Terms of sale

GENERAL CONTRACT CONDITIONS

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website www.newgarden.es, property of NEWGARDEN SPAIN SL under the commercial brand of NEWGARDEN, hereinafter, PROVIDER, whose data contact information are also included in the Legal Notice of this Website.

These Conditions will remain published on the website available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by THE PROVIDER. It is the USER's responsibility to keep them if they wish, as well as to read them periodically, since those that are in force at the time of placing orders will be applicable. THE PROVIDER will file the electronic document where the purchase is formalized and will have it available to the USER in case the USER requests it.

The contracts will 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.

Acceptance of this document means that the USER:

You've read, you understand and you're agree with this text.

It is a person with sufficient capacity to hire. Assume all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted or acquired by the USER is NEWGARDEN SPAIN SL, with registered office at AV. FRANCE, 5, PI LAS SALINAS, 30840 ALHAMA DE MURCIA (MURCIA), NIF B98434665 and with customer service telephone number 968978806

And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for 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 sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.

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

Data rectification

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the email support@newgarden.es so that THE PROVIDER can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Hiring 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 processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and 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 will select a username and password, committing to make diligent use of them 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 it proceeds to immediate blocking.

Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services 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. Claims and online dispute resolution.
5. Force Majeure.
6. Competence.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transportation expenses.
10. Payment method, expenses and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
    
    

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the

LENDER.

2. SHIPPING AND DELIVERY OF ORDERS

THE PROVIDER will not send any order until it has verified that payment has been made.

Shipments of merchandise will usually be made through REDUR, DASHER, TDN, UPS or any other transport agency collaborating with NEWGARDEN, according to the destination freely designated by the USER.

Shipping will be made once the availability of the merchandise has been confirmed and payment for the order has been verified.

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

Failure to execute the remote contract

If the contract cannot be executed because the contracted product or service is not available within the expected period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without resulting in any liability for damages attributable to the PROVIDER.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document.

The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple statement, demand that said lack of conformity be corrected, the price reduced or the contract terminated. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER will have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.

It is the USER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.

3. RIGHT OF WITHDRAWAL

The user may revoke the purchase or withdraw from the contract within 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from when you or a third party indicated by you, other than the carrier, acquired material 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 model withdrawal form or any other unequivocal statement through support@newgarden.es or this form . We will inform you without delay, on a durable medium, of receipt of said withdrawal.

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

If the reason for the return is that the order does not satisfy you:

• We will refund the amount, including delivery costs (except delivery costs if you have chosen an option other than ordinary delivery, in which case only the costs assigned by the website for ordinary delivery will be refunded) without any 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 assume the direct cost of returning each of the goods.
  
  TRANSPORTATION COSTS COLLECTION FOR EACH PRODUCT (PENINSULA AND BALEARIC ISLANDS):
  For other countries, contact support@newgarden.es.

• The refund will be made using the same payment method that was used in the initial transaction, unless you have expressly agreed otherwise, and as long as it does not entail additional costs.
• The company reserves the right to withhold the refund until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.

Exceptions to the right of withdrawal

The right of withdrawal will not apply to contracts that refer to the supply of goods made in accordance with the specifications of the consumer and user, clearly personalized or made to order. The product description will expressly indicate those that are made to order at the client's request.

The right of withdrawal will also not be admitted when the item being 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 on his own, the customer will be responsible for the return costs.

The jute curtains and sails (product Esparto Blind/Awning, Shade Sail (coconut fiber)) are handmade by an artisan at the time of purchase. This is a personalized product manufactured ad-hoc, so there is no right of withdrawal. If the USER has any questions, they can contact support@newgarden.es. If the product arrives with a problem, the warranty covers you.

The right of withdrawal will not be applicable 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 article 102 of Royal Legislative Decree 1/2007 , of November 16, which approves the consolidated text of the General Law for the Defense 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 regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

The PROVIDER will have Complaint Forms available when required by current legislation, available to users or consumers who request it. You can access them by requesting them through the PROVIDER's contact information indicated below.

Even if it is not through a Claim Form, any claim that the USER considers appropriate will be attended to as soon as possible.

Contact addresses for complaints:

Postcard: NEWGARDEN SPAIN SL, AV. FRANCE, 5, PI LAS SALINAS, 30840 ALHAMA DE MURCIA (MURCIA)

Telephone: 618 61 65 77

Email: support@newgarden.es

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of THE PROVIDER or to what is stipulated herein will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.

Once the order is placed, prices will be maintained whether products are available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be automatically sent by email in PDF format after payment and order confirmation.

For any information about the order, the USER may contact the customer service telephone number 618 61 65 77 or via email to the address support@newgarden.es

9. TRANSPORTATION EXPENSES

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 at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.

Shipping

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

SHIPMENTS TO THE PENINSULA AND THE BALEARIC ISLANDS
. €10 (FREE on purchases over €50)
. Delivery of 3 to 5 days on most of our products (there are products with 1-3 day shipping, indicated on the product)

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

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:

• Credit card
• PayPal
• Wire transfer
• Klarna

The USER may use a discount coupon at the time prior to completing the purchase if it has been received by the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the user/client accepts that the provider obtains data for the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

The sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards is prohibited under the card brand programs.

11. PURCHASE PROCESS

Any product from our catalog can be added to the cart. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.

From the basket you can place an order by following the following steps for its correct formalization:

1. - Checking billing information.
2. - Checking the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy).

Once the order is processed, the system sends an email to the PROVIDER'S management department and another to the USER's email confirming the placement of the order.

Orders (purchase requests)

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

12. DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practices or policies that are applicable to it.

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

13. GUARANTEES AND RETURNS

The guarantees will respond to what is regulated in the Title referring to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here

All our products have at least three years of legal guarantee, for which NEWGARDEN SPAIN, SL is responsible as the seller of the product, under the legally established terms.

Likewise, manufacturers offer a commercial guarantee that, sometimes, can improve the terms and conditions of the legal guarantee. That is why it is very important that you read the warranty conditions of each product, and save the proof of purchase, since they will be necessary to benefit from the warranty.

Deficiencies caused by negligence, knocks, improper use or manipulation, unsuitable tension, incorrect installation not carried out by the authorized Technical Service when applicable, or materials subjected to wear and tear due to normal use are not included.

In those incidents that justify the use of the guarantee, the option will be to repair, replace the item, discount or return, under the legally established terms.

To make the guarantee effective, contact us at telephone number 618 61 65 77 or send us an e-mail to the following address support@newgarden.es.

Consumption

You can submit a consumer complaint form. You can download the sheet at the following link , fill it out and send it to us by email to support@newgarden.es.

Communications

In the event that the user wants to make any type of query or claim, they will have to contact NEWGARDEN SPAIN, SL, with address at Avda. Francia, 5 – 15. Pol. Ind. Las Salinas de Alhama, 30840, Alhama de Murcia ( MURCIA), e-mail support@newgarden.es and telephone 618 61 65 77 .

APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the domicile of the provider (if he is not considered a consumer for the purposes of the TRLGDCU) or the user. (if you are considered a consumer for the purposes of the TRLGDCU).

ANNEX I. WITHDRAWAL FORM.

For the attention of:

Name: NEWGARDEN SPAIN SL

NIF: B98434665

Address: AV. FRANCE, 5, PI LAS SALINAS , 30840 ALHAMA DE MURCIA ( MURCIA )

Telephone: 618 61 65 77

Email: support @newgarden.es

Details of the good/benefit to be withdrawn:

Contract/order/invoice number:

Contract/order/invoice date:

Date of receipt of the product/service:

Product/service description:

Consumer/user data:

Name:

Home:

Population:

* Phone:

* Email:

(*non-mandatory data)

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

In accordance with article 102 et seq. of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, I inform you that I withdraw of the contract of sale of the good/service described above within the established term, so I would appreciate it if you would contact me using the contact information provided, to notify me that this request has been processed.

Application date:

Signature of consumer/user: