General conditions
1. Scope of application.
The General Conditions are intended for the purchase of products and services carried out remotely via the Internet from the website managed by the company.
These General Conditions of Sale will apply to all deliveries made by MANZANO JIMENEZ PLANTAS SL, or on behalf of its website www.gardencapcana.com, unless different conditions are established in the Specific Offers.
2. Acceptance of the general conditions of sale.
2.1. The Client, with his purchase order, unconditionally accepts and undertakes to comply with the general and payment conditions in his relations with the virtual store, stating that he has read and accepted all the instructions that were given to him in the terms of the aforementioned regulations, and also take into account that the virtual store itself is only bound by the conditions previously established in writing.
2.2. The sale and supply of products by MANZANO JIMENEZ PLANTAS SL is subject to these general contracting conditions (the “Conditions”, and the contract between the Client and GARDEN CAP CANA governed by these Conditions will be designated as the “Contract”) , without applying any other different or additional conditions that may be contained in any order order, document or other communication (the “Order”) and that modify, alter or contradict the terms of this Agreement. No term or condition that is included in a pre-printed form in any other client document, such as Orders or confirmations, will alter or complement the terms of this Agreement, even in the event that GARDEN CAPA CANA has not proceeded to object to said additional terms or conflictive.
3. Obligations of the client.
3.1. The General Conditions of Sale must be examined ONLINE by Customers visiting the website and the virtual store before confirming their purchases. Therefore, sending the order confirmation implies absolute knowledge of these General Conditions of Sale and its total acceptance. The Client undertakes, once the online purchase process has been completed, to print and keep these general conditions of sale, already read and accepted during the purchase process carried out, to fully comply with Spanish Law.
3.2. The Client will be solely responsible, exonerating GARDEN CAP CANA as far as appropriate, for any damages resulting from improper use, storage, conservation or manipulation of the Products; in particular when he has not observed the indications, warnings or instructions that GARDEN CAP CANA. have been able to provide you in this regard.
3.3. Any information about the Products (including, for example, technical or other instructions and advice, advertising indications, technical specifications, their functions, their classification for the purposes of export and import controls, their uses or their compliance with legal or other requirements) are provided by GARDEN CAP CANA “as is”, without GARDEN CAP CANA. assume no responsibility or guarantee for the same. Such information is not part of the properties of the Product. GARDEN CAP CANA makes no representation or warranty regarding the accuracy or completeness of the Product information, and ASSUMES NO LIABILITY WHATSOEVER IN RELATION TO ANY PRODUCT INFORMATION. GARDEN CAP CANA recommends that the Client validate any information related to the Product before any use or action based on said information. All Product information is subject to change without prior notice. GARDEN CAP CANA also assumes no responsibility for typographical or other errors, nor for possible omissions in product information.
4. Place an order in the virtual store
The Client purchases the products, available as described ONLINE in the relative descriptive and technical sheets, at the price INCLUDING VAT. Before confirming the purchase to the Client, the unit cost of each preselected product will be recapitulated, the total cost in case of purchasing more than one product. Upon confirming the purchase, and at the end of the transaction, the Customer will receive information on the Number, Date and Total Amount of their Order.
5. Payments.
5.1. Payment for the purchased products and the related shipping costs will have to be made by the customer when sending the order confirmation by credit or debit card, bank transfer.
If the bank transfer is not made, the order will not be taken into consideration. The customer may also opt for cash on delivery payment only in cases where the online store allows it and the customer agrees to pay a complementary commission that GARDEN CAP CANA will inform them in advance.
5.2. Additional commissions for payment on delivery for deliveries: €4.00
5.3. In the event of total or partial non-payment of the price of any order of Products, on the due date, in application of Law 3/2004 of December 29, Article 5, the overdue and unpaid amount will accrue the corresponding late payment interest without no need for expiration notice or any intimation from GARDEN CAP CANA in addition to the Customer being responsible for the return costs that GARDEN CAP CANA may incur. Likewise, GARDEN CAP CANA will be authorized to suspend or cancel pending deliveries of Products to the Customer. , as long as the order whose payment is due and payable is not paid, or to require advance payment of any new order.
6. Availability and delivery of products.
The delivery date will take place when payment has been made or when the merchandise is ready for delivery/shipment. Delivery times are approximate and a delay in delivery does not in any case contemplate a possible claim for damages.
7. Transportation
The client will not be able to indicate the means of transport by which he wishes to receive the merchandise; This will be sent by the means that our firm deems appropriate.
The client can and must consult the shipping rates in the “Shipping Costs” section of this website, for which the Client will be solely responsible, exonerating GARDEN CAP CANA for any claim.
The merchandise will always travel postage paid charged on invoice or due at your expense, according to the instructions indicated by the client.
8. What to do when you receive your order?
1. Verify receipt of shipment.
2. Verify that the product corresponds to the order and that it has no apparent damage. If everything is in order, accept the delivery.
3. If the product does not correspond to what you ordered or if it has external damage, reject the order indicating the problem.
4. Send an e-mail to the virtual store within 24 hours to indicate the problem.
9. Generalities
9.1. Placing an order in the online store implies acceptance by the customer of these legal conditions. No stipulation made by the client may differ from those of The online store if it has not been expressly accepted in advance and in writing by The online store.
9.2. An order is not final until it is accepted by the online store.
9.3. All liability of GARDEN CAP CANA for damages caused by defects in the Products is excluded, except when it is expressly obliged to do so by virtue of applicable mandatory law, such as in cases of death or bodily injury. Thus, GARDEN CAP CANA will not be responsible for damages such as indirect damages, loss of profits, loss of production or profits.
9.4. In any case, if GARDEN CAP CANA is obliged to assume any responsibility for damages suffered by the Client, it will be limited to an amount equivalent to the amount corresponding to the order of the Product causing the damage, unless an applicable mandatory law imposes GARDEN CAP CANA a higher quantitative limit.
10. Prices
10.1. The published prices are valid except in cases of typographical error or lack of stock. The prices shown for the products INCLUDE VAT. Shipping costs are not included.
10.2. Packaging is included in the price unless expressly indicated.
10.3. GARDEN CAP CANA may modify the sales prices of the Products at any time. The increase in the sales price will not affect those orders for Products in progress, which have been previously accepted by GARDEN CAP CANA. In the event that the Client places an order for Products with an incorrect price, GARDEN CAP CANA will communicate the correct price and, where appropriate, its acceptance to place the order, provided that the Client expressly confirms it (with the correct price). in the next two days.
10.4. Prices are subject to change at any time. The prices only express the value of the Products and do not include taxes, shipping costs, freight or customs duties, as well as any other type of charges or costs, such as those related to special packaging and labeling of the Products, permits, certificates. , customs declarations and registrations (collectively, the “Additional Costs”). Additional Costs will be borne by the Client.
11. Payment Conditions
The products and services will be paid by bank transfer or credit or debit card as long as these are implemented on the website, operational and accessible. Likewise, the online store guarantees that European legislation will be complied with when it comes to having the necessary security measures for the provision of bank details. You can also choose to pay on delivery only if the Online Store allows it.
12. LOPD
For the purposes of the provisions of the regulations on the protection of personal data, the online store informs the User of the existence of a file of personal data of users (customers) who enter their data on the Corporate Website created with the purpose of carrying out information, training and commercial promotion of the services of the online store. Likewise, The online store informs you about the possibility of exercising the rights of access, rectification, cancellation and opposition of the personal data included in the aforementioned file. The online store undertakes to comply with its obligation to secrecy of personal data and its duty to store it, and will adopt the necessary measures to prevent its alteration, loss, processing or unauthorized access, taking into account, in any case, of the state of technology.
13. Shipping
13.1. The online store will not send any product until the Commercial Department has verified that the payment has been made, or the customer's commitment to do so with cash on delivery.
13.2. The delivery will be considered made when the Website has made the products available to the customer and the customer has accepted the delivery receipt document. It is the customer's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the Web email.
13.3. The online store strives to respect the indicated delivery times. However, its delay will not imply the cancellation of the order or any compensation. Any late penalty clause entered by the customer in their order is void.
13.4. The online store will always try to send the products through the system chosen by the store. However, in the event of transport failures beyond the control of the online store, it reserves the right to resend them by any means it deems appropriate if necessary to fulfill its commitments.
13.5. Delivery times are indicated for each product, but may be subject to availability due to dates or lack of stock.
13.6. Any modification to the delivery date by the Client must be expressly accepted by GARDEN CAP CANA.
13.7. GARDEN CAP CANA reserves the right to interrupt the delivery of ordered merchandise, without incurring any liability, in the event of non-payment when due by the Client of any outstanding amount or in the event of financial insolvency of the Client.
13.8. The delivery of the products will always be in full purchase form, with no splits due to the nature of the products, unless expressly requested by the customer.
13.9. GARDEN CAP CANA will deliver the Products according to the agreed terms.
13.10. Title and risk of loss will pass to Customer upon delivery of the Products to the carrier. Any delivery date provided by GARDEN CAP CANA should be understood only as an estimate, which depends on the timely receipt of supplies. GARDEN CAP CANA will not be responsible for any delay that may occur in delivery. GARDEN CAP CANA reserves the right to make partial deliveries, in which case the Client must accept said delivery and pay for the Products delivered. Delay in delivery of any part of an Order shall not give the Customer the right to cancel other deliveries.
14. Claims and returns
14.1. Any claim for damage to the merchandise must be brought to our attention within 24 hours of receipt of the shipment, in order to proceed with the corresponding claim to the carrier.
14.2. In case of return due to error in shipping or for reasons attributable to GARDEN CAP CANA, shipments with postage due will not be accepted. Our firm will take care of the corresponding procedures, both to remove the erroneous merchandise and to replace the correct one.
14.3. Any claim due to lack of shipment or error in shipment must be notified within a maximum period of 7 days from the date of shipment of the material.
14.4. The customer will not have the right to request a return if they have not reported the error/defect by sending an e-mail to Customer Service info@gardencapcana.com within 24 hours of receiving the order to inform us of the problem.
14.5. The products supplied by GARDEN CAP CANA. They will be used exclusively for the uses indicated by the respective manufacturer. The Client will be solely responsible for the consequences that may arise from the use of the products supplied.
14.6. Claims for damages made by the client for any reason when there is no serious fault or pain are expressly excluded.
14.7. The Customer's agreement regarding the delivered quantity of Products with respect to an order in question will be made by signing the corresponding delivery note at the same time of delivery. If the Client does not make a claim regarding a possible quantity defect at the time of receiving the Products, GARDEN CAP CANA will not assume any responsibility.
14.8. The Customer must examine the Products as soon as possible after receipt to verify their conformity with the type of Product ordered and the absence of apparent or hidden defects in them. In any case, after receiving the Products, the Client will have a period of 24 hours. to claim GARDEN CAP CANA for a possible difference in type of the Products delivered with those ordered or for the existence of an apparent defect in them. If the Client detects a possible internal or non-apparent defect in the Products, the period available to complain to GARDEN CAP CANA will be 7 days after receipt.
15. Guarantees
15.1. GARDEN CAP CANA guarantees the quality and reliability of the products, ending this when the merchandise has been modified, manipulated or disassembled, since any modification is understood to be made under the responsibility of the client.
Terms and Conditions
