PURCHASE CONDITIONS

PURCHASE CONDITIONS

 

  1. INTRODUCTION

 

The following Purchase Conditions are subscribed, on the one hand, by BIO JARDINSOSTENIBLE SLU, hereafter JARDÍN SOSTENIBLE, with registered office at Av. Del Colomer, 24 - 03730 Jávea (Alicante), with tax identification number: B54979570, registered in the Commercial register of Alicante, to volume 4006, Folio 171, Sheet A-153488, Registration 1, and on the other hand, by the Client. "Client" means any natural or legal person who purchases a product or service through this website. Likewise, the Client declares that he / she is of legal age and has full capacity to read and correctly understand all the clauses of these Conditions of Purchase.

 

  1. GENERAL

 

All offers, acceptances or orders, sales and deliveries made by JARDÍN SOSTENIBLE shall be understood to be made under the present Conditions of Purchase, which are the only applicable in this respect, and replace any other general or particular condition incorporated by the Client in any other negotiation or order. No modification, alteration or agreement contrary to what is stipulated herein shall have any effect, unless this is expressly stated in written form by an authorized representative of JARDÍN SOSTENIBLE. 

Each purchase in JARDÍN SOSTENIBLE is governed by the Purchase Conditions applicable on the date of order, which can only be formalized upon acceptance of them. Likewise, the characteristics of products, services, rates and special offers could change without previous notice, even by our suppliers, excluding any responsibility of JARDÍN SOSTENIBLE for errors or omissions in the content of the web. 

The Client guarantees that all the information provided by him is truthful and correct, and undertakes to communicate to JARDÍN SOSTENIBLE all changes related to his address, collection data and all kinds of information necessary for the management and maintenance of the contractual relationship between JARDÍN SOSTENIBLE and the Client. 

Through jardínsostenible.com, the Client can receive offers and price updates or specifications of products of determined duration. JARDÍN SOSTENIBLE reserves the right to modify the conditions and particularities of its offers regarding the information provided on its website, catalogs and advertising, although such modifications will not be retroactive. However, these modifications will be valid in case the possibility of supplying the products offered is affected for any reason. 

The Client must verify at all times through the Web page the availability of the Product or Service and the list of prices in force for both the products and the transportation thereof, as well as the information provided in the order confirmation before accepting the same. 

 

  1. ORDERING AND STOCK AVAILABILITY.

 

JARDÍN SOSTENIBLE will only treat those orders on the website whose destination can be selected in the purchase process. In any case, the sending of all orders will be subject to their confirmation and / or acceptance by JARDÍN SOSTENIBLE. 

JARDÍN SOSTENIBLE reserves the right to decide, at all times, the price, quantity and type of products offered to the Client through the online store, being able to add or delete those products that it deems appropriate. It also reserves the right to terminate, suspend, limit or expand the access and use of the online store at any time and without prior notice. 

All products offered in JARDÍN SOSTENIBLE are subject to availability. In the event that we can not supply a product, for example, due to lack of stock or a delay in the updating of a requested product, we will contact the Client to inform him of this event in the shortest period of time possible.

In such a case, the Client may purchase alternative products, or alternatively will be offered an alternative delivery period for the initially requested product. If this term is not to your liking, or if it is not possible to supply you with the requested product, the Client may cancel the order of the Product without any cost, and the immediate payment of the amount paid will be made, thus terminating any type of responsibility of JARDÍN SOSTENIBLE to the client.

 

  1. PRODUCT FEATURES

 

The characteristics of the products and their prices are detailed in the description that accompanies each product. The execution of the order implies the knowledge and acceptance by the Client of the characteristics and specifications of the product acquired. 

The JARDÍN SOSTENIBLE products will correspond in the most reliable way possible that the technology of visualization on the Web Page of the products offered allow. However, the photographs that appear in the online store are merely indicative, as the colors and tones presented may vary depending on the device in which they are displayed.

 

  1. CANCELLATION OF ORDERS

 

Exclusion of the right of withdrawal

Natural enemies have by their nature a limited shelf life and have thereby a limited durability. These products of JARDÍN SOSTENIBLE cannot be returned. Cancellation of ordered natural enemies is only possible when the natural enemies have not been sent out by JARDÍN SOSTENIBLE. 

The Client will have the possibility to cancel an order by calling 965 875 045 or by email to info@jardinsostenible.eu, provided that it has not been sent yet for delivery. However, in the event that the Product has already been shipped, the Client must wait for the delivery of the package to be returned.

Once the order has been canceled, the Client will be reimbursed the amount he would have made for the purchase of the Product, preferably in the medium through which he had made the payment, discounting in case the product had already been sent, expenses originated for sending, return and management of the order. If, on the other hand, the product has not yet been shipped, the amount paid will be reimbursed to the Client, excluding any expenses arising from the management of the order.

 

  1. DELIVERY CONDITIONS

 

The delivery time will vary depending on the product purchased and the destination area. Shipments will be made through the transport company that JARDÍN SOSTENIBLE considers appropriate at all times. 

Delivery times are approximate, and are calculated based on business days (from Monday to Friday, except holidays), starting from the next business day to the confirmation of payment. Shipments require the signature of the Client to be delivered.

If the client wants the orders to be delivered later than the expected date, he must indicate it in advance when ordering. The delivery times provided are orientative, so the delay in delivery is not an essential breach of JARDÍN SOSTENIBLE. 

In case of delayed delivery in more than 15 working days, the client may choose to cancel the order without cost by any means that records its receipt and content, in which case the amounts paid will be reinstated, preferably in the means through which he had made the payment. 

JARDÍN SOSTENIBLE shall not be liable in any case for any damage or loss, especially lost profits, arising from the delay or failure to deliver the requested Product. Similarly, for reasons of availability and logistics, it is possible that the same purchase is delivered through partial shipments with different delivery dates. In this case the Client would be advised conveniently, and the cost of transportation would not suffer any increase. 

The shipping costs do not include the increase of the products to the client's home, its assembly or installation, nor the removal of the packaging, unless specifically indicated otherwise.

It will be the responsibility of the client to verify prior to the purchase of the Product, that the dimensions do not cause a problem of accessibility to their home, paying special attention to doors, corridors, elevators, stairs, landings, etc. It is also the responsibility of the client to verify that the identification and address data for the delivery of the Product are complete and correct.

The Client agrees to be in the place of delivery on the day established to receive the products, as well as to verify the conformity of the order and the perfect state of delivery of the same at the moment of its receipt. 

In the event of a claim for possible faults, damages or deterioration of the products or the packaging, the Client shall record this incident on the delivery note of the carrier and notify them within a maximum of two days from the date of delivery by email to the address info@jardinsostenible.eu, by contacting our client service on 965 875 045 or by any other means that records his communication. JARDÍN SOSTENIBLE will then give the client the appropriate instructions for the replacement or repair of the product under warranty.

In any case, the client must keep the copy of the delivery note showing the damage, defects or lack of product, for its due claim, as well as keep the packaging of the products in perfect condition. 

Except in the case of defects or hidden defects, no claim will be accepted after receipt of the Product by the Client if he did not inform of the damages or faults of the product in the term and manner indicated. In this way, it will be presumed that external and easily visible defects that have not been stated by the Client in the delivery note are attributable exclusively to the same. In such cases, JARDÍN SOSTENIBLE may refuse to accept its return. 

Similarly, if the Client does not receive the order, he must contact our client service by email to info@jardinsostenible.eu by telephone 965 875 045 or by any other means that records his communication. 

The transport company will deliver from Monday to Friday in working hours and in the morning or afternoon. If possible, the carrier will inform the Client in advance of the approximate date and time of delivery. If the Client is not at the time of delivery, a notice will be left and the product will be stored at his disposal for delivery or withdrawal at the carrier's premises during the period of 10 calendar days. After this period of time, the transport company will return the Product to the stores of JARDÍN SOSTENIBLE, running the Client with the cost of return and the new shipping costs resulting therefrom. 

In the event of a delay in the removal of the merchandise from the carrier by the Client, exceeding the period indicated above, JARDÍN SOSTENIBLE may store the merchandise in its facilities or those of a third party, at the expense and expense of the Client. After two months without the Client having claimed the product, JARDÍN SOSTENIBLE will be entitled to dispose of the Product as it deems appropriate, losing the Client the amount paid by the same.

 

  1. PRICES AND METHOD OF PAYMENT

 

The prices indicated on the website are in Euros and include VAT, except for certain geographical areas such as the Canary Islands, Ceuta and Melilla. Prices do not include transportation or delivery costs. The cost of transportation (unless specifically indicated otherwise) will be borne by the Client, which will be reflected separately in the order confirmation and the resulting invoice, and will be included in the total amount payable, according to the list Current shipping prices that can be viewed on the website. 

The cost of transport is calculated on the total amount of the order, including taxes. JARDÍN SOSTENIBLE reserves the right to modify the prices and tariffs of its products or services at any time, but the products will be invoiced based on the prices in force at the moment in which the order is confirmed, subject to availability in that date. In the case of offers or promotions, the prices indicated are only applicable during the period of validity or until the stocks of the product or service offered are exhausted.

To carry out the payment of the orders, the Client can choose for one of the next options: 

  • Payment by bank card: The Client can choose the payment by credit or debit card, the operation being performed at the time of ordering. Online payment by credit or debit card is made through the security system of the secure platform of BBVA, managed by REDSYS, which allows the encryption of the bank data of the Client during its transmission over the network. The order will not be processed until the payment has been authorized by the client’s bank. The payment online with credit card debit is done through the security system offered by the bank. JARDÍN SOSTENIBLE may request the Client to prove the ownership of the card, to send a copy of its documentation of identity and proof of domicile, or any other document that proves the ownership and identity of the Client. JARDÍN SOSTENIBLE reserves the right not to accept a payment by credit or debit card, being able to cancel the purchase, if it has doubts that the Client is not the holder of the credit card provided, and if after being advised of it, the Client would not want to use another payment method. In order to avoid delays with the shipment, the Client must indicate when ordering a contact email address and a telephone number where he can be contacted at any time.
  • Payment by bank transfer: The Client can also make a bank transfer for the total amount of the order in the account number JARDÍN SOSTENIBLE indicates at the end of the purchase process. The transfer must be made within a maximum period of 5 working days from the completion of the order. If in this period there is no record of the payment in account, the order will be automatically canceled.
  • Payment through the PayPal platform: In this case, payment is made through PayPal's online platform. Once the payment has been made, the Client can return to the online store to view the confirmation of his order. 

JARDÍN SOSTENIBLE will provide the Client with proof of purchase of the products purchased and the price paid at the time of purchase via e-mail. In case of issuing an invoice, the Client may obtain it in PDF format, after communication of the necessary data for the issue of the invoice and the order number through the email address info@jardinsostenible.eu.

JARDÍN SOSTENIBLE warns that, in compliance with current regulations (RD 1496/2003 on Billing standards, modified by RD 87/2005), it will not be able to subsequently modify the sales invoices. The invoice will be issued in the name of the individual or company making the order, so the Client must ensure that the order is placed to the correct name, as no further changes will be possible. 

Also, for reasons of protection of personal data, only duplicate invoices will be issued to the person who holds the contract. Duplicates will not be issued to third parties. JARDÍN SOSTENIBLE will not send duplicate invoices by fax or by email other than the one indicated at the time of ordering unless it is a clearly contrasted error. Once the warranty period expires, no more duplicates of invoices can be issued.

 

  1. WARRANTY

 

Warranty Contents 

In accordance with what is established in Royal Legislative Decree 1/2007, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, all products offered through our online store are, in general, guaranteed by the manufacturer in the event of any manufacturing defect or lack of conformity with the qualities and characteristics detailed therein, except with those exceptions expressly provided in these Conditions of Purchase. 

Furthermore, under this warranty, which will have a term of two years from the date of delivery of the Product, the Client will have the right to repair it or to replace it, at no cost to the same. In case it is not possible to repair or replace the Product, or if the option chosen is disproportionate, JARDÍN SOSTENIBLE will proceed to reduce the price or to terminate the contract. 

Deficiencies caused by the use or improper handling of the Product, as well as by blows, negligence, manipulation or incorrect installation not carried out by the JARDÍN SOSTENIBLE technical service, or by the wear and tear of materials due to normal use are excluded from the guarantee. The guarantee will also be excluded if any data of the same or proof of purchase is modified, altered or replaced. 

The total responsibility of JARDÍN SOSTENIBLE for any concept, can not exceed in any case the total value of defective or non-conforming product supplied. JARDÍN SOSTENIBLE will not be outside of the provisions in the present Conditions of Purchase, responsible for any damage or loss for expected results, delay or loss of production. 

JARDÍN SOSTENIBLE does not guarantee any benefit or suitability of the product for any use or purpose provided by the Client. Before purchasing the products, the Client will carry out the necessary checks to confirm the suitability of the product to its needs and expectations. JARDÍN SOSTENIBLE is expressly exempt from any liability, for damages, direct or indirect, including loss of profit, caused to the Client or to third parties, that could derive from the use or the impossibility of professional or particular use of the product.

 

Procedure to require warranty 

The Client is obliged to inform JARDÍN SOSTENIBLE of manufacturing defects or lack of conformity within two months of having known about them. 

For any incident, claim or exercise of your warranty rights, the Client must contact the JARDÍN SOSTENIBLE Client Service at info@jardinsostenible.eu or at 965 875 045, where he will be informed of the Procedure to follow. In the same way, the Client undertakes to take the steps indicated to make the guarantee effective. 

In the event that, after initiating the warranty procedure for a defect or lack of conformity communicated by the Client, JARDÍN SOSTENIBLE verifies that the products do comply with the contract, all expenses generated as a result of the start up of the process Warranty will be satisfied by the Client.

 

  1. RIGHT OF WITHDRAWAL 

 

Exercise the right of withdrawal

Exclusion of the right of withdrawal. Natural enemies have by their nature a limited shelf life and have thereby a limited durability. These products of JARDÍN SOSTENIBLE cannot be returned. Cancellation of ordered natural enemies is only possible when the natural enemies have not been sent out by JARDÍN SOSTENIBLE

According to the provisions of consumer and user protection regulations, the Client has a period of 14 working days from the delivery of the product to communicate its decision to withdraw from the contract signed with JARDÍN SOSTENIBLE.

For the correct management of the returns of products that occur as a result of the exercise of the right of withdrawal, the Client must contact the Client Service of JARDÍN SOSTENIBLE, where he will request the Revocation or Return Document to present with the List of products to be returned. The Client Service Department will send you an email or electronic confirmation with the receipt of the return request, an RMA (Return Merchandise Authorization) number and the corresponding instructions on the process to be followed and the deadlines for carrying out the return. The Client must keep the receipt as proof of his return request.

The returns will be made exclusively through the carrier indicated by JARDÍN SOSTENIBLE who will transport it to the address that is indicated for it. Shipments without prior written authorization of products or deliveries sent directly to JARDÍN SOSTENIBLE stores will be rejected. The collection of returns of products, as well as their delivery, will take place at street level. Products will not be lowered or collected from the dwellings, so that the Client must take care of the proper disposal of the product to the carrier.

The product must be perfectly packed in order to avoid incidents or damage to the transport. For this, it is necessary that the smaller products are protected by an additional external packaging, as it was received at the address. For larger products an external packaging will not be necessary to protect the original, but it is important that the product is sent properly protected inside the original box with the protections included for this purpose (corks, poliespan, bubble wrap, etc.). ), and avoiding any manipulation in the same.

The Client declares that the direct costs of return (including delivery and transportation of the products to the place indicated by the Client Service Department) will be borne by the Client.

The Client also declares that the damages presented by the products returned as a result of the exercise of the right of withdrawal that have not been stated at the time of delivery shall be presumed to have been caused by fault or negligence, thereof. In addition, to accept the return, the product must be in perfect condition. The Client will be responsible for any damages suffered during the transport.

The product must be returned with all its accessories, documentation, instruction manuals (if any) and in its original packaging. In case of missing one of them, the product will be returned to the client's address, at his expense, with a note indicating the missing items.

In addition, the original return form must be accompanied by a copy of the delivery note or the invoice, if the client's request has been issued. 

Refund of the price paid by the Client:

It is necessary to distinguish 2 assumptions:

  • In case the client has paid for the delivery of the product / s to be returned, the amount of the return will be the same as the one passed on for the delivery of the products purchased. In case of partial return of the order, the client will be charged the transport costs corresponding to the price (including taxes) of the products returned according to the tariff in force at any time.
  • In the event that the product / s is subject to a promotion that includes free shipping, the client must assume 20% of the amount of the product / s to be returned for management and transportation.

The refund of the price paid by the Client will be made within a maximum period of 30 business days. In any case, the amount reimbursed will be the result of subtracting the price paid for the Product, the costs originated by the transportation of the same, both outward and return, as well as the management of the order and any other expenses incurred (bank fees, Commission against reimbursement, etc.). The Client will receive the amount that corresponds preferentially by the same medium in which it was paid. Notwithstanding this, JARDÍN SOSTENIBLE reserves the right to choose the means of repayment of the money that it deems appropriate. 

Assumptions excluded from the exercise of the right of withdrawal. 

The return by withdrawal will not be possible in the following cases:

  1. Natural enemies have by their nature a limited shelf life and have thereby a limited durability. These products of JARDÍN SOSTENIBLE cannot be returned. Cancellation of ordered natural enemies is only possible when the natural enemies have not been sent out by JARDÍN SOSTENIBLE 
  2. Customized products specifically at the client's request. 
  3. Products for personal and intimate use such as underwear, mattresses, pillows, etc. It will not be possible to return the product by withdrawal, for reasons of hygiene, in case the products have been unsealed by simply breaking their original packaging or when the slightest signs of use are detected.

 

  1. PRIVACY POLICY AND DATA PROTECTION

 

Personal information 

In compliance with Organic Law 15/1999, of December 13, on Personal Data Protection, hereafter LOPD, JARDÍN SOSTENIBLE informs the Client that the personal data voluntarily provided when completing the order form, as well as well as other third party data that the Client provides within the execution and development of this contract to JARDÍN SOSTENIBLE, will be incorporated into an automated file owned by JARDÍN SOSTENIBLE, for its treatment, in order to facilitate the rendering of its services, development and execution of the sale, transport and delivery of the products, personalized attention and any other service that is necessary. 

With his registration, the Client consents to the use of his personal data in order to be informed about services or products that may be of his interest, respecting, in any case, the Spanish legislation on data protection, as well as the sending of commercial communications, offers and advertising of JARDÍN SOSTENIBLEor companies authorized by JARDÍN SOSTENIBLE, by any means, including electronic commercial communications or equivalent.

The Client may exercise the rights of access, rectification, cancellation and opposition by means of a written request addressed to JARDÍN SOSTENIBLE, at the address Avda. Del Colomer, 24 - 03730 Jávea (Alicante), or by sending an e-mail to info@ jardinesostenible.eu, enclosing in any case, a copy of your NIF or a substitute identification document. 

 

  1. APPLICABLE LAW AND JURISDICION 

 

The total or partial invalidity of any of these Purchase Conditions shall not affect the validity of the contract itself, and the parties' will must be integrated with respect to the null clause, and the remaining Conditions being fully applicable. 

These Conditions of Purchase shall be governed in accordance with the legislation in force in Spain, which shall be applied subsidiarily in all that is not provided for therein. 

The parties are submitted for the resolution of the conflicts and with resignation to any other jurisdiction, to the courts and tribunals of Denia (Alicante).