0. PRE-CONTRACT INFORMATION
Below, for your reading and understanding, are set out the General Terms and Conditions of Contract (hereinafter, the “General Terms and Conditions”), which will be applicable to all commercial transactions of distance purchase and sale of the articles and/or articles and/or products carried out electronically through the Website https://www.jardinvertical.es (hereinafter, the Website), from the moment the WEBSITE OWNER sends the CLIENT the General Terms and Conditions in the order confirmation document, and not at any other previous time.
These General Terms and Conditions will remain in force and 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 WEBSITE OWNER reserves the right to modify, in whole or in part, at any time, both the General Conditions, as well as all legal notices, guidelines and/or regulations of use contained on the Website and which, as the case may be, will replace, complete and/or modify the General Conditions contained herein, without this affecting the items and/or articles and/or products that were acquired prior to the modification.
These modifications may be made through the Website, by any legally permissible means, and will be binding for as long as they are published on the website and until they are validly modified by subsequent changes.
The website owner informs the customer that they can access the General Terms and Conditions by clicking on the link “General Terms and Conditions of Contract”. We recommend that the customer consult the General Terms and Conditions periodically, as they may be modified. The current version of these terms and conditions can be viewed at any time at https://www.jardinvertical.es/condiciones-generales-contratacion
However, THE WEBSITE OWNER reserves the right to apply, in certain cases, Specific Conditions in preference to these General Conditions when it deems it appropriate, announcing them in a timely and appropriate manner.
In case of contradiction between the terms and conditions expressed in these General Conditions and the Special Conditions, the conditions agreed in the latter 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 said specific conditions.
Acceptance of this contractual document implies that the CLIENT:
a. He/She has read, understands and comprehends what is stated here.
b. That he/she is a natural person or represents a legal person with sufficient capacity to contract.
c. That assumes all the conditions and obligations set forth herein.
1. PARTIES INVOLVED AND IDENTITY OF THE PARTIES
On the one hand,
The owner of this website is Unicesped, SL, NIF: B92918564, with registered office at Calle Algatocín 1 – 29004 Málaga (Spain), telephone (+34) 664 07 49 90 and email address hola@jardinvertical.es
And on the other hand,
The CLIENT, registered on the Website using a username and password, or as a guest user without needing to be registered, is fully responsible for the use and safekeeping of these credentials, and is responsible for the accuracy of the personal data provided to the WEBSITE OWNER.
Only the natural or legal person who duly proves their status and accepts these General Conditions and the Special Conditions that, where applicable, and which, together with the Legal Notice, the Privacy Policy and the Cookies Policy, govern our commercial relationship, will be considered a CLIENT, from the moment the WEBSITE OWNER sends the General Conditions in the order confirmation document, and not at any other previous time.
If you do not agree with any part of the terms, you will not be able to purchase any of the 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 out in these General Terms and Conditions of Contract is expressly prohibited.
Orders placed through the Website by a minor who falsifies information will be understood to be made under the supervision and authorization of their parents, guardians or legal representatives.
2. SUBJECT OF THE CONTRACT
These General Conditions will regulate the commercial relationship that arises between THE WEBSITE OWNER and the CLIENT for the purchase of items and/or articles and/or products made on the Website.
Taking the above into account, the CLIENT will only be subject to the General Conditions from the moment he/she receives from the WEBSITE OWNER all the conditions of the purchase in the order confirmation document.
The contract involves the delivery, after payment of a price that is determined and publicly displayed through the Website, of a specific item and/or product.
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the CLIENT and the WEBSITE OWNER in relation to the subject matter of the purchase and sale and supersede any other prior agreement, understanding or promise made orally or in writing by the same parties.
The CLIENT and the WEBSITE OWNER acknowledge that they have entered into a contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms and Conditions.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
Access to the Website is free of charge, 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 Website's content is completely free and does not require prior registration, although THE WEBSITE OWNER conditions the use of some of the services offered on its website to the prior completion of the corresponding form, and where applicable, may involve the payment of economic amounts.
Access to the Website by persons under 18 years of age is prohibited. However, if a minor accesses the Website, it will be presumed that such access has been carried out with the prior and express authorization of their parents, guardians, or legal representatives, without prejudice to the fact that THE WEBSITE OWNER reserves the right to carry out any verifications and checks it deems appropriate.
Under no circumstances will the WEBSITE OWNER be responsible for the veracity of the data provided by the user, so each user will be solely responsible for ensuring that the information provided to the WEBSITE OWNER is adequate, accurate and precise or, otherwise, for the possible consequences that may arise from the lack of quality of the data or from the false or inaccurate statements made.
3.1. Requirements to obtain registered user status
In order to carry out the purchase of the items and/or articles and/or products made available to users by THE WEBSITE OWNER, it is necessary that they register beforehand, providing at least the registration data required as mandatory through the forms provided for this purpose.
To register as a user, you must be over eighteen (18) years of age and provide all the required information through the website. Registered users acknowledge that their user account is personal and non-transferable, and both individuals and legal entities may register on the website.
Every registered user will have an access password, which will be personal, non-transferable, and have a limited validity period. This password must meet minimum length and security requirements. The user may modify or recover this password at any time by following the procedure provided on the Website. Under no circumstances will the Website Owner have direct access to this password except for providing the Website access service to users.
Therefore, it is the user's obligation to immediately notify the WEBSITE OWNER of any event that could lead to the misuse of usernames and/or passwords, such as theft, loss, or unauthorized access, so that they can be immediately canceled. Until such events are reported, the WEBSITE OWNER will be exempt from any liability that may arise from the misuse of usernames or passwords by unauthorized third parties.
3.2. Cancellation as a registered user
The user may, at any time, request to unsubscribe from the website, simply by processing it through the section enabled for this purpose in the "My account - Unsubscribe" section available on the Website.
In any case, once the cancellation has been carried out, the user may request a new registration, without prejudice to the right of the WEBSITE OWNER to not 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 arising between the parties, which is to be resolved or which has ended with recognition of fault or negligence of the user and/or damage to the WEBSITE OWNER, its collaborators and associates or its users, clients or potential clients.
3.3. Requirements to obtain guest user status
The purchase of items and/or articles and/or products made available to consumers by THE WEBSITE OWNER can also be made as a guest user without the need for registration.
Individuals over eighteen (18) years of age and legally constituted legal entities with sufficient capacity to contract, who provide through the website all the information required as mandatory, regarding identification data, delivery address, billing data and chosen payment method, may act as guest users.
4. DESCRIPTION OF THE ARTICLES AND/OR PRODUCTS
In compliance with current regulations and, in particular, Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, THE WEBSITE OWNER offers in each of the sections of the Website, according to the type of article 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 garden models
- Colored artificial grass, and its accessories such as elastic bases and other accessories
- Decorative wall panels
The articles and/or products offered, as well as others that may be offered through the Website in the future, will be delivered in exchange for the corresponding remuneration to be paid by the CLIENT, and will grant the CLIENT a right of use over them, subject to the terms, conditions and conditions of these general conditions and the specific conditions that may be established.
However, THE WEBSITE OWNER reserves the right to remove, replace or change the items and/or articles and/or products offered through the Website, by simply changing the content of the same.
Therefore, the items and/or products offered on the Website at any given time will be governed by the General Terms and Conditions in force at that time. Likewise, the Website Owner reserves the right to discontinue offering access to the aforementioned items and/or products at any time without prior notice.
The descriptions, which are established in each case, will regulate the provision by the WEBSITE OWNER of the articles and/or items and/or products offered to the CLIENT.
4.1. Availability of the items and/or articles and/or products
The availability of items and/or products offered by the Website Owner through the Website may vary depending on customer demand. Although the Website Owner updates stock regularly, the item and/or product requested by the customer may be out of stock at that time. In such a case, the Website Owner will contact the user by email or telephone to resolve the issue with their order, offering a similar alternative item and/or product, the option to wait until the selected item and/or product becomes available again, or to cancel the order.
4.2. Price indication and validity
The prices of the items and/or articles and/or products are always shown in Euro currency (€) and include the corresponding Value Added Tax (VAT) or other taxes that may be applicable and which will be those 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 related to the purchased item and/or product.
Shipping costs for the items and/or products are the responsibility of the CUSTOMER and will be added to the total price of the selected items and/or products. You will be informed of these costs before confirming your order and finalizing the purchase.
The prices shown on the Website apply exclusively to the items and/or articles and/or products offered through said Website and for the time they remain published and applied automatically by the contracting process in the last phase thereof.
The website owner expressly reserves the right to modify prices at any time without prior notice. However, in any case, the rates in effect at the time the corresponding order is placed will apply.
All payments made to the WEBSITE OWNER will result in the issuance of an invoice in the CLIENT's name. This invoice will be automatically sent to the email address provided by the CLIENT.
By accepting these General Conditions, the CLIENT authorizes and gives their express consent to the WEBSITE OWNER to issue and send the purchase invoice for the order to their email address in electronic .pdf format, except in the case that the CLIENT does not authorize 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 by phone at (+34) 664 07 49 90 or send an email to hola@jardinvertical.es and request the purchase invoice for your order in paper format, which will be sent by the WEBSITE OWNER by regular mail to the address indicated by the CUSTOMER.
For any information regarding the order, the CUSTOMER must contact the WEBSITE OWNER by phone at (+34) 664 07 49 90 or by email hola@jardinvertical.es In all cases, the order number assigned and indicated in the purchase confirmation email must be indicated in the subject of the message or in the call made.
5. USER REGISTRATION AND PURCHASE PROCESS
All order processing, contract completion, and subsequent communications with the customer will be conducted in Spanish.
If it can be carried out in another language, this will be indicated before starting the contracting procedure.
To access the items and/or products offered by the WEBSITE OWNER, the CUSTOMER must register through the website by creating a CUSTOMER account. To do so, the CUSTOMER must freely and voluntarily provide the personal data requested in the "New User" form and then click the "Register" button.
The CLIENT will select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to inform the WEBSITE OWNER of their loss or theft or of possible access by an unauthorized third party, so that the latter may proceed to the immediate blocking, the CLIENT being solely responsible for the damages that he may suffer, or that he may cause, due to an improper use of his keys due to poor custody or use of them by him.
The CLIENT is responsible for treating the identity and password obtained during registration as a CLIENT confidentially and responsibly, and may not transfer them to another party.
The CLIENT may not choose as a CLIENT name words that are intended to confuse others by identifying the CLIENT as a member of the WEBSITE OWNER, as well as offensive, insulting expressions and, in general, expressions contrary to the law or the requirements of morality and good customs.
The CLIENT may also access the items and/or products offered by the WEBSITE OWNER as a guest user, without needing to register. To do so, the CLIENT must freely and voluntarily provide the personal data requested in the order form.
In any case, the WEBSITE OWNER's contracting platform will inform the CLIENT, once the contracting procedure is completed, via email, regarding all the characteristics, price, transport methods, contracting date and delivery time of the item and/or product purchased.
Once the CLIENT account has been created, please note that, in accordance with the requirements of Article 27 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the contracting procedure will follow these steps:
1. The CLIENT, whether a registered user or a guest user without registration, in order to proceed with the purchase of items and/or products, must select the product(s) they wish to acquire and add them to their “Shopping Cart”, by clicking on the “Add to my cart” button.
2. The CUSTOMER will be able to verify that the product(s) have been correctly added to their “Shopping Cart” which should show the number of items and/or products selected.
3. The CUSTOMER will see a detailed summary of the items and/or products in their “Shopping Cart”, which includes:
- Image of the article and/or product
- Article and/or product description
- Availability of the item and/or product
- Unit price
- Amount
- Total items 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 completed with their billing information and full delivery address. Once completed, click the SAVE button.
5. If the delivery address for the goods is different from 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 information matches the shipping 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 be sure to update your information if it has changed.
7. Before proceeding with the order, the CLIENT must carefully read these general conditions and the basic data protection information made available to him/her, accepting them in full by ticking the following check box:
□ I agree with the basic data protection information made available to me and with the General Terms and Conditions of Contract, accepting both without reservation.
8. As a payment system for their order, the CLIENT will use one of the payment methods established by THE WEBSITE OWNER on the website.
9. The order will be processed once the CUSTOMER clicks on the “Place order with obligation to pay” button located at the bottom of the page.
10. Once the purchase is made, the CUSTOMER will receive a purchase confirmation, a “Purchase Receipt,” at the email address provided. This receipt will serve as proof of the transaction and can be printed. The order confirmation and the Purchase Receipt are not valid as an invoice.
11. To check the status of your pending orders, you must log in to "My Account". After logging in (login page), you will be able to access your orders page, where they are sorted by order date and show the order status.
Communications, purchase orders, and payments made during transactions on the Website may be archived and stored in the WEBSITE OWNER's computerized records to serve as proof of the transactions, always respecting reasonable security measures and applicable laws and regulations, and particularly in accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION – GDPR EU 2016/679) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). 3/2018), and the rights that Users have under the privacy policy of this Website.
6. TECHNICAL MEANS TO CORRECT ERRORS
The CLIENT is informed that if they have provided incorrect data when formalizing their order request on the Website, they can modify it by contacting the WEBSITE OWNER through the contact form on the Website, by sending an email to hola@jardinvertical.es, by contacting CUSTOMER SERVICE by phone at (+34) 664 07 49 90 or through the personal space “My account”.
Errors and their corresponding modifications regarding the shipping address of an order must be reported before the order leaves the WEBSITE OWNER'S warehouse. Once the order has been picked up by the shipping company, any request to modify the shipping address may incur additional costs charged to the customer.
7. PAYMENT METHODS
To proceed with payment, the CUSTOMER must follow each and every instruction displayed on the Website. Payment for the price of the items and/or products may only be made using the payment methods 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 can place their order at their discretion:
– PayPal: The CUSTOMER can pay for their shopping cart using the PayPal payment gateway. If they choose this option, they can also use their credit or debit card as a payment method.
– Stripe: The CUSTOMER can pay the amount of their shopping cart using a bank credit or debit card through the Stripe payment platform.
– Bank transfer: The CUSTOMER may choose to pay for the order by bank transfer. To do so, they must click on the "payment by bank transfer" link on the website and follow the instructions provided in the email they receive.
– Aplazame: The CUSTOMER can choose at the time of making the payment for their purchase to request the Aplazame payment solution for study and approval, which allows them to divide the amount of their purchase into several installments in a simple and secure way.
In the case of payment by credit and/or debit card, the payment will be subject to verification and authorization by the issuing entities. If the entity does not authorize the payment, the purchase process cannot continue, the order will be automatically canceled, and the sale of the requested product will be considered not to have taken place. The price of the item and/or product, as well as any applicable taxes, will be displayed at the time the order is placed.
With the aim of reinforcing the security and protection of online purchases, THE WEBSITE OWNER 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 the operations, forcing the authentication of each of the purchases made through the website in the cases required by the security regulations in payment means (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 allows the WEBSITE OWNER to process payments without needing to store payment card details.
Under no circumstances will the WEBSITE OWNER store the data provided by CUSTOMERS through the payment gateway on their own computer systems, and it will only be kept while the purchase is being made, the payment is being made and until the withdrawal period has expired.
The CUSTOMER'S purchase may be delayed for fraud prevention verification. It may also be suspended for a longer period for a more thorough investigation to prevent fraudulent transactions.
8. VALUE ADDED TAX
In accordance with Article 68 of Law 37/1992 of 28 December, on Value Added Tax, the delivery of goods and/or products will be considered to take place within the Spanish VAT territory if the delivery address is in Spain, excluding the Canary Islands, Ceuta, and Melilla, where their respective tax rates apply. The applicable VAT rate will be the legally established rate in force at any given time, depending on the specific goods and/or product in question.
In this same sense, and in accordance with COUNCIL DIRECTIVE (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain obligations in respect of value added tax for the supply of services and distance sales of goods, purchase orders will be deemed to be located, for delivery and/or provision, in the Member State of the European Union in which the address shown on the purchase order is located and, therefore, the applicable VAT will be that in force in that Member State.
For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT in accordance with Law 37/1992 and Directive (EU) 2017/2455, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The CUSTOMER should be aware that in these territories, customs duties and taxes may be levied and payable upon arrival, in accordance with current regulations, and that these may be the customer's responsibility.
For all other locations where purchase orders are placed, the regulations in force at the time of delivery and/or service provision will apply. The CLIENT should be aware that this could result in the application and accrual of taxes and customs duties at the destination, in accordance with the regulations in force there, and that these may be the CLIENT's responsibility. For further information, the CLIENT should contact the customs office at the destination.
9. ORDER PROCESSING
Once the receipt of payment for the item and/or product has been verified for the total amount indicated in the purchase process, the WEBSITE OWNER will begin processing the order.
The website owner 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 using the established payment methods, the price may be subject to change.
To this end, the CLIENT consents to the invoice being sent by the WEBSITE OWNER 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.
It is also recommended that the CUSTOMER print and/or save a copy on a durable medium of the terms and conditions of sale when placing their order, as well as the receipt sent by THE WEBSITE OWNER by email.
The website owner will deliver the items and/or products in the manner in which they appear on the website.
The merchandise travels to its destination fully insured by the WEBSITE OWNER, with the cost of said insurance included in the price corresponding to the handling and shipping section.
In case of any incident detected in the delivery of the merchandise, the CLIENT must contact us through the contact form, and indicate in the message all aspects related to the incident of the delivery of the merchandise.
10. SHIPPING CONDITIONS FOR THE ARTICLES AND/OR PRODUCTS
The items and/or products whose purchase has been made through the Website will be sent, suitably protected, to the postal address indicated in the order form by the transport agencies CBL, Schenker (Canary Islands) and Correos Express, contracted for this purpose by the WEBSITE OWNER, and the same may not correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar places.
The delivery time for items and/or products will depend on the shipping destination, and in any case, it begins counting from the moment the website owner receives payment for the order. However, the website owner will not be held liable for any failure to meet these dates if it is due to causes beyond their control.
For artificial grass purchases, please note that the delivery company will deliver the product to the street level. Due to the size of the product, damage such as scratches or scrapes to walls, doors, or elevators may occur during delivery, for which the company is not responsible.
In the event of non-performance of the contract by the WEBSITE OWNER due to the unavailability of the purchased item, the CLIENT will be informed of this lack of availability by email and the WEBSITE OWNER will, without undue delay, refund the sums paid by the CLIENT under the contract.
10.1. Order delivery times
Orders for items and/or products placed by the CUSTOMER through the Website can currently be sent to residents in any town in the Spanish Peninsular Territory, Balearic Islands, Canary Islands, autonomous cities of Ceuta and Melilla, Portugal and France.
Pursuant to Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on measures to prevent unjustified geo-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 shall have the right to free access to any online store regardless of the European country in which they reside, as it is prohibited to block access to an e-commerce page.
Once payment for the order has been confirmed, if the requested items and/or products are available, the orders will be shipped from the WEBSITE OWNER's warehouse to the delivery address indicated by the CUSTOMER.
Delivery times for orders will depend on the physical location of the CUSTOMER or, where applicable, the different recipients if there are any, as well as the time the order is placed (official Spanish peninsular time).
For orders of items and/or products of any kind offered on the Website received before 4:00 PM the previous day, delivery of the orders, once payment has been confirmed and the order prepared for shipment, will be made to the address freely designated by the CUSTOMER within the following estimated delivery time:
| Delivery area | Estimated delivery time* |
| Spanish Peninsular Territory | 2 to 5 business days after the payment confirmation date. |
| Balearic Islands | 4 to 7 business days after the payment confirmation date. |
| Canary Islands | 4 to 7 business days after the payment confirmation date. |
| Ceuta and Melilla | 4 to 7 business days after the payment confirmation date. |
| Portugal | 2 to 5 business days after the payment confirmation date. |
| France | 4 to 7 business days after the payment confirmation date. |
In the event of a delay in the shipment of the goods and therefore our commitment to deliver the order within the estimated delivery time cannot be met, THE WEBSITE OWNER will contact the CUSTOMER by email or telephone call to resolve the issue with their order, proposing a similar alternative product, waiting until the selected product is ready for shipment, or proceeding to cancel the order.
As a general rule, and unless there are circumstances arising from the personalization of the items 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 WEBSITE OWNER informs, in order for CUSTOMERS to 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 items and/or products offered in the online store may be subject to possible restrictions in delivery times and schedules.
Therefore, the WEBSITE OWNER offers customers, in case it is impossible to make deliveries or if they may be delayed beyond the established deadline, the option of sending the orders once the current situation has passed, or of cancelling the order, making the refund of the amount paid as quickly as possible.
10.2.1. Hygiene measures for order preparation during the COVID-19 health crisis.
Due to the COVID-19 health crisis, the WEBSITE OWNER has adapted the following hygiene measures in the preparation of packaging for orders placed through the Website:
- Periodic disinfection of tables or counters for preparing orders.
- Disinfection of the packaging before delivery to the transport agency.
- Use of disposable gloves and washing hands 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 upon receiving the order, such as noting personal data.
- Delivering the order to the door of the home, respecting the safety distance until it is collected by the recipient.
- Delivery drivers will not share the elevator with anyone to comply with social distancing guidelines.
10.3. Shipping costs for items and/or products
Shipping costs for orders, including applicable taxes, will be displayed during the purchase process for items and/or products before the order is finalized.
| Delivery area | Shipping costs |
| Spanish Peninsular Territory | 11,90 € |
| Portuguese Peninsular Territory | 14,90 € |
| France | 24,90 € |
For orders of €150 or more made by residents of Peninsular Spain, shipping costs will be FREE regardless of the weight of the order and the delivery location.
Orders for vertical garden products can only be placed through the website for delivery to mainland Portugal. Shipping is FREE for orders of €249 or more. For all other products, shipping costs are quoted by the transport agency and will be the responsibility of the customer. This can be arranged by emailing hola@jardinvertical.es or calling our customer service line.
Orders for vertical garden products can only be placed through the website for delivery to France. Shipping is FREE for orders of €299 or more. For all other products, shipping costs are calculated by the transport agency and are the responsibility of the customer. This can be arranged by emailing hola@jardinvertical.es or calling our customer service line.
10.4. Impossibility of delivery
If it proves impossible to deliver your order, the Website's customer service will contact the CUSTOMER to arrange a new delivery date if they will not be at the delivery address at the agreed time.
If, after 15 days from the date your order is available for delivery, it has not been delivered due to reasons beyond the control of the WEBSITE OWNER, we will assume that you wish to withdraw from the contract and will consider it terminated. As a consequence of the contract termination, we will refund all payments received from you, excluding shipping costs, without undue delay and, in any event, within a maximum of 14 days from the date on which we consider the contract terminated. Please note that any additional shipping costs resulting from the termination or any additional expenses incurred if you choose a delivery method other than our least expensive standard delivery option may apply, and we will be authorized to charge you for these costs.
If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option of proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid.
For the purposes of these Terms and Conditions, "delivery" or "delivered" shall be understood to have occurred when you or a third party indicated by you acquires physical possession of the items and/or products, which will be evidenced by the signature of receipt of the order at the agreed delivery address.
The website owner assumes no responsibility when the delivery of the order is not made as a result of the data provided by the customer being false, inaccurate or incomplete, and assumes no other responsibility related to the non-delivery of the order.
Notwithstanding the foregoing, THE WEBSITE OWNER shall take the measures required of a diligent merchant to ensure that 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 of departure from our warehouse, they can contact us by phone at (+34) 664 07 49 90 or by email hola@jardinvertical.es
The WEBSITE OWNER will do everything possible to meet the stated delivery deadline and if they become aware that for any reason it will not be possible to meet it, they will inform the CLIENT via email or telephone.
The WEBSITE OWNER will inform the CLIENT of the unavailability of the item and/or product as soon as he/she has been informed by the supplier of the same, or of the impossibility of supplying the requested product.
The CLIENT may decide whether to cancel the order request or, if applicable, request a quote for 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. If the WEBSITE OWNER believes that a customer has intentionally circumvented the measures established to restrict such use, the WEBSITE OWNER may adjust that customer's subsequent order accordingly.
When using 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 contact the WEBSITE OWNER immediately if they detect any errors or if the promotional code is not applied correctly to the purchase made.
The types of offers and promotions offered by THE WEBSITE OWNER may vary depending on their own needs, indicating in each of the promotional codes made available to CUSTOMERS which purchase of items and/or articles and/or products it can be applied to, the advantages thereof and their expiry dates.
The offer is subject to valid registration and acceptance of the website's standard terms and conditions.
The promotional code is non-transferable and cannot be sold or exchanged. Only one promotional code can be used per customer, and it applies exclusively to purchases of items and/or products made through the online store. Use of any promotional code constitutes acceptance of these terms and conditions.
11. CANCELLATION OF ORDERS
11.1. Information on exercising the legal right of withdrawal
When the CUSTOMER is a consumer and the contract is concluded without the simultaneous physical presence of the CUSTOMER and the WEBSITE OWNER (distance selling), the CUSTOMER will enjoy the right of withdrawal described in this section.
The CUSTOMER has the recognized right to withdraw from the purchase made through the Website and therefore, if not satisfied, and provided that the nature of the product purchased allows it, he may return it within a maximum period of fourteen (14) calendar days from the date of delivery of the order to the address indicated and without need of justification.
The deadline for exercising this right is 14 calendar days from the receipt of the product by the CLIENT or from the conclusion of the contract if it is a provision of services, without penalties for exercising it.
To exercise the right of withdrawal, the CUSTOMER must notify their decision to withdraw from the contract by means of a statement made in any legally permissible form. The standard withdrawal form model below may be used, although its use is not obligatory.
11.2. Model of legal withdrawal form
1. Website Owner Details
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 am withdrawing from the purchase/sale contract for the following item and/or product ___ acquired on ___
4. Consumer name
5. Consumer address
6. Signature
7. Date
To exercise the right of withdrawal, the CUSTOMER must notify the WEBSITE OWNER of their decision to withdraw from the purchase contract by sending a written communication to the postal address Calle Algatocín 1 – 29004 Málaga (Spain) or by email to hola@jardinvertical.es. If you choose this option, we will promptly acknowledge receipt of your withdrawal via email.
11.3. Consequences of the legal right of withdrawal
In the event of withdrawal, THE WEBSITE OWNER will refund the consumer the price of the item and/or product within fourteen (14) calendar days from the date on which it has been informed of the consumer's decision to withdraw from the contract, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any expenses as a result of the refund.
The refund of the purchase amount will be made through the same payment method used to purchase the item and/or product by the CUSTOMER.
The WEBSITE OWNER may withhold the refund to the consumer of the total purchase amount until the items and/or products have been received, or until the CUSTOMER has reliably presented a reliable and verified proof of their return, whichever 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 its good condition and functioning.
In any case, for the purposes of exercising the right of withdrawal, it is not a requirement that the items and/or products be returned in their original packaging.
The CLIENT will be responsible for any diminished value of the goods resulting from handling other than that necessary to establish their nature, characteristics or functioning.
In any case, to exercise the right of withdrawal, it is essential that the items and/or products are in perfect working order. Before returning the product, the CUSTOMER must ensure that it is properly protected to prevent any damage during transport.
The CUSTOMER is informed that when exercising the right of withdrawal, the shipping costs for the return of the purchased items and/or products (return costs) from their home to the WEBSITE OWNER's warehouse will always be borne by the CUSTOMER.
To meet the withdrawal deadline, it is sufficient for the communication relating to your exercise of this right to be sent, in the form and substance described, before the corresponding deadline expires.
11.4. Exceptions to the legal right of withdrawal
The right of withdrawal does not apply to those items and/or products where, due to the very nature of the items and/or products being purchased, it is impossible to exercise this right, without prejudice to the corresponding claim for damages suffered, including, specifically, but not exclusively:
(i) Articles and/or products sealed for hygiene or health reasons that have been unsealed and/or used after delivery.
(ii) Articles and/or products made to the consumer's specifications or clearly personalized, or which, by their nature, cannot be returned or may deteriorate. This includes cut turf (less than 50 m2) as it will have been cut according to the measurements provided by the CUSTOMER.
(ii) Articles and/or products made to order.
The CLIENT's right of withdrawal is extinguished early if the WEBSITE OWNER, with the CLIENT's express consent or at the CLIENT's initiative, has already fully executed the provision of the contracted service before the expiration of the withdrawal period.
Thus, the CLIENT does not have the right of withdrawal if the WEBSITE OWNER supplies him with articles and/or products manufactured according to the CLIENT's specifications, which are clearly designed according to his needs, which have been unsealed and/or used after delivery or if the CLIENT himself has ordered the provision of a service before the expiry of the withdrawal period.
12. WARRANTIES APPLICABLE TO THE ARTICLES AND/OR PRODUCTS
When the item and/or product acquired by the CLIENT on the Website presents a lack of conformity because it does not correspond to the characteristics offered, presents defects that prevent its normal use according to its nature, or does not offer the performance described for it, the CLIENT will have the right to remedy the acquired good 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 defects, provided that the instructions for use are followed.
The warranty does not apply 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.
- alteration, manipulation, modification, improper or unauthorized repair.
In any case, the CLIENT must contact the WEBSITE OWNER within a maximum period of two months from the discovery of the defect, informing them of the nature of the problem, the time and conditions of its appearance.
Likewise, the CLIENT has the right to redress for defects in the goods in accordance with the provisions of Article 118 et seq. of the Consolidated Text of the General Law for the Defense of Consumers and Users. In any case, the regulations on warranties for the sale of consumer goods established by applicable legislation will apply.
To find out what steps to take if you have a problem with an item and/or product, or to request complaint forms, you can contact our CUSTOMER SERVICE AND AFTER-SALES DEPARTMENT directly by phone at (+34) 664 07 49 90 or by email hola@jardinvertical.es
13. ADDITIONAL COMMERCIAL PRODUCT WARRANTY
The WEBSITE OWNER voluntarily offers additional value to the product. The warranty takes effect from the moment the CUSTOMER receives the goods.
The WEBSITE OWNER undertakes to repair and/or replace the product, a price reduction or termination of the contract during the product warranty years, provided that 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 resulting from improper handling or misuse of the turf, as well as incorrect installation or incompatibility with other products.
14. RETURN OR REPLACEMENT OF DEFECTIVE ITEMS AND/OR PRODUCTS
The CUSTOMER has the possibility of making returns of items and/or products received in poor condition, whether due to damage or factory defects, (provided that such defects were not due to handling or improper use by the CUSTOMER), or that have been damaged in transport.
In cases where the CUSTOMER considers that at the time of delivery the item and/or product does not conform to what is stipulated in the contract, or if they detect any damage to the package upon receiving their order, please make this known to the carrier.
If upon opening and inspecting the package you find any issues, such as a product defect or incorrect shipment, you will have 48 hours to notify us via email hola@jardinvertical.es or through the website's contact form, providing the product details and confirming the defect/damage by sending photographs that verify that the item is indeed damaged or deteriorated.
The expenses incurred in transporting the product back will be borne by the CUSTOMER, except when it is a factory defect of the item and/or product.
Once the original merchandise has been received, its condition will be checked and THE WEBSITE OWNER will inform the CUSTOMER by email whether they are entitled to an exchange for a new item and/or product or a refund.
However, we may withhold the refund until we have received the goods, or until the CUSTOMER has provided proof of return of the items and/or products, whichever occurs first.
The WEBSITE OWNER only accepts returns of items and/or products purchased on the Website that are unopened, have not been tampered with, or are defective, within a maximum period of 14 days from the date of delivery of the merchandise.
It is not a requirement that the items and/or products be returned in their original packaging. The website owner informs the customer that if the items and/or products are not returned in their original packaging, the goods may be subject to depreciation.
If any of the above conditions are missing or not met, THE WEBSITE OWNER will not refund the purchase amount, as it will not be proven that the commercial transaction has been carried out correctly.
If, on the other hand, once the merchandise has been received and the WEBSITE OWNER has examined it and accepted the return, the CUSTOMER will be notified by email, and the amounts paid by the CUSTOMER will be refunded through the same payment method used for the purchase within 7 business days.
To find out the procedures to follow for returning an item and/or product damaged during shipping, incorrect or defective, you can contact our CUSTOMER SERVICE AND AFTER-SALES SERVICE directly by phone at (+34) 664 07 49 90 or by email hola@jardinvertical.es
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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION – GDPR EU 2016/679) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD 3/2018), THE WEBSITE OWNER informs CLIENTS AND/OR USERS of the Website that all personal data provided by completing the electronic contact or registration forms on the Website, or by sending emails to the various email accounts under the internet domain jardinvertical.es, form part of from the Register of Processing Activities (RPA) of the WEBSITE OWNER , which will be updated periodically in accordance with the provisions of the GDPR EU 2016/679, for use by the different departments of the company in order to provide the client and/or user with our services, process them (management, collection and shipment of the items and/or products purchased), send the newsletter about the offers, promotions and recommendations of the WEBSITE OWNER, as well as send commercial communications about our items and/or products by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or by other equivalent electronic means of communication, provided that the interested party has consented to the processing of their personal data for this purpose.
The legal basis for processing your personal data is the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into a contract, or with your explicit consent. We will retain your personal data as long as there is a mutual interest in doing so, from the moment you give us your consent until you withdraw it or request the restriction of processing. In such cases, we will keep your data blocked for the legally required periods. The data will not be disclosed to third parties, except where required by law.
By entering their data into the electronic forms on the Website, the CLIENT gives their explicit and unequivocal consent to the WEBSITE OWNER to process the personal data provided, in compliance with the purposes mentioned in the previous section.
Such data will not be transferred by the WEBSITE OWNER to third parties without the CLIENT's explicit and unequivocal consent. This is without prejudice to the WEBSITE OWNER's duty to cooperate with the competent administrative and judicial bodies that may require data from the affected CLIENT.
Likewise, THE WEBSITE OWNER informs the CLIENT of the possibility of exercising the rights of access to personal data, rectification, erasure (right to be forgotten), limitation of processing, data portability, objection to processing, no longer being subject to automated individual decisions and, when the processing 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, attaching, in both cases, a legally valid proof of identity, such as a photocopy of the ID card/NIE/Passport, and clearly indicating the right they wish to exercise.
If you believe that the processing of your data does not comply with current regulations or that your rights have been violated, you may also file a complaint with the Spanish Data Protection Agency at https://www.aepd.es. You can consult our Privacy Policy at https://www.jardinvertical.es/politica-de-privacidad
16. LIABILITY AND EXEMPTION FROM LIABILITY
The website owner cannot guarantee the continuous technical operation of the website's online store, the absence of service failures or interruptions, or that the website will be available or accessible 100% of the time. The website is hosted on a secure server with the necessary SSL security certificate; these are the tools the website owner uses to control for the absence of viruses, worms, or any other harmful computer elements.
Under no circumstances will the unavailability of the Website, or the existence of failures in it, entitle the CLIENT or third parties to claim any type of remuneration or compensatory benefit for any reason.
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 WEBSITE OWNER or, where applicable, the owner has a license or express authorization from the authors.
All content on the Website is duly protected by intellectual and industrial property regulations, and is registered in the corresponding public registries.
Total or partial reproduction, use, exploitation, distribution and commercialization, requires in all cases the prior written authorization of the WEBSITE OWNER.
Any use not previously authorized by the WEBSITE OWNER will be considered a serious infringement of the author's intellectual or industrial property rights.
Designs, logos, text and/or graphics not belonging to the WEBSITE OWNER and that may appear on the Website belong to their respective owners, who are responsible for any possible controversy that may arise regarding them.
The WEBSITE OWNER acknowledges the corresponding industrial and intellectual property rights of their owners, and their mere mention or appearance on the Website does not imply the existence of any rights or responsibility on the part of the WEBSITE OWNER regarding them, nor any endorsement, sponsorship or recommendation by the same.
18. LINKS
The establishment of a hyperlink does not imply in any case the existence of relationships between THE WEBSITE OWNER and the owner of the Website in which it is established, nor the acceptance and approval by THE WEBSITE OWNER of its contents or services.
Those wishing to establish a hyperlink must first request written authorization from the WEBSITE OWNER. In any case, the hyperlink may only link to the homepage of the website, and must refrain from making false, inaccurate, or misleading statements or indications about the WEBSITE OWNER, or including content that is illegal, contrary to public decency, or disruptive to public order.
The website owner is not responsible for the use that each user makes of the information made available on the website or for the actions they take based on it.
The website owner assumes no responsibility for the information contained on third-party websites that may be accessed via links from any website owned by the website owner. The presence of links on the website owner's website is for informational purposes only and in no way constitutes a suggestion, invitation, or recommendation regarding those websites.
19. COMPLETE AGREEMENT
These terms and conditions have been set forth in advance, in accordance with current legislation. Furthermore, the WEBSITE OWNER makes these General Terms and Conditions available to you so that they can be stored and reproduced, thus fulfilling the legal obligation to provide prior information.
Click here to download the General Terms and Conditions of Contract.
The website owner reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website's online store, its functionalities, and/or the content included therein. Likewise, the owner reserves the right to cease providing services at any time, while maintaining all commercial or other obligations acquired up to that point.
Should any provision or provisions of these Terms of Purchase be deemed invalid or unenforceable, in whole or in part, by any competent court, tribunal, or administrative body, such invalidity or unenforceability shall not affect the remaining provisions. In such case, the affected clause or clauses shall be replaced by another or others that have the most similar effect to those replaced.
20. CUSTOMER SERVICE AND AFTER-SALES SUPPORT
To make any kind of inquiry, suggest something, or file a complaint or claim regarding the purchase of items and/or products, you can do so by completing the contact form on the Website, via email hola@jardinvertical.es, or by calling Customer Service at (+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)
- Closed Saturdays, Sundays and public holidays
21. EVENTS OUTSIDE OUR CONTROL
We will not be liable for any failure or delay in the performance of any of the obligations assumed, when it is due to events that are outside our reasonable control ("Force Majeure Event").
Force Majeure Events shall include any act, event, failure to act, omission, or accident beyond our reasonable control, including but not limited to 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 preparations for war.
III. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.
IV. Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
V. Inability to use public or private telecommunications systems.
VI. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Our obligations will be suspended for the duration of the Force Majeure Event, and we will be granted an extension of time to perform those obligations for a period equal to the duration of the Force Majeure Event. We will use all reasonable endeavors to bring the Force Majeure Event to an end or to find a solution that allows us to perform our obligations despite the Force Majeure Event.
22. JURISDICTION
These General Terms and Conditions are governed by Spanish law. The parties agree to submit, at their option, to the jurisdiction of the courts of the user's domicile for the resolution of any disputes, expressly waiving any other jurisdiction. Furthermore, we remind you that you can access the European Union's online dispute resolution platform by following this link: https://consumer-redress.ec.europa.eu/index_es
If any clause included in these General Terms and Conditions is declared wholly or partially null or ineffective, such nullity or ineffectiveness will only affect that provision or the part thereof that is null or ineffective, with these General Terms and Conditions remaining in full force and effect in all other respects and such provision being considered wholly or partially as not included. Likewise, these terms and conditions are subject to any other provision, regulation, or law that is directly or indirectly applicable.