By means of this document, they are established the general conditions of the contractual relationship that have by aim, the sale of products offered on the website www.naturnoa.com, property by Naturnoa Horticultura Sostenible, SL. (onwards THE SERVICE PROVIDER), established C/Traspalacio, 7, 33180 Noreña - Asturias, Spain, with CIF B74337106 and individuals (onwards CONTRACTING) who show the will to buy these products by means of the request carried via the Internet, through the web site.
These users requests constitute the specific conditions that are associated with the General Conditions that the CONTRACTING has to check before to buy any product. The present General Conditions are exposed through the website www.naturnoa.com, in order to they have to be read, printed, filed and accepted by the CONTRACTING, who can not buy the product without such consultation has occurred. The CONTRACTING always will have these General Conditions in a visible place on the web.
Any claim that the CONTRACTING needs to transfer to the SERVICE PROVIDER must be made by writing to the address indicated in the previous paragraph, or e-mail email@example.com.
For these General Conditions THE SERVICE PROVIDER, undertakes to deliver to the CONTRACTING the products it has requested through the website www.naturnoa.com in return for a certain price.
By purchasing the products on this website the CONTRACTING declare that:
1. It is a person of legal age and capacity to contract.
2. It has read, understood, and accepted these General Conditions.
These General Conditions are subject to the provisions to Law of Consumers and Users, 2007 (Royal Decree 1/2007 of 16 November), Law 7/1998 of 13 April on General Conditions Procurement. Both laws are designed to develop the EU Directive 93/13 / EEC about clauses in consumer contracts. Also, they meet the requirements of Law 7/1996 of 15 January, of the Retail Trade, Law 34/2002, of July 11, of Services of the Information Society, and the regulating the telephone and electronic procurement or with general conditions procurement (RD 1906/1999 of December 17). The data obtained for the success of procurement, are obtained and treated in compliance with Law of Personal Jurisdiction 15/1999, Dec 13th.
THE SERVICE PROVIDER reserves the right to modify these General Conditions at any time without prior warning to the CONTRACTING, in any case, is responsible for review as a prior requirement to the purchase of any product available through this page web. In any case, they are considered as valid and applicable the General Conditions that are exposed to the web when the CONTRACTING acquires the products. In case of contradiction between these General Conditions and the Special Conditions arising from the purchased product, the latter shall prevail unless the General be more beneficial to the consumer who has joined them to make the purchase, in which case prevail the presents Conditions.
4.1. Product delivery. - THE SERVICE PROVIDER undertakes to deliver the product in perfect condition at the address that the CONTRACTING indicates in the order form, where are registered the specific conditions that are attached to these General Conditions. THE SERVICE PROVIDER isn't responsible for mistakes caused in the delivery when the data entered by the CONTRACTING in the order form aren't reals or have been omitted. The approximate delivery time for each product will be, which are indicated in the email confirmation of purchase. In case the product isn't in stock, the SERVICE PROVIDER will inform the CONTRACTING of the new deadline by email.
4.2. Responsibility of THE SERVICE PROVIDER. - THE SERVICE PROVIDER in no case will be responsible with relation to:
4.2.1. Mistakes or delays caused by the CONTRACTING when enter their data in the order form, slowness or inability to reception by the addressee of the order confirmation or any circumstance that may arise when these incidents are due to problems on the Internet, by fortuitous causes or force majeure and any unpredictable contingencies alien to the good faith of the SERVICE PROVIDER, or the proper working of its electronic trading system. In any case, the SERVICE PROVIDER is undertakes to solve problems that may arise and provide all necessary support to the CONTRACTING to reach a quick and satisfactory resolution of the incident, to enable compliance with the terms and conditions of sale.
4.2.2. Mistakes or damage caused by an inefficient use of the service and bad faith on the part of the CONTRACTING, or the falsehood of the data entered by the CONTRACTING at the time of placing the order.
4.2.3. Of no-operationality or problems with the electronic address provided by the CONTRACTING for the processing of the order confirmation.
4.2.4. Right of withdrawal: THE SERVICE PROVIDER recognizes to the CONTRACTING the right of withdrawal in the terms and times recognized in Articles 68-79 of the Law of Consumers and Users, 2007 (Royal Decree 1/2007 of 16 November) and in art. 10 of Law 7/1996 of 15 January, of the Retail Trade, under which, THE CONTRACTING who has the status of consumer may rescind the contract by notice to THE SERVICE PROVIDER in time legally established without requirement to justify its decision and without penalty of any kind, except the direct cost of returning the products and services provided, which in compliance with art. 101 of the Law of Consumers and Users, 2007 will bear by the CONTRACTING.
In the case to exercise the right of withdrawal which is recognized to the CONTRACTING who has the status of consumer, THE SERVICE PROVIDER will refund the amount paid by way of price and taxes, in the bank account number indicated by the CONTRACTING at the time of make the purchase. The direct cost of returning the item purchased, being a distance selling, are borne by the CONTRACTING.
The deadline for the excercise the right of withdrawal is seven working days from reception of the purchased item, and once exercised the THE SERVICE PROVIDER will have a maximum period of 30 days from the communication of withdrawal for refund the amounts paid to acquire the product.
In order to exercise this right is available to the CONTRACTING the mailing address firstname.lastname@example.org for notify THE SERVICE PROVIDER. The notification shall arrive prior to THE SERVICE PROVIDER, who will acknowledge receipt to the CONTRACTING . It may be by delivery to the address listed at the beginning of these General Conditions sending likewise, the corresponding product.In any case, The CONTRACTING shall bear the direct cost of returning the said product, as it is a distance selling. The CONTRACTING shall only be liable price of purchase when it return is impossible for loss, destruction or other cause preventing him from returning the item purchased, or the diminished value of the product is not a consequence of its use according to the nature of the article.
4.2.5. Warranties: THE SERVICE PROVIDER, undertakes to deliver the product in perfect condition and is exempt from whatever liability in connection with any breakages or defects in the product packages produced after its delivery to the CONTRACTING and which have been caused directly by this latter due to misuse of the product. THE SERVICE PROVIDER will respond for the conformity of the product sold with the data sheet that appears on the website at the time of purchase or to be delivered to the CONTRACTING, and proper operation. The CONTRACTING, before signing the delivery order must check that the product is in perfect condition. However THE SERVICE PROVIDER, won't respond by lack of conformity that THE CONTRACTING knew or could not reasonably be ignored at the time of the contract, or which are caused by an incorrect assembly of the product by the purchaser when the installation instructions have been delivered and descriptions are clear and without mistakes. It won't respond for all damages caused by the CONTRACTING over the purchased product due to improper use on his part.
4.2.6. Conditions: THE SERVICE PROVIDER responds during a period of one year starting from the delivery of the product, of any lack of conformity which is manifested, in relation to these General Conditions and the data sheet for the product purchased, but only the lack of conformity within six months after delivery of the product will presume that existed when the thing was delivered, unless evidence is presented to the contrary. In any case, the CONTRACTING has a period of seven days to inform THE SERVICE PROVIDER of lack of conformity with the product, from the moment it had been detected. The breach of that period, although not entail loss of the right to sanitation appropriate, will causes that, the CONTRACTING will be responsible for the damages actually incurred by the delay in communication the lack of conformity. If the product isn't in conformity with the contract, the contractor may choose between demand the repair or replacement, unless one of these two options is objectively impossible or disproportionate. In cases of of lack of conformity with the product, repair or replacement will be free for the CONTRACTING who has the legal status of consumer and user in accordance with applicable regulations. It should be conducted within a reasonable time.
When the repair or replacement aren't possible, the CONTRACTING may demand a price reduction or termination of the contract, but in no case shall the resolution when the lack of conformity is minor.
5.1. Payment. - The CONTRACTING agrees to pay in advance the amount for the product requested in amount and following way:
5.1.1. Amount. - The payment for the product requested by the CONTRACTING according to the ordered product will be indicated in the website and that contained on the specific request of the CONTRACTING at all times, applications which will constitute the conditions of the specific order. The products prices which appear on the web site are always displayed including VAT. In addition to the price shown on the web site for each product offered, it must add them to the appropriate costs of sending. This rates, at no time are applied by THE SERVICE PROVIDER, they will always be the official bids for the state postal service or by courier companies THE SERVICE PROVIDER undertakes to inform the overall cost of both, product price and costs of sending, previously to the CONTRACTING before confirming the purchase itself and the email confirmation of it.
5.1.2. Payment methods. - The CONTRACTING must pay the corresponding amount to the product purchased, by cash on delivery, bank transfer or payment by PayPal.
5.2. CONTRACTING Responsibility. - In any case, it is responsibility of the CONTRACTING:
5.2.1. Bear all risks of deterioration, damage and loss of products from the time when these have been made available by the third party,that on behalf of the SERVICE PROVIDER, make the delivery of products ordered.
5.2.2. Check the package condition in front of the third party that, on behalf of the SERVICE PROVIDER, make delivery of the product ordered, indicating on the delivery note any anomaly that could detect on the packaging. If after reviewing the content, the CONTRACTING detect any incident such as blow, breakage or any damage caused by the referral, it undertakes to inform THE SERVICE PROVIDER in the shortest time possible.
6.1. Information to the CONTRACTING of the existence of file and request consent to the automated processing of data: In relation to personal data provided by the CONTRACTING to any forms it may have on its web site, THE SERVICE PROVIDER comply strictly the current regulations established by Law 15/1999 on Protection of Personal Data and other regulations that develop it and informs the CONTRACTING that the data will be included in a file for it automated processing, the CONTRACTING provides the consent to this treatment by accepting these General Conditions.
6.2. Treatment purpose: THE SERVICE PROVIDER collects certain personal data that are entered by the CONTRACTING in the form to formalize the sale of the products. THE SERVICE PROVIDER reports that automatically will manage this data. THE SERVICE PROVIDER will use these data for billing and sending the product and for the periodic sending of tenders and business information to the CONTRACTING. In any case, the data collected and processed by the SERVICE PROVIDER are essential for the purposes pointed above.
6.3. Enforceability for data entry: the fields in which a red box appears on the forms are those that require a compulsory reply and the consequence of not cover it would be the impossibility of refer the inquiry or perform the specific order.
6.4. Rights of access, rectification, cancellation and opposition: The CONTRACTING who enter its personal data in the several registration forms will have full right to exercise their rights of access, rectification, cancellation and opposition at any time asking for info@naturnoa,com or by snail mail to Naturnoa Horticultura Sostenible, SL, established C / Traspalacio, 7, 33180, Noreña (Asturias) - Spain, including in both cases copy of ID card or other document that provide the identity of the owner of data. THE SERVICE PROVIDER reiterates that undertakes to respect and absolute confidentiality in the collection and processing of personal data's CONTRACTING, stating their commitment not to transfer to third parties under any circumstances without the prior consent of the owners.
6.5. Security. - THE SERVICE PROVIDER ensures absolute confidentiality and privacy with personal data collected and for this reason has adopted essential security measures to prevent alteration, loss, or unauthorized acces and thus guarantee its integrity and security, especially those provided Royal Decree 994/1999 of June 11, by which is approved the Regulation of security measures for automated files containing data of a personal nature. THE SERVICE PROVIDER won't be liable in any way for the incidents that may arise around personal data where are derived from an attack or unauthorized access to the system so that it is impossible to detect by the security measures implemented or when due to a lack of diligence of the CONTRACTING in relation to the guard and custody of their passwords or their own personal data.
6.6. Truthfulness of data. - The CONTRACTING is responsible for the Truthfulness of their data, it undertake not to enter false data and to modify them if is necessary.
7.1. THE SERVICE PROVIDER under any circumstances not to be responsible for:
7.1.1. Mistakes and incidents that may happen in communications or incomplete transmissions so that there isn't guarantee that the web site services are constantly operational to make purchasing products offered.
7.1.2. The production of any damage and that the CONTRACTING or third parties might cause to the web site, hindering the normal development of operational purchase
7.2. THE SERVICE PROVIDER reserves the right to suspend the web site access without notice at their discretion and on a permanent or temporary, until ensure the effective responsibility for any damage that may occur. Likewise, THE SERVICE PROVIDER will work and will notify about these circumstances to the competent authority at the time that has credible knowledge that the damage constitutes any kind of illegal activity. Nevertheless, for those CONTRACTING who have acquired prior to the suspension product on the website, they are guaranteed the exercise of rights withdrawal, or derivatives of the lack of conformity of the product by postal or electronic communication to the addresses indicated in the heading of this document.
THE SERVICE PROVIDER reports that the Web www.naturnoa.com - own content, programming and Web-site design are fully protected by copyright, is expressly forbidden any reproduction, communication, distribution and transformation of the protected items, except express written consent the SERVICE PROVIDER.
These General Conditions are governed by Spanish law. To solve any controversy or dispute stem from of these General Conditions THE SERVICE PROVIDER submits to the criteria for determining competence established by the applicable legislation on consumers and users.
TENTH.- If any provision of these General Conditions is declared invalid, the other clause remain in full force, taking consider the will of the parties and the purpose of these conditions. THE SERVICE PROVIDER may not exercise any of the rights and faculties conferred on this document, which won't imply any renunciation of these except for explicit recognition by the service provider.
We remind the importance of revising the packaging and the product containing at the moment of receipt; in case of it detects any anomaly it should be reflected in the delivery note or invoice of the carrier and take pictures that reflect the incidence in order to accurately analyze. Then with all the papers, immediately notify writing to email@example.com.
To download the merchandise the CONTRACTING must have the necessary means such as an elevator or personal, it isn't responsibility or work to the carrier unloading your order or transport the package inside the home or premises, unless the product installation had been expressly contracted.
1. Check that the content of the packing slip correspond with the merchandise expected.
2. Check that the packaging is in perfect condition at the time of receipt, that includes the full metal strips without faults or repaired cuts, also check that there aren't openings in the plastic film that wraps the entire package. And note down that the package apparently didn't disclose any abnormality.
3. If you think the product don't come in good conditions, you have to record in writing in the delivery note, clearly explaining the incidence and take pictures that reflect the problem. WARNING: INVALID TARGET. "PENDING REVIEW OR EXCEPT EXAMINATION", when the poor conditions are evident, it should be much more specific, including explanatory text and ultimately contact our company or deny receiving.
1. In case of detecting any anomaly in the package, the person receiving the merchandise should reflect in writing on the carrier delivery note this problem. Indicating date and time of unload with a clear description of the problem identified and take photographs as a backup for later processing.WARNING: Invalid target in the delivery note; except examination or pending review, it should be much more specific including explanatory text and ultimately contact our company or to reject the reception
2. Once you have performed the procedure and having encountered a problem, you have to inform in writing to firstname.lastname@example.org about this disagreement attaching a delivery receipt copy where reflects the commentary the incidence detected and also photographs to support this disagreement, all in a period not exceeding the 8hrs receive it, this speed of response is which the insurer of the goods requires us, and is the ONLY way to demand the corresponding responsibilities because from the time the merchandise is received it will have 24 hours to perform the procedure, otherwise it will not be possible to demand any responsibility to the carrier company
As a company, we understand that service delivery is a fundamental pillar in the Client-Provider chain. For this reason we request your collaboration in this area as we understand it will bring mutual benefits.