1.- INTRODUCTION.
These general terms and conditions shall apply to the products offered by GARCÍA VILLAR BERRIES SL (ARÁNDANOS EL CIERRÓN), with its registered office at Calle La Oliva, No. 6, 3rd Floor, Flat B, 33300, Villaviciosa, Asturias, and tax identification number ESB-52551223, which is the owner of the websites www.arandanoselcierron.com,www.arandanoselcierron.es, www.mirtiloscierron.pt and www.nurseryberries.com
For any correspondence, the customer may contact the email address info@nurseryberries.com
Products offered: These general terms and conditions shall apply to contracts of sale for the products offered on the website.
ARÁNDANOS EL CIERRÓN (hereinafter “THE PROVIDER”) offers and sells, via the website www.nurseryberries.com (hereinafter the “Website”), blueberry plants and fruit, and other forest fruits (hereinafter the “Products”).
These general terms and conditions shall expressly govern the relationships arising between the PROVIDER and third parties (hereinafter “Customers”) who purchase the products offered on the Website. Likewise, any specific terms and conditions and any other specific agreement or contract that may be established between both parties shall apply.
These General Terms and Conditions have been drawn up in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Terms and Conditions of Contract, and Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users, as amended by Law 3/2014 of 27 March and other supplementary laws, and all other applicable regulations governing electronic commerce.
Acceptance of this document implies that the CUSTOMER:
a. Has read, understands and comprehends the contents herein.
b. Is a person with sufficient legal capacity to enter into a contract.
c. Assumes all the obligations set out herein.
These terms and conditions shall remain in force indefinitely and shall apply to all contracts entered into via the website www.nurseryberries.com, owned by the Provider. The Provider reserves the right to unilaterally amend these Terms and Conditions, without this affecting products purchased prior to such amendment.
Customers undertake to provide, at all times, truthful, accurate and adequate information for their necessary identification and access to the products offered by the Provider, the authenticity and accuracy of which shall be their sole and exclusive responsibility. Any modification or correction of the data provided by Customers whilst browsing must be carried out in accordance with the instructions included on the Portal for this purpose, where applicable.
In accordance with Articles 23.1 and 23.3 of Law 34/2002 on Information Society Services and Electronic Commerce: “Contracts concluded electronically shall have the same validity and produce all the effects of the Civil and Commercial Legal System.”
This contract is concluded at the moment the Customer clicks the ‘ACCEPT AND READ’ button for these General Terms and Conditions, and after correctly completing the form on the Portal.
Likewise, the submission of acceptance by any other electronic or traditional means to the Provider’s registered office shall be equally valid.
As established in Article 28.3(b) of Law 34/2002 on Information Society Services and Electronic Commerce, if the contract has been concluded through an exchange of emails or other equivalent electronic communication between the parties, it shall not be necessary to confirm receipt of the Customer’s acceptance of the contract.
By ticking the “ACCEPT AND READ” box at the bottom of the contract form, you confirm that you are of legal age, and that all information provided to the Provider for registration purposes is true, accurate and complete, that you will update such information to ensure it remains current, and that you accept the terms and conditions of this contract.
2. – ENTRY INTO FORCE OF THE GENERAL TERMS AND CONDITIONS
This document setting out the General Terms and Conditions of Contract shall come into force from the moment Customers click the ‘ACCEPT AND READ’ button for these General Terms and Conditions of Contract. From that moment, such Customers declare that they accept and adhere fully and unconditionally to the provisions contained in these General Terms and Conditions of Contract.
In accordance with the provisions of Article 5.3 of Law 7/1998 of 13 April on General Terms and Conditions of Contract, the Provider guarantees that it has previously made these General Terms and Conditions available to all potential Customers, prior to their being able to purchase any product or item, and that prior acceptance of these terms is required in order to register or request any product or item.
3. Purpose and scope of the general terms and conditions of sale
The Provider offers customers a website for the sale of blueberry plants and berries and other forest fruits
The purpose of this document is to regulate the online sale of the aforementioned products via the INTERNET.
The purchase of products via the Website implies full and unreserved acceptance of these Terms and Conditions of Sale, as well as of any other specific terms and conditions brought to the user’s attention prior to the purchase of products which, where applicable, replace, supplement and/or amend these Terms and Conditions. In particular, the user is also bound by the provisions contained in the Legal Notice and the Privacy and Cookies Policy available on the Website, in all matters to which they may apply.
These Terms and Conditions of Sale shall apply without exception to all orders, deliveries and/or items ordered by the user from the Provider, unless other terms or conditions are expressly agreed in writing.
4. USER REGISTRATION.
A registration form for users is available on the Website, www.nurseryberries.com.
The user must complete this registration form, providing all the information necessary for the purchase of products and items, as well as for the invoicing thereof.
The Provider reserves the right to refuse registration or process orders for any Customers it deems appropriate.
In the event that registration is carried out on behalf of a company (legal entity), the individual carrying out the registration and accepting the General Terms and Conditions of Sale expressly declares to that they have sufficient powers of representation to enter into contracts on behalf of the company and to bind the company they represent to the aforementioned conditions. The Provider shall in no circumstances be held liable for any lack of truthfulness or inaccuracy in the data or statements made by the company’s representative.
The username and password generated during the registration process are confidential, personal and non-transferable and may not be transferred, shared or disclosed to third parties. The user must ensure the confidentiality and security of their username and password, as they will be liable for any actions carried out using their login details on the Website. Should the user become aware of or suspect the loss, theft or unauthorised use of their password by third parties, they must notify the Provider of this circumstance as soon as possible.
5. INFORMATION ABOUT THE PRODUCTS OFFERED ON THE WEBSITE
5.1 Product descriptions.
The products available on the Website are accompanied by descriptions and technical specifications.
In order to provide the Customer with the most comprehensive information possible about the products, the Provider will display photographs and graphic or iconographic representations relating to the products or items, as well as trade names, trademarks or distinctive signs, to the extent that technology permits.
However, on occasion, the shades, colours, finishes and/or dimensions of the products and items shown in the photographs and graphic representations – due to technical limitations arising from the use of certain types of devices or monitors by Customers – may not correspond exactly to the actual characteristics of the products. The Customer therefore acknowledges that such photographs and representations are for guidance only and exempt the Provider from any liability arising from such potential inaccuracies.
The Provider makes every effort to ensure that the information available on the Website regarding the products is truthful, accurate and free from typographical errors. However, it cannot guarantee the complete truthfulness, precision and accuracy of all the information available on the Website; therefore, in the event of any typographical error regarding the price or characteristics of the products and should the Customer have based their purchase decision on such erroneous information, the Provider will notify the Customer as soon as possible and offer the Customer the option to cancel the order.
In the specific case of fertilisers, ARÁNDANOS EL CIERRÓN holds the relevant licence for their sale. The fertiliser is packaged in accordance with current legislation by Protección Verde S.L., whose address is Calle Wolframio G19-23, Polígono Ind. Bertoa, 15105 Carballo (La Coruña).
5.2 Product availability.
The Provider makes every effort to ensure the full availability of the products offered at all times via the Website and to fulfil all orders placed by Customers through it.
To ensure optimal delivery of the products, these will only be dispatched on working days: Monday, Tuesday and Wednesday.
No products are dispatched on Thursdays, Fridays, weekends or public holidays unless otherwise specified at the time of purchase.
Orders placed via the website or by telephone before 10:00 am will be considered same-day orders, with the sole exception of those where the chosen payment method is a bank transfer, in which case the order will be processed on the day the payment is received (clearly indicated with the order number in the payment reference) in our current account; proof of payment may be sent to info@nurseryberries.com to speed up dispatch.
Under no circumstances can a delivery time slot be selected when placing the order.
In the event that the Supplier, for reasons attributable to them, is unable to meet the delivery deadline, or the product is out of stock during the order process, they will contact the user to duly inform them of this circumstance by telephone and email. The user also has the option of contacting the Supplier via the customer service department.
The user has the option to proceed with the purchase, setting a new delivery date, at no additional cost to the user.
The user also has the option to cancel the purchase, in which case the Provider will refund the full amount paid. The refund will be processed within a maximum of 3 working days from the user’s confirmation of their chosen option, via the same payment method used to purchase the product. The amount to be refunded will include the delivery charges paid by the user at the time of purchase.
Although the Provider endeavours to keep the catalogue of products available on the Website constantly updated, on occasions the information provided by its suppliers and partners does not allow for real-time information to be provided via the Website.
The Provider shall not be liable for any penalties arising from the possible unavailability of the products requested by the Customer, nor shall it be liable for any damages suffered by the Customer or third parties as a result of such circumstances.
5.3 Price of products and items
The Provider guarantees the price on the day the purchase was made, regardless of the day of delivery. The purchase price is indicated in euros (€), with Value Added Tax (VAT) applicable at the time of purchase being charged on the price of the products.
This website uses geolocation to automatically detect the buyer’s location and display the applicable VAT rate according to the destination country, although the final calculation may vary depending on the specific checkout process.
However, these prices do not include the handling and delivery costs for the products and items, nor any other additional services the Customer may wish to purchase. These will be detailed during the purchase process or communicated to the Customer in writing by other means and must in all cases be accepted by the Customer prior to order confirmation.
The prices shown on screen shall be the current prices, except for any typographical errors. Furthermore, for products where the price is determined by weight, the price per kg or the price of the packaged product shall be indicated.
The presentation of the products, including their specific characteristics and images, is for identification and descriptive purposes.
Offers are clearly marked and identified as such.
The Supplier reserves the right to unilaterally modify, at any time and without prior notice, the prices of products and items, as well as to suspend or cancel their sale temporarily or permanently. In all cases, orders will be invoiced in accordance with the prices available and in force at the time the order is placed.
Customers will receive an email confirming their purchase.
5.4 Payment and order confirmation
The price of the products, together with the delivery charges associated with the order, which will be displayed during the purchase process, must be paid via any of the payment methods and under the conditions offered by the Provider at any given time on the Website during the purchase process (credit/debit card, bank transfer)
5.4.1 Payment by credit or debit card.
In the event that payment is made by credit or debit card,
Card payments are processed via a payment gateway operating on a secure server using SSL (Secure Socket Layer) protocol, which guarantees the encryption and security of the transaction. The Provider does not store sensitive data relating to the payment method used by the Customer (only the payment processor has access to this data to process the transaction). This payment gateway includes technical devices linking to the bank’s platform
The Provider is only liable for the content and services provided on the bank’s platform to the extent that it has actual knowledge of the illegality and has not deactivated the link with due diligence.
The Service Provider shall not be liable for any loss or damage of any kind suffered by the Customer arising from faults or disconnections in telecommunications networks that result in the suspension, cancellation or interruption of the PAYMENT GATEWAY service, and/or the banking platform, either during the provision of the service or prior to it.
Once the purchase has been made, the Customer will receive an email notification from the Provider confirming the details of their order. This email will serve as an acknowledgement of receipt and confirmation of the purchase made by the Customer. No additions or cancellations to orders will be accepted once the confirmation email has been received.
To ensure the security of transactions carried out by individuals and legal entities via the Website and to prevent potential fraudulent transactions, the Provider reserves the right to request additional information, confirmations and/or documents from Customers, even after they have made one or more purchases via the Website, by telephone or email to the number or account provided by the Customer themselves, in order to confirm that such purchase(s) have indeed been made and authorised.
Should the Customer fail to respond favourably or fail to provide the Provider with the requested documentation and information within forty-eight (48) hours of the call or the sending of the email, the transaction(s) detailed in said communication and the respective order(s) may be automatically cancelled for the Customer’s security, without the need for further notice, nor any liability on the part of the Provider.
The Provider will proceed to automatically refund the amount paid by the Customer in respect of said purchase(s). This procedure for detecting fraudulent transactions is intended to ensure the security of transactions and is accepted by the Customer upon accepting these Terms and Conditions.
At Arándanos El Cierrón, you can use Visa, Mastercard, Maestro and American Express cards. To pay for the order, the financial institution will ask you for your card details (number, cardholder name and the card’s CVV code) and, at the institution’s discretion, a security verification, which is usually via a code sent to your mobile phone.
Once payment has been confirmed, we will proceed to prepare your order for dispatch.
5.4.2 Payment by Bank Transfer or Deposit
If you have chosen bank transfer as your payment method, once you have completed your order on ARÁNDANOS EL CIERRON, you will receive an email with the total order amount and the account number for the transfer.
In the transfer, you must quote the order number provided in the order confirmation email.
ARANDANOS EL CIERRON’s bank details are:
ACCOUNT HOLDER: (García Villar Berries S.L.)
BANK: UNICAJA BANCO
IBAN: ES71 2048 0025 1134 0400 4856
SWIFT (BIC): CECAESMM048
Please state the order number as the reference. If you wish to speed up delivery, you can send us proof of the transfer to info@nurseryberries.com
Transfers from different banks may take up to two working days (excluding weekends and public holidays). Once we have received the payment receipt or the payment has been credited to our account, we will process your order.
5.4.3 PayPal
PayPal is an online payment service that guarantees secure, easy and fast payments. You have the option to open a PayPal account whilst placing your order.
6. DELIVERY TIMES, METHOD, COSTS AND DELIVERY AREAS
The Supplier will deliver the products to the delivery address specified in the order placed by the Customer. We do not accept deliveries to PO boxes. If the order is large or heavy, the carrier will deliver it to the building entrance or, failing that, to the ground floor.
We will send you an email as soon as the order leaves our premises.
The Supplier assumes the risk of any damage or loss suffered by the item during transport until it is in the Customer’s possession.
The Customer assumes the risks relating to the products in the order from the moment delivery is made, except in the event of a delay in dispatch or a breach of the Provider’s obligations. In this case, the Customer assumes the risks from the moment delivery would have been made had there been no such breach.
Once the risks have been assumed, the Supplier shall not be liable for the loss or destruction of the products and items.
The Customer undertakes to be present at the agreed time for delivery or to authorise a third party of legal age to receive the order (products and items will not be delivered to PO boxes or public places). In the event that the Customer or the authorised person is not present at the time of delivery, the costs of redelivery shall be borne by the Customer in accordance with the amounts previously indicated in this section, with no possibility of exemption based on the order value.
The Supplier understands that the Customer who placed the order authorises the person currently at the delivery address to collect the order on their behalf. Therefore, it is the Customer’s sole responsibility to authorise a third party to receive and accept the purchase at the delivery address.
The Supplier shall not be liable for any delay in the delivery of orders where such delay is solely the fault of the Customer or the authorised person.
If, for any reason, the Customer is unable to be present at the time of delivery, they must contact us by email or telephone to arrange an alternative delivery date.
Upon delivery, the Customer must sign the delivery note to confirm that the order has been delivered and accepted.
The Customer is responsible for storing and preserving the products and items in accordance with the conditions, where applicable, set out on their labelling. It is the Customer’s responsibility to store and preserve them in a suitable place, depending on the characteristics of each product or item.
Delivery area
In general, delivery of the products offered via this website is limited to the mainland territory of the following Member States of the European Union: Germany (DE), Austria (AT), Belgium (BE), Bulgaria (BG), the Czech Republic (CZ), Cyprus (CY), Croatia (HR), Denmark (DK), Slovakia (SK), Slovenia (SI), Estonia (EE), Finland (FI), France (FR), Greece (EL), Hungary (HU), Italy (IT), Latvia (LV), Lithuania (LT), Luxembourg (LU), Malta (MT), the Netherlands (NL), Poland (PL),Romania (RO) and Sweden (SE)
The standard terms and conditions of sale and delivery expressly exclude islands, outermost regions, overseas territories, enclaves, free zones and any other special territories or territories with a distinct tax, customs or logistics regime belonging to the aforementioned States.
Should the delivery address be located in any of the territories excluded above, the buyer must first contact the Seller by email or telephone to confirm the feasibility of the shipment, the applicable terms and conditions, and the cost. In particular, fresh or chilled products are not shipped to such territories.
For deliveries to destinations other than those listed above, the Customer must also contact us by email or telephone. In such cases, the order will be prepared for measurement and weighing, and the Seller will provide a fixed-price quote for transport. The shipment will only be dispatched once the Customer has expressly accepted this quote and made advance payment of the corresponding amount.
Free delivery for orders over a minimum amount
Shipping costs will be calculated and communicated to the Customer during the purchase process, prior to final order confirmation.
Unless otherwise stated, delivery will be free of charge when the order total exceeds €89 (including VAT)
Shipping costs
Shipping costs are not fixed and are determined based on actual or volumetric weight, the total volume of the order and the delivery destination. The exact amount of these costs is calculated automatically once the Customer has added all products to the basket, and is clearly shown in detail before the purchase process is completed, allowing the Customer to know the total cost of the order prior to payment.
Delivery times
To ensure optimal delivery of the products, these will be dispatched on working days:Monday, Tuesday and Wednesday. Products are not dispatched on Fridays, weekends or public holidays unless otherwise specified at the time of purchase.
Delivery takes 2 to 7 working days depending on the destination country. Products with different delivery times will have this specified in their description. Under no circumstances can a delivery time slot be selected when placing the order.
The product will only be dispatched once payment has been received.
Orders placed via the website or by telephone before 10:00 am will be considered same-day orders, with the sole exception of those where the chosen payment method is bank transfer, in which case the order will be processed on the day the payment is received (clearly indicated with the order number in the payment reference) in our current account; proof of payment may be sent to info@nurseryberries.com to speed up dispatch.
6.1 BLACK FRIDAY AND CHRISTMAS
From the start of Black Friday until after Christmas, delivery times may be delayed by up to 21 days, due to the exponential increase in orders across the e-commerce sector, which prevents courier companies from meeting the agreed deadlines. If you place orders during this period, you accept that it is impossible to process orders as normal and that there may be significant delays in delivery. Under no circumstances will ARÁNDANOS EL CIERRÓN be held responsible for these delays, which are caused by factors beyond our control.
During Christmas, ARÁNDANOS EL CIERRÓN will suspend the dispatch of its products, as it is impossible to guarantee they will arrive in good condition. The dates on which orders will not be dispatched will be announced in the banner at the top of the website.
7. RIGHT OF WITHDRAWAL AND RETURNS
A. Information on exercising the right of withdrawal
Right of withdrawal for consumers and users:
You have the right to withdraw from this contract within 14 calendar days without giving any reason.
The withdrawal period will expire 14 calendar days from the day on which you, or a third party designated by you (other than the carrier), took physical possession of the goods.
To exercise your right of withdrawal, you must notify ARANDANOS EL CIERRÓN, Calle La Oliva, No. 6, 3rd Floor, Flat B, 33300, Villaviciosa, Asturias, telephone: + (34) 985891560. +(34) 684665213, email address: info@nurseryberries.com, of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of this right before the deadline expires.
You also have the option to complete and submit the model withdrawal form or any other unequivocal statement electronically via our website. If you choose this option, we will inform you without delay by email of the receipt of such withdrawal
Consequences of withdrawal:
– If you withdraw from this contract, we will refund all payments received from you (excluding any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option offered) without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
We will make this refund using the same payment method you used for the initial transaction, unless you have expressly requested otherwise. In any event, you will not incur any costs as a result of the refund.
We will withhold the refund until we have received the goods or until you have provided proof of their return, whichever occurs first.
– You must bear the direct cost of returning the products. For information purposes only, it is estimated that the return costs will, as a guide, be similar to the delivery charges for the order.
You must return or deliver the products directly to ARÁNDANOS EL CIERRÓN at the address stated in this document, without undue delay and in any event no later than 14 calendar days from the date on which you notify 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 deadline has expired
– The deadline will be deemed to have been met if you return the products before the deadline has expired. Otherwise, it will be understood that your right to withdraw has lapsed.
– You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
B. Model withdrawal form
– For the attention of: GARCÍA VILLAR BERRIES SL (ARÁNDANOS EL CIERRÓN)
– Email: info@nurseryberries.com
– I/We hereby give notice that I/we withdraw from the contract of sale for the following product(s): (If this is the entire purchase, please indicate ALL)
– Order number ………………. received on …………………..
– 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). Date.
Exclusion of the right of withdrawal.
Pursuant to the provisions of Article 103(d) of the General Law for the Protection of Consumers and Users, which stipulates that the right of withdrawal “shall not apply to the supply of goods that are liable to deteriorate or expire rapidly”
Pursuant to the provisions of Article 103(e) of the General Law for the Protection of Consumers and Users, which stipulates that the right of withdrawal “shall not apply to the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed following delivery”
8. WARRANTY FOR DEFECTIVE PRODUCTS
In the event of defective products, we shall proceed, as appropriate and depending on the condition of the product, to repair, replace, reduce the price or terminate the contract, at no cost to the consumer or user.
Arándanos El Cierrón shall be liable for any lack of conformity that becomes apparent within three years of delivery, provided that this is reported within a reasonable time.
The customer shall have a maximum period of fourteen (14) calendar days from receipt of the order to verify the conformity of the plants. Once this period has elapsed without an express complaint, or in the event of planting, use or handling of the plants, it shall be deemed that the customer has expressed their full acceptance of the plants supplied.
The plants are covered by a 3-year legal guarantee of conformity from the date of delivery. However, given the nature of living organisms, any lack of conformity must be distinguished from a failure to provide adequate care, which is the sole responsibility of the buyer. During the first 14 days, it is presumed that any lack of conformity existed at the time of delivery.
In the event that you mistakenly receive an expired product, we require a photograph of the batch and date so that we can replace it or issue a refund.
In order to return the product, the user must contact the website owner within the two-month period via email at info@nurseryberries.com, specifying the product(s) being returned and the reasons for the return.
Upon receiving the notification, the website owner will inform the user whether the return is valid; if so, they will explain how to arrange collection or dispatch of the defective product(s).
Once the product(s) have been received, the user will be given the option to replace the product with another of identical characteristics.
Furthermore, the user has the right to terminate the contract. In this case, the website owner will refund the full amount paid by the user for the purchase, including delivery costs.
Users are informed that the timeframe for refunding the amounts paid depends on the payment method chosen at the time of purchasing the product(s). In any case, the amounts paid will be refunded as soon as possible, and in any event within 14 calendar days of the user notifying us of their decision to withdraw from the contract.
9. CUSTOMER SERVICE
The Provider offers a customer service department. In the event of any complaint made by the customer, we have a procedure whereby the complaint will be recorded by issuing an identification code and a receipt sent by email.
Direct personal assistance is available via email: info@nurseryberries.com
In accordance with current legislation, the customer service department will handle any complaints made and will under no circumstances use this service to make any commercial offers.
The Provider makes a telephone line available to consumers and users for the purpose of communicating regarding the contract entered into, and states that the use of this line will not incur a cost for the consumer or user in excess of the basic rate.
For this purpose, the basic rate is understood to be the standard cost of the call in question, without any additional charge being added for the benefit of the Provider
In compliance with the legal obligation to provide identification details, the Provider makes available to users and consumers information regarding the postal address, telephone number and email address to which they may submit complaints or claims or request information regarding the contracted services
Address: Calle La Oliva, No. 6, 3rd Floor B, 33300, Villaviciosa, Asturias
Telephone number: + (34) 985891560. +(34) 684665213
Email address: info@nurseryberries.com
The Provider will respond to complaints received as soon as possible and, in any event, within a maximum of one month from the date the complaint is submitted
Customer service hours: Monday to Friday from 9am to 6pm (Spanish time, Central European Time UTC+1 / Central European Summer Time UTC+2, as applicable).
Weekends: email
10. INVOICING
The Customer acknowledges and accepts that the Provider will only send invoices to the email address provided during the registration process.
In accordance with the provisions of Royal Decree 1619/2012 of 30 November, which approves the Regulations governing invoicing obligations, by accepting these general terms and conditions, the Customer simultaneously consents to the Provider issuing and sending their invoices in electronic format.
Should the Customer wish to have a paper copy of their invoice, they may print the invoice whilst retaining the digital file sent by the Provider. The invoice issued shall contain the following details:
– tax details of the invoice issuer
– the Customer’s tax details
– payment method used
– Total amount of the goods and amount of tax
– Net amount payable
11. AMENDMENT OF THE TERMS AND CONDITIONS.
The Provider reserves the right to amend these Terms and Conditions at any time. In any event, any such amendments shall not affect orders currently being processed, which shall be subject to the Terms and Conditions in force and available on the Website at the time the relevant order was placed.
The Terms and Conditions in force at any given time will always be available on the Website and must be accepted by the Customer when placing each order. We recommend that Customers consult the Terms and Conditions each time they place an order.
12. FORCE MAJEURE
Neither Party shall be liable for any breach of the obligations undertaken where such breach has been caused by Force Majeure in accordance with the provisions of Article 1.105 of the Civil Code, including, but not limited to: acts of civil or military authorities, war whether declared or undeclared, civil unrest, insurrection or revolt, sabotage, fire, adverse weather conditions, earthquakes, floods, strikes, lockouts or other labour disputes, or seizures. Should these circumstances persist for a period exceeding 3 months, both Parties shall be entitled to terminate the contract.
13. ENTIRE AGREEMENT, SEVERABILITY AND AMENDMENTS
All prior verbal agreements and undertakings between the Service Provider and the Client are hereby superseded by the terms set out herein, which constitute the entire agreement.
This contract is binding on the parties, and if any contractual clauses are voidable or null and void as a matter of law, they shall be deemed not to have been included.
With regard to amendments to this contract, the Provider shall inform the Client thereof by publishing the amendment 15 days prior to its entry into force in a clearly visible location on the Website, www.nurseryberries.com
The expiry of the aforementioned period without the Customer having expressed their objection to such amendments shall imply the Customer’s full acceptance of the new terms and conditions. If the Customer does not accept the proposed amendments communicated to them, they may withdraw from the contract and terminate it, in accordance with the provisions of the clause “Duration and Early Termination”, or, to the extent permitted by law, maintain the previous terms and conditions.
Amendments that are clearly beneficial to the Customer may come into effect immediately.
14. BREACH.
Any breach by the Customer of the provisions contained in these Terms and Conditions and/or in the Legal Notice available on the Website, as well as any use of the Website and/or the services available thereon that is deemed improper, abusive or contrary to the law or the spirit and purposes of the Website, shall entitle the Provider to suspend, block and/or permanently withdraw, without prior notice, the Customer’s access to the Website, as well as to claim compensation for any damages that such breach or action may cause to the Provider.
15. OBLIGATIONS OF THE WEBSITE OWNER
The Provider, by virtue of these general terms and conditions, undertakes the following obligations towards the Customer:
i. To provide the Customer, both before and after registration, with the information they require regarding the provision of the specific products sold, in accordance with the provisions of the applicable regulations and these general terms and conditions.
ii. To diligently carry out the tasks necessary to make the products on offer available.
iii. To exercise due diligence and care in the sale of the products offered and in its dealings with its Customers, as well as to safeguard their interests.
iv. To provide the Customer with the necessary communication channels so that they may contact the Provider regarding any incident or enquiry relating to the products offered
v. Be responsible for the quality and characteristics of the products offered by the website owner and which fall within their exclusive control and/or management.
16. OBLIGATIONS OF THE CUSTOMER
Any Customer who accesses www.nurseryberries.com and registers or requests the products offered, in accordance with these general terms and conditions, undertakes to comply with the following obligations:
i. To provide all the information and data necessary for registration or for the request or provision of services, undertaking to provide accurate, up-to-date and truthful information.
ii. To pay the price for the product purchased, in accordance with the provisions of the relevant section of these general terms and conditions and on the Website.
iii. To keep their personal details up to date at all times, and in particular the information necessary for processing payment to the Provider.
17. RESPONSIBILITIES
The Customer shall be solely and exclusively responsible for the truthfulness, appropriateness and accuracy of all data and statements included in the forms sent to the website owner for the purpose of registering as a Customer or in any other communication sent to the Provider for any purpose.
Consequently, the Customer shall be solely responsible for any omission, inaccuracy or error made when completing the details required to purchase the products offered by the Provider.
The mere submission by the Customer of a product application form does not necessarily imply acceptance of the same by the Provider, insofar as the Provider has not verified the accuracy of the information and any other details required for the provision of the service.
The Provider shall not be liable for the content, quality, characteristics or performance of third-party professionals or companies. The Provider shall use its best endeavours to ensure the technical availability of the products and the proper transmission of information, always to the best of its ability. Notwithstanding the foregoing, due to the nature of the Internet, it is not possible to guarantee these matters absolutely.
The Provider shall not be liable for damages of any kind that may arise from: the interruption of operation or unavailability of its website; the privacy and security of the website in relation to its use by the Client, and/or unauthorised access by third parties; the accuracy, updating and completeness of the website’s content; the possible transmission of software or other elements that adversely affect computer systems; any other indirect or consequential loss or damage that was not reasonably foreseeable by both parties at the time the Customer requested the Provider’s services; or any delay in the provision of the services offered, insofar as such delay or failure to perform is due to circumstances beyond the Provider’s control.
18. CONFIDENTIALITY
Neither the Service Provider nor the Client shall disclose to any third party any confidential information, trade secrets, financial data, know-how, working methods, personal data or any document from either party marked as confidential, or which by its nature is deemed to be confidential, received from the other party in connection with the provision of the services covered by these general terms and conditions. This prohibition shall not apply to a party if it has the prior written consent of the other party. The parties undertake to take the necessary precautions to preserve the secrecy of the other party’s confidential information, in the same manner as they would for their own information of a similar nature. They also undertake to disclose such information only to employees or persons who, by virtue of their position and role, need to know it in order to carry out their work. In any event, they shall be made aware of the confidential nature of such information and their liability in the event of its unlawful disclosure.
The restrictions set out in the preceding paragraph shall not apply to information which: (i) is generally known and not confidential, or which has been published on the Provider’s website without any access restrictions; (ii) is in the public domain or generally accessible to the public for reasons other than a breach of this clause; (iii) is obtained from a third party who is not bound by any duty of confidentiality in relation to the information; (iv) is required by law to be disclosed by the recipient.
The parties undertake to comply with the obligations arising from this provision throughout the term of this contract, as well as for a period of two years following its termination or cancellation.
19. SECURITY MEASURES.
The Provider is aware that it is impossible to guarantee the absolute invulnerability of computer systems and communication networks, but nevertheless undertakes to make its best efforts available to customers at in order to ensure the security and availability of the information hosted on its servers.
20. ASSIGNMENT AND/OR SUBROGATION OF SERVICES
The Provider may engage or collaborate with subcontractors, professionals or external agents, as well as assign all or part of the contracts or rights formalised to third parties, in order to carry out the provision of all or part of the services governed by these general terms and conditions. The Provider undertakes to notify, via the communication channels established for its relations with customers and described in these general terms and conditions, the aforementioned assignment of contracts or rights to third parties.
In the event of the transfer of the contract to a third party, the consumer may terminate the contract without penalty if the transfer is detrimental to them, provided they give notice within 30 days of being informed of the transfer.
21. TERMINATION OF THE SERVICE. EXTINCTION AND TERMINATION OF THE CONTRACT.
The service shall be deemed to have been provided when the Supplier proceeds to dispatch the product covered by these general terms and conditions.
Furthermore, in the event that the product has not been dispatched, either due to circumstances attributable to the Supplier or for commercial or any other reasons not attributable to the Customer, the service shall be deemed to have ended upon the refund of the amount that the Customer, where applicable, had previously paid to the Supplier. The contract shall terminate when both parties have fulfilled the obligations to which they have committed themselves therein, having exhausted its purpose, or when it is terminated by either party if any of the grounds for termination provided for in the Civil Code apply.
22. NOTIFICATIONS AND COMMUNICATIONS BETWEEN THE PARTIES
Notifications, communications and notices exchanged between the parties under these general terms and conditions must be sent by any means (post, fax, email, telephone, etc.) that allows for the identification of the sender and the integrity and authenticity of the information provided. In this regard, the Customer must first provide identification via their National Identity Document or any other equivalent document. In particular, the Customer may send their communications and/or queries regarding any matter relating to the items and products sold by the Supplier to the email address, postal address and/or telephone number listed in the “Customer Service” section, and via the contact form available on the website.
23. RELATIONSHIP WITH OTHER CONTRACTS AND SPECIAL CONTRACTS
The relationship between the Customer and the Service Provider is governed by these General Terms and Conditions, irrespective of the validity of the Legal Notice and any other legal text regulating the terms of use of the Service Provider’s website, which shall apply on a supplementary basis, provided that they do not conflict with these General Terms and Conditions.
Without prejudice to the provisions of the preceding paragraph, for the provision of certain services, the Client’s acceptance of other specific or particular General Terms and Conditions for that service may be required. In such cases, the aforementioned General Terms and Conditions or specific agreements shall take precedence in the relationship between the Customer and the website owner, and these General Terms and Conditions shall apply only on a supplementary basis and insofar as they do not contradict them.
24. PARTIAL INVALIDITY AND NULLITY.
In the event that any provision of these general terms and conditions is deemed null and void or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of these general terms and conditions, which shall remain in full force and effect and binding on the Parties.
25. OUT-OF-COURT DISPUTE RESOLUTION
The Customer may submit any complaints or other comments they wish to make to the Service Provider using the contact details provided at the beginning of these Terms and Conditions (General Information).
Furthermore, pursuant to the provisions of Article 40.5 of Law 7/2017 of 2 November, should a dispute arise from the conclusion of this purchase contract between the Service Provider and the Customer, the Customer may request out-of-court dispute resolution, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
You can access this method via the following website: https://consumer-redress.ec.europa.eu/site-relocation_en?event=main.home.chooseLanguage
26. GOVERNING LAW AND JURISDICTION.
This contract shall be governed by Spanish law, which shall apply to any matters not provided for herein, in relation to interpretation, validity and enforcement.Notwithstanding the foregoing, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I), if the consumer has their habitual residence in another EU Member State, the choice of Spanish law shall not result in the consumer losing the protection afforded by provisions that cannot be excluded by agreement under the law of their country of habitual residence.
In the event of any conflict or discrepancy arising in the interpretation or application of these contractual terms and conditions, the parties submit to the courts and tribunals of the consumer’s place of residence.
In the event of a sale made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Gijón (Spain).
27. VACCINIUM ASHEI SALES LICENCE
GARCIA VILLAR BERRIES S.L., whose trade name is Arándanos El Cierrón, is a sub-licensee for certain varieties of blueberry plants of the genus Vaccinium ashei, commonly known as ‘Rabbiteye’ or ‘Ojo de conejo’, throughout the European Union.
Arándanos el Cierrón is authorised to sell these products through traditional channels and also via e-commerce through its website.
These varieties and their respective codes (in brackets) are as follows:
- Centra Blue (F130)
- Skyblue (F111)
- Velluto Blue (F128)
- Ochlockonee (ochlockonee)
- Titan (T-959)
- Overtime (ZFK-218)