Terms of service

GENERAL PROVISIONS

Welcome to Flexibleschnecken! The terms “we,” “us,” and “our” refer to Lucernica S.R.L. Lucernica S.R.L operates this online store and this website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (“Services”). GrainConveyingSolutions.com is powered by Shopify, which enables us to provide these Services to you.

The following Terms and Conditions, along with all policies referenced herein (collectively, the “Terms of Use” or “Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Use carefully, as they contain important information regarding your legal rights and address matters such as disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Use, you represent that you are at least the legal age of majority in the state or province where you reside and that you have given us your consent to allow minors living in your household or under your supervision to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores and purchasing products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You are not authorized to transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every reasonable effort to present our products and services in our online stores as accurately as possible. Please note, however, that the colors and appearance of the products may differ from how they appear on your screen, depending on the device you are using and its settings and configuration.

We do not guarantee that the design, nature, or quality of the products or services you purchase will meet your individual expectations or, in any case, fully correspond to the images displayed or reproduced in our online stores.

All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue the availability of any product at any time and to limit the quantity of products made available to any person, geographic region, or jurisdiction on a case-by-case basis.

Parts may vary in color and manufacturer. We use various suppliers for the parts. The parts and the final product may differ from the images in color, manufacturer, and shape. This does not affect functionality and the quality advertised.

Processing time may vary depending on weather conditions, personal issues, suppliers, and other factors beyond our control.

The product was inspected BEFORE shipping. The carrier is liable for any defects arising during transport.

During very busy periods, processing times may be longer. All orders are handled on a first‑come, first‑served basis

Cleaning and maintenance of the equipment is the customer’s responsibility. If a defect occurs due to lack of maintenance, the costs may be covered by the customer. We offer support and repairs, but additional costs may apply.

Repairs are performed on-site at the customer’s location. If the customer wishes to have the repair carried out at our facility, the customer is responsible for the shipping costs.

Long flexible hoses (over 10 meters) must NOT be started empty. Ensure that the hose end is covered with grain when starting.

If the selected shipping method is unavailable, we reserve the right to ship your order via another carrier without any notifications. No additional costs will ever be incurred. In exceptional cases when a return is accepted, shipping costs will not be refunded as they are in the shipping companies control.

SECTION 3 – ORDERS

By placing an order, you are making a binding offer to purchase. Lucernica S.R.L. reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not considered accepted until payment has reached our bank account. We must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it, as Lucernica S.R.L. may not be able to process cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of ordering.

Your purchases may only be returned or exchanged in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change at any time without prior notice. The price charged for a product or service is the price valid at the time of the order and is stated in the order confirmation email. Unless expressly stated otherwise, the prices listed are exclusive of taxes, shipping and handling fees, customs duties, or import charges.

The prices displayed in our online stores may differ from prices in brick-and-mortar stores or in other online stores operated by third parties. From time to time, we may offer special promotions in connection with the Services that affect prices and are subject to separate terms and conditions that may differ from these Terms of Use. In the event of a conflict between the terms of a promotion and these Terms of Use, the promotion terms shall prevail.

You agree to provide current, complete, and accurate information regarding purchases, payments, and account details for all purchases made in our stores. You further agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can process transactions

SECTION 5 – DELIVERY AND SHIPPING

We are not liable for any delays in delivery or shipping. All delivery times provided are non-binding estimates and do not constitute guaranteed delivery dates. We assume no responsibility for delays caused by shipping carriers, customs clearance, or other events beyond our control.

Upon transfer of the goods to the carrier/transport service provider, ownership and the risk of accidental loss or accidental deterioration of the goods shall pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our services—including, but not limited to, all trademarks, logos, names, text, illustrations, images, graphics, product reviews, videos, and audio materials, as well as their design, selection, and arrangement—are the property of GrainConveyingSolutions, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms of Use permit you to use the Services solely for personal, non-commercial purposes. You may not, without our prior written consent, reproduce, distribute, modify, create adaptations or derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services. Unless expressly provided otherwise herein, these Terms of Use do not grant you any license or other right to any patents, trademarks, copyrights, or other intellectual property of Lucernica S.R.L., Shopify, or third parties, nor are such rights implied. Unauthorized use of the Services may constitute a violation of national and international intellectual property laws.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may be granted access to certain customer tools provided by third parties, which we neither monitor, control, nor influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranty, representation, or condition of any kind, and without any endorsement. We assume no liability arising from or in connection with your use of optional third-party tools.

Any use of such optional tools via the Website is solely at your own risk and discretion. You are responsible for reviewing and agreeing to the terms of use under which the respective tools are provided by the relevant third-party providers.

In the future, we may offer new features as part of the Services (including the introduction of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Use.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain content and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access such third-party content or websites, you do so at your own risk.

We are not liable for any damages or losses arising from your access to third-party websites or from the purchase or use of products, services, resources, or content from third-party websites. Please review the policies and practices of the relevant third-party providers carefully and ensure that you understand them before conducting any transaction. Complaints, claims, questions, or other concerns regarding third-party products or services should be directed to the relevant third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANTS: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]

GrainConveyingSolutions.com is provided by Shopify and enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly between you and Flexibleschnecken.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Lucernica S.R.L., including, but not limited to, personal injury, property damage, or other losses resulting from the products or services you purchase.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or in connection with your purchases and transactions with Lucernica S.R.L.

SECTION 10 – PRIVACY POLICY

All personal data we collect in connection with the Services is subject to our Privacy Policy, which you can view here [LINK]; certain personal data may also be subject to the Shopify Privacy Policy, which you can access here [LINK]. By using the Services, you confirm that you have read these privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. The information you submit through the Services is transmitted to and shared with Shopify and third parties, who may be located in countries other than your country of residence, in order to provide the Services to you.

Please review our Privacy Policy [LINK] for further details on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit to us, you hereby grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, edit, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes. We may use these rights, in particular, to operate, provide, evaluate, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Use.

You further represent and warrant that (i) you own all rights to the Feedback or have all necessary rights to do so, (ii) you have disclosed any compensation or incentives you received in connection with the submission of the Feedback, and (iii) your Feedback complies with these Terms of Use. We have no obligation to (1) treat your Feedback as confidential, (2) pay compensation for your Feedback, or (3)

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information contained in or related to the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is found to be incorrect—at any time and without prior notice (including after you have placed an order).

SECTION 13 – PROHIBITED USE

You may access and use the Services solely for lawful purposes. You are prohibited from using the Services—directly or indirectly—as follows:

(a) for unlawful or malicious purposes;

(b) to violate applicable international, federal, state, provincial, or local laws, ordinances, rules, or regulations;

(c) to infringe upon our intellectual property rights or the intellectual property rights of third parties;

(d) to harass, abuse, insult, harm, slander, defame, disparage, intimidate, or otherwise cause harm to any of our employees or other persons;

(e) to transmit false or misleading information;

(f) to knowingly send, receive, upload, download, use, or reuse materials in a manner that is not in accordance with these Terms; (g) to transmit or cause the transmission of advertising or promotional materials of any kind, including “junk mail,” “chain letters,” “spam,” or other similar unsolicited solicitations; (h) to impersonate or attempt to impersonate another person or organization; or (i) to engage in any other conduct that restricts or interferes with the use or enjoyment of the Services by others, or that, in our judgment, is likely to harm Lucernica S.R.L., Shopify, or users of the Services, or expose them to liability.

 

You also agree (a) not to upload or transmit any viruses or other malicious code that may or is intended to impair the functionality or operation of the Services in any way; (b) not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Services; (c) not to collect or track the personal data of other users; (d) not to use methods such as spam, phishing, pharming, pretexting, spiders, crawlers, or scraping; or (e) not to interfere with or circumvent the security features of the Services or any affiliated website, other websites, or the Internet.

We reserve the right to suspend, deactivate, or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this Agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, and without prior notice. You remain fully responsible for all amounts accrued up to the time of termination, including any fees.

The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to survive termination.

SECTION 15 – DISCLAIMER (WARRANTY)

The information provided in connection with the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information.

UNLESS OTHERWISE EXPRESSLY STATED BY Lucernica S.R.L., THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES; THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN FULL.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Lucernica S.R.L. NOR OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, FOR ANY INJURIES, LOSSES, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, REGARDLESS OF WHETHER WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL BASIS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR PRODUCTS ACQUIRED THROUGH THE SERVICES, OR ANY CLAIMS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT—INCLUDING, BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICES – EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lucernica S.R.L., Shopify, and our or their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, costs, and claims (including reasonable attorneys’ fees) asserted by third parties, to the extent that such losses, damages, liabilities, costs, and claims arise from or are related to (1) your breach of these Terms of Service or the documents incorporated herein by reference,

(2) your violation of applicable laws or the rights of third parties, or (3) your access to or use of the Services. We will notify you of any claim for indemnification; however, failure to provide prompt notice does not relieve you of your obligations unless such failure would cause you material prejudice. We may assume the defense and settlement of such a claim at your expense, including the selection of legal counsel, but will not enter into any settlement that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You will assist us in asserting indemnification claims, in particular by providing the relevant documentation.

SECTION 18 – SEVERABILITY CLAUSE (PARTIAL INVALIDITY)

If any provision of these Terms of Use is unlawful, void, or unenforceable under applicable law, such provision shall nonetheless remain in effect to the extent permitted by law; the unenforceable portion shall be deemed severed from these Terms of Use. The validity and enforceability of the remaining provisions shall remain unaffected.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, along with any policies or operating rules posted by us on this website or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals—whether oral or written—between you and us (including prior versions of these Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the party that drafted the text.

SECTION 21 – GOVERNING LAW AND JURISDICTION

These Terms of Use, as well as any separate agreements pursuant to which we provide the Services to you, are governed by and construed in accordance with the laws of the state in which ;Lucernic S.R.L. is headquartered.

You and Lucernica S.R.L. submit to the jurisdiction of the courts having local and subject-matter jurisdiction there.

SECTION 23 – CHANGES TO THE TERMS OF USE

You can view the current version of these Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Use at any time by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes to these Terms in accordance with applicable law; such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Please direct any questions regarding these Terms of Use to: info@grainconveyingsolutions.com.

Company: LUCERNICA S.R.L.

Address: 666, 557110 Jina, Sibiu County, Romania

Phone: +40726421393

E-mail: info@grainconveyingsolutions.com

Tax ID (VAT ID): RO49985281

Commercial Registry Number: J32/534/2016