General sales conditions of New Garden System in the online store, which can be accessed through the website www.mypot.eu
This document establishes the general conditions of the contractual relationship which aims the purchase and sale of products of New Garden System SL, owner of the domain and store www.mypot.eu with registered office in C / Ramon y Cajal 31 of Villanueva Mesia Granada, With CIF B-19553478 by natural and / or legal persons (hereinafter CUSTOMER) who declare their willingness to buy the products and services found it on the website www.mypot.eu through the request made via the internet through that website.
These requests from users constitute the particular conditions associated with these general conditions that the CLIENT must necessarily accept telemetrically prior to the purchase of the product. The present conditions are exposed through the web site www.mypot.eu for the CLIENT to read, prints, archives and accept it. The CLIENT can’t buy the product until accept this conditions. The CLIENT will always have these general conditions in a visible site of the web.
The present general conditions attached to the request of the specific products made by the CLIENT - particular conditions - imply the formalization of the purchase and sale contract between New Garden System S.L and the CLIENT who claims to have read, understood and accepted these conditions.
FIRST-SUBJECT OF CONTRACT-
According this contract, New Garden System commits to deliver to the client the product has been ordered, through the website www.mypot.eu in return for payment.
SECOND-RIGHTS AND OBLIGATIONS OF OFICCEPAPER-
2.1Product delivery. - NEW GARDEN SYSTEM S.L commit to deliver the product in perfect condition at the address indicated by the CLIENT in the form which contains the particular conditions that are attached to these general conditions. NEW GARDEN SYSTEM S.L will not be responsible for errors caused in the delivery when the data entered by the CLIENT in the order form are not realistic or have been committed.
2.2NEW GARDEN SYSTEM S.L Responsibility. - Under no circumstances shall be liable in relation to:
2.2.1 Errors, delays in access by the CLIENT when entering your data in the order form, slowness or the inability to receive the receipt of the order confirmation by the recipient or any anomaly that may arise when these incidents are due to problems with Internet, causes of accidental event or force majeure and any other unforeseen contingency beyond the good faith of the company. In any case NEW GARDEN SYSTEM S.L commits to solve the problems that may arise and to offer all the necessary support to the CLIENT to arrive at a quick and satisfactory solution of the incidence.
2.2.2 The errors or damages caused by a use of inefficient and bad faith service by the CLIENT.
2.2.3 The non-operability of the email address provided by the CLIENT to send the order confirmation within 24 hours from the time it is made.
2.2.4 NEW GARDEN SYSTEM SL has the absolute responsibility for the quality of the products admitting the return of the same as long as these products are defective or don’t arrive to the CLIENT in correct condition NEW GARDEN SYSTEM SL will be responsible, in this case, for the incurred cost as a result of this return, provided the CLIENT communicates this fact, within 7 days from the date of delivery and the product hasn’t been consumed or altered in any case. NEW GARDEN SYSTEM SL is exempted for any breakages or defects related with product produced after its delivery, likewise, NEW GARDEN SYSTEM SL will have no responsibility in relation to those products that have already been consumed without any type of incidence on the part by the CLIENT who intends to make a claim. The CLIENT, before signing the delivery of the order must ensure that the packaging arrives in perfect condition, without blows or any type of deterioration. It is the CUSTOMER's obligation to refuse the order if the packaging is damaged. The CLIENT expressly disclaims any contractual or extra contractual claim for any damages arising from previously stated in this clause. In any case, if it breaches what is indicated in this agreement according to the terms of these general conditions the responsibility of New Garden System will be limited to the change of the product or to refund the amount that the client has paid, and always previous return by the CLIENT of the product concerned.
THIRD-RIGHTS AND OBLIGATIONS OF THE CLIENTS-
3.1 Payment. - The CLIENT agrees to pay in advance the amount for the product actually requested in the following amount and form:
3.1.1. Amount. - The remuneration for the product actually requested by the CLIENT depending on the product requested will be the indicated on the website and that appears in the specific request of the CLIENT at each moment, requests that will constitute the particular conditions of the order. NEW GARDEN SYSTEM S.L will send the confirmation of the order and its total amount within 24 hours. The prices of the products that appear on the website always appear with VAT included. The price on the website for all products offered will be added to the relevant shipping costs. The CUSTOMER can choose between two shipments methods:
- Thought the logistic operator or transport agency: will have a higher price that will be indicated in the order confirmation and with a delivery period will be within 7 working days maximum for domestic shipments (Except Canarias, Ceuta and Melilla).
Custom-made or special-manufactured products will have a variable delivery period according to each situation. This information must be communicated to the CLIENT when placing the order.
As the tariffs haven’t been applied by New Garden System, these tariffs will always offer by the companies depending the shipment´s address and weight. New Garden System S.L will always inform previously the overall cost of the product and the shipping to the CLIENT in the purchase request confirmation.
3.1.2 PAYMENT METHODS. - The CLIENT must pay the amount corresponding to the service contracted through:
- Credit card whose data will be entered through the secure server of BANCO POPULAR
- Bank transfer: by payment into the Banco Popular 0075 0386 10 0600129730 account.
3.2 Withdrawal. - The products offered in NEW GARDEN SYSTEM S.L admit right of withdrawal provided the product is returned in the same conditions in which it was delivered and with the packaging in perfect condition. The deadline to give up is 7 days from receipt of the order. The return shipping costs will always be paid by the CLIENT. The amount to be paid will be made by nominative bank check to the person to whom the invoice or bank transfer has been issued.
3.3 CUSTOMER’S responsibility. - The CLIENT assumes all deterioration risk, damage, and loss of goods from the moment they have been made available by the third that, on behalf of NEW GARDEN SYSTEM SL, makes the delivery of the products requested.
FOURTH. – PERSONAL DATA PROTECTION:
4.1 Information for the users of the existence of a file and consent solicitation for the automated processing of the data. The personal data appearing the form provided by the USER in the forms that contain the website, NEW GARDEN SYSTEM SL strictly complies with current regulations established by Law 15/1999 on the Protection of Personal Data and other legislation that it develops and informs to the USER that the data refer will be included within a file for its automated processing, providing the USER his consent by accepting these general conditions to make this treatment.
4.2 Data’s purpose
The purpose of this file is to manage your contractual relationship with us, as well as the carrying out of promotional and advertising activities performed by us or third parties trough any medium , such a telephone or sending commercial messages through SMS, etc., which may be of your interest, from the study and segmentation the data collected during the navigation through the website, the data provided by completing any form, as well as those derived from the business relationship or delivery of the products purchased. If you don’t want to receive advertising, just log in to your account and deactivate the sending of Newsletter and information.
4.3 Compulsory data entry: The fields with an asterisk * in the forms are those that require a compulsory answer. If you don’t fill these fields, the consequence would be inability to buy or request the information that is needed.
4.4 Rights of access, rectification, cancellation and opposition: The USER who enters his personal data in the different registration forms will have full entitled to exercise his rights of access, rectification, cancellation and opposition at any time by requesting it to email@example.com or post mail to 31, Ramon y Cajal of Villanueva Mesia Granada Spain NEW GARDEN SYSTEM S.L. In any case, NEW GARDEN SYSTEM SL reiterates that it committed to the respect and absolute confidentiality in the collection and processing of personal data for the USER can always know which data is in NEW GARDEN SYSTEM SL and how are been using trough to send an e-mail at firstname.lastname@example.org or requesting it by ordinary post mail to the direction indicated above. All your comments and suggestions are extremely valuable to us in order to improve our data protection system.
4.5.-Responsible for data processing.-
The responsible for data processing is NEW GARDEN SYSTEM S.L, 31, Ramón y Cajal of Villanueva Mesia Granada Spain has duly registered its file with the Data Protection Agency.
4.6.-Transfer of data.-
NEW GARDEN SYSTEM S.L informs the USER that the only communications of the data that can be made are the logics for the purpose which they were introduced as well as communications related to the project of New Garden System S.L
NEW GARDEN SYSTEM S.L assures the absolute personal data confidentiality and privacy collected and for this reason, essential security action have been adopted to avoid alteration, loss, treatment or unauthorized access and guarantee its integrity and security. NEW GARDEN SYSTEM SL will not be responsible in any case of the incidences that may arise regarding the personal data when it derive either from an attack or unauthorized access to the systems in such a way that it is impossible to detect by the implemented security measures Or when it is due to a lack of diligence of the USER in regard to the guard and custody of their access codes or their own personal data.
4.8 Data Veracity.- The USER is responsible for the data veracity, committing doesn’t enter false data and if necessary, to proceed to the modification of these either requesting it directly at email@example.com or accessing the private area from which can be modified.
The products presented on the website are in accordance with Spanish legislation. NEW GARDEN SYSTEM S.L responsibility cannot be invoked in the case of products aren’t conforming to the legislation of the countries to which they could be sent according to the client's order. It is therefore for customers outside Spain to verify the possibility of importing or using the products that they request. The access to the website will be voluntary, and therefore, the responsibility of the user, who will be responsible for any direct or indirect effect derived from the website, including, without limitation, any Adverse economic, technical and / or legal result, as the defrauding of the expectations generated by our website, forcing the user to hold NEW GARDEN SYSTEM SL harmless for any claims derived directly or indirectly from such events. NEW GARDEN SYSTEM SL is not liable for any damages deriver from interferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operational of the electronic system or in the users' computer equipment, related for reasons beyond to NEW GARDEN SYSTEM SL, whose can prevent or delay the provision of services or browse the web, or delays or blockages caused by deficiencies or overloads at the use of Internet or other electronic systems, or the Inability to provide the service or allow access for reasons not attributable to www.mypot.eu, associated with the user, third parties, or circumstances of force majeure. NEWGARDENSYSTEM .com or .es does not control, in general, the users' use of the website. In particular, NEW GARDEN SYSTEM SL doesn’t guarantee under any circumstances that users use the website in accordance with the law, these General Conditions, morality and generally accepted good practices and public order, or do so in a diligently and prudently.
SIXTH.-COPYRIGHT AND TRADEMARKS-
All contents published in the store and especially the designs, texts, graphics, logos, icons, buttons, as well as software, trade names, trademarks or industrial designs and any other signs susceptible of industrial and commercial use are subject to intellectual and industrial property rights of NEW GARDEN SYSTEM SL or of third owners of the same that have duly authorized its inclusion in the website. At no time, Shall it be understood any license is granted or any waiver, transmission, total or partial transfer of such right or confer any right or right expectation are effected, in particular, alteration, exploitation, reproduction, distribution or public communication of such contents without the express prior permission of NEW GARDEN SYSTEM SL or the corresponding owners. It is forbidden, therefore, the use of the website of. NEW GARDEN SYSTEM S.L for public or commercial purposes, so it will not be possible to exploit, reproduce, distribute, modify, publicly communicate, assign, transform or use the content of the website.
It is expressly prohibited the introduction of hyperlinks for commercial purposes in web pages outside NEW GARDEN SYSTEM S.L, that allow access to our website, without prior consent. In any case, the hyperlink existence outside of our web page don’t involve commercial or business relations exist with the owner of the web page where the hyperlink is established, or the acceptance by OFFICEPAPER of its contents or services.
SEVENTH.- JURISDICTION AND APPLICABLE LAWS
These general conditions are governed by Spanish law. They are competent to resolve any controversy or conflict arising from these general conditions the Courts of Granada expressly waiving the USER any other jurisdiction that may correspond.
EIGHTH.- In case any clause of this document is declared null, the other clauses will remain in force and will be interpreted bearing in mind the will of the parties and purpose of these conditions. NEW GARDEN SYSTEM S. may not exercise any of the rights and privileges granted on this document which it implies the waiver unless expressly consent by NEW GARDEN SYSTEM S.L.