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Terms and Conditions of Purchase

Terms and conditions of sale

These sales conditions regulate the marketing by INVERSIONES COSTASUR DE LA AXARQUIA, S.L. (from now on “JARDÍN DE NERJA”) of products through its shop in the web site https://www.jardindenerja.com.

These Conditions of Sale regulate the relationship between JARDÍN DE NERJA and the private user, when buying products offered in the shop.

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

JARDÍN DE NERJA can 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 their last revision, which will be applicable from their publication.

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

  1. THE PRODUCTS AND SERVICES

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

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

If the User wishes to acquire a Product or Service, he/she only has to follow the instructions that appear in the Shop, and any condition or term that is shown during the process of contracting the specific Product or Service will be applicable.

  1. PRICING AND BILLING

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

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

The User shall always be solely responsible for any import duties or taxes that may be applicable to the receipt of the Product or Service and it is his sole responsibility to ascertain the import duties and/or taxes that may be applicable before making a purchase from the Store.

  1. REGISTRATION

To place an order, the User must log in as a user of the Website, using their username and password, in the customer area “My Account”. If you are not a user of the Website, you must register. Then, 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 on the screen.

  1. PAYMENT

The User may pay for the Products and Services he wishes to purchase by 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 therefore we only work with the safest means of payment. All communications with sensitive data are secured by SSL certificate (.Secure Socket Layer), security protocol that makes the data travel in an integral and safe way, ie, the transmission of data between a server and web user, and in feedback, is fully encrypted or unencrypted.

4b payment gateway: When paying by VISA or Mastercard, the card will be charged at the time of purchase. In the event that the POS informs of the refusal of the card, the order will be automatically cancelled, informing the customer of the cancellation online. For payments made with cards issued outside Spain, the issuing bank must adhere to 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 payment by transfer. JARDÍN DE NERJA reserves the right to refuse 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 customer is interested in progressing with the purchase of the items we will request a bank transfer.

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

Banco Sabadell, Account Number: IBAN ES74 0081 0548 9400 0157 1958

Beneficiary: Inversiones Costasur de la Axarquia, s.l.

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

BIC / CODE SWIFT: BSABESBB

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

Payment by Paypal: If the customer has a Paypal account, he can pay for his purchase by accessing his account when confirming the order.

  1. CONFIRMATION

At the end of the order, a summary of the order will be provided, so that it can be reviewed by the User before acceptance. Once the order has been accepted by the User, a screen or e-mail 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, by accessing the corresponding section of their account in the store or their User profile within the “My Account” website.

Likewise, as soon as possible and no later than twenty-four (24) hours after accepting the order, in compliance with the Information Society Services Act, an acknowledgement of receipt will be sent by e-mail to the User at the address indicated in the order.

For certain transactions, JARDÍN DE NERJA will automatically send the invoice to the User by email. On other occasions, a physical copy of the invoice will be included with the product sent. In any case, any User may request the corresponding invoice by e-mail to [email protected]

  1. SHIPPING AND DELIVERY OF PHYSICAL PRODUCTS

If the goods are in stock, the time limit is 24/48 hours for items with a volume of less than 1 m3, and 3-5 days for items with a volume of more 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. To these must be added the delivery times that the transport operators we work with may have.

These periods are calculated on working days – from Monday to Friday – as JARDÍN DE NERJA does not carry out expeditions on public holidays, Saturdays or Sundays. In the event that there is a break in stock or if an article is not available on time, JARDÍN DE NERJA will contact the user to inform them immediately of a new delivery date or, if it is not possible to deliver the product, to cancel it and reimburse the amount. In any case, a delay in delivery with respect to the indicated deadlines shall not entitle the customer to claim any compensation

At present, JARDÍN DE NERJA also serves orders to any territory in the European Union after quoting shipping costs. For these cases we only need to know what the items are and the postal code to which the items are sent. Please contact us at our email: [email protected] and within 24 hours we will contact you to communicate the price of the shipment.

Upon receipt of the Physical Product, the User must verify that it conforms to his order and 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 his or her claim via e-mail to [email protected] within twenty-four (24) hours of receiving the Physical Product.

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

  1. WITHDRAWAL AND RETURNS

In relation to the Physical Products, the User has thirty (30) working days from receipt to resolve the purchase and return the Physical Product with which he is not satisfied, without any justification or penalty. Para ello, el Usuario deberá comunicar su desistimiento a JARDÍN DE NERJA, mediante un correo electrónico to:[email protected] El cliente podrá devolver el producto, identificándose en el asunto “Devolución”, e indicando en el correo, simplemente, su intención de devolver el Producto Físico, sus datos de contacto y la identificación del pedido. A continuación, deberá enviar el Producto Físico a la dirección de JARDÍN DE NERJA , junto con la factura, a su cargo. El Producto Físico devuelto debe estar en perfecto estado y en su embalaje original, con todos sus manuales y accesorios. El Usuario será responsable de los posibles daños que pueda sufrir el Producto Físico durante el transporte. Tras comprobar que se cumplen estas condiciones, JARDÍN DE NERJA procederá a reembolsarle el importe del producto, deduciendo los gastos de transporte. El coste del envío del nuevo producto se calculará como si se tratara de un nuevo pedido.

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

In the case of total or partial payments made by means of discount vouchers, these cannot be reimbursed by cash, transfer or card. The reimbursement of purchases made by means of discount vouchers will be made exclusively by means of a discount voucher of the same amount as that paid with this means of payment.

JARDÍN DE NERJA will keep in its warehouses and reserves the right to pay the amount of those orders that due to noncompliance with the conditions described above, being for exchange or return, cannot be put back on sale. The customer will have the right to recover their order by paying the shipping costs, either by their 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 customer there will be no possibility of returning the product.

  1. GARANTIAS

In the case of a defective product, JARDÍN DE NERJA must repair, replace, reduce the price or cancel the contract, all of which will be free of charge for the consumer and user. According to Article 123 of the Consolidated Text of the General Law for the Defence of Consumers and Users, “the seller is liable for any lack of conformity which becomes apparent within two years of delivery”. Article 123(5) also recognises that: “The consumer and user shall inform the seller of the lack of conformity within two months of becoming aware of it”.

  1. GENERAL AND CONTACT INFORMATION

In the event that any of the provisions contained in these Conditions of Sale is declared void, it will be withdrawn or replaced. In any case, such a declaration of invalidity shall not affect the validity of the remaining provisions of these Conditions of Sale.

JARDÍN DE NERJA está inscrito en el Registro Mercantil de Málaga, en el tomo 2955, folio 107, hoja número MA-53559, con N.I.F. número B-92310747 y dirección en la Avd. Castilla Perez, 10 1º en Nerja, Malaga, España. You can contact JARDÍN DE NERJA at the following email address: [email protected].

IMPORTANT

SHIPMENTS ARE MADE BY COURIER COMPANIES OUTSIDE JARDÍN DE NERJA, THEREFORE, THE COURIER IS NOT OBLIGED TO PLACE THE GOODS INSIDE THE HOUSE OR TO ASSEMBLE THEM.

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