1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS BETWEEN VEGETAL BIOPLANT S.L. (MADAME GROW - COMMERCIAL NAME).
On the one hand, the supplier of the products, VEGETAL BIOPLANT S.L. (hereinafter also the provider), domiciled for the purpose of notifications in Av. de Andalucía, 104, under 1, CP 41657 Los Corrales, (Sevilla), SPAIN., C.I.F. B-90345331, customer service telephone (+34) 648 689 807, and e-mail: firstname.lastname@example.org, being the owner of the website www.madamegrow.es, exposes the contractual document that will govern the contracting of products to through the website reviewed.
And on the other, the User - Client (hereinafter the User), registered on the website by means of a username and password, over which he has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the user. lender.
BOTH ACCEPT this document, and implies that the user:
to. You've read, you understand and you're agree with this text.
b. That he is a person of legal age and with sufficient capacity to contract.
c. That assumes all the obligations set forth herein.
d. You have read and accept these general conditions of purchase from the moment you purchase any product offered.
This document can be printed and stored by the Users.
The provider makes available to them the e-mail address email@example.com to raise any questions about these conditions.
These conditions will have an indefinite period of validity and will be applicable to all hirings made through the lender's website.
The provider reserves the right to unilaterally modify these General Conditions, without this affecting the goods or promotions that were acquired prior to the modification, in order to improve the products offered. In any case, before buying the products, these general conditions must be consulted.
It is advisable that you keep a copy of the data contained in the purchased products.
VEGETAL BIOPLANT S.L. is not responsible for any loss of data, files or any damage that results from a failure of the User to backup the data contained in the purchased products such as memory cards.
VEGETAL BIOPLANT S.L. is not responsible for the consequences that may result from improper use of the products for sale on the web.
The civil liability of VEGETAL BIOPLANT S.L. for the products supplied is limited to the amount of the same, the user waives to claim any liability to the provider for any reason in any case of dissatisfaction of the products purchased on the website www.madamegrow.es, as well as possible failures, slow access or errors in accessing the web, including loss of data or other information that may exist in the user's computer or network accessing the web.
VEGETAL BIOPLANT S.L. is a company whose corporate purpose is the research, design, manufacture, bottling, distribution / redistribution and commercialization of fertilizers, fertilizers and any type of products related to the cultivation of plants in general.
2. OBJECT OF THE CONTRACT:
2.1 Scope of application: The purpose of this contract is to regulate the contractual relationship of purchase-sale born between the provider and the user at the moment in which he accepts these conditions of purchase during the online contracting process by checking the corresponding box. These CGC will apply from the day the order is placed.
The contractual relationship of purchase involves the delivery, in exchange for a specific price and publicly exposed through the website, of a specific product.
2.2 Territory of application: The virtual store of www.madamegrow.es is active throughout Europe.
2.3 Ability to contract: To be able to place an order, you must be of legal age and have the capacity to contract.
2.4 Acceptance of the client: The validation of an order through the web www.madamegrow.es is done by email and also implies the automatic acceptance of the CGC. These conditions are available on the web www.madamegrow.es or, if you wish and request, we can make it available to you by email.
2.5. Modification of the General Contracting Conditions: VEGETAL BIOPLANT S.L. reserves the right to make changes and / or modifications to these GCC. We advise our clients to check them regularly. In the event that these changes or modifications are introduced once an order has been placed, the conditions in effect on the date on which the order was placed will apply.
3. INFORMATION PROVIDED ON THE WEB www.madamegrow.es:
3.1 Publication of prices: Exceptionally the prices of the products shown on our website can be specified in the wrong way and show a lower price than the corresponding one. When this happens, and if we have confirmed your order, we will immediately contact you in order to issue a new order confirmation with the correct price. In the event that the corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.
3.2 Product information: The information contained in our advertising, brochures, other written material, on our website or provided by our agents or employees is an invitation to make a deal. This information does not constitute an offer to supply any product on our part.
The contents of www.madamegrow.es are constantly updated and updated to offer our clients the most complete and detailed information possible. Due to this, it is possible that the contents may show, on exceptional occasions, provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to rescind his purchase without any cost on his part.
All contractual information on the website is displayed in Spanish (Spanish) and communication with customers and users, as well as the formalization of the contract, will be made in this language, although, if desired, the client can do so. another language always indicating it before starting the contracting procedure.
3.3 Availability of the product (s): There may be times when it is impossible to supply all products because they are not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:
a) choice of an alternative product, with characteristics similar to the product to be replaced;
b) the communication of your availability, in case you prefer to wait for the product to be available again in the store.
If you decline our suggestions, the order related to these products will be canceled and any amount paid for them will be refunded.
3.4 Right of Cancellation: VEGETAL BIOPLANT S.L reserves this action (right of cancellation) of the shipment of a specific product that does not comply with the quality requirements imposed on all the products of www.madamegrow.es. In the event that this lack of quality is detected, VEGETAL BIOPLANT S.L Customer Service will suggest a replacement product and, if the replacement is not to the client's liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year: The hours of reception of orders is twenty-four (24) hours three hundred and sixty-five (365) days of the year, although orders placed after 14.00 hours will not be processed, leaving for the next business day processing. In case of having time there may be exceptions and we could process an order received after 2:00 pm. Orders received during the weekend will be processed early the following Monday, or the first business day.
3.6 Fraud: If The Company suspects or detects any anomaly or fraud, reserves the right to cancel the transaction for security reasons.
4. PURCHASE PROCEDURE:
The user will select a username and password, committing to make diligent use of them, and not make them available to third parties, as well as to notify the provider of the same or possible access by an unauthorized third party. , so that it proceeds to the immediate blockade.
The user can not choose the user of the provider, as well as the expressions that are abusive, insulting and, in general, contrary to the law or the demands of morality and good manners.
Once the user account has been created, it is informed that in accordance with the requirements of art. 27 of Law 34/2002 on Services of the Information Society and Electronic Commerce, the contracting procedure will follow the following steps:
1. Choose the product by clicking on it and then add it to the cart
2. If you want to add more products, you must select the option "Continue shopping". If you have mistakenly added that you did not want, you must click on the option to remove it from the shopping cart. In the shopping cart you will see the items, the quantity, the price and the total amount. Once all the products have been chosen, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
3. Once the product (s) has been chosen, you must click on the confirm button of the cart, or click on the button to place the order. By clicking on this option, several steps where information is requested such as the payment method or the shipping method and at the end will appear the purchase confirmation (summary of the order placed, your data and chosen payment method).
Please check the spam and spam controls in your email inbox and always verify that the information is provided correct.
6. To finish the process, you must click on the Finish button
BUY IN A SINGLE CLICK, USE THE ONE CLICK BUTTONS TO BUY A SINGLE ITEM, YOU CAN DO IT THROUGH PAYPAL AND WITH BANK CARD, WITH ANY OF THE TWO BUTTONS OF CHECK OUT EXPRESS.
In any case, the hiring platform of the provider will inform the user, once the hiring procedure is finished, via e-mail regarding all the characteristics, price, transport forms, dates of contracting and estimated delivery of the purchased product.
If there is any type of error in the indicated address or in any other point of the order, you must notify it immediately to the e-mail address that will appear on the web to proceed to correct this error.
If you have any questions, you can contact our customer service through any of the methods provided on the website www.madamegrow.es.
VEGETAL BIOPLANT S.L will provide Customer Service for FREE through our email contact firstname.lastname@example.org, if you choose another means of alternative communication, the user is the one who will be responsible for the particular cost of it.
VEGETAL BIOPLANT S.L puts at your disposal phones in Spain subject to the cost of your telephone operator.
BUY AS GUEST
VEGETAL BIOPLANT S.L through its website www.madamegrow.es has not established the purchase method as a guest. You should always register.
6. PRICES AND TERMS OF THE VALIDITY OF THE OFFERS:
All the prices displayed in the www.madamegrow.es store include the VAT in force at the time of purchase. All the prices that appear on the website are valid except for typographical errors or end of stock and in any case they will be expressed in the Euro currency (€). Said expenses, unless expressly indicated otherwise, do not include the costs of shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased. (TAX ON THE ADDED VALUE: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products or services shall be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla.The applicable VAT rate will be the legally valid at all times depending on the specific article in question.In the orders destined to the Canary Islands, Ceuta and Melilla, the deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories.)
The payment made to the provider will entail the issuance of an invoice in the name of the registered user. This invoice will be automatically sent to the email address provided by the user, as well as sent together with the product purchased.
The prices applicable to each product will be those published on the website and applied automatically by the contracting process in the last phase of the same. The client assumes that, in any case, the economic valuation of some of the products may vary in real time. In any case, this will always be previously communicated to the users.
In the case of promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered during the promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were made and will serve to determine if said order is or is not subject to promotion.
For any information about the order, the User may contact through the customer service telephone of the PROVIDER or via email to the address provided. Method as a guest. You should always register.
7. FORMS OF PAYMENT:
In the following link we explain all our payment methods and how to use them:
8. DELIVERY OF ORDERS:
8.1 Delivery Address: The delivery of orders will be made at the delivery address freely designated by the user. In this way, the provider assumes no responsibility for when the delivery of the product does not occur as a result of the data provided by the user are false, inaccurate or incomplete or when the delivery can not be made for reasons beyond the company's control. shipments, assigned for that purpose, as is the absence of the recipient. The delivery time of the order will be during normal business hours.
Notwithstanding the foregoing, the lender has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time, so no liability can be imputed against the provider.
VEGETAL BIOLANT S.L., sends products to all countries of the world, under the conditions set out in the Policy tab of Shipments outside the EU.
VEGETAL BIOPLANT S.L will put all the means at your disposal so that your order is delivered within the term that appears on our website at the date of issuance of the order confirmation.
8.2 Delivery terms: We have different delivery times depending on destination and availability of materials. These deadlines can be consulted in the following link: Deadlines In the event that a product can not be available within the established deadlines, our Customer Service Department can provide you with availability information and a delivery deadline.
If you have requested several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Please note that in the absence of availability of any of the references at the time of shipment, you have the right to cancel the order at any time before sending it by contacting our Customer Service through the following address: email: email@example.com indicating the order number.
8.3 Confirmation of the shipment: At the time of delivery of the order to our carrier we will send you confirmation of the shipment to the email address that you have provided when placing the order. If you need the tracking number you can request it by mail or phone.
8.4 Damage to delivery: The products are delivered in secure packaging. If at the time of delivery it was visible and clearly visible, without the need to handle the shipping packs or the product's own, that a product has defects caused by damage caused by transport or it is seen, in the same way, a error in the merchandise received, the customer must detail this fact in the voucher that signs the carrier and immediately contact our Customer Service line (+34) 648 689 807 or email firstname.lastname@example.org within the following 24h upon receipt, in order to urge the return of the affected product or products and proceed to their replacement by another in optimal conditions or, to reimburse the price paid for it, as you indicate in that email.
A proof of delivery without any damage report is equivalent to a product with the packaging in perfect condition. Likewise, if damage is detected in the product once the package is opened with the packaging in perfect condition, the customer has 24 hours from receipt to contact our Customer Service line (+34) 648 689 807 or email info @ madamegrow.es. After 24 hours of delivery, no claims for damage to the product will be accepted.
9. RIGHT OF WITHDRAWAL:
9.1 Right of withdrawal: The User has 14 calendar days, counted from the date of the product, for the return of the same (article 71 Law 3/2014, of March 27). If you are not satisfied with the product or any of the products of your order, you can exercise your right of withdrawal by filling in the form attached to these conditions, with your order number (to obtain a refund of the amount of the product / s within of the maximum period of fourteen (14) calendar days following receipt of the order) together with your contact information. Unless the return is made for defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
We will provide you with a return number and instructions for the return procedure. You must send it to us through the mail email@example.com or by postal mail, always within 14 calendar days of receipt of the order. After this period, you can only request the return or exchange of the products for technical reasons subject to the guarantee of said product (s).
You must return the product with all the elements with which it was delivered, without damage or wear marks of any kind, and that does not denote an improper use of the good or different from the proper nature of the same to the address that we have provided.
It is advisable to return it in its original packaging, in case it is not possible, the product will suffer a depreciation in value. The client will be responsible for the packaging and protection of the products he / she sends as well as the expenses derived from the shipment.
As long as the products are returned within a period of 14 calendar days, without any damage or wear marks and complying with the requirements established in this section, with the return number that we have provided, we will refund the total amount of the purchase.
Remember that in any case the product should include:
Return number provided
Date of purchase and exercise of withdrawal
Information of interest (optional):
Reasons for the return
Information that you believe is necessary or of interest to process the return
9.2 Return of defective product: the user must inform VEGETAL BIOPLANT S.L. of the lack of conformity with the product within two months of being aware of it. In the event that the product is defective of origin, you must send an email to firstname.lastname@example.org with the order number and explaining the reason for the return.
Our Customer Service will contact you via email or phone call indicating how to proceed to send the defective product and providing you with a return number.
The product / s of the order must be returned to the address that we will provide with all the elements with which it was delivered in perfect condition, without damage or marks that denote an inappropriate use of the good or different to the nature of the same.
Once the defective product is received complying with these requirements and it is verified that the product (s) have a manufacturing defect, we will contact you to arrange the repair, replacement, reduction or termination of the contract. In any of the above cases the expenses derived will be borne by VEGETAL BIOPLANT S.L ..
9.3 Non-defective product return: When the product has no defect and its return has been motivated by ignorance or misuse, VEGETAL BIOPLANT S.L. will contact you to indicate the steps to follow for the recovery of the product.
The shipping costs derived from the return of a product that does not present any defect or defect to the user will be borne by the customer and VEGETAL BIOPLANT S.L. You will not proceed with this shipment until you have received the advance payment of the transportation costs. Verification by VEGETAL BIOPLANT S.L. The fact that the product resulting from the return is damaged due to misuse or poor protection during shipment may result in the cancellation of the Guarantee or cause a decrease in the value of the product.
9.4 Return by mistake in the order by VEGETAL BIOPLANT S.L .: When the product does not correspond to the order, due to an error attributable to the company, the user must communicate it by mail to the company as soon as possible; VEGETAL BIOPLANT S.L. will run with the costs of collecting the product sent by mistake and delivery of the corresponding to the order placed.
9.5 Verification of Returns: Verification and verification of the products to be returned will be borne by VEGETAL BIOPLANT S.L. that, once in their facilities, they will verify that they are received complying with all the requirements established in section 9.1. Failure to comply with these requirements may result in the cancellation of the Guarantee or cause a decrease in the value of the product.
In case of missing any of the elements, the product will be returned to your home with a note indicating the missing content.
9.6 The right of withdrawal can not be applied in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, being forbidden the use of seals and adhesive tapes applied directly on it.
3. When the product is open without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalized products or those that, due to hygienic reasons or other legally established exceptions, are not susceptible of this right.
10.1 Reimbursement of shipping costs: If you request the refund of the return shipping costs, you must send the products by standard mail (ordinary letter). The responsibility for the shipment lies exclusively with the transport company or medium contracted for the shipment. The extra expenses derived from the contracting of fast delivery services will be borne by the client.
10.2 Refund for refund: In the case of return, the refund of the amounts paid will be made through the transfer or card by the same means of payment that was used in the purchase. In the case of cash on delivery, the refund will be made by bank transfer. VEGETAL BIOPLANT S.L. It will not refund the amount or make any return of goods until the reception and state of packaging and accessories of the product object of the return or change in our warehouse has been verified.
10.3 Term of Reimbursement: the reimbursement will be made within a period of 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum period to make the established payment is one month. To proceed with the refund you must give us the following information:
No. of return
invoice number and order
IBAN + 20 digits of your bank account in case of payment against refund or transfer
10.4 VEGETAL BIOPLANT S.L. declines the reimbursement of amounts if:
the products are used or damaged, or their use has exceeded their nature.
the products are missing some element.
11. APPLICABLE WARRANTIES AND AFTER-SALES SERVICES:
11.1 Guarantee: All products offered through the website are completely original, unless otherwise indicated in its description.
All products have a guarantee period of 2 years, according to the criteria and conditions described in Law 3/2014, of March 27, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, except in exceptional cases where it may be of different duration.
In the event that the Law on Guarantees for the Sale of Consumer Goods (23/2003, of July 10) establishes that the product must be sent to the manufacturer to manage said guarantee, the VEGETAL BIOPLANT S.L. will tell you how to proceed via email or phone call. In these cases, VEGETAL BIOPLANT S.L. It is not responsible for how the manufacturer processes the warranty of said product.
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided they meet all the requirements that are expressed below, except that due to the circumstances of the case, some of them are not applicable:
a) They conform to the description made by VEGETAL BIOPLANT S.L.
b) Are suitable for the uses to which products of the same type are ordinarily destined.
c) Are suitable for any special use required by the client when he has informed VEGETAL BIOPLANT S.L. at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
d) Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the products made by VEGETAL BIOPLANT S.L.
e) VEGETAL BIOPLANT S.L. describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so that it is not bound by these public statements.
2. The lack of conformity resulting from improper installation of the product will be equated to the lack of conformity of the same when the installation is included in the sales contract and has been carried out by VEGETAL BIOPLANT S.L. or under your responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. The responsibility for non-compliance that the User knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in materials provided by the User will not proceed.
11.2 Defective products: In case of defective product, VEGETAL BIOPLANT S.L. must proceed to repair, replacement, price reduction or termination of the contract (as appropriate), steps that will be free for the user. VEGETAL BIOPLANT S.L. responds to the lack of conformity that is manifested within a period of two years from delivery, provided that you inform VEGETAL BIOPLANT S.L. of the lack of conformity within two months of having knowledge of it.
11.3 Assumptions of cancellation of guarantee: The guarantee does not apply in the following cases:
Deterioration created by adaptations, adjustments or modifications made on a product without written agreement with the manufacturer,
Expenses related to maintenance, repair or replacement by parts due to normal wear and tear,
Breakdowns and deterioration of accessories.
Deterioration created by improper use of the product, inappropriate use, failure to comply with the instructions for use with regard to its use and maintenance or improper installation
Damages caused by non-accredited persons or the user
Damage caused by accidents, lightning, floods, fires or any other cause that is not the responsibility of the manufacturer
Damages caused by a system failure in which the product may be incorporated
If the model or the serial number of the product show any modification
Use of the product outside the family and private setting, for example in intensive professional use.
Products already repaired by Repair Services other than VEGETAL BIOPLANT S.L.
11.4 Replacement of an irreparable product: In the event that the product is considered irreparable or the cost of the repair is disproportionate to its value, it will be replaced by another exactly equal. If this is not possible, we will offer you a product with identical or superior characteristics. The replacement of your product will terminate your purchase agreement and warranty extensions if any, because when you purchase your new product it will benefit from a new contract as it is a new purchase.
12. RESOLUTION OF LITIGATION ONLINE (ONLINE DISPUTE RESOLUTION)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
13. APPLICABLE LAW AND JURISDICTION:
These conditions shall be governed or construed in accordance with Spanish law in matters not expressly established. The provider and the user, agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the domicile of the provider (if it is a legal entity) or the user (if it is a natural person) .
In the event that the user has his domicile outside Spain, the provider and the user, expressly waive any other forum, submitting to the Courts and Tribunals of the city of Almeria (Spain).
14. COMMENTS AND SUGGESTIONS:
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions through our contact form.
In addition, we have official complaint forms available to consumers and users. You can request them by calling Customer Service (+34) 648 689 807 or through our contact form.
ANNEX: RIGHT OF WITHDRAWAL
For the attention of:
Name: VEGETAL BIOPLANT S.L.
Address: Av. De Andalucía, 104, bajo 1º, CP 41657 Los Corrales, (Sevilla)
Phone: (+34) 648 689 807
Data of the good / benefit to be abandoned:
Order / invoice number: _______________________
Order date / invoice: ____________________
Date of receipt of the product / service: ______________________
Product / service description: _____________________________
Consumer / user data:
First name: __________________________________
Right of withdrawal:
In accordance with article 68 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, I inform you that I am withdrawing from the contract of sale of the good / benefit described above, for which I would be grateful if you could contact me through the contact information provided, to notify me that this request has been made.
Date of the request:
Signature of the consumer/use