This document sets out the general terms and conditions (hereinafter, the "Terms") governing the commercial relationship between ByoZenix (hereinafter, "ByoZenix", "we" or "the Company") and its customers (hereinafter, "the Customer"), in relation to the marketing of bio-energizing products and other agrotechnological solutions offered by the Company. At ByoZenix we understand this relationship as a long-term partnership; these Terms aim to give clarity and certainty to both parties, defining both the commitments we make and the conditions that allow us to serve sustainably.
Before setting out the conditions that govern the commercial relationship, we want to make clear the commitments we make to every Customer:
ByoZenix is the trade name under which Mr. Tom Sebastian Ruigrok Merino, a natural person with Taxpayer Registration Number (RUC) No. 1003797402001 and domiciled in the Republic of Ecuador, conducts his commercial activity, being subject to the RIMPE tax regime. Any reference to "ByoZenix", "the Company" or "we" in these Terms shall be understood as referring to that holder. Any communication relating to these Terms may be directed to sales@byozenix.com or via byozenix.com.
Placing an order, purchasing any of our products, or using our services implies full and unreserved acceptance of these Terms. Where a specific contract or commercial agreement has been signed between the parties, that instrument shall prevail over these Terms to the extent applicable.
ByoZenix reserves the right to modify these Terms at any time. Modifications take effect upon their publication on byozenix.com and apply to orders placed after that date.
The products marketed by ByoZenix are agricultural inputs intended for floriculture and other agricultural crops. Their characteristics, composition, method of use and usage recommendations are detailed in the corresponding Technical Data Sheet and Safety Data Sheet, which are available to the Customer and form an integral part of these Terms.
The products hold the registrations and authorizations required by the competent authority (Agrocalidad), in accordance with applicable Ecuadorian regulations. The images, descriptions and specifications published are for reference only and do not constitute a guarantee of specific results under field conditions, which depend on multiple factors beyond the Company's control.
Orders may be placed through the sales channels enabled by ByoZenix. Every order constitutes an offer to purchase by the Customer and is subject to confirmation and inventory availability by the Company. ByoZenix reserves the right to accept, reject or cancel orders for justified reasons, including pricing errors, lack of stock, or prior breaches by the Customer.
Prices are expressed in United States dollars (USD) and, unless expressly stated otherwise, do not include Value Added Tax (VAT) or other applicable taxes, which will be added as appropriate in accordance with the tax legislation in force. ByoZenix may update its prices at any time; the applicable price shall be the one in effect at the time the order is confirmed. Every sale will be supported by the corresponding electronic invoice.
The Customer shall pay the value of its orders according to the method and terms agreed with ByoZenix. Where credit conditions are granted, these are extended at the Company's discretion and may be reviewed, suspended or revoked based on the Customer's payment behavior.
ByoZenix will always favor dialogue and good-faith solutions in the event of any payment delay. Accordingly, only in cases of significant breach of the credit conditions —understood as substantial non-payment of overdue balances that persists despite a prior request from ByoZenix and the granting of a reasonable period to remedy the situation— the Company reserves the right to charge default interest on the outstanding balance, calculated at the default interest rate in force published by the Central Bank of Ecuador (BCE). Such interest will be settled through the issuance of the corresponding debit note.
Should non-payment persist after such request, ByoZenix may also suspend pending deliveries, withhold new orders and, if necessary, initiate collection proceedings —judicial or extrajudicial— as appropriate. The costs arising from such proceedings shall be borne by the Customer to the extent permitted by law.
Delivery times are estimates and are counted from the confirmation of the order and, where applicable, from payment verification. ByoZenix shall not be liable for delays caused by circumstances beyond its control, including carrier delays, weather conditions or force majeure events. Risk in the products transfers to the Customer at the moment of delivery at the agreed location.
The Customer is responsible for verifying the condition and quantity of the products upon receipt and for recording any issue in the delivery document.
The Customer undertakes to use the products exclusively in accordance with the dosage, storage, handling and safety instructions contained in the Technical Data Sheet and the Safety Data Sheet. The technical recommendations, dosage calculators or guidance provided by ByoZenix are for informational purposes and must be adapted to the specific conditions of each crop.
ByoZenix assumes no liability for damages, losses or unsatisfactory results arising from incorrect use of the product, its application under inadequate conditions, its mixture with non-recommended substances, or failure to observe the technical instructions. The Customer is advised to carry out prior small-scale tests before any widespread application.
ByoZenix warrants that its products comply with the specifications declared in their Technical Data Sheet at the time of delivery. This warranty does not cover final agronomic results, which depend on factors beyond the Company's control, such as soil conditions, climate, crop management and application practices.
To the maximum extent permitted by Ecuadorian law, ByoZenix's total liability to the Customer, on any basis, shall be limited to the value of the product actually purchased that gave rise to the claim. ByoZenix shall not be liable for indirect damages, loss of profit or consequential damages.
Any claim relating to the quality, quantity or condition of the products must be submitted in writing to sales@byozenix.com within the reasonable timeframes established by the Company from receipt of the order. Returns are subject to prior authorization by ByoZenix and to verification that the product is in its original packaging and in adequate condition. Returns of opened, used or improperly stored products will not be accepted.
For its part, ByoZenix undertakes to acknowledge receipt of every claim within three (3) business days of its receipt and to propose a solution within ten (10) business days following verification of the case. Where a defect attributable to the product is confirmed, ByoZenix will proceed with its replacement or the appropriate solution.
All distinctive signs, trademarks, logos, trade names, website content, technical data sheets, marketing materials and other ByoZenix elements are the exclusive property of the Company and are protected by applicable law. Their reproduction, distribution or use without the prior written authorization of ByoZenix is prohibited.
ByoZenix will process the personal data that the Customer provides for the purpose of managing the commercial relationship, processing orders, issuing invoices and carrying out collections, in accordance with Ecuador's Organic Law on Personal Data Protection (LOPDP) and its implementing regulations. These processing activities are based on the performance of the commercial relationship and on compliance with the Company's legal obligations.
Commercial or promotional communications will be sent only with the Customer's prior consent, which may be withdrawn at any time —without affecting the commercial relationship— by request to sales@byozenix.com or through the unsubscribe mechanism indicated in each communication.
The Customer may exercise their rights of access, rectification, updating, deletion, objection, portability and others recognized by law, by request directed to sales@byozenix.com. ByoZenix will adopt reasonable technical and organizational measures to safeguard the confidentiality and security of the information processed, retaining it only for the time necessary for the stated purposes or the periods required by law. Likewise, ByoZenix will keep confidential the commercial information that the Customer shares and will not disclose it to third parties, except by legal obligation or request from a competent authority.
ByoZenix shall not be liable for any failure or delay in performing its obligations when this is due to force majeure or fortuitous events, understood as unforeseeable and unavoidable events beyond its control, including natural disasters, conflicts, governmental restrictions, logistical interruptions or any other analogous circumstance.
These Terms are governed by and construed in accordance with the laws of the Republic of Ecuador. For the resolution of any dispute arising from the commercial relationship, the parties submit to the jurisdiction of the competent courts and tribunals of Ecuador, waiving any other jurisdiction that might correspond to them.
If any provision of these Terms is declared null or unenforceable, the remaining provisions shall retain full validity. ByoZenix's tolerance or non-exercise of any of its rights shall not constitute a waiver thereof.
For any query relating to these Terms and Conditions: