Terms and conditions.
Terms and conditions.
Welcome to TODOJARDIN.ES (the "Site"). This Site is made available to you subject to the Terms and Conditions below. Please read them carefully before using the Site or ordering products ("Products") online.
You should know that by using the Site or placing an order for any of our Products on that Site, you will agree to these Terms and Conditions.
Although it is not mandatory, you can print and/or save this document using the usual function of your browser: (usually, "File" / "Save As"). You can also download it in PDF format and save it. To open the PDF file, you must have installed the free Adobe Reader program (in www.adobe.com) or other similar programs that allow you to work with that format.
Please note that there are additional policies applicable both to your use of this Site and to our business relationship with you:
§ Privacy Policy - Collects our privacy and security practices to protect you and your personal information;
§ Return Policy - Establishes the conditions applicable to the return and/or withdrawal of the purchase of products purchased through TODOJARDIN.ES.
Please note that if you do not agree to these Terms and Conditions, you may not use or place orders for any Product offered on our Site.
INFORMATION ABOUT US
This site is operated by MARROD ACTIVOS, S.L. ("we/our"), company regsitered in Málaga with physical address in calle Gaudí 47, 29680 Estepona, Málaga, Spain.
Our headquarter is located at calle Gaudí 47, 29680 Estepona, Málaga, Spaim.
TERMS AND CONDITIONS
We reserve the right to modify these Terms and Conditions at our sole discretion from time to time. In this sense, your rights herein are subject to the most current version of the Terms and Conditions published on this page at the time you use or purchase a product. We'll post any review to the Terms and Conditions on the Site. The date indicated at the bottom of these Terms and Conditions will reflect the date when the review was posted.
We recommend you to visit these Terms and Conditions from time to time. In that way, you'll get a notice about the latest version applicable to your use of the Website, as well as to the purchase, delivery and use conditions of our Products.
Access to and use of the Website after any changes have been made constitutes your acceptance of the new Terms and Conditions. You are responsible for checking the Site regularly and determining whether modifications to these Terms and Conditions have been made.
The above Terms and Conditions are in addition to your obligations and rights under our Privacy Policy and the Return and Withdrawal Policy. To avoid any doubt, in the event that a conflict arises between these Terms and Conditions and our Privacy Policy and/or the Return and Withdrawal Policy, the above Terms and Conditions shall prevail. If you have any questions about your rights under these Terms and Conditions, our Privacy Policy and/or the Return and Withdrawal Policy, please contact our Customer Service Department through our CONTACT website. We will respond within two working days, from Monday to Friday, from 10:00h to 18:30h.
If you do not agree with these terms and conditions in their entirety, you shall not use this Site.
LICENSE AND USE OF THE SITE
We grant you a limited license to access and make personal use of the Site, but not to download or modify it in whole or in part, except with our express written permission. This license does not include the resale or commercial use of the Site or its content, the collection or use of any listing, description or price of Products, use derived from TODOJARDIN.ES or its content, or the use of data search tools, robots or other similar data collection and retrieval tools. The Site or any part thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for commercial purposes without our express written authorization. You may not frame or use framing techniques to attach any trademark, logo or other exclusive information (including images, text, page layout or form) that is owned by our subsidiaries (including our parent company) and us without our express written permission. You may not use meta-tags or other "hidden text" using our name, trademarks or service marks without our express written permission.
We may terminate your limited license to use the Site with immediate effect if you breach any of these Terms and Conditions.
Access to the Site is temporarily permitted, and we reserve the right to suspend, withdraw or modify at any time the service we provide on our Site without prior notice, for operational, regulatory, legal or other purposes.
We may occasionally restrict access to certain parts of the Site, or to the Site as a whole, to users who have registered.
We may at any time disable any username or password identification code, whether chosen by you or assigned by us, if, in our opinion, violates any of the provisions of these Terms and Conditions.
You are responsible for taking all necessary measures to access the Site, as well as ensuring that all persons accessing the Site through your internet connection are aware of and comply with these Terms and Conditions.
This Site and other third parties may provide links to other sites or resources. Since we do not exercise any control over such sites or external resources, we are not responsible for their availability or endorse them, nor do we assume any responsibility for any content, Advertising, Products or other materials included or available in them.
TERMS AND CONDITIONS OF USE APPLICABLE TO DOWNLOADS
We provide the downloaded material "as it is" and your use of the downloaded content is at your own risk.
Downloads may contain more or less significant programming errors, bugs and viruses that may cause an operational interruption in your computer system. Before accessing, you must check that the download does not contain viruses. Except to the extent that such terms and conditions cannot be limited or excluded under applicable law, no conditions, warranties, declarations or other terms, both express or implied, shall apply to any discharge.
Please note that we have no obligation to answer questions about the use of the downloaded content.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The Site and its content are protected by Intellectual Property Rights, including, for the sole purpose of enunciation, copyright and trademarks. In these Terms and Conditions, "Industrial and Intellectual Property Rights" means patents, database rights, copyright, design rights (registered or not), trademarks (registered or not) and other similar rights, and the right to request the protection of any such rights.
As far as our relationship is concerned, we are and will be the absolute owners of the Industrial and Intellectual Property Rights over the Site and these Terms and Conditions. In this sense, you are not authorized to use them without our express authorization.
The business prestige gained from the use of this Site and the trademarks, corporate names, trade names and service marks owned by our subsidiaries under these Terms and Conditions and us, shall be passed on to our subsidiaries, and to us as appropriate.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
To place an order on the Site, you must be at least 18 years old and a consumer (not a distributor).
The following are the technical steps necessary to create the contract between you and us, and to purchase any Product:
§ To order a Product through the Site, you must select "place an order and pay with this card" at the end of the purchase process. We'll lead you how to advance through the ordering process by following a series of simple instructions.
§ You can pay the order by debit card or credit card. (Mastercard, Visa, Mastercard, Switch). We do not accept cash payments or checks for online purchases.
§ If you have a coupon, promotional code or discount voucher, you must enter it during the purchase process to be valid.
§ Once you have placed your order, we will send you an acknowledgement of receipt email. Such an email is neither a confirmation nor an acceptance of the order on our part. Please note that it does not mean that your order is accepted. For us, your order constitutes a purchase offer.
§ When your Product leaves our warehouse, we will send you an email confirming the shipment made.
§ The acceptance of the order and the completion of the contract between you and us will occur when we send you the requested Product, unless we have notified you of the non-acceptance or cancellation of your order. The contract will only refer to the Product whose shipment we have confirmed in the email confirmation of the shipment made.
§ We will process your payment at the time of preparing the Product for shipment.
We advise you to keep the invoice, necessary to make any changes or claims, and as a reference of the agreement reached between you and us.
BILLING
When TODOJARDIN decides or has the legal obligation to issue or make available to the buyer an invoice, it reserves the right to do so electronically, and you accept this form of invoicing. TODOJARDIN will only send you your invoice by post or along with your order. In case of loss of this invoice, you must contact the customer service department through our Contact website. We will answer you within one working day, from Monday to Friday, from 10:00h to 19:00h.
FIXING OF THE PRICES
TODOJARDIN takes all possible measures to ensure that all price information displayed on the Site is correct and up-to-date. However, there may sometimes be errors. If an error occurs and an erroneous price is assigned to a product, TODOJARDIN may refuse to accept the order and/or confirm the validity of the contract, as provided herein. TODOJARDIN has no obligation to supply or deliver any product whose price has been incorrectly assigned, to the extent that the amount of the Product has not been collected and the order has not been processed.
Shipping costs may be charged and must be displayed during the order-making process.
The total cost of the shipment must be detailed and identified on the payment screen and on the invoice to be issued.
If you have a discount promotional code, it will be your responsibility to ensure that it is included in the appropriate section during the ordering process. Once your order has been confirmed, you will not be able to enter any promotional code or discount offer.
Failure to accept an order may be due to any of the following reasons:
§ The requested Product is not in stock;
§ It has not been possible to obtain authorisation for payment;
§ Any risk assessment obtained by TODOJARDIN concerning the transaction;
§ The identification of an error in the price or the description of the Product;
§ Your failure to comply with the requirements for placing orders under these Terms and Conditions;
§ They are under 18 years of age;
§ There is a suspicion that you are a distributor; and
§ The identification by us of an error in the information of the Product, including, for example, in the price or related to a promotion.
Should any problems arise with your order, we will contact you as soon as possible. We reserve the right to refuse at any time any offer made by you to purchase a product.
Ownership of the Products will only be transmitted when we receive full payment of all amounts due for the Products, including shipping costs.
DELIVERY
Although we strive to deliver your Product within the deadlines, unfortunately, we cannot guarantee that these deadlines will not be affected by unforeseen situations affecting our carrier. In such cases, we will not offer any compensation.
Your order will be made on the date of delivery indicated in the email confirmation of the shipment of the Product or, if a delivery date has not been specified, within 30 (THIRTY) days from the date of such confirmation email of the shipment made, unless there are exceptional circumstances. From the moment of delivery, you will assume the risk on the Product.
RIGHT OF TERMINATION OF CONTRACT
You may terminate the contract with us and receive a refund under our Return and Withdrawal Policy. This policy is part and parcel of these Terms and Conditions. You must read and understand it before purchasing any Product.
PROMOTIONAL CODES AND DISCOUNT VOUCHERS
As stated above, any promotional code and any discount voucher must be entered into the purchase process to be valid. Discounts and minimum amounts established for the application of a discount do not include shipping costs. Discounts may not be used in conjunction with other offers.
Our offers are only available for a limited time and only on the selected lines indicated on the Site if any. TODOJARDIN reserves the right to eliminate such offers without prior notice. Offers may not be added to other discounts. And, if a product is purchased online or in the establishment before being found on offer, we will not be able to refund the difference in price paid.
Our exclusive offers only apply to online purchases, so they will not be offered in our physical establishments. If a customer wishes to benefit from such exclusive online offers, he or she must place the order through the Site. Please note that if you purchase in our physical establishments an item paying its full price, and that item is of an exclusive online offer, you will not be entitled to reimbursement of the difference in price paid.
Please note that only holders of a TODOJARDIN account may use selected discount vouchers.
OUR PRODUCTS
We will do our utmost to ensure that the prices displayed on this Site are correct at the time you place your order. In the event that we observe an error before the shipment of the Product, we will inform you accordingly as soon as possible and, in our opinion, we will offer you the option to reconfirm your order at the correct price or cancel it. Alternatively, and in our opinion, we may reject your order and consider it cancelled. In the event that we cancel your order, we will refund any amount that you have paid, or that has been charged on your credit or debit card for the Product purchased.
We have no obligation to provide you with a Product at an incorrect (lower) price even if we have sent you a confirmation email, if the error in price is visible and obvious, and you could have reasonably observed that it was an error.
It would be best if you kept in mind that buying through the Internet is a different shopping experience than buying in an establishment. For example:
§ The colours displayed on the Site will depend on many factors, including your computer’s screen settings, and we cannot guarantee that the display on your computer of any colour accurately reflects the colour of the Product being delivered and/or received.
§ The weights, measurements and capacities displayed on the Site are offered based on the best possible estimate.
§ Both the variations in the manufacturing processes and the configuration and hardware of your computer can affect the appearance of the textures and designs of the Products. The Products delivered may present minimal differences referred to what displayed and described on the Site.
§ All Products are subject to availability, so we may not be able to place your order.
§ The delivery times offered are only estimates.
§ Products and promotions offered on the Site may not be available for sale in a physical establishment and vice versa.
Unless otherwise stated, all prices include VAT at the applicable tax rate and do not cover shipping costs, which will be added to the purchase process, before the confirmation.
COMMUNICATIONS
You may send us suggestions, ideas, comments, questions and other information as long as the content is not illegal, obscene, threatening, defamatory, intrusive of privacy, contrary to Intellectual Property Rights or otherwise harmful to third parties or unacceptable, and do not treat or contain viruses, political campaign material, commercial actions for the recruitment of customers, chain letters, mass mails, or any form of spam. You may not use a fake email address, impersonate the identity of another natural person or otherwise, send text messages to the wrong recipient about the origin of any content.
If you send us material, and unless you indicate otherwise, you grant to our subsidiaries and us a non-exclusive, royalty-free, not necessarily time-limited right. This right will be subject to local law to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display content in any medium in which our subsidiaries and we operate.
You will also be granting us and our affiliates and sub-licensees the right to use the name you submit related to such content if so decided. You represent and warrant that you own all rights to the material provided; that the content is required; that your use of the content submitted by you does not infringe these Terms and Conditions of Use; that will not cause harm to any person or entity; that will compensate us and our affiliates for all claims arising from any content you have submitted. You also acknowledge and agree that we have the right, but not the obligation, to track, edit or remove any activity or content. We are not liable or liable for any content shared by you or any third party through the Site.
EXEMPTION FROM LIABILITY
To the fullest extent legally permitted, the Site and all information contained therein are offered "as it is" and "as is it available" and we do not guarantee that they are suitable for your purposes and needs. We take reasonable care in collecting and presenting the Site's content, but we cannot guarantee that it is complete, accurate or up-to-date.
We make no representations or warranties of any kind, express or implied, about the operation and availability of this Site, or about the information, content or materials presented on it. You expressly agree that you make use of this Site at your own risk.
The content of the Site has been obtained from various sources and is subject to change without notice. We take reasonable care in collecting and presenting the Site's content, but we cannot guarantee that it is complete, accurate or up-to-date.
To the extent legally permitted, we expressly exclude in this act any liability (regardless of how it arose) related to any loss, damage and/or expense arising from or related to the use of this Site. In particular, and without limitation of the generality of the above, we will not assume any responsibility for any loss or damage caused to computer equipment, software or data, or for any financial loss or indirect, special or emergent damages.
GUARANTEE
Regardless of any aspect taken to the contrary in these Terms and Conditions, we guarantee that all Products delivered by us have a satisfactory quality, are reasonably suitable for the purpose for which they are intended, and are free from labour or material defects for the period indicated on the Site. This guarantee shall not affect your rights as a consumer.
This guarantee will only be valid if a proof of purchase of TODOJARDIN is available. The guarantee will not be applicable if the Product presents any defect due to the regular use and wear, intentional damage, accident, negligence by your side or by a third party, use other than that indicated in our instructions or any modification or repair made without our approval.
The legal rights established under the national legislation in force governing the sale of consumer goods are not affected by this guarantee.
LIMITS TO THE LIABILITY
We will not assume any responsibility towards you if we are unable to comply or delay in fulfilling the obligations assumed in these Terms and Conditions when such failure or delay is due to your actions or omissions (or any person acting on their behalf) or to situations beyond our reasonable control.
Regardless of what stated to the contrary in these Terms and Conditions, our liability for any losses suffered by you resulting from or related to our failure to comply with the above Terms and Conditions (whether contractually, contractually or otherwise) is limited to the purchase price of the Product you have purchased and to any losses that are a foreseeable consequence of our breach of contract. Losses will be foreseeable when they can be contemplated by you and by us when accepting your order.
We will only ship products for domestic and private use, so you agree not to use the products or the Site for commercial, corporate or resale purposes. We will not assume any liability to you for losses incurred in the form of management time, lost profits, business, income, goodwill or anticipated savings, or for any damage or loss of data.
Please note that you have certain rights as a consumer, including legal rights relating to defective or incorrectly described products. Nothing in these Terms and Conditions shall affect these legal rights and, in particular, TODOJARDIN shall fulfil its obligations herein established with reasonable care and diligence.
Regardless of what is stated otherwise in these Terms and Conditions, this provision does not include or limit in any way our liability for:
§ Death or personal injury caused by our negligence;
§ Fraud or misrepresentation; or
§ Any other matter on which it would be unlawful for us to exclude or seek to exclude our responsibility.
FORCE MAJEURE
We will not assume any liability for the breach of any of the obligations contained in these Terms and Conditions due to the existence of an assumption outside our reasonable control (force majeure), including (indicative) strikes, lockouts, failure of third-party systems or networks, accidental acts, fire, earthquake, storm, flood or another natural disaster, civil disturbances, acts of terrorism, deliberate sabotage or intentional damage to equipment or data, damage or destruction of facilities or equipment, government regulations or policies and shortage of supply and services (a "Force Majeure Scenario").
The performance of our part of the contract will be considered suspended as long as the Force Majeure Case exists, and the period of performance will be extended for the duration of the Case. We shall reasonably endeavour to put an end to such a situation or to find a solution to comply with the obligations laid down in the contract even if the existence of the said Force Majeure continues.
PRIVACY POLICY
Registration data and other information about you are subject to our Privacy Policy. For more information, please read our Privacy Policy.
GENERAL
All notifications that we must send you under these Terms and Conditions will be sent to the email address you provided when registering. When you visit the Site or send us emails you will be contacting us electronically. We may contact you by email or by posting notifications on the Site. For contractual purposes, you agree to receive electronic communications and agree that all contracts, notifications, disclosures and other communications that we send to you electronically meet all legal requirements that establish the need for them to be in writing. This condition will not affect your legal rights.
You must send us all your communications through our Contact website. We will send you our notifications by email or to the postal address you have given us when you place your order, and in any of the ways specified above. A notice will be deemed to be received and duly sent immediately upon posting on our Site; the next business day after sending it by email; or three days after the date of its mailing. To the sending of any communication, it shall be sufficient to prove, in the case of a letter sent by post, that the address indicated was correct, that it was correctly stamped and that it had been sent to the post office. If it is an email, it must be proven that it was sent to the specified email address of the recipient.
The agreement reached is binding between you and us, including our respective successors and assignees. You may not transfer, assign, encumber or otherwise alienate the contract or any of your rights or obligations contained therein, without our prior written consent. We may transfer, assign, encumber, subcontract or otherwise dispose of the contract, or any of the rights or obligations contained therein, at any time during its validity.
These Terms and Conditions (together with the Privacy Policy and the Return and Withdrawal Policy) establish the full agreement reached regarding the use of the Site and the sale, purchase, delivery and use of the Products, and shall supersede any agreement or compromise previously reached on that subject. Changes made to these Terms and Conditions will not be binding unless agreed in writing.
By accepting these Terms and Conditions and your continued use of this Site, you acknowledge that you have read and understood these Terms and Conditions, and you agree to act and be bound by them. These Terms and Conditions shall not be modified in any way without our prior written consent.
If you act as a principal’s agent (also on behalf of your employer), both you as the principal jointly and severally assume all the obligations set content in the relevant Terms and Conditions.
Except to the extent that you exercise your right as a consumer to bring proceedings or have recourse to the laws of the country of your domicile, the interpretation, effect and enforceability of these Terms and Conditions shall be submitted to Spanish law, and you agree to submit to the non-exclusive jurisdiction of the Spanish courts for the resolution of any dispute.
SETTLEMENT OF THE DISPUTE
If you have a complaint about a product, our Website or any other aspect, please contact our Customer Service Department through our Contact Us website.
In the unlikely event that we cannot resolve a complaint directly with you, you can refer the dispute to the EU Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr. If you choose to use this service, use the following email address when completing the form.
As far as the legislation in force is concerned, we may not have the obligation or desire to participate in an alternative dispute resolution by a consumer arbitration body. We continuously try to resolve potential disputes with our clients on our own.
AMENDMENTS TO THE TERMS AND CONDITIONS
TODOJARDIN reserves the right, in its sole discretion, to change, modify, add or delete any part of these Terms and Conditions at any time and without notice. Changes made will be posted on the TODOJARDIN Website, and the date indicated at the bottom of the Terms and Conditions will be modified to show the time of the last revision.
TODOJARDIN recommends that you visit these Terms and Conditions on a regular basis in order to keep informed about the latest version applicable both to your use of the Website and to the delivery of its products.
Continued access to and use of the Website constitutes your acceptance of the last version of the Terms and Conditions. You will be responsible for checking the Site regularly and determining whether modifications to these Terms and Conditions have been made. Please note that these Terms and Conditions do not affect your legal rights as a consumer. For more information on your legal rights, please contact your local trade standards office or equivalent consumer advice agency.
QUESTIONS AND CONSULTATIONS RELATED TO THIS POLICY SHOULD BE ADDRESSED TO:
TODOJARDIN
Avenida Litoral, 10
29680 Estepona, Málaga, Spain
E-mail: [email protected]
Updated April 2020.
