General terms and conditions
In order to comply with Article 10 of Law 34/2002 on Information Society Services and Electronic Commerce, we inform the user of our data:
- Company Name: Talleres Alfonso y Fernando S.L
- Registered Office: Carrer del Transport, 7, 03830 Muro d’Alcoi, Alicante
- CIF / NIF: B53717559
- Telephone: 966 51 73 70
- E-mail: info@jardindehierro.com
- Registration Details: REGISTERED IN THE COMMERCIAL REGISTRY OF ALICANTE, VOLUME: 2595, FOLIO: 129, ENTRY: 1, SHEET: A-73525
- Website: www.jardindehierro.com
This document (as well as any other documents mentioned herein) governs the conditions by which that govern the use of this Website (www.jardindehierro.com) and the purchase or acquisition of products and/or services thereon (hereinafter, Terms and Conditions).
For the purposes of these Terms and Conditions, the activity that Jardín de Hierro carries out through the Website is understood to include:
Marketing and distribution of garden decoration products.
In addition to reading these Terms and Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy and the privacy and data protection policy of Jardín de Hierro.
By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all the aforementioned. Therefore, if you do not agree with all of them, you should not use this Website.
Furthermore, you are hereby notified that these Terms and Conditions may be modified. The User is responsible for consulting these Terms and Conditions each time they access, browse, and/or use the Website, as those in effect at the time they request the purchase of products and/or services will apply.
For any questions the User may have regarding the Terms and Conditions, they may contact the owner using the contact information provided above or, where appropriate, using the contact form.
THE USER
Access, browsing, and use of the Website confers the status of user (hereinafter referred to, interchangeably, individually as User or jointly as Users). Therefore, from the moment they begin browsing the Website, they accept all the Terms and Conditions established herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as applicable.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
Using this Website only to make inquiries and make legally valid purchases or acquisitions. Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered, it may be cancelled and the relevant authorities will be notified.
Provide truthful and lawful contact information, for example, email address, postal address, and/or other information (see Legal Notice and General Conditions of Use).
The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. Jardín de Hierro does not guarantee that the Website complies with the laws of other countries, either in whole or in part.
Jardín de Hierro declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.
The User may, at their discretion, formalize the purchase agreement for the desired products and/or services with Jardín de Hierro in any of the languages in which these Conditions are available on this Website.
PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website using the established methods and methods. They must follow the online purchase and/or acquisition procedure at www.jardindehierro.com, during which various products and/or services may be selected and added to the shopping cart, basket, or final checkout area, and finally, click on “Complete Purchase.”
The User must also complete and/or verify the information requested at each step. During the purchase process, before making payment, purchase details may be modified.
The User will then receive an email confirming that Jardín de Hierro has received their order or request for purchase and/or service provision, i.e., the order confirmation. They will also be informed by email when their purchase is being shipped. If applicable, this information may also be made available to the User through their personal account on the Website.
Once the purchase process has been completed, the User agrees that the Website will generate an electronic invoice, which will be sent to the User via email and, where applicable, through their personal account on the Website. Furthermore, the User may, if desired, obtain a paper copy of their invoice by requesting it from Jardín de Hierro using the contact information on the Website or through the contact information provided above.
The User acknowledges that, at the time of purchase, they are aware of certain specific conditions of sale pertaining to the product and/or service in question, which are displayed next to the presentation or, where applicable, the image of the product and/or service on the Website page. These conditions include, but are not limited to, the following, depending on the case: name, price, components, weight, quantity, color, product details, or characteristics, the method of delivery and/or the cost of services. and acknowledges that placing the purchase order or acquisition constitutes full and complete acceptance of the specific terms and conditions of sale applicable to each case.
Communications, purchase orders, and payments involved in transactions carried out on the Website may be archived and kept in Jardín de Hierro’s computerized records to constitute proof of the transactions. In all cases, these transactions must comply with reasonable security conditions and the applicable laws and regulations in force, particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018 of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights, as well as the rights granted to Users pursuant to this website’s privacy policy.
AVAILABILITY
All purchase orders received by Jardín de Hierro through the Website are subject to product availability and/or to the availability of any circumstances or force majeure (clause nine of these Terms and Conditions) affecting the supply of products and/or the provision of services. If difficulties arise regarding the supply of products or products are out of stock, Jardín de Hierro undertakes to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes impossible.
PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise indicated and applied by legal requirement, especially regarding VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Jardín de Hierro provides delivery and/or shipping services through various shipping agencies.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods are: credit or debit card or bank transfer.
Jardín de Hierro uses all means to ensure the confidentiality and security of payment information transmitted by the user through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards are subject to verification and authorization by the issuing bank. If said bank does not authorize the payment, Jardín de Hierro will not be responsible for any delay or non-delivery and will not be able to enter into any contract with the User.
Once Jardín de Hierro receives the User’s purchase order through the Website, a pre-authorization will be made on the corresponding card to ensure sufficient funds are available to complete the transaction. The card will be charged at the time the shipping confirmation and/or confirmation of the service provided are sent to the User, in the manner and, where applicable, at the specified location.
If the payment method is PayPal, a gift card, or a credit card, the charge will be made at the time Jardín de Hierro sends confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking “Complete Purchase,” the User confirms that the payment method used is theirs or that, where applicable, they are the legitimate holder of the gift card or credit card.
DELIVERY
In cases where physical delivery of the purchased item is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
Except in cases of unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason attributable to Jardín de Hierro, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance. The User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.
If delivery of the order is impossible due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining the location of the order and how to arrange for a redelivery.
If the User will not be at the delivery location during the agreed-upon time slot, they must contact Jardín de Hierro to arrange a delivery date.
If 30 days have passed since their order was available for delivery and it has not been delivered for reasons not attributable to Jardín de Hierro, Jardín de Hierro will understand that the User wishes to withdraw from the contract, and the contract will be deemed terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for any additional costs resulting from the User’s choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 days from the date the contract is deemed terminated.
However, the User must be aware that shipping costs resulting from the termination may incur additional costs, which may be passed on to the User.
For the purposes of these Terms and Conditions, delivery or the order will be deemed to have been delivered when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the User signing the receipt at the agreed delivery address.
Any risks arising from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Jardín de Hierro receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs after Jardín de Hierro has received the full amount due.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory applicable to Spanish VAT if the delivery address is within Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally applicable rate at any given time, depending on the specific item in question.
TECHNICAL MEANS TO CORRECT ERRORS
The User is hereby informed that if they detect an error when entering the data necessary to process their purchase request on the Website, they may modify said data by contacting Jardín de Hierro through the contact spaces provided on the Website and, where applicable, through those provided for contacting customer service, and/or using the contact information provided in the first clause (General Information).
In any case, before clicking “Complete Purchase,” the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights
RETURNS
In cases where the User purchases products on or through the Owner’s Website, they have a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within 14 calendar days without providing any justification.
This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the Jardín de Hierro Website, or if the goods comprising their order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods comprising the same purchase order.
To exercise this right of withdrawal, the User must notify Jardín de Hierro of their decision. They may do so, where appropriate, through the contact spaces provided on the Website or through:
Jardín de Hierro “Talleres Alfer S.L”
C/ El Transport nº 7, 03830 Muro d’Alcoi, Alicante
Spain
Telephone: 966 517 370
Email: info@jardindehierro.com
Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally state their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template that Jardín de Hierro makes available on its Website; however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding deadline expires.
In the event of withdrawal, Jardín de Hierro will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Jardín de Hierro is informed of the User’s decision to withdraw.
Jardín de Hierro will reimburse the User using the same payment method used to make the initial purchase transaction. This refund will not generate any additional costs for the User. However, Jardín de Hierro may withhold said reimbursement until it has received the products or items purchased, or until the User provides proof of their return, whichever condition is met first.
The User may return or send the products to Jardín de Hierro at:
C/ El Transport nº 7, 03830 Muro d’Alcoi, Alicante Spain
The User must do so without undue delay and, in any case, no later than 14 calendar days from the date Jardín de Hierro was informed of the withdrawal decision.
The User acknowledges that they must bear the direct cost of returning the goods (transportation, delivery), if any. Furthermore, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. These exceptions, by way of example and not exhaustive, would include: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that, for hygiene or health reasons, are sealed and have been unsealed after delivery.
The provision of a service that the User may contract on this Website is governed by this same law. This law establishes that Users will not have the right to withdraw when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by Jardín de Hierro, they will have lost their right of withdrawal.
In any case, no refund will be issued if the product has been used beyond its mere opening, for products that are not in the same condition as when they were delivered, or that have suffered any damage after delivery.
Furthermore, products must be returned.
Products using or including all original packaging, instructions, and any accompanying documents, as well as a copy of the purchase invoice.
The withdrawal form template can be accessed at the following link:
Return of defective products or shipping errors
This applies to all cases in which the User believes that, at the time of delivery, the product does not conform to the terms of the contract or purchase order. Therefore, they must contact Jardín de Hierro immediately and inform them of the existing nonconformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed how to proceed with the return of the products. Once returned, the products will be examined, and the User will be informed, within a reasonable timeframe, whether a refund or, if applicable, a replacement is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for products returned due to a defect, when one actually exists, will be fully refunded, including delivery costs and any costs the User may have incurred in making the return. The refund will be made using the same payment method the User used to pay for the purchase.
In any case, the rights recognized by the legislation in force at any given time for the User, as a consumer and user, will always apply.
Warranties
The User, as a consumer and user, enjoys warranties on the products purchased through this Website, under the legally established terms for each type of product. Jardín de Hierro is therefore liable for any lack of conformity that becomes apparent within two years of delivery of the product.
In this sense, the products are deemed to conform to the contract provided that: they conform to the description provided by Jardín de Hierro and possess the qualities presented therein; they are suitable for the uses for which products of the same type are ordinarily intended; and they present the quality and performance typical of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section on Return of Defective Products or Shipping Errors. However, some of the products sold on the Website may have non-uniform characteristics, provided that these characteristics are derived from the type of material used to manufacture them. Therefore, these characteristics are part of the product’s individual appearance and are not considered defects.
Furthermore, the User may purchase a product from a brand or manufactured by a third party on the Website. In this case, and if the User considers the product to be defective, they may also contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them within two years of delivery of said products. To do so, the User must retain all information regarding the product warranty.
DISCLAIMER
Except as otherwise provided by law, Jardín de Hierro will not accept any liability for the following losses, regardless of their origin:
Any losses that were not attributable to any breach on its part.
Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred).
Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between the parties.
Likewise, Jardín de Hierro also limits its liability in the following cases:
Jardín de Hierro applies all measures to provide an accurate display of the product on the Website; however, it is not responsible for minor differences or inaccuracies that may exist due to a lack of screen resolution, problems with the browser being used, or other similar issues.
Jardín de Hierro will act with the utmost diligence to make the product subject to the purchase order available to the company in charge of shipping it. However, it is not responsible for damages arising from a misrepresentation of the product.
The operation of transportation, especially due to causes such as strikes, roadblocks, and, in general, any other causes specific to the sector, which result in delays, loss, or theft of products.
Technical failures that, for fortuitous or other reasons, prevent the normal operation of the online service. Unavailability of the Website for maintenance or other reasons, which prevents the service from being available. Jardín de Hierro uses all means at its disposal to carry out the purchase, payment, and shipping/delivery of the products. However, it is exempt from liability for causes beyond its control, such as acts of God or force majeure.
Jardín de Hierro will not be liable for the misuse and/or wear and tear of products used by the User. At the same time, it will not be liable for an incorrect return made by the User. It is the User’s responsibility to return the correct product. In general, Jardín de Hierro will not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:
Strikes, lockouts, or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
Inability to use trains, ships, aircraft, motor transport, or other means of transport, whether public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Thus, the obligations will be suspended for the duration of the force majeure event, and Jardín de Hierro will have an extension of the deadline for fulfilling them for a period equal to the duration of the force majeure event.
Jardín de Hierro will use all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure event.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with Jardín de Hierro will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that Jardín de Hierro sends electronically comply with the legal requirements of being in writing. This condition will not affect the User’s statutory rights.
The User may send notifications and/or communicate with Jardín de Hierro through the contact information provided in these Terms and, where applicable, through the contact areas on the Website.
Likewise, unless otherwise stipulated, Jardín de Hierro may contact and/or notify the User by email or at the postal address provided.
WAIVER
No waiver by Jardín de Hierro of any specific right or legal action, or the failure by Jardín de Hierro to require strict performance by the User of any of its obligations, shall constitute a waiver of any other rights or actions arising from a contract or these Terms, nor shall it exonerate the User from compliance with its obligations.
No waiver by Jardín de Hierro of any of these Terms or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
NULLITY
If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, unaffected by said declaration of nullity.
ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referenced herein constitute the entire agreement between the User and Jardín de Hierro in relation to the subject matter of the sale and replace any other agreement, understanding, or promise previously agreed upon verbally or in writing by the same parties.
The User and Jardín de Hierro acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except for those expressly mentioned in these Terms and Conditions.
DATA PROTECTION
The information or personal data that the User provides to Jardín de Hierro during a transaction on the Website will be treated in accordance with the provisions of the data protection policies.
Data (Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of said information and data and declares that all information and data provided is true and accurate.
APPLICABLE LAW AND JURISDICTION
Access, browsing, and/or use of this Website and any product purchase contracts through it shall be governed by Spanish law.
Any controversy, problem, or disagreement arising from or related to access, browsing, and/or use of the Website, or with the interpretation and execution of these Conditions, or with any sales contracts between Jardín de Hierro and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.
COMPLAINTS AND CLAIMS
The User may send any complaints, claims, or any other comments to Jardín de Hierro using the contact information provided at the beginning of these Conditions (General Information).
In addition, Jardín de Hierro has official complaint forms available to consumers and users, which they can request from Jardín de Hierro at any time, using the contact information provided at the beginning of these Terms and Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between Jardín de Hierro and the User, the User as a consumer may request an out-of-court dispute resolution process, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes. This method can be accessed through the website: http://ec.europa.eu/consumers/odr/.