1.Specific Conditions of Use of the Portal.
The purpose of this document is to establish the Specific Conditions of Use of the Internet Portal and all its web sites www.joyeriaorisan.com (hereinafter the Web Portal) owned by CENTRO DE JARDINERÍA G. FERNÁNDEZ, S.L. (from now on VIVEROS GONZÁLEZ), with registered office in C/ Mandarino, 29604 Marbella, Málaga , holder of the CIF number B-93299154 and registered, as well as the domain www.viverosgonzalez.es, in the Property Register of Málaga.
VIVEROS GONZÁLEZ reserves the right to modify the Particular Conditions of Use in order to adapt them to the current legislation applicable at any given time, new case law and usual market practices.
The Special Conditions of Use do not exclude the possibility that certain Services of the Web Portal, due to their particular characteristics, are subject, in addition to the Special Conditions of Use, to their own Specific Conditions of Use.
The use by the User of any of the Web Portal Services implies and expresses his or her adherence to and acceptance of all the Specific Conditions of Use in the version published on the Web Portal at the time the User accesses the Web Portal, as well as the Specific Conditions that, where applicable, are applicable.
2. Privacy and Security Policy.
In compliance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, the data provided by the user to VIVEROS GONZÁLEZ through the web portal may not be used for purposes that are incompatible with those for which the data were collected.
In this way the purpose of the collection is the following:
- Management of current and potential clients.
- Management of goods and services by the company.
- Sending of information on the company's products and services.
VIVEROS GONZÁLEZ undertakes to treat these data confidentially and in accordance with the content of the aforementioned legal text and with the purpose established above. Any other use of the data, other than those mentioned, will require the prior and express consent of the user. The user may at any time exercise his or her rights to be informed, to access, to correct, to delete, to restrict the processing, to have the data transferred, to object to the processing and not to be subject to automated decisions, of processing by means of access to his or her account or by sending a letter to the registered office of VIVEROS GONZÁLEZ, as described above, or by sending an e-mail to firstname.lastname@example.org
Likewise, we inform you that by filling in the customer registration forms on our Web Portal, your personal data will be incorporated into our automated files for the sole purpose of providing you with the required service. At all times, you have the right to access them to make any changes you require in the "Clients Area" section of the GDPR, once you have authenticated yourself with your Web Portal access codes.
If on the other hand, you wish to delete such data, you can do so directly in the said section, or request it by sending a letter to the registered office of VIVEROS GONZÁLEZ, previously mentioned, or by sending an e-mail to the address email@example.com
The VIVEROS GONZÁLEZ shop web portal is registered with the site identification authorities to allow your browser to confirm the identity of the VIVEROS GONZÁLEZ shop before any transmission is sent. With this technology:
The identity of our Web Portal is automatically confirmed prior to the transmission of any customer information requested to complete an online order.
Your data reaches the desired target or your browser notifies you (before sending any personal information) that the site may not be secure and should be avoided.
It is our commitment to follow the guidelines set by the current legislation on personal data protection, especially with regard to the rights of information, access, rectification, cancellation and opposition of data.
Internet prices are valid for this channel, and may differ from those displayed in our physical facilities.
3. General Conditions of Purchase.
3.1. General conditions.
These conditions are only applicable to sales made through the Web Portal and may never be used as an argument for a purchase made in one of our shops with physical headquarters. These general conditions of sale are the only ones applicable and replace any other general condition, except in the case of prior, express and written cancellation. VIVEROS GONZÁLEZ may occasionally modify the articles in its general conditions, so it is advisable to read them each time you visit the Web Portal. These modifications can be attributed from the moment they are published
By accessing the Web Portal, you agree to respect the General Conditions, which include the Particular Conditions of Use and Specific Conditions.
3.2. Online orders.
Orders may only be placed through the purchase pages of the Web Portal www.viverosgonzalez.es and will be confirmed once you have registered in our system.
3.3 Product information.
All the products offered through the www.viverosgonzalez.es Web Portal include a list of their characteristics and price. The information on the characteristics and prices of the products is located on each of the web pages where the product is offered.
4. Price, payment methods and product availability.
The prices of the products offered on each of the web pages of the Web Portal will be included on the web pages where the product is offered.
The price applicable to each purchase is that indicated on the Web Portal at the time of validating the purchase.
The price of the purchase made, plus any applicable shipping costs, will be paid once the purchase is completed in the chosen form of payment.
All prices are expressed in Euros, include VAT and are applicable exclusively to transactions made through this Web Portal.
The prices of the products indicated do not include shipping costs, which will be added to the shopping cart, just before the order is processed and in those cases where it is appropriate in accordance with these conditions of sale.
The content of the Web Portal, products and prices, are constantly updated, being the main objective of VIVEROS GONZÁLEZ to offer a truthful, complete and without typographical errors information of the characteristics and prices of the products offered. If on any occasion an error occurs in the information provided in the Web Portal, VIVEROS GONZÁLEZ will immediately proceed to correct it.
If there is a typographical error in any of the characteristics or prices, and in the case that you have made the purchase of said product, you will be informed immediately of this error and the real price of the product, and you will have the right to cancel the purchase contract if you wish by paying the amounts in advance.
VIVEROS GONZÁLEZ reserves the right to modify, without prior notice, the prices, products and promotions contained in the Web Portal. If the price has changed, after having made a purchase, the applicable price is that indicated on the Web Portal at the time of validating the purchase.
4.2. Methods of payment.
4.2.1 Payment by transfer:
You can make the deposit at the following bank without forgetting to specify the following details:
Beneficiary: CENTRO DE JARDINERÍA G. FERNÁNDEZ, S.L.
Current Account: ES46 0182 4135 4902 0165 5934
Reference: you must indicate the order number D-XXXXXX
The bank account number will also appear on the order confirmation screen (last step of the purchase process) and will also be sent to you by e-mail so that you can make the deposit for the corresponding amount along with the details of your order. Once you have paid the amount, we will proceed to validate your order. Please note that the transfer is not effective until at least 48 hours (during working days) after the deposit. We remind you that the order does not become effective until you press "Finish purchase" on the order confirmation screen, which is the last in the sequence of screens in the order process.
4.2.2 Payment by Credit Card
As a measure of protection against fraud, VIVEROS GONZÁLEZ may request, by means of an e-mail to customers who choose a credit card as a form of payment, that additional documentation be sent to certify the identity of the purchaser as the lawful owner of the credit card. Said documentation may be attached digitally (in pdf or jpg format) in the same e-mail in which it is requested in order to speed up the order validation process and its delivery as much as possible.
4.2.3 Payment with PayPal.
Under this modality, once the order has been placed and the PayPal option selected, the user will access in a separate session the PayPal page where he/she will have to enter his/her user codes, and follow the on-screen instructions provided by PayPal to make the payment. Once the operation has been accepted by PayPal, it will confirm the collection of the order to the Web Portal, and VIVEROS GONZÁLEZ will proceed to process the order. This form of payment is the most immediate.
4.2.4 Payment in shop.
By choosing this method of payment, the customer agrees to pay the full amount of the purchase made on this web portal at any VIVEROS GONZÁLEZ facility that has a collection point and direct sale to the public.
4.3. Availability of the Products
In accordance with applicable regulations, orders will be processed in strict order of receipt.
In the event of a product ordered being out of stock while an order is pending preparation, this circumstance will be brought to your attention by sending an e-mail to the e-mail address you have provided and, at your option, you will be offered the option of extending the delivery period to request VIVEROS GONZÁLEZ the product from the supplier, you will be offered a product with similar features and characteristics* or, where appropriate, you may cancel the order.
In the event that it is not possible to contact you within the delivery period, the order will be automatically cancelled by returning the amount of the product in the same way that the order was paid for.
* In the event of a typographical error, we will act in accordance with the provisions of clause 4.1, offering you the option to cancel the order.
5. Purchase procedure.
The purchase process is simple and safe. You only have to follow the following steps:
1. Select the family of the product you wish to buy from the menu bar or use the search engine.
2. Choose the model through the sub-menu by category or brand and press the "Buy" button.
3. If you want to buy more than one product, select the products you want to buy in your order from the shopping cart page.
4. Select the number of units you wish to buy to find out the total price and shipping costs and press the "CONFIRM" button.
5. Register if you are not yet a customer by entering your e-mail address and select "Continue". You can choose to make the purchase as a guest without registering.
6. Fill in your details, read and accept the Purchase Conditions and, if you agree, accept them.
7. Confirm the delivery address of the order, accept the conditions, select the method of payment and click on the button "Finish purchase: order with obligation to pay". Your purchase will have been completed successfully.
You will then receive an e-mail indicating the summary of the order and amount, and if you have chosen "Bank transfer" as the payment method, the bank account number to which you must make the deposit will appear.
8. When you buy at VIVEROS GONZÁLEZ you accept that we send you the invoice by default in electronic format. If you wish to receive a paper invoice, please send your request to firstname.lastname@example.org
6. Deliveries, costs and delivery times. Territorial scope.
6.1. Home delivery.
Once the purchase process indicated in point 7 above has been correctly completed, once the product has been purchased and VIVEROS GONZÁLEZ has confirmed the payment of the amount into the account number indicated in point 4.2. 1 (for orders with "Bank Transfer" payment method), the deposit by PayPal account or after receiving the deposit in the account after receiving VIVEROS GONZÁLEZ, if required, its documentation accreditation to check the validity of the credit card or checked the purchase through Trustly we will proceed to send your order.
The order will be delivered to the address indicated by you within a maximum period of THIRTY days, counting from the day after the day on which payment is confirmed by VIVEROS GONZÁLEZ.
The delivery will be made by the logistics service contracted by VIVEROS GONZÁLEZ.
The cost of the deliveries will be as follows:
Deliveries of orders with a price lower than 89.00 euros: the delivery costs will be 5.95 euros throughout the Spanish and Portuguese peninsula.
Deliveries to the Balearic Islands will cost 7,95 euros and the delivery time will be from 72 to 96 hours.
For orders over 89.00 euros in total amount, shipping will be free
For deliveries of purchases made from Gibraltar they will be collected from the courier agency located in La Línea de la Concepción at a cost of 2.95 euros.
For deliveries of any kind over 89.00 euros,
Cash on delivery deliveries will have a surcharge on the final price of 3% with a minimum of 3 euros.
We do not deliver to the Canary Islands, Balearic Islands, Ceuta and Melilla. Azores and Madeira
Under no circumstances will deliveries be made to post office boxes.
You may, at any time, request information on the status of your order and make the relevant comments or give the appropriate indications to facilitate delivery by sending an e-mail to email@example.com indicating the order number (D-XXXXXX) so that your request can be identified with the order.
In the event that you are absent at the time of delivery, the delivery person will try to contact you to arrange a new delivery. In these cases VIVEROS GONZÁLEZ does not guarantee delivery of the purchased product within a specific period of time.
If there has been any error attributable to VIVEROS GONZÁLEZ in making the delivery or the product is defective, VIVEROS GONZÁLEZ will replace the product free of charge and as soon as you inform VIVEROS GONZÁLEZ of this circumstance by sending an e-mail to firstname.lastname@example.org
The delivery time of 24 hours starts to run from the moment the package leaves our facilities, never from the moment of purchase and as long as there is sufficient quantity of the products ordered by the customer.
7. Cancellation of the order.
If the order is in progress, that is, if the payment gateway has confirmed it and a reference has already been assigned (or if you have chosen the cash on delivery method), but it has not yet left the VIVEROS GONZÁLEZ warehouse for its destination, you may cancel the order free of charge by sending an e-mail to email@example.com indicating the order number (D-XXXXXX) so that your cancellation request can be identified with the order.
In the event that the order has been sent, you must wait to receive it and then proceed to return it, exercising your right of withdrawal in accordance with the following clauses: Returns.
8. Claims, changes, returns and withdrawal.
VIVEROS GONZÁLEZ reserves the right not to accept the return of any type of product without prior request from you.
You have 4 days from the day you receive the goods to inform VIVEROS GONZÁLEZ of any defect or fault you find in your order, and you must attach a photograph or video of the damaged or missing product.
In order to exchange the damaged plant, it is essential to return the plant, which will be replaced by the same or a similar one.
Reasons for return and steps to follow:
a. If for any reason you are not satisfied with your order and wish to exercise your right of withdrawal: (Plants are included in the exceptions provided for by law according to article 103 of Law 3/2014 which reads as follows:)
Goods with an imminent expiration date or high probability of suffering deterioration in a short period of time.
You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day you or a third party other than the carrier, as indicated by you, acquired material possession of the goods. In order to exercise the right of withdrawal, you must notify us at C/ Mandarino, 29604 Marbella, Málaga , holder of the CIF number B-93299154 and e-mail firstname.lastname@example.org of your decision to withdraw from the contract by means of an unequivocal declaration, indicating the order number, or by using the withdrawal form that you will find on our website, which you must fill in and sign. In both cases, both the unequivocal statement and the withdrawal form must be sent to VIVEROS GONZÁLEZ by post, fax or e-mail.
In order to comply with the deadline for withdrawal, you must notify and send to VIVEROS GONZÁLEZ the unequivocal declaration that you wish to withdraw from the contract, indicating the order number, or send to VIVEROS GONZÁLEZ the withdrawal form, filled in and signed, which you will find on the web page, IN BOTH CASES before the expiry of the 14 calendar days from the day you or a third party, other than the transport company, acquired material possession of the goods.
Once we receive the unequivocal statement or form we will acknowledge receipt without delay to the user's email.
Consequences of withdrawal:
Once you have sent the unequivocal statement of withdrawal or the withdrawal form within 14 days, you must return the product to VIVEROS GONZÁLEZ without any undue delay, and in any case, no later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract to VIVEROS GONZÁLEZ, in which case you will have to bear the direct costs of returning the product, of which you are expressly informed. To this end, VIVEROS GONZÁLEZ will arrange for the collection of the goods by the courier service or by our delivery fleet, depending on the type of goods to be returned. In any case, you will have to assume the direct cost of returning the goods. You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The plants according to article 103 d) of the TRLDCU whose literal wording reads, The supply of goods that may deteriorate or expire quickly, do not have the right of withdrawal.
These direct costs or delivery charges are broken down below:
5.95 for any product.
In order for us to accept your return you must send the products purchased and their original packaging in perfect condition, including all accessories (accessories, manuals, spare parts, plastic bags, etc). It is important that you return the products to us perfectly packaged and with a printed copy of the e-mail you will receive in your mail when you request the return.
Once we have received the items in our warehouse and have checked that the conditions described above have been met, we will proceed with the return.
Once the goods have been received at our warehouse and we have checked that the conditions described above have been met, we will proceed to reimburse all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a different delivery method to the less expensive standard delivery method that we offer). This refund will be made without any undue delay and, in any case, VIVEROS GONZÁLEZ will proceed to make such refund using the same means of payment employed by you for the initial transaction; in any case, you will not incur any expense as a result of the refund.
You will receive a refund of the amount of the articles in the same medium in which you made the payment:
Refund to the credit card:
If the order was paid for by Credit Card on our website, the refund will be made to your account within approximately 5 working days (if you have an immediate debit card) or approximately 30 working days, (if you have a deferred debit card).
Refund by bank transfer:
If you have paid for your order by Bank Transfer, the refund will be credited to your bank account within 5 to 8 working days.
Refund by PayPal:
If the order was paid for by PayPal, the refund will be made by VIVEROS GONZÁLEZ through your PayPal account, which will define, according to its internal procedures, the time for the refund to the customer.
VIVEROS GONZÁLEZ reserves the right not to proceed with a refund requested by the client in whole or in part if the product or packaging returned to its warehouse is defective, broken, tampered with by the user, etc. Optionally, the customer can choose to return an item purchased on the VIVEROS GONZÁLEZ Web Portal without being charged shipping costs, by means of a physical VIVEROS GONZÁLEZ shop. In this case, the product must be presented in its original, new packaging and proof of possession must be provided by means of the original invoice that VIVEROS GONZÁLEZ will deliver with your online order.
b. The product received is defective due to transport:
In the event that the return is requested because you receive a product in poor condition due to transport, we ask you to state this on the delivery note of the carrier, and to inform us within 24 hours of receipt, by sending an e-mail to email@example.com to inform us of this incident and thus proceed to replace the product.
VIVEROS GONZÁLEZ will manage the collection through the logistic service of courier or by our delivery fleet depending on the goods to be replaced. You must send the products in perfect condition and with their original packaging, including all accessories. It is important that you return the products to us perfectly packaged and with a printed copy of the e-mail you will receive in your mail when you request a replacement. Once we receive the items in our warehouse and check that the conditions described above are met, VIVEROS GONZÁLEZ will send you another one. In this case the change will always be made for the same article or reference. You will only be invoiced for the first shipment, and VIVEROS GONZÁLEZ will take care of the transport costs for the return and reshipment.
If you wish to exchange the defective item for a different one, the return and reshipment costs will not be assumed by VIVEROS GONZÁLEZ.
c. The product received does not meet the agreed specifications:
In the event that the return is requested because you receive a product that does not correspond to the order, we ask you to inform us within a maximum period of 14 days from the time of receipt, by sending an e-mail to firstname.lastname@example.org to inform us of this anomaly and thus proceed to replace the product. VIVEROS GONZÁLEZ will manage the collection through the logistic service of courier or by our delivery fleet depending on the goods to be replaced. You must send the products in perfect condition and with their original packaging, including all accessories. It is important that you return the products to us perfectly packaged and with a printed copy of the e-mail you will receive in your mail when you request a replacement.
Once the items have been received at our warehouse and it has been checked that the conditions described above have been met, VIVEROS GONZÁLEZ will send you another one. In this case the change will always be made for the same article or reference. VIVEROS GONZÁLEZ will only invoice you for the first shipment and will take care of the return and reshipment costs. If you wish to make an exchange for another article, VIVEROS GONZÁLEZ will not take care of the return and reshipment costs, which will be assessed as mentioned in section 8 a.
In accordance with Law 47/2002 on the Regulation of Retail Trade, goods which have been made to the specifications of the consumer and user or which are clearly personalised may not be returned. Nor may products that can be reproduced or copied immediately be returned.
VIVEROS GONZÁLEZ declares and guarantees that it can sell products and services from its Web Portal www.viverosgonzalez.es
VIVEROS GONZÁLEZ declares and guarantees that its Internet platforms are technically prepared for the sale of products and services.
All articles are guaranteed for 2 years in accordance with the provisions of Royal Legislative Decree 1/2007 of 16 November, which approved the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. The guarantees of quality or functioning of the products or services of VIVEROS GONZÁLEZ will be, if applicable, established case by case in the particular conditions, without prejudice to the rights recognised by that regulation. The consumer benefits from a commercial guarantee offered by the manufacturer of the product, the term and conditions of which depend on the type of goods, and where appropriate the specific guarantee of the manufacturer which is delivered in writing together with the product purchased.
VIVEROS GONZÁLEZ makes its best efforts to ensure that the information appearing in the product descriptions is correct, but cannot guarantee the accuracy of the descriptions. The products may undergo slight variations in specifications, colours or other design features by their manufacturer.
VIVEROS GONZÁLEZ does not provide any legal warranty on third party products or services.
The legal guarantee will cease to be effective if VIVEROS GONZÁLEZ verifies that the user has tampered with the equipment, for which purpose the equipment is provided with security seals.
10. Reservation of ownership.
VIVEROS GONZÁLEZ expressly reserves ownership of the products delivered until full payment of the sale price, interest, expenses, etc. Consequently, in accordance with this provision, payment will not be considered to have been made until VIVEROS GONZÁLEZ verifies that the payment has been received.
However, the risks are transferred to you as soon as the products are delivered. You undertake to keep the products in safe custody and to take out the relevant insurance to cover any damage or loss that may be caused to the products.
In the event that you suspend payments, VIVEROS GONZÁLEZ may claim the products. The amounts previously paid on account will remain in the possession of VIVEROS GONZÁLEZ by way of a penalty clause.
11. Conditions of use VIVEROS GONZÁLEZ will not be held responsible:
VIVEROS GONZÁLEZ is not responsible:
11.1. Using the Web Portal www.viverosgonzalez.es for illicit purposes or connotations, in accordance with the legislation applicable at any given time; unauthorised or fraudulent use of the Web Portal or its contents; use that is prohibited under these conditions; as well as any use that is harmful to the legitimate rights and interests of third parties.
11.2. Cause damage to the physical or logical systems of VIVEROS GONZÁLEZ , its Web Portal, its suppliers or third parties, or any practice that could damage, disable, overload, deteriorate or prevent the normal functioning of the documents, files and all types of content stored on any computer. It is especially and expressly prohibited to introduce or spread computer viruses or any other physical or logical systems that may cause damage to the network.
11.3. Attempting to access the resources or restricted areas of the web page, without fulfilling the requirements for access, as well as using, reproducing, copying, distributing, allowing public access or manipulating the data of VIVEROS GONZÁLEZ or third party suppliers or other users, through any modality.
11.4. In particular, and as an indication and not as an exhaustive list, you, as a user, undertake not to transmit, disseminate or make available to third parties, information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that
11.4.1. In any way that is contrary to, disregards or infringes upon fundamental rights and public freedoms recognised in the Constitution, in International Treaties and in other legislation.
11.4.2. Induces, incites, incorporates, makes available or allows access to products or promotes criminal, denigrating, defamatory, infamous, violent, dangerous, risky or harmful actions for health and psychological balance.
11.4.3. Induces, incites or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or condition.
11.4.4. Constitutes any type of advertising or publicity for third parties outside VIVEROS GONZÁLEZ.
12. Copyright, intellectual and industrial property.
The property of VIVEROS GONZÁLEZ is all the contents of www.viverosgonzalez.es which include: its graphic design, logos, images, text and other elements contained therein. Likewise, you, as a user, recognize and accept that all the brands, commercial names or distinctive signs, and all the industrial and intellectual property rights inherent to them, on the contents and/or any other elements inserted in the page, are the exclusive property of VIVEROS GONZÁLEZ and/or third parties, who have the exclusive right to use them in the economic traffic. Under no circumstances does access to the contents of the web page imply the renunciation, transmission, transfer, total or partial licence of these rights, nor does it confer any right to use, translate, adapt, alter, exploit, reproduce, distribute or publicly communicate these contents, without the prior and express authorisation of VIVEROS GONZÁLEZ or its legal owners. None of the material presented in the web page of VIVEROS GONZÁLEZ can be copied, reproduced, published, loaded in computer equipment, sent by mail, transmitted or distributed in any way, especially by means of publication in other web pages or in network environments, different from the downloading in your personal computer for your exclusive domestic use, strictly respecting all the copyrights and property notices.
VIVEROS GONZÁLEZ does not guarantee the absence of viruses or similar elements in the electronic documents and files stored in your computer system and in its Web page, which could produce software and hardware alterations for you as a user. The use of our web page and its contents implies the acceptance by you of the above risks and, therefore, you exclude VIVEROS GONZÁLEZ from any responsibility for damages of any kind derived from the possible presence of viruses or other similar elements. VIVEROS GONZÁLEZ will try with all the means at its disposal to guarantee the security of the information provided by the users. However, as is commonly known, security in the Internet environment cannot be guaranteed in its entirety, at any time.
14. Use of cookie technology.
VIVEROS GONZÁLEZ reserves the right to use so-called cookies or similar files in any type of use of the Web Portal. However, the cookies used are only associated with anonymous users and their terminals, without providing references that allow the user's personal data to be deduced. Likewise, with regard to the above, VIVEROS GONZÁLEZ informs you that most web browsers allow users to delete cookies from their computer's hard drive, block them or receive a message before recording one. In this link you can find more information about them.
15. Modifications to the Web Portal, services and content.
VIVEROS GONZÁLEZ reserves the right to unilaterally modify the presentation and content of the Web Portal, its services and general conditions at any time and without prior notice. Such modifications will be to improve the page, simultaneously optimizing the services offered to you as a user. In view of the above, VIVEROS GONZÁLEZ urges you to review and check the general conditions every time you access the Web, and it is your own responsibility not to do so, even if you tacitly accept their content.
Although, in principle, the duration of this Web Portal is undetermined, VIVEROS GONZÁLEZ reserves the right to suspend or terminate the provision of some or all of its services, without this decision having to be communicated to the users of the Web Portal in advance.
17. Applicable law and jurisdiction.
These general conditions are governed by Spanish law. Any controversy in relation to the Web Portal www.viverosgonzalez.com shall be settled before the Spanish Jurisdiction.
Failure to comply with these general conditions, or the use of the web page www.viverosgonzalez.es in terms contrary to those established, will give rise to the imposition of responsibilities derived from the above, through the exercise of the legal actions that VIVEROS GONZÁLEZ deems appropriate at all times.
Complaint forms are available to consumers and users of VIVEROS GONZÁLEZ shops (by prior telephone request on 952 830 057).
FORM TO EXERCISE THE RIGHT OF WITHDRAWAL
Information on the exercise of the right of withdrawal
A. Model withdrawal information document for consumers and users
Right of withdrawal:
You have the right to withdraw from this contract within 14 calendar days without giving any reason.
The withdrawal period expires after 14 calendar days from the day (1).
To exercise your right of withdrawal, you must notify us (2) of your decision to withdraw from the contract by sending us an unambiguous statement (for example a letter sent by post, fax or e-mail). You may use the model withdrawal form below, although its use is not obligatory (3).
In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the deadline.
Consequences of withdrawal:
In the event of your withdrawal, we will refund all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us) without any undue delay and in any event no later than 14 calendar days from the date on which you inform us of your decision to withdraw from this contract. We will make such refund using the same payment method you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any expenses as a result of the refund (4).
Instructions for completion:
(1) Insert one of the expressions in inverted commas below
(a) in the case of a service contract or a contract for the supply of water, gas or electricity - where these are not packaged for sale in a limited volume or in specified quantities - district heating or digital content not provided on a physical medium: "of the conclusion of the contract";
(b) in the case of a contract of sale: "that you or a third party, other than the carrier, indicated by you, have acquired the material possession of the goods"; and
(c) in the case of a contract for the delivery of multiple goods ordered by the consumer and user in the same order and delivered separately: "that you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods";
(d) in case of delivery of a good composed of multiple components or parts: "that you or a third party, other than the carrier, indicated by you, acquired the material possession of the last component or part";
(e) in the case of a contract for the periodic delivery of goods over a period of time: "that you or a third party, other than the carrier, indicated by you, acquired material possession of the first of those goods".
(2) Insert your name, your full address and, if available, your telephone number, your fax number and your e-mail address.
(3) If you offer the consumer/user on your website the option to electronically fill in and submit information concerning their withdrawal from the contract, insert the following text: "You also have the option to electronically fill in and submit the model withdrawal form or any other unambiguous statement through our website [insert e-mail address]. If you use this option, we will notify you without delay in a durable medium (for example, by e-mail) of receipt of the withdrawal.
(4) In the case of a sales contract where you have not offered to collect the goods in the event of withdrawal, please insert the following information: "We may withhold the refund until we have received the goods, or until you have provided evidence of the return of the goods, whichever is the earlier".
(5) If the consumer and user have received goods which are the subject of the contract, insert the following text:
or - "We will collect the goods", or
or - "You must return or deliver the goods directly to us or to... (insert name and address, if appropriate, of the person authorised by you to receive the goods), without any undue delay and in any event no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline will be deemed to have been met if you return the goods before the end of this period";
or- "We will be responsible for the costs of returning the goods";
or - "You shall bear the direct cost of returning the goods";
or - "You shall bear the direct cost of returning the goods"; or - "If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods cannot, by their nature, normally be returned by post: "or, if a reasonable estimate of the cost of returning the goods cannot be made in advance: "You must bear the direct cost of returning the goods. The direct cost of returning the goods is estimated to be approximately (insert amount) maximum", or
or - where, in the case of an off-premises contract, the goods, by their nature, cannot normally be returned by post and have already been delivered to the consumer's and user's home at the time of conclusion of the contract: "We will collect the goods at our own expense
(c) "You will only be liable for any diminished value of the goods resulting from the handling other than that necessary to ascertain the nature, characteristics and functioning of the goods".
(6) In the case of a contract for the provision of services or for the supply of water, gas or electricity - where these are not packaged for sale in a limited volume or in specified quantities - or district heating, insert the following "If you have requested that the provision of services or water/gas/electricity/heating be commenced during the withdrawal period (delete as appropriate), you will pay us an amount proportionate to the part of the service already provided at the time you inform us of your withdrawal, in relation to the total subject matter of the contract".
B. Model withdrawal form
(you only need to fill in and send this form if you wish to withdraw from the contract)
- To the attention of (here the name of the employer, his full address and, if available, his fax number and his e-mail address must be inserted)
- I/We hereby inform you (1) that I/we withdraw from our (1) contract of sale for the following goods/services (1)
- Ordered on/received on (1)
- Name of the consumer and user or consumers and users
- Address of the consumer and user or consumers and users
- Signature of the consumer and user or consumers and users (only if this form is submitted on paper)
Plants are living beings that need care, Viveros González IS NOT RESPONSIBLE FOR LACK OF CARE OR NEGLECT ON THE PART OF THE CUSTOMER.