General Terms and Conditions

Table of Contents
Article 1 – Definitions
Articele 2 – Identity of the entrepreneur
Articele 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Articele 16 – Additional or different provisions

Article 1 – Definitions
In these conditions the following terms are used:

Grace period: The period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available which a consumer can fill in when he wants to use his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Conditions: the present General Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur
Simply Grow S.L.
Carrer Indústria 25
17253 Vall-llobrega

E-mail address: info@simply-grow.es
VAT ID: ESB66688680

Article 3 – Applicability
These general conditions apply to every offer made by the entrepreneur and to every distance contract and order that is concluded between the entrepreneur and the consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions at the entrepreneur to see and they are at the consumer’s request as soon as possible be sent free of charge.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in another way.
In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in case of conflicting general conditions always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general conditions at any time are wholly or partially invalid or annulled, then the contract and these conditions for the rest remain in force and the provision concerned will in mutual consultation immediately be replaced by a provision that the scope of the original as far as possible.
Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The offer
If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
All images, specifications and information in the offer are indicative and may not lead to compensation or dissolution of the contract.
Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and implementation of the agreement;
The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
The level of the rate of distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.

Article 5 – The agreement
The agreement comes into effect, subject to the provisions in paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – acquaint himself with the ability of the consumer to meet his payment obligations, as well as with all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur will be with the product or service to the consumer the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
the visiting address of the trader’s business establishment where the consumer can lodge complaints;
the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
the information on guarantees and existing service after purchase;
the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal
Upon delivery of products:

When purchasing products, the consumer has the opportunity to dissolve the agreement without giving any reason for 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative.
During the cooling-off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the model form. After the consumer has made known to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.
If, at the end of the periods specified in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
In case of delivery of services:

In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer focus to the trader in the offer and / or no later than the relevant delivery reasonable and clear instructions.

Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the maximum amount he can be charged for is the costs of return shipment.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly consents to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The preclusion of the right of withdrawal is only valid if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products
that have been created by the entrepreneur in accordance with the specifications of the consumer;
That are clearly personal in nature;
Which cannot be returned due to their nature;
That spoil or age quickly;
Whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
For individual newspapers and magazines;
for audio- and video-recordings and computer software of which the consumer has broken the seal;
For hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
Of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.

Article 9 – The price
During the validity period mentioned in the offer, the prices of the products and / or services are not increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
they are the result of statutory regulations or stipulations; or
the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to misprints and typographical errors. For the consequences of misprints no liability is accepted. In case of misprints the entrepreneur is not obliged to deliver the product at the wrong price.

Artikel 10 – Conformiteit en garantie

  1. De ondernemer staat er voor in dat de producten en/of diensten voldoen aan de overeenkomst, de in het aanbod vermelde specificaties, aan de redelijke eisen van deugdelijkheid en/of bruikbaarheid en de op de datum van de totstandkoming van de overeenkomst bestaande wettelijke bepalingen en/of overheidsvoorschriften. Indien overeengekomen staat de ondernemer er tevens voor in dat het product geschikt is voor ander dan normaal gebruik.
  2. Een door de ondernemer, fabrikant of importeur verstrekte garantie doet niets af aan de wettelijke rechten en vorderingen die de consument op grond van de overeenkomst tegenover de ondernemer kan doen gelden.
  3. Eventuele gebreken of verkeerd geleverde producten dienen binnen 4 weken na levering aan de ondernemer schriftelijk te worden gemeld. Terugzending van de producten dient te geschieden in de originele verpakking en in nieuwstaat verkerend.
  4. De garantietermijn van de ondernemer komt overeen met de fabrieksgarantietermijn. De ondernemer is echter te nimmer verantwoordelijk voor de uiteindelijke geschiktheid van de producten voor elke individuele toepassing door de consument, noch voor eventuele adviezen ten aanzien van het gebruik of de toepassing van de producten.
  5. De garantie geldt niet indien:
    • de consument de geleverde producten zelf heeft gerepareerd en/of bewerkt of door derden heeft laten repareren en/of bewerken;
    • de geleverde producten aan abnormale omstandigheden zijn blootgesteld of anderszins onzorgvuldig worden behandeld of in strijd zijn met de aanwijzingen van de ondernemer en/of op de verpakking behandeld zijn;
    • de ondeugdelijkheid geheel of gedeeltelijk het gevolg is van voorschriften die de overheid heeft gesteld of zal stellen ten aanzien van de aard of de kwaliteit van de toegepaste materialen.

Artikel 11 – Levering en uitvoering

  1. De ondernemer zal de grootst mogelijke zorgvuldigheid in acht nemen bij het in ontvangst nemen en bij de uitvoering van bestellingen van producten en bij de beoordeling van aanvragen tot verlening van diensten.
  2. Als plaats van levering geldt het adres dat de consument aan het bedrijf kenbaar heeft gemaakt.
  3. Met inachtneming van hetgeen hierover in lid 4 van dit artikel is vermeld, zal het bedrijf geaccepteerde bestellingen met bekwame spoed doch uiterlijk binnen 30 dagen uitvoeren, tenzij consument akkoord is gegaan met een langere leveringstermijn. Indien de bezorging vertraging ondervindt, of indien een bestelling niet dan wel slechts gedeeltelijk kan worden uitgevoerd, ontvangt de consument hiervan uiterlijk 30 dagen nadat hij de bestelling geplaatst heeft bericht. De consument heeft in dat geval het recht om de overeenkomst zonder kosten te ontbinden. De consument heeft geen recht op een schadevergoeding. 
  4. Alle levertermijnen zijn indicatief. Aan eventuele genoemde termijnen kan de consument geen rechten ontlenen. Overschrijding van een termijn geeft de consument geen recht op schadevergoeding.
  5. In geval van ontbinding conform het lid 3 van dit artikel zal de ondernemer het bedrag dat de consument betaald heeft zo spoedig mogelijk, doch uiterlijk binnen 14 dagen na ontbinding, terugbetalen.
  6. Indien levering van een besteld product onmogelijk blijkt te zijn, zal de ondernemer zich inspannen om een vervangend artikel beschikbaar te stellen. Uiterlijk bij de bezorging zal op duidelijke en begrijpelijke wijze worden gemeld dat een vervangend artikel wordt geleverd. Bij vervangende artikelen kan het herroepingsrecht niet worden uitgesloten. De kosten van een eventuele retourzending zijn voor rekening van de ondernemer.
  7. Het risico van beschadiging en/of vermissing van producten berust bij de ondernemer tot het moment van bezorging aan de consument of een vooraf aangewezen en aan de ondernemer bekend gemaakte vertegenwoordiger, tenzij uitdrukkelijk anders is overeengekomen.

Article 12 – Duration transactions: duration, termination and renewal
Termination

The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
The consumer can the agreements mentioned in the previous paragraphs:
terminate at all times and not be limited to termination at a specific time or in a specific period;
at least cancel in the same way as they were entered into by him;
always terminate them with the same notice as the entrepreneur has stipulated for himself.
Extension

A contract for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a definite period.
Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, if the consumer can terminate the renewed contract towards the end of the renewal with a period of notice that does not exceed one month.
A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration

If a contract lasts more than one year, after one year of the agreement the consumer may at any time terminate with a notice of up to one month, unless the reasonableness and fairness resisting the termination before the end of the agreed term.

Article 13 – Payment
As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period, as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
In case of non-payment on the part of the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs previously announced to the consumer.

Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be fully and clearly described within 7 days submitted to the entrepreneur, after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute resolution commission appointed by Stichting WebwinkelKeur, the ruling of this is binding and both entrepreneur and consumer agree to this binding ruling. To submit a dispute to this dispute committee are costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
On agreements between the entrepreneur and the consumer to which these general conditions apply, only Spanish law. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.

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