Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS 

Introduction

This contractual document shall govern the General Conditions for contracting products (hereinafter, "Conditions") through the website www.newgarden.es, www.newgardenshop.us, owned by NEWGARDEN SPAIN S.L. under the trademark NEWGARDEN, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this website. 

These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to keep them if he/she wishes to do so, as well as to read them periodically, since those in force at the time of placing orders will be applicable. The PROVIDER shall file the electronic document where the purchase is formalized and shall keep it at the USER's disposal in case he/she requests it. 

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws. 

The acceptance of this document implies that the USER: 

You have read, understand and comprehend the above.

Is a person with sufficient capacity to contract. Assumes all obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website..

The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted or purchased by the USER is NEWGARDEN SPAIN S.L., with registered office at AV. FRANCIA, 5, P.I. LAS SALINAS, 30840 ALHAMA DE MURCIA (MURCIA), NIF B98434665 and with customer service telephone 968978806.

On the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.

The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the USER at soporte@newgarden.es so that the PROVIDER corrects them as soon as possible.

The USER will be able to keep his/her data updated by accessing his/her user account.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of December 5

(LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
6. Competition.
7. General information about the offer.
8. Price and term of validity of the offer.
9. Transportation costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
    
    

1. GENERAL CONTRACTING CLAUSES

Unless otherwise specified in writing, placing an order with the PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not ship any order until it has verified that payment has been made.

Goods will normally be shipped via REDUR, DASHER, TDN, UPS or any other transport agency collaborating with NEWGARDEN, according to the destination freely designated by the USER. >The type of delivery guaranteed is street-level delivery. The order will be delivered to the customer at street level and will not be delivered to or taken up to their home, office, or premises. If you would like to request a quote for home delivery, please contact soporte@newgarden.es. >Shipping will be made once the availability of the goods has been confirmed and payment for the order has been verified.

The delivery time will be between 2 and 10 working days, depending on the destination and the payment method chosen. The expected date of shipment and delivery will be provided prior to order confirmation. This period may be extended depending on the particularities of the product and/or shipping address. span>

Failure to execute the distance contract

If the contract cannot be fulfilled because the product or service contracted is not available within the specified period, the USER will be informed of the lack of availability and that they are entitled to cancel the order and receive a full refund of the amount paid at no cost, without any liability for damages attributable to the PROVIDER. p>

The PROVIDER shall not be liable if the product or service is not delivered because the information provided by the USER is false, inaccurate or incomplete.

Delivery shall be deemed to have been made when the carrier has made the products available to the USER and the USER or their representative has signed the delivery receipt document. >The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple statement, demand that the PROVIDER remedy such lack of conformity, reduce the price or terminate the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall be entitled to suspend payment of any outstanding part of the price of the product purchased until the PROVIDER complies with the obligations set out in this contract. ">It is the USER's responsibility to check the products upon receipt and to note any reservations or complaints that may be justified on the delivery receipt document.

3. RIGHT OF WITHDRAWAL

The user may revoke the purchase or withdraw from the contract within 14 calendar days without justification. The withdrawal period will expire 14 calendar days after you or a third party indicated by you, other than the carrier, acquired physical possession of the goods. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement. You have the option of completing and sending the withdrawal form or any other unequivocal statement via soporte@newgarden.es or this form. We will notify you without delay, on a durable medium, of the receipt of such withdrawal.

If the reason for the return is that the item returned is defective or does not correspond to what was requested in the order, NEWGARDEN SPAIN, S.L. will bear the costs of the return and new shipment.

If the reason for the return is that you are not satisfied with the order:

• We will refund the amount, including delivery costs (except for delivery costs if you have chosen an option other than standard delivery, in which case only the costs assigned by the website for standard delivery will be refunded) without undue delay
• The refund will be made no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
• You must bear the direct cost of returning each item.
  
  TRANSPORT COSTS FOR COLLECTION OF EACH PRODUCT (MAINLAND SPAIN AND BALEARIC ISLANDS):
  For other countries, please consult soporte@newgarden.es.

• The refund will be made using the same means of payment used in the initial transaction, unless you have expressly stated otherwise, and provided that this does not involve additional costs.
• The company reserves the right to withhold the refund until it has received the goods, or until you have provided proof of their return, whichever condition is met first.
• span>

Exceptions to the right of withdrawal

The right of withdrawal shall not apply to contracts for the supply of goods made to the consumer's specifications or clearly personalized or custom-made. The product description shall expressly indicate those that are made to order at the customer's request.

The right of withdrawal shall also not be applicable when the item returned is not exactly the one purchased, has been unsealed after delivery, is not in perfect condition, or has been opened or used. “> *If the customer decides to send the defective product at their own expense, the customer will be responsible for the return shipping costs.

Jute curtains and sails (esparto blind/awning, shade sail (coconut fiber) products) are handmade by a craftsman at the time of purchase. This is a customized product manufactured ad hoc, therefore there is no right of withdrawal. If the USER has any questions, they can contact soporte@newgarden.es. If the product arrives with any problems, it is covered by the warranty.

The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, and which are listed here

The right of withdrawal is regulated in the Article 102 of Royal Legislative Decree 1/ 2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for exercising this right will end twelve months after the expiry date of the initial withdrawal period, in accordance with , in accordance with Article 105 of RDL 1/2007.

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

The PROVIDER shall have Complaint Forms available to users or consumers who request them, as required by current legislation. They can be accessed by requesting them through the PROVIDER's contact details indicated below. span>

Even if not through a Complaint Form, any complaint that the USER considers appropriate will be dealt with as soon as possible. p>

Contact addresses for complaints:

Postal: NEWGARDEN SPAIN S.L., AV. FRANCIA, 5, P.I. LAS SALINAS, 30840 ALHAMA DE MURCIA (MURCIA)

Telephone: 618 61 65 77

Email: soporte@newgarden.es

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage in dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute. >Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. The fulfillment of the obligation shall be delayed until the cessation of the force majeure event. >6. JURISDICTION

The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale. ">If any provision of these conditions is considered null and void or impossible to comply with, the validity, legality, and compliance of the rest shall not be affected in any way, nor shall they be modified in any way.

7. GENERAL PROVISIONS OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Terms and Conditions. >No modification, alteration or agreement contrary to the PROVIDER's Commercial Proposal or to the provisions herein shall be effective, unless expressly agreed in writing by the PROVIDER, in which case these specific agreements shall prevail.

8. PRICE AND VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. Unless expressly stated otherwise, these prices do not include shipping or communication costs, handling or any other additional services related to the product purchased. The prices applicable to each product are those published on the website and are expressed in EURO. The USER accepts that the economic value of some of the products may vary in real time. Prices may change daily until the order is placed. Once the order has been placed, prices will remain the same regardless of product availability. p>

All payments made to the PROVIDER will result in an invoice being issued in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be sent automatically by email in PDF format after payment and confirmation of the order. “color: #808080;”>For any information about the order, the USER may contact customer service by phone at 618 61 65 77 or by email at soporte@newgarden.es

9. TRANSPORT COSTS

The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless expressly agreed otherwise in writing. p>

Shipping costs will be calculated when the basket or quote is saved, as they are calculated based on the weight of the products and the delivery address. > Shipping

The products purchased will be delivered to the person and address indicated. >SHIPPING TO THE PENINSULA AND BALEARIC ISLANDS
. 10 € (FREE for purchases over 50€)
. Delivery within 3 to 5 days for most of our products (some products are shipped within 1-3 days, as indicated on the product page)

SHIPPING TO FRANCE, GERMANY, AND ITALY
. €15 (FREE for purchases over €50)
. You must select the appropriate language from the top menu to complete your purchase if you want to receive your order in one of these countries.

10. PAYMENT METHODS, CHARGES, AND DISCOUNTS

The PROVIDER is responsible for financial transactions and offers the following methods of payment for orders:

• Credit card
• PayPal
• Bank transfer
• Klarna

The USER may use a discount coupon prior to completing the purchase if they have received one from the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these ends, the user/customer agrees that the provider may obtain data for the purpose of authenticating access controls. span>

The PROVIDER undertakes not to allow any transaction that is considered illegal by credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them. #808080;">The sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder(s) is prohibited under the card brand programs.

11. PURCHASE PROCESS

Any product in our catalog can be added to the shopping cart. The basket will only show the items, quantity, price, and total amount. Once the basket has been saved, taxes, charges, and discounts will be calculated based on the payment and shipping information entered. p>

Shopping carts have no administrative link; they are simply a section where you can simulate a quote with no obligation on either party.

From the shopping cart, you can place an order by following these steps to complete the process:

1. - Check the billing information.
2. - Place the order (purchase).

Once the order has been processed, the system sends an email to the PROVIDER's management department and another to the USER's email address confirming that the order has been placed.

Orders (purchase requests)

Prior to order confirmation, information will be provided on the status of the order and the approximate shipping and/or delivery date. p>

12. SEVERANCE AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is deemed illegal, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions. p>

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations set forth in this contract or any legal provision, license, regulation, directive, code of practice, or policy applicable to it.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. GUARANTEES AND RETURNS

Guarantees shall be governed by the provisions of the section entitled “Guarantees and after-sales services” of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, which can be accessed by clicking here

All our products have at least a three-year legal warranty, for which NEWGARDEN SPAIN, S.L. is responsible as the seller of the product, under the terms established by law. Similarly, manufacturers offer a commercial warranty that may sometimes improve the terms and conditions of the legal warranty. It is therefore very important that you read the warranty conditions for each product and keep the proof of purchase, as you will need them to benefit from the warranty. p>

Defects caused by negligence, knocks, improper use or handling, unsuitable voltage, incorrect installation not carried out by the authorized Technical Service when applicable, or materials subject to wear and tear through normal use are not included. p>

In incidents that justify the use of the warranty, we will opt for repair, replacement of the item, a discount, or a refund, under the terms established by law. p>

To make a claim under the warranty, please contact us by phone at 618 61 65 77 or send us an email to the following address: soporte@newgarden.es.

Consumer affairs

You can file a complaint with consumer affairs. You can download the form at the following link: link, fill it out, and send it to us by email at soporte@newgarden.es.

Communications

If users wish to make any enquiries or complaints, they should contact NEWGARDEN SPAIN, S.L., with registered address at Avda. Francia, 5 – 15. Pol. Ind. Las Salinas de Alhama, 30840, Alhama de Murcia (MURCIA), email soporte@newgarden.es and telephone 618 61 65 77.

APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by and interpreted in accordance with Spanish law in matters not expressly provided for herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the domicile of the provider (if not considered a consumer for the purposes of the TRLGDCU) or of the user (if considered a consumer for the purposes of the TRLGDCU).

ANNEX I. WITHDRAWAL FORM.

For the attention of:

Name: NEWGARDEN SPAIN S.L.

Tax ID Number: B98434665

Address: AV. FRANCIA, 5, P.I. LAS SALINAS, 30840 ALHAMA DE MURCIA (MURCIA)

Phone: 618 61 65 77

Email: soporte@newgarden.es

Details of the goods/services to be withdrawn:

Contract/order/invoice number:

Contract/order/invoice date:

Date of receipt of the product/service:

Description of the product/service:

Consumer/user details:

Name:

Address:

Town:

* Telephone:

* Email:

(* optional information)

Right of withdrawal: You may exercise your right of withdrawal within the period of 14 days established by law from the day following the date of a service contract or the day of receipt of a product. span>

In accordance with Article 102 et seq. of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, I hereby inform you that I am withdrawing from the contract for the sale of the goods/services described above within the established period. I would therefore appreciate it if you could contact me using the contact details provided to notify me that this request has been processed.

Date of request:

Signature of consumer/user: