0. INFORMATION PRIOR TO HIRING
Below, and for your reading and understanding, the General Conditions of Contract (hereinafter, the "General Conditions") are set out, which will be applicable to all commercial operations of distance buying and selling of articles and/or articles and / or products made electronically through the Website https://www.jardinvertical.es (hereinafter, the Website), from the moment the OWNER OF THE WEB sends the CLIENT the General Conditions in the document of confirmation of the order, and not at any other time before.
These General Conditions will remain in force and will be valid for as long as they are accessible through the Website, if you do not agree with them you should not use this Website.
THE OWNER OF THE WEB reserves the right to modify totally or partially at any time both the General Conditions, as well as all those legal notices, guidelines and/or regulations of use collected on the Website and that, depending on the case, will replace, will complete and/or modify the General Conditions collected here, without this affecting the articles and/or articles and/or products that were acquired prior to the modification.
Said modifications may be made, through the Website, by any legally admissible form and will be mandatory during the time they are published on the web and until they are validly modified by subsequent ones.
THE OWNER OF THE WEB informs that the CLIENT can have access to the General Conditions by clicking on the link "General Contract Conditions". We recommend that THE CLIENT consult the General Conditions periodically, since they may be modified. You can always consult the current version of these conditions at https://www.jardinvertical.es/condiciones-generales-contratacion
However, THE OWNER OF THE WEB reserves the right to apply, in certain cases, some Particular Conditions in preference to these General Conditions when deemed appropriate, announcing them in a timely manner.
In case of contradiction between the terms and conditions stated in these General Conditions and the Particular Conditions, the conditions agreed in this last instrument will always prevail with respect to those incompatible terms, and only with respect to those articles and/or articles and/or products subject to these specific conditions.
The acceptance of this contractual document implies that the CLIENT:
to. She has read, understands and comprehends what is stated here.
b. That he is a natural person or represents a legal person with sufficient capacity to contract.
c. That he assumes all the conditions and obligations set forth herein.
1. INTERVENING PARTIES AND IDENTITY OF THE PARTIES
From one side,
THE OWNER OF THE WEBSITE is Unicesped, SL, NIF: B92918564, with address at Calle Algatocín 1 – 29004 Málaga (Spain), telephone (+34) 664 07 49 90 and email hola@jardinvertical.es
And from somewhere else,
The CLIENT, registered on the Website by means of a username and password, or where appropriate, as a guest user without the need to be registered, over whom they have full responsibility for the use and custody, being responsible for the veracity of the personal data provided to the OWNER OF THE WEB.
Only the natural or legal person who adequately proves their condition and accepts these General Conditions and the Particular Conditions that, where appropriate, are applicable and that, together with the Legal Notice, the Privacy Policy and The Cookies Policy, govern our commercial relationship, from the moment the OWNER OF THE WEB sends you the General Conditions in the order confirmation document, and not at any other time before.
If you do not agree with any part of the terms, you may not purchase any of the items and/or items and/or products offered on the website.
In the case of individuals, the purchase of items and/or products by minors or by legal entities that do not meet the requirements set forth in these General Contract Conditions is expressly prohibited.
The placing of orders from the Website by a minor who falsifies the information, will be understood to be carried out under the supervision and authorization of their parents, guardians or legal representatives.
2. OBJECT OF THE CONTRACT
These General Conditions will regulate the commercial relationship that arises between THE OWNER OF THE WEB and the CLIENT for the purchases of articles and/or articles and/or products made on the Website.
Taking into account the foregoing, the CLIENT will only be subject to the General Conditions from the moment in which he receives from the OWNER OF THE WEB all the conditions of the purchase in the order confirmation document.
Contracting entails the delivery, upon payment of a certain price and publicly displayed through the Website, of a specific item and/or product.
These Conditions and any document to which express reference is made in these constitute the entire agreement between the CLIENT and the OWNER OF THE WEB in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or by written by the same parties.
The CLIENT and the OWNER OF THE WEBSITE acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
Access to the Website is free and free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the user.
Access to most of the contents of the Website is completely free and does not require prior registration, without prejudice to the fact that THE OWNER OF THE WEB conditions the use of some of the services offered on its website to the prior completion of the corresponding form, and in your case may involve the payment of economic amounts.
Access to the Website by persons under 18 years of age is prohibited. However, in the event that access to the Website takes place by a minor, it will be presumed that said access has been made with the prior and express authorization of their parents, guardians or legal representatives, notwithstanding that THE OWNER OF THE WEB reserves the right to carry out as many verifications and verifications as it deems appropriate.
Under no circumstances THE OWNER OF THE WEBSITE will be responsible for the veracity of the data provided by the user, so each user will be solely responsible for the information provided to the OWNER OF THE WEBSITE being adequate, accurate and precise or, in case On the contrary, of the possible consequences that could derive from the lack of quality of the data or from the false or inaccurate statements that it makes.
3.1. Requirements to obtain the condition of registered user
In order to carry out the purchase of the articles and/or articles and/or products made available to users by THE OWNER OF THE WEB, it is necessary that they register previously, facilitating through the forms provided for this purpose, at least, the registration data that is required as mandatory.
It is an essential requirement to be able to register as a user to be over eighteen (18) years of age and to provide through the website all the information required as mandatory. The registered user assumes that their user account is personal and non-transferable, and both individuals and legal entities can register on the Website.
All registered users will have an access password, which will be, in any case, personal, non-transferable, and will have a limited temporary validity. This password must meet minimum length and security requirements. The user may modify or recover said password at any time, following the procedure provided on the Website. In no case THE OWNER OF THE WEB will have direct access to said password except for the provision of the service of access to the Website to the users.
By virtue of the foregoing, it is the user's obligation to immediately notify the OWNER OF THE WEB of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with its immediate cancellation. As long as such facts are not communicated, THE OWNER OF THE WEBSITE will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
3.2. Unsubscribe as a registered user
The user can, at any time, request to unsubscribe from the website, sufficing to process it through the section enabled for this purpose in the section “My account – Unsubscribe” available on the Website.
In any case, once the cancellation has been made, the user may request a new registration, except for the power of the WEBSITE OWNER not to admit said registration in the specific cases specified in the clause called "Requirements to obtain the status of user ”, or in case of conflict or controversy between the parties, which is yet to be resolved or which has ended with acknowledgment of fault or negligence of the user and/or damage to the OWNER OF THE WEBSITE, its collaborators and associates or its users, clients or potential clients.
3.3. Requirements to obtain guest user status
The acquisition of articles and/or articles and/or products made available to consumers by THE OWNER OF THE WEBSITE can also be made as a guest user without the need for registration.
Natural persons over eighteen (18) years of age and legal entities legally constituted and with sufficient capacity to contract, and who provide through the website all the information required as mandatory, regarding identification data, may act as guest users. delivery address, billing information and chosen payment method.
4. DESCRIPTION OF THE ARTICLES AND/OR ITEMS AND/OR PRODUCTS
In compliance with current regulations and, in particular, with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, THE OWNER OF THE WEBSITE offers in each of the sections of the Website , depending on the type of item and/or product in question, information about it, its characteristics and prices:
- Artificial vertical gardens
- Artificial plants
- artificial grass: more than 15 types of decorative models for garden
- colored artificial grass, and its accessories such as elastic bases and accessories
- decorative wall panels
The articles and/or articles and/or products offered, as well as others that in the future could be offered through the Website, will be delivered in exchange for the corresponding remuneration to be paid by the CLIENT, and will confer on the latter a right of use on them, subject to the terms, conditions and terms of these general conditions and the particular conditions that, where appropriate, are established.
However, THE OWNER OF THE WEB reserves the right to withdraw, replace or change the articles and/or articles and/or products offered through the Website, by simply changing their content.
In this way, the articles and/or articles and/or products offered at any time on the Website will be governed by the General Conditions in force in each case. Likewise, THE OWNER OF THE WEBSITE will have the power to stop offering, without prior notice and at any time, access to the articles and/or products mentioned.
The descriptions, which are established in each case, will regulate the provision by the OWNER OF THE WEB of the articles and/or articles and/or products that are offered to the CLIENT.
4.1. Availability of items and/or items and/or products
The availability of the articles and/or articles and/or products offered by THE OWNER OF THE WEB through the Website may vary depending on the demand of the CUSTOMERS. Although THE OWNER OF THE WEB updates the stock periodically, the item and/or product requested by the CLIENT could be out of stock at that time. In such a case, THE OWNER OF THE WEB will contact the user by email or telephone call to resolve the incident in their order, proposing an alternative similar item and/or product, wait for the selected item and/or product is again available in our stock or proceed to cancel the order.
4.2. Indication and validity of prices
The prices of the articles and/or articles and/or products are always shown in the Euro currency (€) and include the corresponding Value Added Tax (VAT) or other taxes that may be applicable and that will be in force at all times. .
VAT is included in these prices. Unless expressly stated otherwise, prices do not include shipping, handling, packaging, shipping insurance or any other additional services and annexes to the item and/or product purchased.
The shipping costs of the items and/or products are borne by the CUSTOMER and will be added to the total amount of the selected items and/or items and/or products. You will be informed of these expenses before confirming the order and finalizing the contracting process.
The prices shown on the Website are exclusively applicable to the articles and/or articles and/or products offered through said Website and during the time they remain published and applied automatically by the contracting process in the last phase. of the same.
THE OWNER OF THE WEBSITE expressly reserves the right to modify prices at any time without prior notice. However, in any case, the rates in force indicated at the time of placing the corresponding order will apply.
Any payment made to the OWNER OF THE WEB will entail the issuance of an invoice in the name of the CLIENT. Said invoice will be automatically sent to the email address provided by the CLIENT, as well as sent together with the item and/or product purchased.
The CUSTOMER by accepting these General Conditions authorizes and grants his express consent to the OWNER OF THE WEB so that the purchase invoice of the order is issued and sent to his email in electronic format .pdf, except in the event that the CUSTOMER does not authorizes it and expressly requests the sending of the purchase invoice in paper format by ordinary postal mail.
To do this, you can contact Customer Service on the phone (+34) 664 07 49 90 or send an email to hola@jardinvertical.es and request the purchase invoice for your order in paper format that will be sent by THE OWNER OF THE WEB by ordinary postal mail to the address indicated by the CLIENT.
For any information about the order, the CLIENT must contact THE OWNER OF THE WEB by telephone (+34) 664 07 49 90 or the email address hola@jardinvertical.es In any case, it must be indicated in the subject of the message or call made the order number that was assigned and indicated in the purchase confirmation email.
5. USER REGISTRATION AND PURCHASE PROCESS
The contracting procedure in the online store can only be carried out in Spanish.
All the processing of the order, perfection of the contract as well as subsequent communications with the client will be carried out in Spanish.
In the event that it could be carried out in another language, it will be indicated before starting the contracting procedure.
In order to access the articles and/or articles and/or products offered by THE OWNER OF THE WEBSITE, the CLIENT must register through the website by creating a CLIENT account. To do this, the CLIENT must freely and voluntarily provide the personal data that will be required in the "New user" form and then click on the "Register" button.
The CLIENT will select a username and a password, committing to make diligent use of them, and not to make them available to third parties, as well as to notify the OWNER OF THE WEB of the loss or theft of the same or of the possible access by a unauthorized third party, in such a way that it proceeds to the immediate blocking, the CLIENT being solely responsible for the damages that it may suffer, or that it may cause, due to improper use of its passwords due to poor custody or use of the passwords. themselves on their part.
The CLIENT is responsible for treating confidentially and responsibly the identity and password obtained in the registration as CLIENT, not being able to transfer them to another.
The CLIENT may not choose as the CLIENT's name words that are intended to confuse others by identifying him as an integral member of the OWNER OF THE WEB, as well as profanity, insulting expressions and, in general, contrary to the law or the requirements of morals and good customs.
The CLIENT also to be able to access the articles and/or articles and/or products offered by THE OWNER OF THE WEB, as a guest user, without the need for registration. To do this, the CUSTOMER must freely and voluntarily provide the personal data that will be required in the order formalization form.
In any case, the contracting platform of the OWNER OF THE WEB will inform the CLIENT, once the contracting procedure is finished, via email, regarding all the characteristics, price, forms of transport, date of contracting and term of delivery of the article. and/or purchased product.
Once the CLIENT account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the procedure for Recruitment will follow these steps:
1. The CUSTOMER, registered user or as a guest user without the need for registration, to proceed with the purchase of items and/or items and/or products, must select the product(s) they wish to purchase and add them to their “Shopping Cart”. Buy”, by clicking on the “Add to my basket” button.
2. The CUSTOMER will be able to check that the product(s) have been correctly added to their "Shopping Cart" basket, which must include the number of items and/or products selected.
3. The CUSTOMER will see a detailed summary of the items and/or items and/or products in his "Shopping Cart", which includes:
- Image of the article and/or product
- Item and/or product description
- Availability of the item and/or product
- Unit price
- Quantity
- Total
- Total articles and/or articles and/or products (VAT included)
- Total shipping costs (VAT included)
- Total
4. The CUSTOMER will then be shown an electronic form that must be filled in with their billing information and full address for the delivery of the merchandise. Once completed, click on the SAVE button.
5. If the delivery address of the merchandise is different from the one indicated for the billing address, the CUSTOMER can add a new address by clicking on the ADD NEW ADDRESS button.
6. If the delivery address indicated in the billing data coincides with the delivery address, these will be selected by default when placing the order. In any case, the CUSTOMER can add additional addresses at any time through the "My addresses" section. Always make sure to update your details if they have changed.
7. Before proceeding with the order, the CUSTOMER must carefully read these general conditions and the basic data protection information made available to them, accepting them in their entirety by marking the following "check-box":
□ I agree with the basic data protection information made available to me and with the General Conditions of Contract, accepting both without reservations.
8. As a payment system for your order, the CUSTOMER will use one of the payment methods established by THE OWNER OF THE WEB on the website.
9. The order will be processed once the CUSTOMER clicks on the button "Place order with payment obligation" located at the bottom of the page.
10. Once the purchase has been made, the CLIENT will be sent, to the email address indicated for this purpose, a confirmation of the purchase made, "Proof of Purchase", which will serve as proof of the operation carried out and which can be printed on paper. The order confirmation and the Proof of Purchase will not be valid as an invoice.
11. To check the status of your pending orders you have to enter through the “My account” option. After identifying yourself (“login” page) you will be able to access your order page, where you will find them sorted by order date and an indication of the order status.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of the OWNER OF THE WEB in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION – RGPD UE 2016/679) and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD 3/2018), and the rights that assist Users in accordance with the privacy policy of this Website.
6. TECHNICAL MEANS TO CORRECT ERRORS
The CLIENT is informed that in the event that he has provided erroneous data when formalizing his order request on the Website, he may modify them by contacting THE OWNER OF THE WEB using the contact form on the Website , by sending an email to hola@jardinvertical.es, contacting CUSTOMER SERVICE on the phone (+34) 664 07 49 90 or through the personal space "My account".
7. METHODS OF PAYMENT
To proceed with the payment, the CLIENT must follow each and every one of the instructions displayed on the Website. The payment of the price of the articles and/or articles and/or products can only be made through the forms of payment that are indicated on the Website at any given time.
As a payment system, there are several payment methods established on the Website so that the CUSTOMER of his choice can place his order:
– Paypal: The CUSTOMER can pay the amount of his shopping cart through the PayPal payment gateway. If you choose this method, you can also use your bank credit or debit card as a payment method.
– Stripe: The CUSTOMER can pay the amount of their shopping cart by credit or debit card through the Stripe payment platform.
– Bank transfer: The CUSTOMER may choose to pay for the order by transfer. To do this, you must click on the web link "payment by bank transfer" and follow the instructions that are cited in the email you receive.
– Banco Cetelem: The CUSTOMER can choose at the time he makes the payment of his purchase to request for study and approval the form of deferred payment without interest and up to 12 months, offered by Banco Cetelem, SAU.
In the case of payment by credit and/or debit card, the payment will be subject to checks and authorizations by the issuing entities, but if said entity does not authorize the payment, it will not be possible to continue with the purchase procedure started, being automatically canceled the order, and understanding that the purchase of the requested product has not been made. The amount of the price of the item and/or product, as well as any applicable tax, will be shown at the time of placing the order.
With the aim of reinforcing the security and protection of online purchases, THE OWNER OF THE WEB has implemented the necessary processes to improve the security of transactions thanks to the incorporation of a payment service provider and a banking intermediary that guarantee the confidentiality and security of operations, forcing the authentication of each of the purchases made through the website in the cases required by the security regulations on means of payment (PSD2).
All payment orders are identified by a code, generated by the payment provider, without which no transaction will be authorized by the corresponding bank. This code will serve the OWNER OF THE WEB to be able to make the corresponding charges without the need to store the payment card data.
In no case, THE OWNER OF THE WEB will store the data provided by the CUSTOMERS through the payment gateway in their own computer systems, and will only be kept while the purchase is made, the payment is made and until the withdrawal period has elapsed. .
The CUSTOMER's purchase may be deferred for anti-fraud verification. It can also be suspended for a longer time for a more rigorous investigation, to prevent fraudulent transactions.
8. VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of articles and/or articles and/or products will 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 where their corresponding tax rates apply. The applicable VAT rate will be the one legally in force at all times depending on the specific article and/or product in question.
In this same sense, and in accordance with DIRECTIVE (EU) 2017/2455 OF THE COUNCIL of December 5, 2017, which modifies Directive 2006/112/CE and Directive 2009/132/CE in relation to certain obligations regarding the value added tax for the provision of services and distance sales of goods, the purchase orders will be located, for their delivery and/or provision, in that Member State of the European Union in which the address that appears in the purchase order it is located and, therefore, the applicable VAT will be that in force in said Member State.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992 and DIRECTIVE (EU) 2017/2455, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. The CUSTOMER must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be borne by them.
For the rest of the locations, different from the previous ones, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at all times will be applied; The CUSTOMER must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by him. For more information, the CUSTOMER should go to the customs office at destination.
9. ORDER PROCESSING
Once the reception of the payment of the article and/or product for the total amount indicated in the purchase process has been verified, the processing of the order will be initiated by the WEBSITE OWNER.
THE OWNER OF THE WEB does not guarantee the price offered in this order for more than five days from its date. If payment has not been made within five days by the means established for this purpose, the price may be modified.
For this purpose, the CLIENT consents that the invoice be sent by THE OWNER OF THE WEB in electronic format to the email address provided. The CLIENT may, at any time, revoke this consent by sending an email to hola@jardinvertical.es to receive the invoice in paper format.
Likewise, it is recommended that the CUSTOMER print and/or save a copy on a durable medium of the conditions of sale when placing their order, as well as the proof of receipt sent by THE OWNER OF THE WEB by email.
THE OWNER OF THE WEBSITE will deliver the articles and/or articles and/or products as they appear on the web.
The merchandise travels to its destination fully insured by the OWNER OF THE WEB, the cost of said insurance being included in the price corresponding to the handling and shipping heading.
In the event of any incident detected in the delivery of the merchandise, the CLIENT must contact us through the contact form, and indicating in the message all the aspects related to the incident of the delivery of the merchandise.
10. SHIPPING CONDITIONS OF ARTICLES AND/OR ARTICLES AND/OR PRODUCTS
The articles and/or products whose purchase has been made through the Website, will be sent, conveniently protected by a cardboard box, to the postal address indicated in the order form through the transport agencies CBL, Schenker (Canary Islands) and Correos Express, contracted for this purpose by the OWNER OF THE WEBSITE, and it cannot correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar ones.
The delivery time of the articles and/or articles and/or products will depend on the place of destination of the shipment, and in any case it begins to count from when THE OWNER OF THE WEB receives the amount of the order. However, it will not acquire any responsibility for failures to comply with these dates as long as it is for reasons beyond the OWNER OF THE WEB.
In the case of purchasing artificial grass, we inform you that the transport company delivers the product at street level . Due to the volume of the product, damage may occur during loading, such as scratches or scratches on walls, doors or elevators, for which we are not responsible.
In case of non-execution of the contract by the WEBSITE OWNER due to the fact that the purchased item is not available, the CLIENT will be informed of this lack of availability by email and the WEBSITE OWNER, without any undue delay, will refund the sums that you have paid under it.
10.1. Order delivery times
Orders for articles and/or articles and/or products made by the CLIENT through the Website can currently be sent to residents in any population of the Spanish Peninsular Territory, the Balearic Islands, the Canary Islands, the autonomous cities of Ceuta and Melilla and Portugal.
In application of Regulation (EU) 2018/302 of the European Parliament and of the Council, of February 28, 2018, on measures to prevent unjustified geographic blocking and other forms of discrimination based on nationality, place of residence or place of establishment of customers in the internal market and amending Regulations (EC) No. 2006/2004 and (EU) 2017/2394, and Directive 2009/22/EC, consumers and users residing in Countries that are part of the European Union will have the right to free access to any online store regardless of the European country where they reside, since it is prohibited to block access to a page of an electronic commerce.
Once the payment of the order has been confirmed, in the event that the items and/or items and/or products requested are available, the orders will leave the warehouse of the OWNER OF THE WEB, to the delivery address indicated by the CLIENT.
The delivery times of the orders will depend on the physical location of the CLIENT or, where appropriate, of the different recipients, if any, as well as the time of placing the order (official Spanish peninsular time).
For orders of articles and/or products of any type of those offered on the Website received before 4:00 p.m. the previous day, the delivery of the orders, once the payment has been confirmed and the order prepared for shipment, will be will be made at the address freely designated by the CLIENT within the following estimated delivery time:
| delivery area | Estimated delivery time* |
| Spanish Peninsular Territory | From 2 to 5 business days following the payment confirmation date. |
| Balearic Islands | From 2 to 5 business days following the payment confirmation date. |
| Canary Islands | From 2 to 5 business days following the payment confirmation date. |
| Ceuta and melilla | From 2 to 5 business days following the payment confirmation date. |
| Portugal | From 2 to 5 business days following the payment confirmation date. |
In the case of delay in the shipment of the merchandise and therefore our commitment to deliver the order within the estimated delivery time could not be fulfilled, THE OWNER OF THE WEB will contact the CLIENT by email or telephone call to resolve the incident in your order, proposing an alternative similar product, wait for the selected product to be ready for shipment or proceed to cancel the order.
As a general rule, and unless there are circumstances arising from the personalization of articles and/or products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the selected product within the delivery times indicated above and, in any case, , within a maximum period of 30 working days from the date of order confirmation.
10.2. Delivery times for orders due to the COVID 19 health crisis.
The OWNER OF THE WEB informs, in order that CUSTOMERS can manage their expectations, that the current situation we are going through may affect the normal delivery times of orders.
CUSTOMERS are also informed that the availability of the items and/or products offered in the online store may be subject to possible restrictions on delivery times and times.
For this reason, THE OWNER OF THE WEB offers customers, in the event that it is impossible to make deliveries or that these may be delayed beyond the established period, the option of sending the orders once the current situation has been overcome, or to cancel the order, making the refund of the amount paid as quickly as possible.
10.2.1. Hygienic measures for the preparation of orders for the health crisis of COVID 19.
Due to the health crisis of COVID-19, the OWNER OF THE WEB has adapted the following hygienic measures in the preparation of the packaging of orders made through the Website:
- Periodic disinfection of tables or counters for preparation of orders.
- Disinfection of packaging before delivery to the transport agency.
- Use of disposable gloves and hand washing with soap and water before and after putting on gloves.
10.2.2 How orders will be delivered due to the COVID 19 health crisis.
- Establishing a delivery system that does not involve collecting the CUSTOMER's signature when receiving the order, such as writing down personal data.
- Depositing the order at the door of the address, respecting the safety distance until it is picked up by the recipient.
- Delivery drivers will not share the elevator with anyone to comply with the safety distance.
10.3. Shipping costs of articles and/or products
The shipping costs of the orders, with their corresponding taxes, will be shown during the purchase process of the articles and/or products before the formalization of the order.
| delivery area | Shipping costs |
| Spanish Peninsular Territory | 11,90 € |
For orders for an amount equal to or greater than €150 made by residents of the Spanish Peninsular Territory, shipping costs will be FREE regardless of the weight of the order and the place of delivery.
10.4. Impossibility of delivery
If it is impossible to make the delivery of your order, the customer service of the Website will contact the CLIENT to agree on a new delivery date if you are not going to be at the place of delivery at the agreed time.
In the event that 15 days have elapsed since your order is available for delivery, the order has not been delivered for reasons not attributable to the OWNER OF THE WEB, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a consequence of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract terminated. Please, keep in mind that the transport derived from the resolution may have an additional cost, for which we will be authorized to pass on the corresponding costs.
If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid.
For the purposes of these Conditions, it will be understood that the "delivery" has taken place or that the order has been "delivered" at the moment in which you or a third party indicated by you acquires the material possession of the articles and/or products. , which will be accredited by signing the receipt of the order at the agreed delivery address.
THE OWNER OF THE WEB does not assume any responsibility when the delivery of the order does not take place as a result of the data provided by the CLIENT being false, inaccurate or incomplete, assuming any other responsibility related to the non-delivery of the order.
Notwithstanding the foregoing, THE OWNER OF THE WEB must adopt the measures required of a diligent merchant so that the delivery can be made within the agreed time.
If the CUSTOMER does not receive the order within the delivery times established in these conditions and from the date it leaves our warehouse, you can contact us by phone (+34) 664 07 49 90 or by email hello@ jardinvertical.es
THE OWNER OF THE WEBSITE will do everything possible to meet the indicated delivery deadline and if he becomes aware that for any reason it will not be able to be met, he will notify the CLIENT via email or by phone.
THE OWNER OF THE WEB, will inform the CUSTOMER of the unavailability of the item and/or product as soon as it has been informed by its supplier, or of the impossibility of supplying the requested product.
The CUSTOMER may decide whether to cancel the order request or, where appropriate, request the quote of an alternative product with similar characteristics.
10.5. Promotional Codes: Terms and Conditions
The WEBSITE OWNER may issue single-use promotional codes as an incentive for customers. When the OWNER OF THE WEBSITE believes that a client has premeditatedly circumvented the measures established to restrict that use, OWNER OF THE WEBSITE may adjust the subsequent order of said client accordingly.
When using the promotional codes, it will be the responsibility of the CUSTOMERS to verify that the promotion or discount in question is accurately reflected when making the payment and during the applicable period.
Customers must immediately contact THE OWNER OF THE WEB if they detect any error or the promotional code is not correctly applied to the purchase made.
The types of offers and promotions offered by THE OWNER OF THE WEB may vary depending on their own needs, indicating in each of the promotional codes made available to CLIENTS to which purchase of articles and/or articles and/or products is can apply, their advantages and their expiration dates.
Offer is subject to valid registration and acceptance of standard website terms and conditions.
Promotional code is non-transferable and cannot be sold or redeemed. Only one promotional code can be used per customer and it exclusively applies to purchases of items and/or items and/or products made through the online store. Use of any promotional code constitutes acceptance of these terms and conditions.
11. WITHDRAWAL OF ORDERS
11.1. Information on the exercise of the legal right of withdrawal
When the CLIENT is a consumer and the contract is concluded without the simultaneous physical presence of the CLIENT and the OWNER OF THE WEB (distance selling), the CLIENT will enjoy the right of withdrawal described in this section.
The CUSTOMER has the right of withdrawal of the purchase made through the Website and therefore, if he is not satisfied, and provided that the very nature of the purchased product allows it, he may return it within a maximum period of fourteen (14) days. calendar days from the date of delivery of the order at the address indicated and without the need for justification.
The term for the exercise of this right is 14 calendar days from the reception of the product by the CLIENT or from the conclusion of the contract if it is a question of provision of services, without penalties for its exercise.
To exercise the right of withdrawal, the CUSTOMER must notify his decision to withdraw from the contract through a statement made in any manner permitted by law. You can use the standard withdrawal form model below, although its use is not mandatory.
11.2. Legal withdrawal form model
1. Data of the WEBSITE OWNER
Unicesped, SL
NIF: B92918564
Address: Calle Algatocín 1 – 29004 Málaga (Spain)
Tel. (+34) 664 07 49 90 | E-mail: hola@jardinvertical.es
2. I hereby inform you that I withdraw from the purchase/sale contract of the following item and/or product ___ acquired on day ___
4. Consumer name
5. Consumer address
6. Signature
7. Date
To exercise the right of withdrawal, the CLIENT must notify the WEBSITE OWNER of his decision to withdraw from the purchase contract through a written communication addressed to the postal address Calle Algatocín 1 – 29004 Málaga (Spain) or by email addressed to hola@jardinvertical.es If you resort to that option, we will notify you without delay via email the receipt of said withdrawal.
Click here to download the withdrawal form.
11.3. Consequences of the legal right of withdrawal
In case of withdrawal, THE OWNER OF THE WEB will reimburse the consumer for the total amount of the purchase, that is, the price of the item and/or product plus the initial shipping costs when making the purchase, before fourteen (14) calendar days from the date on which he was informed of the decision to withdraw from the consumer's contract using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly provided otherwise and always and when the consumer does not incur any expense as a result of the reimbursement.
The refund of the purchase amount will be made through the same means of payment with which the item and/or product was purchased by the CUSTOMER.
The OWNER OF THE WEBSITE may withhold reimbursement to the consumer of the total amount of the purchase, until the items and/or items and/or products have been received, or until the CLIENT has reliably presented reliable and verified proof of the return of the items. depending on which condition is met first.
The exercise of the right of withdrawal may not be subject to any formality, so the consumer may be required to return the product in perfect condition without limiting the use of the product, provided that it does not go beyond the mere verification of good condition. and its operation.
In any case, for the purposes of making use of the right of withdrawal, it is not a condition that the items and/or products be returned in their original packaging.
The CLIENT will be responsible for the decrease in value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics or operation.
In any case, for the purposes of making use of the right of withdrawal, it is essential that the articles and/or products are in perfect condition. Before returning the product, the CUSTOMER must ensure that it is properly protected so that it does not suffer any damage during transport.
The CUSTOMER is informed that when exercising the right of withdrawal, the shipping costs for the return of the items and/or products purchased (return costs) from their home to the warehouse of the WEBSITE OWNER will always be borne by the CUSTOMER.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent, in the manner and substance described, before the corresponding term expires.
11.4. Exceptions to the legal right of withdrawal
Excluded from the right of withdrawal are those items and/or products in which, due to the very nature of the items and/or products to be purchased, it is impossible to carry it out, without prejudice to the corresponding claim for damages suffered, including, specifically, but not exclusively:
(i) Items and/or products sealed for hygiene or health reasons that have been unsealed and/or used after delivery.
(ii) Articles and/or articles and/or products made according to the consumer's specifications or clearly personalized, or that, due to their nature, cannot be returned or may deteriorate.
(ii) Items and/or items and/or products made to order.
The CUSTOMER's right of withdrawal expires in advance if THE OWNER OF THE WEBSITE, with the express consent of the CUSTOMER or at the latter's initiative, has already fully executed the provision of the contracted service before the expiration of the withdrawal period.
In this way, the CUSTOMER does not have the right of withdrawal if THE OWNER OF THE WEBSITE supplies articles and/or products manufactured according to the CUSTOMER's specifications, which are clearly designed according to their needs, which have been unsealed and/or used after delivery or if the CUSTOMER himself has ordered the provision of a service before the expiration of the withdrawal period.
12. GUARANTEES APPLICABLE TO ARTICLES AND/OR PRODUCTS
When the item and/or product purchased by the CLIENT on the Website presents a lack of conformity for not corresponding to the characteristics offered, presents defects that prevent its normal use according to its nature, or does not offer the benefits described for it , the CLIENT will have the right to clean up the property acquired within a period of 2 years, from the date of delivery and under the conditions and with the means of proof regulated in the Consolidated Text of the General Law for the Defense of Consumers and Users, without prejudice to the powers of the WEBSITE OWNER to verify the veracity of the defects, their origin and the time of their appearance.
This guarantee will only apply to items and/or products purchased through the Website and covers all manufacturing and material faults, as long as the instructions for use are followed.
The guarantee is not applicable to:
- normal wear and tear (including but not limited to damage such as scratches, dents, nicks, and rust)
- defects or damage caused by misuse, accident, spillage of food or liquid, fire, other acts of nature or external causes
- Improper or unauthorized alteration, tampering, modification, repair
- use not in accordance with traffic regulations
- damage caused by use with unsuitable accessories and non-original chargers
In any case, the CUSTOMER must contact the OWNER OF THE WEB within a maximum period of two months from the finding of the defect, and must report the nature of the problem, the time and the conditions of its appearance.
Likewise, the CLIENT has the right to clean up the property following the rules of article 118 and following of the Consolidated Text of the General Law for the Defense of Consumers and Users. In any case, the regulations that establish the applicable legislation on the guarantee of the sale of consumer goods will be applied.
To find out the procedures that must be followed in the event of problems with an article and/or product or to request complaint forms, you can contact our CUSTOMER SERVICE AND AFTER-SALES SERVICE directly by phone (+34) 664 07 49 90 or email hola@jardinvertical.es
Click here to download the claim forms of the Junta de Andalucía.
13. ADDITIONAL COMMERCIAL PRODUCT WARRANTY
The OWNER OF THE WEBSITE voluntarily and additionally offers added value to the product, guaranteeing for a period of 8 years, the quality of the UNICESPED artificial grass acquired through the website. The guarantee comes into force from the moment the CLIENT receives the material.
The OWNER OF THE WEB, undertakes to repair and/or replace the product, a price reduction or termination of the contract during the 8-year product warranty, as long as there are defects in the material directly related to its design and/or manufacture, and these are recognized as such by an expert in the sector.
The product warranty will not cover incidents arising from poor handling or improper use of the lawn, as well as from incorrect installation or incompatibility with other products.
14. RETURN OR REPLACEMENT OF DEFECTIVE ARTICLES AND/OR PRODUCTS
The CUSTOMER has the possibility of making returns of items and/or products received in poor condition, either due to tare or factory defect, (provided that said defects were not due to improper handling or use by the CUSTOMER), or that have been damaged in transport.
In cases where the CUSTOMER considers that at the time of delivery of the item and/or product it does not conform to the provisions of the contract, or if you detect any damage to the package upon receiving your order, please notify the carrier.
If, upon opening and reviewing it, you find any incident, such as a defect in a product or an erroneous shipment, you will have 48 hours to notify us through our email hola@jardinvertical.es or through the contact form on the Website, providing the product information and verifying the defect/damage by sending photographs in which it is verified that the good is really damaged or deteriorated.
The expenses incurred derived from the transport to return the product will be borne by the CUSTOMER, except in the case of a manufacturing defect of the article and/or product.
Once the original merchandise has been received, its condition will be checked and THE OWNER OF THE WEB will notify the CUSTOMER by email if he is entitled to exchange for a new item and/or product or a refund of the money.
However, we may withhold the refund until we have received the goods, or until the CUSTOMER has presented proof of the return of the items and/or products, depending on which condition is met first.
The OWNER OF THE WEB only accepts returns of items and/or products purchased on the Website without unsealing, that have not been tampered with or that are defective, within a maximum period of 14 days from the date of delivery of the merchandise.
It is not a condition that the items and/or products be returned in their original packaging. THE OWNER OF THE WEBSITE informs the CLIENT that if the items and/or products are not returned in the same original packaging, the goods may suffer a depreciation.
If some of the above conditions are missing or not met, THE OWNER OF THE WEB will not proceed to reimburse the amount of the purchase, since it is not proven that the commercial transaction has been carried out correctly.
If, on the contrary, once the merchandise has been received and THE OWNER OF THE WEB has examined it and accepts the return, the CUSTOMER will be notified by email, proceeding to return the amounts paid by the CUSTOMER through the same means payment method you used for the purchase within 7 business days.
To find out the procedures that must be followed to return an item and/or product damaged during shipping, incorrect or defective, you can directly contact our CUSTOMER SERVICE AND AFTER-SALES SERVICE via the telephone number (+34) 664 07 49 90 or email hola@jardinvertical.es
Click here to download the claim form.
15. INFORMATION ON THE PROCESSING OF PERSONAL DATA
In accordance with the provisions of REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of this data and which repeals Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION - RGPD UE 2016/679) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD 3/2018), THE OWNER OF THE WEBSITE informs the CLIENTS AND/OR USERS of the Website that all the personal data they provide by completing the electronic contact or registration forms existing on the Website , by sending emails to the different email accounts under the Internet domain jardinvertical.es are part of the Register of Treatment Activities (RAT) of the OWNER OF THE WEB that will be updated periodically in accordance with the provisions of the RGPD UE 2016/679 , for use by the different departments of the company in order to be able to provide the client and/or user with our services, process them (management, collection and delivery of items and / or products purchased), send the newsletter about the offers, promotions and recommendations of the OWNER OF THE WEB, as well as send commercial communications about our articles and / or articles and / or products by letter, telephone, email, SMS / MMS, WhatsApp, Telegram or by other equivalent means of electronic communication, as long as the interested party has consented to the processing of their personal data for this purpose.
The legitimacy of the treatment is based on the execution of a contract in which the interested party is a party or for the application of pre-contractual measures at the request of the interested party or by obtaining the express consent of the interested party. We will keep your personal data as long as there is a mutual interest for it, from the time you give us your consent until you revoke it or request the limitation of the treatment. In such cases, we will keep your data blocked for the legally required periods. The data will not be communicated to third parties, except legal obligation.
By entering their data in the existing electronic forms on the Website, the CLIENT grants their explicit and unequivocal consent to the OWNER OF THE WEBSITE to proceed, in compliance with the purposes mentioned in the previous section, to the processing of the personal data provided. .
Such data will not be transferred by THE OWNER OF THE WEB to third parties without the explicit and unequivocal consent of the CLIENT. All this, without prejudice to the duty of collaboration of the OWNER OF THE WEB, before the competent administrative and judicial bodies that may require data from the affected CLIENT.
Likewise, THE OWNER OF THE WEBSITE informs the CLIENT of the possibility of exercising the rights of access to personal data, rectification, deletion (right to be forgotten), limitation of treatment, portability of data, opposition to treatment and not being subject of automated individual decisions and, when the treatment is based on consent, the right to withdraw it at any time, by writing to the postal address Calle Algatocín 1 – 29004 Málaga (Spain) or through the email address hola@ jardinvertical.es, enclosing the affected party, in both cases, proof of identity valid in law, such as a photocopy of the DNI/NIE/Passport, and clearly indicating the right that they wish to exercise.
If you consider that the treatment does not comply with current regulations or you consider that your rights have been violated, you can also file a claim with the Spanish Control Authority at https://www.aepd.es You can consult our Privacy Policy at https:// www.jardinvertical.es/privacy-policy
16. LIABILITY AND RELEASE OF LIABILITY
THE OWNER OF THE WEBSITE cannot guarantee the technical continuity of the Website's online store, the absence of service failures or interruptions, or that the Website will be available or accessible one hundred percent of the time. The Website is hosted on a secure server and with the necessary SSL security certificate, these being the tools available to the OWNER OF THE WEBSITE to control the absence of viruses, worms or any other harmful computer element.
In no case, the unavailability of the Website, or the existence of faults in it, will in any way empower the CLIENT or third parties, to claim for any reason any type of remuneration or compensatory perk.
17. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and/or graphics are the property of the OWNER OF THE WEBSITE or, where appropriate, has a license or express authorization by the authors.
All the contents of the Website are duly protected by the intellectual and industrial property regulations, as well as registered in the corresponding public registries.
The total or partial reproduction, use, exploitation, distribution and commercialization, requires in any case the prior written authorization by the OWNER OF THE WEB.
Any use not previously authorized by the OWNER OF THE WEBSITE will be considered a serious breach of the intellectual or industrial property rights of the author.
The designs, logos, text and/or graphics not belonging to the OWNER OF THE WEBSITE and that may appear on the Website, belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to them.
THE OWNER OF THE WEB recognizes in favor of their owners the corresponding industrial and intellectual property rights, and their mere mention or appearance on the Website does not imply the existence of rights or any responsibility of THE OWNER OF THE WEB over them, nor does endorsement, sponsorship or recommendation by the same.
18. LINKS
The establishment of a hyperlink does not imply in any case the existence of relations between THE OWNER OF THE WEB and the owner of the Website in which it is established, nor the acceptance and approval by the OWNER OF THE WEB of its contents or services.
Those persons who intend to establish a hyperlink must previously request authorization in writing from the OWNER OF THE WEB. In any case, the hyperlink will only allow access to the home-page or home page of the websites, likewise you must refrain from making false, inaccurate or incorrect statements or indications about THE OWNER OF THE WEB, or include illegal content, contrary to good customs and public order.
THE OWNER OF THE WEBSITE is not responsible for the use that each user makes of the information made available on the Website or for the actions carried out based on it.
THE OWNER OF THE WEB does not assume any responsibility for the information contained in third-party web pages that can be accessed through "links" or links from any web page owned by the OWNER OF THE WEB. The presence of "links" or links on the Website of the OWNER OF THE WEB is for informational purposes only and in no case does it imply a suggestion, invitation or recommendation about them.
19. ENTIRE AGREEMENT
These conditions have been exposed with due notice, in accordance with current legislation. Likewise, THE OWNER OF THE WEB makes these General Conditions available to you, so that they can be stored and reproduced, thus fulfilling the legal duty of prior information.
Click here to download the General Conditions of Contract.
THE OWNER OF THE WEBSITE reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the online store of the Website, its functionalities and/or the contents incorporated therein. Thus, as well as to cease the provision of services at any time, keeping intact the commercial obligations or obligations of any kind acquired up to that moment.
In the event that any provision or provisions of these Purchase Conditions are considered null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or inapplicability will not affect the remaining provisions. In this case, the clause or clauses affected will be replaced by another or others that have the most similar effects to those of the replaced ones.
20. CUSTOMER SERVICE AND AFTER-SALES SERVICE
To make any kind of query, make a suggestion, or file a complaint or claim regarding the contracting of articles and/or articles and/or products, it can be done by filling in the contact form on the Website, through the email address email hola@jardinvertical.es, calling Customer Service on the phone (+34) 664 07 49 90 during the following business hours:
- Monday to Friday from 9:00 a.m. to 2:00 p.m. (mornings) and from 3:00 p.m. to 5:00 p.m. (afternoons)
- Saturdays, Sundays and holidays closed
21. EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM
In the event that the CLIENT has had a problem with a purchase or the provision of an online service, they may use this means to present any claim in relation to said sale or provision of services, as well as opt for the out-of-court solution of the conflict. aroused.
By virtue of the provisions of article 14.1 of Regulation (EU) 524/2013 applicable throughout the European Union and Law 7/2017, of November 2, which incorporates Directive 2013/ 11/EU, of the European Parliament and of the Council, of May 21, 2013, regarding the alternative resolution of consumer disputes, THE OWNER OF THE WEB makes the following link available to users of the Website: https: //webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
Through this link, the CLIENTS of the Website will be able to access the European Platform for Online Dispute Resolution in consumer matters (ODR).
22. EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure").
Causes of Force Majeure will include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and, among others, the following:
I. Strikes, lockouts or other protest measures.
II. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
III. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or any other natural disaster.
IV. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
V. Impossibility of using public or private telecommunications systems.
SAW. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to perform our obligations despite the Force Majeure Event.
23. JURISDICTION
These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the judges and courts of the user's domicile. We also remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting these General Conditions in everything else and considering such provision totally or partially as not included. Similarly, these conditions are subject to any other provision, regulation or law that is directly or indirectly applicable.
