Terms of Sale

These conditions of sale  regulate marketing by INVERSIONES JARDIN DE NERJA, S.L. (hereinafter “JARDÍN DE NERJA”) of products through its store on the website https://www.jardindenerja.com.

These Conditions of Sale regulate the relations between JARDÍN DE NERJA and the private user, in the purchase of the products offered in the Store.

The User undertakes to read these Conditions of Sale before placing any order in the Store. We will consider that, by completing the purchase process established in the Store, the User will have read and accepted, without reservation, these Conditions of Sale.

JARDÍN DE NERJA may modify these Conditions of Sale at any time. Each purchase is governed by the Conditions of Sale applicable on the date of the order. The date at the beginning of these Conditions of Sale indicates the date of its last revision, which will be applicable from its publication.

Unless expressly stated otherwise, these Conditions of Sale do not limit the Conditions that regulate access to and use of the Website, which are also applicable to the User. Likewise, with regard to the collection and use of personal data, the Privacy Policy is applicable.

1. THE PRODUCTS AND SERVICES

The selection of products offered in JARDÍN DE NERJA is valid as long as the products are visible on the website, with the available stock limits.

JARDÍN DE NERJA may decide at any time the offer of Products and Services in the Store, offering new Products and Services (to which, unless otherwise established, these Conditions of Sale apply) or ceasing to offer any of the Products and Services until then offered in the Store.

If the User wishes to purchase a Product or Service, they only have to follow the instructions that appear in the Store, applying any condition or term that is shown during the contracting process of the specific Product or Service.

2. PRICES AND BILLING

The prices of the Products and Services are shown in the Store in euros (unless another currency is specified in relation to a transaction) and include, where appropriate, the Value Added Tax at the national level. Shipping costs in the Spanish peninsula are free from €299.

JARDÍN DE NERJA reserves the right to modify the prices of Products and Services at any time, although it will apply the price in force in the Store at the time the order is placed by the User.

The User will always be solely responsible for any import duties or taxes that may be applicable to the receipt of the Product or Service, being his sole responsibility to find out the import duties and/or taxes that may be applicable before to make a purchase in the Store.

3. LOG-IN OR SIGN UP

To place your order, the User must enter as a user of the Website, through his username and password, in the customer area "My Account". If you are not a user of the Website, the User must register. Next, to proceed with the order, the User must provide the information requested during the process, such as delivery and/or billing address and tax identification number, following the instructions that appear on the screen.

4. PAYMENT

The User can pay for the Products and Services that he wishes to acquire with a Visa or Mastercard credit card, Transfer or by PayPal. To make the payment, the User must follow the instructions that appear on the screen.

JARDÍN DE NERJA works to ensure the security of transactions with our clients and for this reason we only work with the safest means of payment. All communications with sensitive data are secured by means of an SSL certificate (.Secure Socket Layer), a security protocol that ensures that the data travels in an integral and secure manner, that is, the transmission of data between a server and a web user, and in feedback, is fully encrypted or encrypted.

4b payment gateway: When making the payment with a VISA or Mastercard card, the charge on the card will be made at the time of making the purchase. In the event that the POS informs of the refusal of the card, the order will be automatically cancelled, informing the customer online of the cancellation. For payments made with cards issued outside of Spain, it is necessary that the issuing bank is covered by the Secure Electronic Commerce Security Protocol (CES). Payments with cards that do not meet this requirement will not be accepted. As an alternative we propose the transfer payment. JARDÍN DE NERJA reserves the right to reject any operation carried out with a credit card. In this case we will proceed to refund the cash on the original card. In these cases and if the client is interested in progressing in the purchase of the items, we will request a bank transfer.

Transfer payment: You can make a bank transfer to the following account:

Banco Santander, Account Number: IBAN ES92 0049 1418 0020 1007 2111

Beneficiary: Inversiones Jardín de Nerja, s.l.

For transfers received from abroad, you must provide the issuer with the BIC code:

BIC / SWIFT CODE: BSCHESMM

It is very important that in the SENDER or ORDER field you indicate the following: Order number and your name and surname.
You have a period of 7 working days to order the transfer after placing your order. The order will not be considered effective until we confirm the corresponding income and therefore, delivery times begin to count from this date.

Pay by Paypal: If the customer has a Paypal account, they can pay for their purchase by accessing their account at the time of confirming the order.

5. CONFIRMATION

At the end of the order, the summary of the order will be offered, so that it can be reviewed by the User before its acceptance. Once the order is accepted by the User, a screen or email will confirm the correct processing of the order. Additionally, the User will be able to access the history of the operations carried out in the Store, accessing the corresponding section of their account in the store or their User profile within the Website "My Account".

Likewise, in the shortest possible time and no later than twenty-four (24) hours after accepting the order, in compliance with the provisions of the Information Society Services Law, the User will be sent an acknowledgment of receipt by email. to the address indicated in the order.

In relation to certain transactions, JARDÍN DE NERJA will send the invoice to the User automatically by email. On other occasions, a physical copy of the invoice will be included with the product shipped. In any case, any User may request the corresponding invoice by email addressed to info@jardindenerja.com

6. SHIPPING AND DELIVERY TIMES FOR PHYSICAL PRODUCTS

If the merchandise is in stock, the term is 24/48 hours for articles with a volume of less than 1 m3, and 3-5 days for articles with a volume greater than 1 m3. If, on the other hand, we do not have stock, we will make a request to the supplier, estimating a period of 5 to 10 working days depending on the supplier.

These terms are computed on working days -from Monday to Friday- since JARDÍN DE NERJA does not carry out expeditions on holidays, Saturdays or Sundays. In the event that there is a stock out or occasional unavailability of an item, JARDÍN DE NERJA will contact the user to immediately communicate a new delivery period or, if it is not possible to serve said product, proceed to cancel it. and reimbursement of the amount thereof. In any case, a delay in delivery with respect to the indicated deadlines will not entitle the client to demand any compensation.

Currently, JARDÍN DE NERJA also serves orders to any territory of the European Union with a prior quote for shipping costs. For these cases we only need to know what items they are and the zip code to which those items are sent. Contact us at our email: info@jardindenerja.com and within a period not exceeding 24 hours we will contact you to communicate the price of the shipment.

Upon receiving the Physical Product, the User must verify that it is in accordance with his order and that it is in perfect condition. If you do not agree with the Physical Product delivered or its condition, you must indicate the anomalies on the carrier's delivery note. In addition, the User must communicate their claim through an email addressed to info@jardindenerja.com  within twenty-four (24) hours of receipt of the Physical Product.

JARDÍN DE NERJA is not responsible for a delay or loss of the shipment caused by persons outside the transport contract, by the User or by force majeure.

7. WITHDRAWAL AND RETURNS

In relation to Physical Products, the User has thirty (30) business days from receipt to resolve the purchase and return the Physical Product with which they are not satisfied, without justification or penalty. To do this, the User must communicate their withdrawal to JARDÍN DE NERJA, by email to: info@jardindenerja.com  , identifying in the subject "Return", and indicating in the email, simply, your intention to return the Physical Product, your contact information and the identification of the order. Next, you must send the Physical Product to the address of JARDÍN DE NERJA, together with the invoice, running the costs of said return at your own expense. The returned Physical Product must be in perfect condition and in its original packaging, with all its manuals and accessories. The User will be responsible for any possible damage suffered by the Physical Product during transport. After verifying compliance with these conditions, JARDÍN DE NERJA will proceed to reimburse you for the amount of the product, discounting transport costs. The cost of shipping the new product will be calculated as if it were a new order.

The refund will be made within a maximum period of 7 days, paid in the payment method in which the User has paid for the Physical Product.

In the case of total or partial payments made through discount-bonds, these cannot be reimbursed in cash or by transfers, or by card. The reimbursement of purchases made using discount vouchers will be made exclusively through a discount voucher of the same amount as that paid with said means of payment.

JARDÍN DE NERJA will retain in its warehouses and will reserve the right to pay the amount of those orders that, due to non-compliance with the conditions described above, being for exchange or return, cannot be put back on sale. The client will have the right to recover his order by taking charge of the shipping costs, either by his personal courier or through ours (paying the costs).

In the case of orders out of stock that are made at the express request of the client, there will be no possibility of returning the product.

8. GUARANTEE

In the event of a defective product, JARDÍN DE NERJA must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free for the consumer and user. According to Article 123 of the Consolidated Text of the General Law for the defense of consumers and users, "the seller is responsible for the lack of conformity that manifests itself within a period of two years from delivery." Likewise, section 5 of article 123 recognizes that: "The consumer and user must inform the seller of the lack of conformity within a period of two months from when he became aware of it."

9. GENERAL INFORMATION AND CONTACT DETAILS

In the event that any of the provisions contained in these Conditions of Sale is declared invalid, it will be withdrawn or replaced. In any case, said declaration of nullity will not affect the validity of the rest of the provisions contained in these Conditions of Sale.

JARDíN DE NERJA is registered in the Mercantile Registry of Malaga, volume 2955, folio 107, page number MA-53559, with N.I.F. number B72764673 and address at Ctra. Malaga-Almeria, km. 290, 29780 in Nerja, Malaga, Spain. You can contact JARDíN DE NERJA at the email address: info@jardindenerja.com.

IMPORTANT

SHIPMENTS ARE CARRIED OUT BY TRANSPORT COMPANIES OUTSIDE JARDÍN DE NERJA, THEREFORE, THE CARRIER WILL MAKE THE DELIVERY AT THE LEVEL OF THE STREET AND IS NOT OBLIGATED TO PLACE THE GOODS INSIDE THE HOUSE OR TO ASSEMBLE IT.

Consequences of withdrawal
You must return or deliver the goods directly to us or to Ctra. Málaga-Almería Km 290 29780 Nerja (Málaga), without undue delay and, in any case, no later than the
within 14 calendar days from the date you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired.
You will only be responsible for the decrease in value of the assets resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.