the payment of royalties, which in return grants the Provider the right to use and exploit the content above by publishing them on the digital platforms referred to above.

2.1.3. EAF, on the other hand, will use the proceeds of royalties for the purchasing of land or lots of lands, to protect them from logging, and/or to regenerate them through interventions of deforestation and/or reforestation, in line with the aims of EAF. In particular, EAF will allocate a portion of the land subject to regeneration for each subscription to the Subscription Service signed up to by the customers of the Provider, to provide evidence of the contribution made by signing the Subscription Service and avoiding any overlaps (so-called overlapping. The Customer shall not acquire any property rights, real rights and/or rights of enjoyment on the land acquired by EAF.

2.1.4. In order for the Customer to be able to follow the process of Earth Alliance Foundation’s land acquisition in terms of Article 1.2 above, the Provider shall make available, within sixty (60) days from the conclusion of the contract under Article 1.2,  data showing all the land or lots acquired by Earth Alliance Foundation. The Provider shall also make available to the Customer the geo-location of the land or lots mentioned, and where possible, any relevant public deeds and official documents, photographic surveys. These shall be made available on the Customers’ on “www.earthalliancefoundation.com”.  

2.1.5. EAF undertakes to combine the subscription to the Academy Service signed by the Customer with the geographical location of the portion of land in question within 60 (sixty) days from the date of payment of the order object of the Form, except for any delays in the aforementioned process due to  causes of force majeure as indicated in Article 3.7. 

2.1.6. The "master" register showing the combination of the geo-localized land portions is saved periodically in an "XML" file the content of which is validated by an algorithm called SHA2 which will result in a unique alphanumeric code (HASH KEY). This code allowing you to verify the XML file previously saved is not modified in any way.

The guarantee that the hash key is not changed in any way over time is given by the subsequent writing of the unique code (HASH KEY) inside the Ethereum blockchain through a Smart Contract, a procedure that usually takes place every hour.

2.1.7 Once the pairing of the portion of land as indicated above has been completed; the Client will receive a certificate from EAF in PDF format which can be downloaded by accessing the Customer's reserved area on www.earthalliancefoundation.com (“the EAF Website”). The Certificate identifies the geographical location, the coordinates, the name and URL of the backup XML file, its unique code (HASH KEY) and the address of the Ethereum contract where the same unique code (HASH KEY) is saved, and which cannot be modified. If the content of the XML file relating to the aforementioned master register backup differs in one or more records with respect to an XML backup of the previous mother registry, this can be attributed to the rectification of an order or a canceled order. The reason for this adjustment will be written in the master register and then saved again and validated with the XML backup and a new unique code (hash key).

2.1.8. The Service is provided ‘as is’ (“tale e quale”), meaning  the Provider does not provide any guarantee on it, and, within the limits set by the mandatory regulatory provisions in terms of the Applicable Law, the Provider will not be liable for any direct, indirect damage and/or consequential (including damages from loss of profit, loss of information, damage to hardware, software, smartphone, tablet and/or PC) and/or loss of any kind resulting from the use (or incorrect use) of the Service and/or personal account as per Article 2.1.9. Below. The Provider shall not be held liable for any damage in respect to the following::

  1. failure of the Provider to provide the Service due to non-functioning of the electronic means of communication, due to causes beyond the sphere of its foreseeable control, including, by way of example, fires, natural disasters, lack of electricity, unavailability of telephone connection lines or other network service providers, malfunctioning of computers and other electronic devices, even where they are not an integral part of the Internet network, malfunctioning of the computer programs installed by the Customer;
  2. actions caused by third parties;
  3. damage deriving from force majeure, including, by way of example, extraordinary and unforeseeable events due to natural causes (such as earthquakes, floods, landslides, tsunamis, and natural events for which the competent authority has declared a state of emergency) / or natural disaster), government acts and provisions, fires also in the data center, explosions, riots, embargoes, sabotage, terrorist acts, acts and measures by civil or military authorities, strikes and power outages, cable theft.

It is understood that if the applicable law does not allow for exclusions or limitations of warranties and/or liability towards the Customer, the limitations referred to above will apply to the extent permitted by such laws.

2.1.9. The Service is of the "SaaS" type ("Software as a Service"). The following are the minimum functional requirements that the device must have to allow the installation and optimal functioning of the mobile app and access to the private area of ​​the platform from smartphones and tablets:

Smartphone operating system: iOS, Android

Hardware features: 50 Mbytes of available memory

for iOS operating systems - 8 and subsequent, iPhone / iPad / iPod touch

for Android operating systems - 4.0 or subsequent

The description in detail of the type and characteristics of the Academy Service is always available on the PI Website, and, with the acceptance and the sending of the Form, the Customer declares to have read and understood these types and features.

2.2. The duration of the subscription to the Academy Service is thirty (30) days, starting from the date of conclusion of the contract in accordance with Article 1.2. The subscription fee for each period of thirty (30) days is equal to sixty Euro (€ 60), plus VAT as per law (where applicable), and allows activation of only one (1) account per person. After the expiry of the thirty (30) days mentioned in this Article, where the subscription is not renewed, the service is deemed to be concluded without further claims by the Customer.

2.3. Payment of the fee mentioned above can be made by credit card (VISA, Mastercard, American Express), PayPal, or a permanent payment order by bank transfer, following the instructions published on the Website, activating a permanent Sepa Direct Debit order. It is understood that, if the Customer has opted for payment by debit on a bank account or by credit card/PayPal, the practical application of this payment method is subject to acceptance, respectively, of the bank or the issuing body of the credit card, as well as notification of successful transaction and/or that the payment method has not been revoked.

2.4. The subscription will be automatically renewed for a period of a further thirty (30) days for the payment of the fee referred to in Article 2.2 above, with Sepa Direct Debit, Visa, Mastercard, Paypal or Bank Transfer - unless the Customer sends a written communication via email to the following address: support@planetimpact.com, to withdraw from the Contract within at least eight (8) days prior to the expiry of the subscription period. It will be possible to request the cancellation of the subscription also through a particular function present in the Customer’s reserved area on the Website, always within the eight (8) before the expiry of the subscription period.

2.5. The relative fiscal documents, registered to the Customer, will be sent to the latter’s email address in electronic format following the successful completion of the individual payments - including, therefore, those of any renewals.

2.6. The Customer has a period of fourteen (14) days to withdraw from the Subscription Agreement, without having to provide any reasons and without incurring any costs, to be exercised by either by cancellation of the service through the User’s account settings, or registered letter within which the customer must make an unequivocal statement setting out his/her decision to withdraw from the contract, whilst also attaching the return receipt, within fourteen (14) days, starting from the date of conclusion of the Contract. For the exercise of this right, the Customer may use the facsimile referred to in Article 7.8. following.

Unless otherwise agreed in writing between the Seller and the Customer, the refund resulting from the exercise of the right of withdrawal will be made with the same means of payment used by the Customer for the initial transaction.

3. OTHER PRODUCTS.

3.1 Articles 3, 4, and 5 reported below govern the general sales conditions applicable to the products marketed by the Provider, better described on the PI Website . These conditions are, therefore, applicable to the Form only if the products mentioned above have been included in the Customer's cart.

3.2. Payment of the purchase price may be made by credit card (VISA, Mastercard, American Express), PayPal, or a single bank transfer or Sepa Direct Debit, following the instructions published on the PI Website.

It is understood that, if the Customer has opted for payment by debit on a bank account or by credit card/PayPal, the effective application of this payment method is subject to acceptance, respectively, of the bank or the issuing body of the credit card, as well as the fact that the payment is successful and/or that the payment method has not been revoked.

3.3. The relative fiscal document, in the name of the Customer, will be sent to the latter in electronic format, to the email address of the same, for the successful completion of the payment.

4. DELIVERY

4.1. The Seller will deliver the products purchased to the Customer by courier (the relative costs will be calculated automatically and indicated in the order summary table), to the delivery address communicated by the Customer in this Form, within a maximum period of thirty (30) days from the conclusion of the contract according to Article 1.2. above, unless otherwise indicated to the Customer.

4.2. In the event of non-delivery within the established deadline, for reasons other than the unforeseeable event and/or force majeure, the Customer will indicate to the Seller an additional deadline within which to deliver the products.

4.3. Failure to comply with the new deadline indicated by the Seller gives the Customer the right to terminate the Contract and to be reimbursed for the sums paid in the execution of the Contract.

4.4. The additional term does not apply where it appears that the delivery deadline by the date indicated, or agreed, is essential for the Customer, taking into account all the circumstances that accompanied the conclusion of the contract or if the Customer has explicitly in the Form indicated the essential nature of the delivery term. In this case, failure to comply with the delivery deadline entitles the Customer to terminate the Contract without further indication, with the repayment of the sums paid.

4.5. Together with the purchased products, the Customer will be given the relevant tax document (where required by the applicable laws in force), or the transport document, which the Customer will be required to keep for the guarantee operation referred to in Art. 5. below.

5. LEGAL GUARANTEE OF CONFORMITY.

5.1. The products supplied by the Seller are covered by the legal guarantee of conformity, which guarantees the products themselves from lack of conformity.

5.2. The Seller is liable to the Customer for any lack of conformity which exists at the time of delivery of the products and which occurs within two (2) years of delivery.

5.3. To benefit from the legal guarantee of conformity, the Customer must provide proof of the date of purchase and the actual delivery of the product purchased.

5.4. Any lack of conformity of the purchased products must be reported by the Customer by registered letter with return receipt to be sent to the Seller, to the address indicated in the Form, within two (2) months from the date on which such a defect was discovered, under penalty of forfeiture of the guarantee.

5.5. Unless proven otherwise, it is assumed that the lack of conformity that occurs within six (6) months of delivery of the products mentioned above, as identified above, already existed on that date, unless this hypothesis is incompatible with the nature of the products themselves or with the nature of the lack of conformity.

5.6. In the event of a lack of conformity reported by the Customer following the provisions of this Art. 5, the Customer has the right, beforehand and without charge, to restore conformity of the purchased product, through repair or free replacement of the same according to the Customer’s wishes, within a reasonable timeframe, if this is possible concerning the number of copies still available for sale, unless the remedy requested is objectively impossible for the Seller.

5.7. In the event that the replacement of the product object of the Contract is objectively impossible, or the replacement has not been carried out within a reasonable time, or the replacement previously made has caused significant inconvenience to the Customer, he has the right, at his choice, to reduce the price or the termination of the Contract.

5.8. It is understood that the guarantee referred to in Article 5. does not operate if the defect of the product is due to improper use of the same, and/or does not comply with the relative instructions and methods of use and/or storage. To applications that are not recommended and/or incorrect; tampering with the same; to negligence and/or carelessness; to changes made to the product.

6. RIGHT OF WITHDRAWAL.

6.1. The Customer has the right to withdraw from the Contract, and, therefore, from the order made by the same, without indicating the reasons and without incurring any additional costs save for the costs according to Article 6.5 below, either through cancelling the order from the Website, or by email on support@planetimpact.com or , by registered letter within which the customer must make an unequivocal statement setting out his/her decision to withdraw from the contact, whilst also attaching the return receipt, within fourteen (14) days, starting from the date on which the Customer acquires physical possession of the products purchased, including through a designated third party other than the carrier, or:

6.2. The Customer must return the products perfectly intact and complete with all their parts, accessories, equipment and documentation as well as packed in the original packaging, kept with normal diligence, without damage and/or signs of wear and/or dirt.

Products which are missing their packaging or missing elements and/or accessories and as a result depreciate the value, or damaged products, will not be considered intact and cannot be returned.

6.3. The Customer is only responsible for the decrease in value of the products resulting from their handling other than that necessary to establish the nature, characteristics, and operation of the products.

6.4. The Customer will be required to return the products and must deliver them or send them back to the Seller within fourteen (14) days from the day on which the withdrawal was communicated to the Seller.

6.5. The costs of returning the products will be charged to the Customer. The Customer will be responsible for the shipment and delivery, until certification of the item is received by the Seller.

6.6. Only after receipt of the products and after having positively verified compliance with the terms and conditions for the exercise of the right of withdrawal, as well as the integrity of the products themselves, will payments be reimbursed to the Customer, including delivery costs (to the exception of the additional costs deriving from its possible choice of a type of delivery different from the less expensive type of standard delivery envisaged by the Seller).

6.7. Unless otherwise agreed in writing between the Seller and the Customer, refunds will be made with the same payment method used by the Customer for the initial transaction.

6.8. For the content of registered letter A / R for the exercise of the right of withdrawal, the customer can use the following facsimile:

“Dear PLANET IMPACT INTERNATIONAL LTD.

Recommended a / R

With the present, I/we notify the withdrawal from my / our contract of sale of the following goods —Ordered the received the

Name of consumer (s)

Address of the consumer (s)

Signature of consumer (s)

Date”

7. PLANET IMPACT GIFT CARDS.

7.1.  The Seller also provides customers with unique Gift Cards, which can also be purchased on the PI website and used exclusively to make purchases through the eShop on the PI Website.

7.2. Gift Cards and any purchases made with the Gift Cards may be subject to different VAT rates. Due to the vagueness of the VAT rate at the time of the sale of the Gift Card, the sales invoice for these cards will be VAT exempt, classifying the Gift Cards as Multipurpose Vouchers as specified in the EU Directive 2006/112 / EC and EU Directive 2016/1065 which in turn was transposed into Maltese Law through Legal Notice 348 of 2017 which supplements the Value Added Tax Act (Chapter 406 of the Laws of Malta).

7.3. The Cards are transferable to third parties, but not for consideration.

7.4. The Gift Cards cannot be converted into cash (not even for any remaining residual amount). Without prejudice to any possible right of the Customer to receive a refund in the event of termination of the Contract for any reason and/or reason provided for by the applicable law, or even in case of withdrawal as provided for in the Form.

7.5. The Provider is not responsible in case of loss and/or theft and/or gift cards, nor in case of unauthorized use of the same.

7.6. Gift Cards do not have an expiration date; however, the Provider may change the types of purchases that can be made with the Gift Cards, giving them, in any case, adequate and timely notice and updating, therefore, the update of this Article 7. In the event of changes, the Customer may decide to return the Gift Card purchased from the same and obtain a refund of any unused amount.

8. THIRD-PARTY GIFT CARDS

8.1 Planet Impact collaborates with external partner companies, which support the activity of Planet Impact offering advantages to our customers, when they buy products or services from Planet Impact. An offer donated by one of our partners can therefore be present in the description of the product or service purchased. Please refer to the description of each product and to the Term and Conditions of our partners.

8.2 Limits of Liability. Precisely because the discount vouchers are free and offered free of charge by our suppliers to the service and product purchased by Planet Impact, our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to 1%, including taxes, of the total purchase of the product and service linked to the third-party discount voucher.

8.3 The customer indemnified us against any loss, liability or cost incurred by us arising as a direct or indirect result of:

  1. your use of a Voucher
  2. any breach of the Terms and Conditions Planet Impact
  3. Voucher Terms of Use of the supplier

8.4 When you receive for free a Discount Voucher and you redeem it on the website of the supplier, you accept that this forms a contract between you and the Merchant to allow you to redeem Products and/or Services in accordance with that Voucher. Planet Impact is not a party to this contract and it has nothing to do with us. The customer acknowledges that it is the Merchant, and not Planet Impact, who is the seller of the Merchant Products and/or Services to which the Voucher pertains

8.5 The conditions of use of third-party vouchers are briefly described in the description of the product or service purchased in Planet Impact shop, however, it is the customer's responsibility to review the terms and conditions on the supplier's original site.

8.6 Each Voucher purchased may only be used for a single transaction and must be redeemed on or before the stated Expiry Date; Please refer to the Terms and Conditions of the supplier’s original site.

8.7. The customer declares that in no case the purchase of products or services from Planet is questioned in relation to any problem or disruption caused by third-party discount vouchers. The customer, in fact, is aware of having received the voucher coupons as a gift and in addition to the service purchased. In particular, the customer declares that his purchase of Planet Impact products or services is exclusively made to use the product or service of Planet Impact.

9. COMMUNICATIONS.

Any communication relating to the Form and the Contract between the Seller and the Customer, unless otherwise stated, must be made by registered letter with return receipt.

10. PRIVACY - EU REGULATIONS NO. 679/2016.

The Customer's data, in compliance with the EU Regulation n.679 / 2016 ("GDPR"), and the Data Protection Act (Chapter 586 of the laws of Malta), will be processed for the sole purpose of fulfilling the provisions of the Contract between the Customer and the Provider. The data processing manager is Mr. Adrian Szumski, who can be contacted for any request concerning the data, by sending an email to the following address: privacy@planetimpact.com.

The Customer can express the voluntary consent to the use of the data for commercial and/or promotional communications concerning the services and products marketed by the Provider. Such consent may however be withdrawn at any time.

The Customer may also express the voluntary consent to the use of data by third-party companies for commercial purposes as well as the profiling of the data itself, even outside the European Union. Such consent may however be withdrawn at any time.

The disclosure according to Article 13, EU Regulation No. 679/2016, is available at “https://www.planetimpact.com/privacy”

11. APPLICABLE LAW. EXTRA-JUDICIAL MECHANISMS. JURISDICTION.

11.1. Maltese Law shall govern this Agreement between the Seller and the Customer.

11.2. Without prejudice to the possibility for the customer to use a European platform for the online resolution of consumer disputes (so-called "ODR platform," available at the following address “https://webgate.ec.europa.eu/odr”; through the ODR platform. The Customer will be able to consult the list of ADR entities, find the link to the site of each of them and start an online dispute resolution procedure in which they are involved), for any dispute concerning the interpretation, execution or termination of the Contract will be the competent court of residence of the Customer.

The Customer [ACCEPTANCE WITH TICK BOX]

If the Customer is resident in Italy, he/she declares that he expressly approves, according to Articles 1341 and 1342 of the Italian Civil Code (Codice Civile) and Articles 2.1.2, 2.1.7., 2.1.8., 7, 8, 9 and 10 of the Form as mentioned above.

The Customer [ACCEPTANCE WITH TICK BOX]


ONLINE PURCHASE ORDER FORM

Personal data:

Name and Surnamee ______________________________________________________

Fiscal Code________________________________________________________________

Place of residence: Via ____________, no. _______________________________________

Zip Code_______

City_______________ Province___________________________________________________________________

Phone__________________E-mail______________________________________________

Delivery address for the shipment of the purchased products (if different from billing address):

Street____________, No.____

Zip Code_______City________Province_______________________________________

ORDER:

CODE

DESCRIPTION OF THE PRODUCTS

QUANTITY

PRICE (EACH)

TOTAL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Delivery costs    

 

TOTAL ORDER                                                    

 

                                                                                       

 

(*)All amounts indicated in such Form are in Euro


PLANET IMPACT INTERNATIONAL LTD
Smartcity Malta, Building SCM 01 , Lvl G, PnP 05, Ricasoli, Kalkara SCM 1001 - Vat Id MT 23988522 - support@planetimpact.com  - Document Revision 1.4 date 22/10/2019