Terms and Conditions
GENERAL TERMS AND CONDITIONS
Introduction
This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website www.newgarden.es, owned by NEWGARDEN SPAIN S.L. under the NEWGARDEN trademark, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to keep them if he/she wishes to do so, as well as to read them periodically, as those in force at the time of placing orders will be applicable. The PROVIDER will file the electronic document where the purchase is formalised and will keep it at the USER's disposal in case he/she requests it.
Contracts shall 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 implies that the USER:
Has read, understands and comprehends what is set out herein.
Is a person with sufficient capacity to contract. Assumes all the obligations set forth herein.
These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible for and is aware of 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 purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted or purchased by the USER is NEWGARDEN SPAIN S.L., with registered office at AV. FRANCIA, 5, P.I. LAS SALINAS, 30840 ALHAMA DE MURCIA (MURCIA), NIF B98434665 and with customer service telephone number +33618616577.
And on the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of 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 purchase-sale relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase-sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify this to info@newgarden.es so that the PROVIDER corrects them as soon as possible.
The USER may keep his/her data updated by accessing his/her user account.
Contracting 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 required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December 2018
(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, undertaking 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 thereof or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, the user is 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. Dispatch and delivery of orders.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies the 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 PROVIDER.
PROVIDER.
2. DISPATCH AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has verified that payment has been made.
Shipments of goods will usually be made by REDUR, DASHER, TDN, UPS or any other transport agency collaborating with NEWGARDEN, according to the destination freely designated by the USER.
The type of delivery guaranteed is street level delivery. The order will be delivered to the customer at street level, in no case it will be delivered or gone up to the customer's home, office or premises. If you would like to request a quote for home delivery please contact us.
The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.
The delivery time will be between 2 and 10 working days, depending on the destination town and the chosen method of payment. The estimated date of dispatch and delivery will be provided prior to order confirmation. This period may be extended depending on the particularities of the product and/or delivery address.
Failure to execute the distance contract
In the event that the contract cannot be executed because the contracted product or service is not available on time, 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 at no cost, and without any liability for damages attributable to the PROVIDER.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place, due to false, inaccurate or incomplete data provided by the USER.
Delivery will be considered to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple declaration, require the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding part of the price of the product purchased until the PROVIDER complies with the obligations established in this contract.
It is the USER's responsibility to check the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
EXTENSION OF THE RETURN AT CHRISTMAS PERIOD: We are extending the return period until 01/02/2025 for all orders placed between 22/11/2024 and 6/01/2025.
The user may revoke the purchase or withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period shall expire 14 calendar days after you or a third party other than the carrier and indicated by you has acquired material possession of the goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement. You have the option of completing and sending the model withdrawal form or any other unequivocal statement via soporte@newgarden.es or this form. We will inform you without delay, on a durable medium, of the receipt of such 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, S.L. will bear the cost of the return and reshipment.
If the reason for the return is that you are not satisfied with the order:
- 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 allocated by the website for ordinary delivery will be refunded) without undue delay.
- The refund shall 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 shall bear the direct cost of returning each of the goods.
COLLECTION TRANSPORT COSTS FOR EACH PRODUCT (EUROPE):
For all other countries, please consult soporte@newgarden.es.
- Product with a packaging volume of less than 0.30 m3 = 25 €.
For example: alba, allegra, amalfi 80 hang, amalfi, amelio, azalea 30, azalea 40, balby 30 hang, benirras, bita, bora, bossa wall, bruna garland, buly 20, buly 30, buly 40, buly 50, buly 60, camelia 40, camelia 40, camelia 80, camelia high, camelia large, camomila 40, carmen 45, chelsea, cherry, chiara, chloe 35, chloe plant, claudy, clavel 40, cuby 20, cuby 32, cuby 40, cuby 45, edy, elba 59, enoki, faralay, ficus 60, ficus 80, fity 100, fity 160, fredo 140, gerbera 33, goa 40, grace 140, greta, gufo 20, gufo 40, helga 145, hiedra, hortensia 40, itaca, jara 60x20, jazmin 60, junco, kurby, lola 110, lola 20, lola 30, lola 45, lola slim 120, lola slim 30, luceo, magnolia 30, magnolia 45, magnolia 60, mallorca, melisa 30, melisa 30, melisa 50, melvin 55, narciso 35, narciso 40, narciso 40, narciso 60, norai, nova 45, nova 60, olivo high, olivo large, palma 38, palma 70, palmera, panchito, paquita farola, paquita wall, petra 40, petra 60, pinus 100, pompeya 120, positano, reona 30 hang, rocket 145, rocket 20, rocket 70, rodas, rosa 45, rosa 65, saona 30, saona 70, saona wall, simona, siroco, sisine 30 hang, sisine 30, sisine 70, sisine wall, snowy 100, snowy 40, sora, stella, tafy 38, tarida tab, tuby 140, tuby 38, tuby 70, violeta 30, violeta 40, violeta 55, wally.
- Product with a packaging volume between 0.30 m3 and 1.1 m3 = 90 €.
For example: aruba, bruna 165 cable, buly 80, capri 110, carmen 145, fredo 170, grace 170, konika 170, lola 165, lola 200, magnolia 80, martinica, menorca bench, narciso 80, niza 230, pancho, pepita 215 farola, rasa, rosa 75, tarida sit.
- Product with a packaging volume between 1,2 m3 and 1,72 m3 = 180 €.
For example: capri 75, creta 120, Formentera, girasol 90, ibiza 120, jamaica, magnolia 120, magnolia 90, menorca sofá, narciso 100, pinus 160, sicilia 120, sicilia 75.
- Product with a packaging volume between 1,73 m3 and 2,3 m3 = 260 €.
For example: magnolia 120.
- Product with a packaging volume between 2,4 m3 et 4 m3 = 390 €.
For example: magnolia 160.
- The refund will be made using the same type of payment that was used for the initial transaction, unless you have expressly agreed otherwise, and provided that no additional charges are incurred.
- We reserve the right to withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods.
*If the customer decides to send the defective product at his own expense, the customer shall bear the cost of returning the product.
Exceptions to the right of withdrawal
The right of withdrawal will also not be accepted if the item to be returned does not correspond to the one purchased, is not in perfect condition, is damaged after delivery, is opened and/or used.
The right of withdrawal shall not apply to contracts for the supply of goods made to the specifications of the consumer and the user, clearly personalised or made by order. The product description must expressly state which goods are made to order at the customer's request.
The jute curtains (product Persiana de esparto) are handmade by a craftsman at the time of purchase. It is a customised product made ad-hoc, so there is no right of withdrawal. If the USER has any doubts, please contact soporte@newgarden.es. If the curtain arrives with any problem, the warranty covers you.
- Support centre.
The right of withdrawal shall not apply 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 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry 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 Complaints Forms available to users or consumers who request them when required to do so by current legislation. They can access them by requesting them through the PROVIDER's contact details indicated below.
Even if it is not through a Complaints Form, any complaint that the USER considers appropriate will be dealt with as soon as possible.
Contact addresses for complaints:
Postal: NEWGARDEN SPAIN S.L., AV. FRANCIA, 5, P.I. LAS SALINAS, 30840 ALHAMA DE MURCIA (MURCIA)
Telephone: +33618616577
E-mail: soporte@newgarden.es
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order 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 shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.
6. COMPETENCE
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the PROVIDER's Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall 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 stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.
The prices applicable to each product are those published on the website and are 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 will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER will lead to the issuing 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 sent automatically by post in PDF format after payment and confirmation of the order.
For any information about the order, the USER may contact the customer service telephone number +33618616577 or via e-mail at soporte@newgarden.es.
9. TRANSPORT COSTS
The prices published in the shop do not include shipping or communication costs, nor do they include installation or download costs, or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the time of saving the basket or budget, as they are calculated by the weight of the products and the delivery address.
The purchased products will be delivered to the person and address indicated.
SHIPMENTS IN METROPOLITAN FRANCE AND BELGIUM.
. 10€ shipping costs (free for all purchases over 50€).
. We do not deliver to DOM-TOM and Corsica.
. Estimated delivery time is 7-12 working days depending on the delivery address and the products ordered.
SHIPMENTS TO ITALY AND GERMANY.
. 10€ shipping costs (free for all purchases over 50€).
. Delivery estimated at 7-12 working days depending on the shipping address and the products ordered.
. We do not deliver to the Italian islands.
. You must select the corresponding language in the upper menu to finalise the purchase if you wish to receive the order in one of these countries.
SHIPMENTS TO SPAIN.
. 10€ shipping costs (free for all purchases over 50€).
. Delivery estimated at 3-5 working days depending on the shipping address and the products ordered.
. If you wish to receive your order in one of these countries, you must select the corresponding language in the top menu to finalise the purchase.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following methods of payment for an order:
- Credit card
- PayPal
- Bank transfer
- Klarna
The USER may use a discount coupon prior to the completion of the purchase if the USER has received it from the PROVIDER.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer accepts that the PROVIDER obtains data for the purpose of 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.
It is prohibited under the card brands' programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASING PROCESS
Any product from our catalogue can be added to the basket. In the basket, only the articles, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
1. - Verification of the invoicing data.
2. - Checking the delivery address.
3. - Selection of the payment method.
4. - Placing the order (purchase).
Once the order has been processed, the system sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed.
Orders (purchase requests)
Prior to the confirmation of the order, information on the status of the order and the approximate shipping and/or delivery date will be provided.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, where the USER fails to comply with the obligations set out in this contract or any applicable legal provision, licence, regulation, directive, code of practice or policy.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. WARRANTIES AND REFUNDS
The guarantees will respond to what is regulated in the Title referred to "Guarantees and after-sales services" of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which you can access by clicking here.
All our products have at least a three-year legal guarantee, for which NEWGARDEN SPAIN, S.L., as the seller of the product, is responsible, according to the legally established terms.
In the same way, manufacturers offer a commercial guarantee which, on occasions, can improve the terms and conditions of the legal guarantee. It is therefore very important that you read the warranty conditions of each product, and keep the proof of purchase, as they will be necessary for you to benefit from the warranty.
Defects caused by negligence, knocks, improper use or manipulation, unsuitable voltage, incorrect installation not carried out by the authorised Technical Service when applicable, or materials subject to wear and tear due to normal use are not included.
In those incidents that justify the use of the warranty, we will opt for repair, replacement of the article, discount or refund, in the legally established terms.
To make the guarantee effective, please contact us by telephone on 968978886 or send us an e-mail to the following address hola@newgarden.es.
Consumer Affairs
You can file a complaint form with the Consumer Affairs Department. You can download the form at the following link, fill it in and send it to us by email to soporte@newgarden.es
Communications
In the event that the user wishes to make any type of query or complaint, he/she should contact NEWGARDEN SPAIN, S.L., with address at Avda. Francia, 5 - 15. Pol. Ind. Las Salinas de Alhama, 30840, Alhama de Murcia (MURCIA), e-mail soporte@newgarden.es and telephone +33618616577.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the provider's domicile (if not considered as a consumer for the purposes of the TRLGDCU) or of the user (if considered as a consumer for the purposes of the TRLGDCU).
ANNEX I. WITHDRAWAL FORM.
For the attention of:
Name: NEWGARDEN SPAIN S.L.
TAX ID: B98434665
Address: AV. FRANCIA, 5, P.I. LAS SALINAS, 30840 ALHAMA DE MURCIA (MURCIA)
Telephone: +33618616577
E-mail: soporte@newgarden.es
Details of the good/provision to be withdrawn:
Contract/order/invoice number:
Date of contract/order/invoice:
Date of receipt of the product/service:
Description of the product/service:
Consumer/user details:
Name:
Address:
Town:
* Telephone:
* E-mail:
(* data not obligatory)
Right of withdrawal: You may exercise the right of withdrawal within the period of 14 days established by law from the day following the date of a service contract or the day of receipt of a product.
In accordance with article 102 and following of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, I hereby inform you that I withdraw from the contract of sale of the good/provision described above within the established term, for which I would be grateful if you would contact me using the contact details provided, to notify me that this request has been made.
Date of request:
Signature of consumer/user: