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 USA LLC. 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 USA LLC, with registered office at 11 SAWBRIDGE CIRCLE, 77389, SPRING (TX), TaxPayer ID 32081771993 and with customer service email soporte@newgarden.es.

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 must be of legal age under U.S. law and register through the website by creating a user account. The USER must voluntarily provide the personal data required, which will be processed according to the PROVIDER’s Privacy Policy and applicable U.S. federal and state privacy laws, including, if applicable, the California Consumer Privacy Act (CCPA).

The USER shall select a username and password, keep them confidential, not disclose them to third parties, and notify the PROVIDER immediately in case of loss, theft, or unauthorized access.

Once the account is created, the contracting procedure will follow these steps:

  1. General contracting clauses.
  2. Shipping and delivery of orders.
  3. Return and refund policy.
  4. Complaints and dispute resolution.
  5. Force majeure.
  6. General information about the offer.
  7. Price and validity of the offer.
  8. Transportation costs.
  9. Method of payment, charges and discounts.
  10. Purchasing process.
  11. Termination or suspension of the contract.
  12. Warranties and returns.
  13. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

By placing an order with the PROVIDER, the USER accepts these Terms and Conditions. No USER stipulation may differ from these Terms unless expressly agreed in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

  • Orders are shipped only after payment is verified.

  • Shipping is via UPS, FedEx, USPS, or other collaborating carriers, to the street address provided by the USER. Delivery is street-level only. Home or office delivery may require additional fees; contact soporte@newgarden.es for quotes.

  • Estimated delivery times: 2–10 business days, depending on product and destination.

  • PROVIDER is not responsible for delivery failure if the USER provides false, inaccurate, or incomplete information.

  • Delivery is considered complete when the carrier makes the product available to the USER and the USER or authorized representative signs the delivery receipt.

Failure to execute the distance contract

If the product or service is unavailable, the USER will be informed and entitled to cancel the order with a full refund of amounts paid, at no cost and without liability to the PROVIDER.

The USER is responsible for inspecting the products upon receipt and noting any complaints or damage on the delivery receipt. The PROVIDER is liable for any defects present at delivery.

3. RETURN AND REFUND POLICY

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. 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 USA LLC 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 (US):
    For other countries, please consult soporte@newgarden.es.

- Product with packaging volume less than 0.30 m3 = $15
For example: alba, allegra, amalfi 80 hang, amalfi, amelio, azalea 30, azalea 40, balby 30 hang, benirras, bita, bora, bossa wall, bruna garland, buly 20, buly 30, buly 40, buly 50, buly 60, camelia 40, camelia 40, camelia 80, camelia high, camelia large, camomila 40, carmen 45, chelsea, cherry, chiara, chloe 35, chloe plant, claudy, clavel 40, cuby 20, cuby 32, cuby 40, cuby 45, edy, elba 59, enoki, faralay, ficus 60, ficus 80, fity 100, fity 160, fredo 140, gerbera 33, goa 40, grace 140, greta, gufo 20, gufo 40, helga 145, ivy, hydrangea 40, itaca, jara 60x20, jasmine 60, junco, kurby, lola 110, lola 20, lola 30, lola 45, lola slim 120, lola slim 30, luceo, magnolia 30, magnolia 45, magnolia 60, mallorca, melissa 30, melissa 30, melissa 50, melvin 55, narciso 35, narciso 40, narciso 40, narciso 60, norai, nova 45, nova 60, olivo high, olivo large, palma 38, palma 70, palmera, panchito, paquita farola, paquita wall, petra 40, petra 60, pinus 100, pompeya 120, positano, reona 30 hang, rocket 145, rocket 20, rocket 70, rodas, rosa 45, rosa 65, saona 30, saona 70, saona wall, simona, siroco, sisine 30 hang, sisine 30, sisine 70, sisine wall, snowy 100, snowy 40, sora, stella, tafy 38, tarida tab, tuby 140, tuby 38, tuby 70, violeta 30, violeta 40, violeta 55, wally.


- Product with packaging volume between 0.30 m3 and 1.1 m3 = €49
For example: aruba, bruna 165 cable, buly 80, capri 110, carmen 145, fredo 170, grace 170, konika 170, lola 165, lola 200, magnolia 80, martinica, menorca bench, narciso 80, niza 230, pancho, pepita 215 farola, rasa, rosa 75, tarida sit.


- Product with packaging volume between 1.2 m3 and 1.72 m3 = €90
For example: Capri 75, Creta 120, Formentera, Girasol 90, Ibiza 120, Jamaica, Magnolia 120, Magnolia 90, Menorca sofa, Narciso 100, Pinus 160, Sicilia 120, Sicilia 75.


- Product with packaging volume between 1.73 m3 and 2.3 m3 = $130
For example: Magnolia 130


- Product with packaging volume between 2.4 m3 and 4 m3 = €190
For example: Magnolia 160

  • 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.

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.

If the USER has any questions, they can contact soporte@newgarden.es. 

 

4. COMPLAINTS AND DISPUTE RESOLUTION

Users can contact PROVIDER by email: soporte@newgarden.es /hellousa@newgarden.es.


5. FORCE MAJEURE

Neither party shall be liable for delays or failure to perform due to events beyond their reasonable control (e.g., natural disasters, strikes, government restrictions). Obligations are postponed until the event ceases.

 

6. GENERAL INFORMATION OF THE OFFER

All sales and deliveries are subject to these Terms. Any deviations from the PROVIDER’s offer must be agreed in writing.


7. PRICE AND VALIDITY OF THE OFFER

  • Prices are in USD and do not include Sales Tax, which will be added based on the shipping address.

  • Prices may change until order confirmation.

  • Payments result in an invoice sent via email in PDF format.


8. 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.

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. 

The products purchased will be delivered to the person and address indicated.

SHIPPING TO THE US
 . $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)


9. 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
  • AmEx

Discount coupons may be applied if received from PROVIDER.

Security measures

Website uses SSL, firewalls, access control, and cryptography to protect data. PROVIDER will not process illegal transactions or those violating credit card rules.


10. PURCHASING 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. 

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. 

11. TERMINATION OR SUSPENSION OF THE CONTRACT

PROVIDER may suspend or terminate USER access for violations of these Terms or applicable law. Invalid provisions do not affect the remaining terms.


12. WARANTIES AND RETURNS

  • Products have at least 1-year legal warranty under U.S. law.

  • Manufacturer commercial warranties may apply.

  • Excluded: misuse, improper installation, accidents, improper voltage, normal wear.

  • Remedies: repair, replacement, discount, or refund.

  • Claims: Email soporte@newgarden.es.

 

13. APPLICABLE LAW AND JURISDICTION

  • Texas users: governed by Texas law

  • California consumers: governed by California law

  • Disputes: Texas or California courts, or binding arbitration under AAA rules.


ANNEX I. WITHDRAWAL FORM.

For the attention of:

Name: NEWGARDEN USA LLC

Taxpayer ID Number: 32081771993

Address: 11 SAWBRIDGE CIRCLE, 77389 SPRING (TX)

Phone: +12029607697

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)

Date of request:

Signature of consumer/user: