GENERAL TERMS AND CONDITIONS OF PURCHASE
1.- ACCEPTANCE OF GENERAL TERMS AND CONDITIONS
1.1. These general terms and conditions of purchase regulate the purchase by the consumer or user, hereinafter the "Customer", of the products sold on the website meliflor.com, hereinafter "the Seller", owner of Suministros de Jardinería y Viveros S.L..
1.2. For the purposes of that set out in these General Terms and Conditions of Purchase, it is considered that persons who use this website shall have the status of consumers, that is, individual natural persons who derive no profit from the acquisition of our products. In the event that a natural person repeatedly acquires large quantities of a product, it shall be assumed that they have the status of professional for all intents and purposes and these general terms and conditions shall not apply to them with regard to the right of withdrawal and return nor with regard to warranties. In terms of the latter, the warranty applicable to purchasers who have the status of individual shall be 6 months from the signing of the delivery note.
1.3. These General Terms and Conditions of Purchase shall apply to each and every purchase of products made by the Customer sold by Meliflor.
1.4. These General terms and conditions are formalised by way of the purchase process carried out via the website meliflor.com. They may also be formalised in writing by any other means that provides a record of the dispatch and receipt thereof, and must be returned duly signed, indicating the date and time.
1.5. The Customer acknowledges that he/she has the legal capacity to enter into contracts and obligations as well as to purchase the products offered, and hereby agrees to be bound by these General Terms and Conditions of Purchase. In the case of natural person customers, only persons over eighteen (18) years of age or emancipated minors, in both cases resident in the European Union or the United Kingdom, may purchase the products. The Customers who are legal persons should be residents of the European Union or the United Kingdom.
1.6. The different Services offered on the portal shall be governed both by the provisions of these General Terms and Conditions and, especially, by the provisions of the Particular Terms and Conditions set out for each of these services, if the case arises.
1.7. Suministros de Jardinería y Viveros S.L. accordingly reserves the right to decide at any time the Products that are contained and offered to the Users through the portal. Thus, the company may, at any time, add new products to those included in the Shop. It is understood, unless otherwise provided, that such new products shall be governed by the provisions of the General Terms and Conditions in force at that time. Suministros de Jardinería y Viveros S.L. also reserves the right to stop providing access, at any time and without prior notice, to any of the products offered in the Shop.
2.- PURCHASING PROCESS: ORDER AND ACCEPTANCE
2.1. The Customer may carry out their order via the Meliflor website without the need to register first as a user.
The Products offered will appear on the screen together with their features and price. Should the price of the products be determined by weight, either the price per kilogram or the price of the packaged product shall be shown. In the latter case, however, the final price to be included in the proof of purchase shall depend on the actual weight of the product.
2.2. The Customer can add the product he/she intends to purchase to the shopping basket, in accordance with the indications shown on the screen.
2.3. Once the purchase process is finalized through the website, Meliflor shall provide the Customer with a confirmation of the purchase made, which will include information regarding the conditions of purchase of the product ordered by the Customer and the invoice. At this moment, the Contract shall be formalised and shall imply full acceptance by the Customer of the Seller's commercial offer and of the applicable general terms and conditions of purchase.
2.4. The Customer, by making the purchase, undertakes to pay for the product.
2.5. Each purchase is subject to the Seller's product availability verification and the Customer’s payment. The Seller may decline the order in the event of unavailability of the product and/or payment by the Customer.
2.6. The product supplied by the Seller shall correspond to the descriptions and specifications provided to the Customer during the purchase process. The information for each product includes a short description, the price (taxes included), as well as indicative information on the availability of the product. The technical and safety specifications provided by the manufacturers of our products can be found on the web.
2.7. In the event of unavailability of the product ordered at the time of processing the order, the Seller shall inform the Customer and will proceed to reimburse the amount of the order.
2.8. The Customer can consult the status of his/her order through the Meliflor Website.
3. PRICE AND PAYMENT
3.1. The price of the product shall be the price in force at the time of placing the order and shall be shown in euros. The price offered to the Customer shall be broken down together with the tax and the shipping costs and shall be in euros. The total price shall be stated with a breakdown, as the case may be, of the total of applicable surcharges or discounts, the costs charged to the customer and any additional fees involved.
3.2. The amount of the shipping costs shall be paid together with the payment of the corresponding price as they shall always be on behalf of the purchaser.
3.3. The Customer may select any of the payment methods made available to him/her on the website for the payment of the Seller's products. By authorising the payment, the Customer confirms that he/she is the legitimate holder of the means of payment used.
3.4. Credit and debit cards shall be subject to verification and authorisation by the issuing institution. If the issuing institution does not authorise the payment, the order cannot be processed.
3.5. The Seller shall send, together with the product, the invoice that the Customer must keep in case of exchange or return and for the provision of the appropriate guarantees as a means of proof of the date of purchase, model and product purchased from the Seller.
3.6. Suministros de Jardinería y Viveros S.L. reserves the right to cancel and prevent the access to the Shop of those users who maintain debit or unpaid balances with the company, as well as not allowing the contracting of any order to those users who use the portal and carry out the contracting of their purchases in bad faith, or breach any of these General Terms and Conditions, and where applicable, of the existing Particular Terms and Conditions or misuse of the various offers or promotions.
3.7. For any communication of the status, incidents and/or management of the order, the Seller shall contact the user through the different channels available to it, such as telephone, chat and/or email, unless the user expressly indicates otherwise.
4. DELIVERY OF THE PRODUCT
4.1. The product shall be delivered to the Customer by the Seller, who shall manage the shipping operation on its behalf or through third parties. The customer must in any case sign the delivery note.
4.2. The product ordered shall be delivered to the Customer within the period expressly indicated for each product, it being understood that said delivery period refers to working days, which shall be counted from the date of confirmation of the order by the Seller. It shall be understood that the Customer has cancelled their order if he/she cannot be located or is not at the designated address, in which case the amounts paid for the product shall be refunded, excluding delivery and collection costs.
4.3. The risk of loss or damage to the product shall be passed on to the Customer upon delivery of the product. For this reason, the Customer must ensure upon delivery that the package has not been broken or tampered with nor that the packaging does not cover the entire surface. If this is the case, they should make mention of this in the delivery note. In the event of doubt, the Customer must check the full contents of the goods in front of the carrier, or indicate the legend "To be checked" next to the signature on the document certifying receipt of the shipment.
Both our carriers and the transport agencies shall deliver the contracted goods to the entrance of the residence or premises indicated by the Customer.
Should the goods be deposited inside, this shall be done as a matter of courtesy of the courier and at the risk of the customer. Therefore, Suministros de Jardinería y Viveros shall be released from any claim for damages or injuries that may arise in the unloading process.
4.4. Any incident with the receipt or non-receipt of the product should be communicated to Meliflor in writing as soon as possible at the email address email@example.com.
The customer shall be obliged to notify any breakage or damage to the products caused by transport within 24 hours of receipt. Claims for transport damage must be sent to the following email address: firstname.lastname@example.org, accompanied by images or evidence of the poor condition or breakage of the products due to transport.
Together with the goods, the customer must check the delivery documentation, notifying Suministros de Jardinería y Viveros S.L. of any error or discrepancy between the delivery note and the goods received. The deadline for lodging this claim is 24 working hours after delivery. Once this period has expired, no claim may be lodged.
5.1. In the case of goods, a legal warranty of three years from the time of delivery is established.
In particular, a product shall not be compliant if it does not fit the description, type of product, quantity and quality, or if it possesses a functionality or compatibility other than that announced or stated on the label. Furthermore, it shall not be compliant if it is not suitable for the specified purpose of the product according to its data sheet.
The lack of expertise or knowledge on the part of the Customer shall not, under any circumstances, imply the non-conformity of the product for the purposes of that set out in these general terms and conditions.
5.2. Should the Product not comply with the Contract, the Customer may choose, free of charge, to have it replaced or to receive a proportional reduction in the purchase price. Potential imperfections resulting from the transport by the shipping agency shall not be considered defects in the product.
5.3. The Seller shall proceed to replace the product if the aforementioned criteria are met, provided that:
- The Customer informs the Seller in writing of the lack of conformity, within 7 days from the date of knowledge thereof.
- It is accredited that such lack of conformity is caused by origin and does not come from the irregular use or manipulation of the product.
- Due to the nature of the goods sold via Meliflor, the Customer should prove that they have made correct and appropriate use of the products acquired via our website and provide samples, photographs, videos etc. that demonstrate the alleged lack of conformity, as well as the original packaging with the Batch number visible.
- The replacement suspends the warranty period of three years from the date the Customer exercises the option until the delivery of the new product.
- During the year subsequent to the delivery of the now compliant product, the seller shall be responsible for the defects that caused it to be brought into conformity, assuming it is the same defect occurring when faults of the same origin as those initially exhibited are reproduced.
5.4. In order for the Customer to be eligible for the warranty:
- The Customer must get in touch with email@example.com.
- The support team shall send the Customer a form that they must return filled out, attaching the evidence asserted in order to prove the lack of conformity of the product.
- In the event that there are unopened products whose conformity has been called into question, the support team shall reply to your email with a shipping label that must be visible on the outside of the box.
- The return must then be sent, with carriage paid by the Customer, within one week of notification of the non-conformity of the product to the Seller, attaching the RMA label, which shall be provided by the support team after analysing the form and evidence attached.
5.5. Suministros de Jardinería y Viveros S. L., after verifying with the manufacturer that a manufacturing defect is present, shall handle the replacement of the product, either with another with the same or similar characteristics and value, or the reimbursement of the price if this is not possible.
5.6. The Customer shall be responsible for the decrease in value of the products resulting from any handling of these other than that necessary to establish the nature, features and operation of the goods. This handling may be a cause for the exclusion of the warranty.
6. LIABILITIES: SELLER LIMITATIONS AND EXEMPTIONS
6.1. Unless otherwise expressly provided for in these General Terms and Conditions of Purchase, the Seller's liability in relation to any offer for sale covers the full compliance of its products with the technical regulations, their legality and conformity of labelling, the conditions and delivery times of the goods, as well as the purchase price of said product, except in those cases in which by legal imperative such limitation does not apply.
6.2. The Seller shall not be responsible for any failure or delay in the performance of its obligations stated in these General Terms and Conditions of Purchase, in the event that they are caused by events beyond our reasonable control (“Force Majeure”). Force Majeure Causes can include any act, event, failure to exercise, omission or accident that is beyond reasonable control of the Seller and in particular includes, but is not limited to, the following:
- Strikes, lockouts or other industrial action.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.
- Inability to use trains, boats, aeroplanes, motor vehicles or any other means of public or private transport.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any Government or Public Authority.
6.3. It shall be understood that the Seller’s obligations derived from this Contract shall be deemed to be suspended for the period during which the cause of force majeure continues, and the Seller shall have an extension of time to perform such obligations for a period equal to the duration of the force majeure. The Seller shall use all reasonable endeavours and diligence to try to fulfil its obligations despite the force majeure.
7. RIGHT OF WITHDRAWAL AND PRODUCT EXCHANGE
7.1. The Customer may withdraw from the contract without giving any reason within a period of 14 calendar days from the date of material receipt of the product, unless one of the following exceptions applies:
- The supply of goods were made to the Customer's specifications or clearly personalised.
- The supply of goods that may deteriorate or expire rapidly.
- The supply of sealed goods that may not be returned for health and hygiene reasons and which have been unsealed after delivery.
- The supply of products that, after the delivery thereof and bearing in mind their nature, have been inextricably mixed with other goods.
- Goods that have been tampered with, opened, or unsealed.
In any case, in order to make use of the right of withdrawal, the product must be returned in its original packaging together with the invoice and all its components. Before returning the product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport. The product must be perfectly identified and marked with the return number provided by the Support Service.
7.2. The right of withdrawal may be exercised through the following channels:
- The Customer must get in touch with firstname.lastname@example.org.
- The support team will send you a form that you should send back filled out.
- The return must then be sent, with carriage paid by the Customer, attaching the RMA label in a visible place, which shall be provided by the support team after analysing the form.
7.3. The refund shall include the full amount of the purchase, except, where applicable, collection costs, which shall be borne by the customer. The refund shall be made using the same means of payment with which the product was purchased. The Seller informs that the direct costs of a return shall be borne by the Customer, who will be responsible for shipping the product to the warehouses of Suministros de Jardinería y Viveros S.L..
The expenses and risks associated with the return of the product shall be borne by the sender, who must send them securely and with the necessary guarantees to ensure the returned goods arrive in a perfect state of conservation.
Suministros de Jardinería y Viveros S.L. shall only collect the goods at its own expense if, due to the nature of the goods, they cannot be returned by post.
7.4. The Customer shall return the products subject to withdrawal without any undue delay within a maximum period of fourteen (14) working days from the date on which it informs the Seller in writing of its decision to withdraw.
The reimbursement of the amount corresponding to the withdrawal shall be carried out in a maximum period of (30) thirty calendar days from the date on which the goods are received and satisfactorily inspected. Otherwise, the payment may be withheld until receipt of the product or until the Customer proves that the product has been returned.
If the product does not comply with the requirements specified in these conditions in order to proceed with the reimbursement, this shall be communicated to the Customer in writing, who shall have a period of 30 days to withdraw it at his expense. Once this period has expired, it shall be understood that they waive the product and Suministros de Jardinería y Viveros S.L. shall be free to dispose of it as it sees fit.
7.5. The Customer shall be responsible for the decrease in value of the products resulting from any handling of these other than that necessary to establish the nature, features and operation of the goods.
7.6. The right of withdrawal is only applicable to distance sales made via the website.
8. DATA PROTECTION
The Data Controller of the Customer’s data is the entity that is identified in the Purchase process as the Seller and from which the Customer purchases the product.
Likewise, the Data Controller will be Suministros de Jardinería y Viveros S.L, when the data is processed by Meliflor in its capacity as a seller.
The personal data provided by the Customer within the framework of this contract for the purchase of products from the Seller through the Meliflor website shall be processed for the following purposes:
- To identify and be able to contact the Customer in order to inform him/her about actions or questions related to the order placed with the Seller.
- To control, manage, maintain and execute the pre-contractual and contractual relationship between the Seller and the Customer.
- To carry out all necessary steps in relation to the management of the order placed with the Seller through the Meliflor website.
- To carry out satisfaction surveys.
- No automated individual decisions shall be taken in relation to the Customer.
- To process and communicate data within the framework of preparatory and review actions and acts, prior to commercial operations of any nature, including but not limited to mergers, demergers, global assignment of assets and liabilities, contribution or transfer of business or branch of business activity, or any corporate restructuring of a similar nature, covered by commercial regulations; as well as within the framework of the aforementioned commercial operations.
The legal basis for the processing of data is the performance of the contractual relationship, as well as the legitimate interest and the express consent given by the Customer.
The data shall be stored for a maximum period of 5 years from the last action you take on the website in order to comply with our contractual obligations and legal responsibilities or, where applicable, until you exercise your right to object or cancel. After this period, we shall remove your personal data from our database. Notwithstanding the above, after 12 months without any activity, your data shall be blocked and will not be used or processed in any way.
In all cases, only personal data that is strictly necessary to carry out the task entrusted to us shall be collected, mainly the data necessary for invoicing and shipping of the products purchased.
Communication and data access
The Seller, in the context of the sale of its products through the Meliflor website, and for the purposes set out in this clause, may communicate and allow access to the Customer's data to the service providers that the Seller requires in order to manage the Customer's order: service providers for authentication and access management, marketing (including cloud marketing), web analytics, payment processing, digitalisation and deletion of information, home delivery, customer service.
International data transfers
The Seller hereby declares that the Customer's personal data shall not be transferred outside the European Economic Area.
In the event that the Seller transfers the Customer's personal data outside the European Economic Area, it shall adopt the appropriate guarantees in accordance with its legal obligations, with the aim of ensuring that the personal data is, at all times, adequately safeguarded regardless of the country in question. The Seller undertakes that personal data will be processed by adopting the necessary legal measures, ensuring that the entity receiving the data subscribes to the standard clauses adopted by the European Commission. In any event, in this case, the express consent of the Customer shall be sought.
For any questions regarding data protection, the Customer may contact the contact address provided for this purpose by the Seller through the "consult your orders" section of the Meliflor website.
9.1. The Seller and the Customer act in their own name and on their own behalf.
9.2. If any wording or clause of these General Terms and Conditions of Purchase is found to be invalid, illegal, or unenforceable for any reason whatsoever, this shall not affect the validity of the remaining clauses.
9.3. The Seller may modify the General Terms and Conditions of Purchase at any time. The modifications made will in no case affect purchases that have been made previously.
10.1. These General Terms and Conditions of Purchase are subject to Spanish law.
10.2. Without prejudice to the provisions set out in the Legal Notice regarding the option to turn to consumer arbitration, in general, the courts and tribunals of the residence of the consumer shall have jurisdiction over disputes arising from this Contract.