General contracting conditions

1. GENERAL INFORMATION

The ownership of this website, www.tujardincito.com, (hereinafter Website) holds:

Mario Fajardo Soriano, provided with NIF 53352244h and registered in the General Treasury of the Social Security;

and their registration data are membership number 411080722994 and ID 053352244H, and whose contact information is: info@tujardincito.com c / leon 1 11 F 41920 Sevilla

This document (as well as all other documents mentioned here) regulates the conditions for

which governs the use of this Website (www.tujardincito.com) and the purchase or acquisition of products

and / or services therein (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that www.tujardincito.com develops to

Through the Website includes: sale of flowers and plants

In addition to reading these Conditions, before accessing, browsing and / or using this website, the

User must have read the Legal Notice and the General Conditions of Use, including, the policy

of cookies, and the privacy and data protection policy of www.tujardincito.com.

By using this Website or making and / or requesting the purchase of a product and / or service through the

the User agrees to be bound by these Conditions and by all previously

mentioned, so if you do not agree with all of this, you should not use this Website.

Also, it is informed that these Conditions could be modified. The User is responsible for

consult them each time you access, browse and / or use the Website as those that apply

they are in force at the moment in which the acquisition of products and / or services is requested.

For all questions that the User may have in relation to the Conditions, it can be

in contact with the owner using the contact information provided above or, where appropriate,

using the contact form.

2. THE USER

The access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so accept, from the moment you start navigating through the Website, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding regulations legally binding as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility

extend to:

● Make use of this Website only for inquiries and purchases or acquisitions

legally valid.

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● Do not make any false or fraudulent purchase. If it could reasonably be considered that

a purchase of this nature has been made, it could be canceled and the authorities would be informed

relevant.

● Provide truthful and lawful contact data, for example, email address,

mailing address and / or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through

This Website.

The Website is aimed primarily at Users resident in Spain. www.tujardincito.com

does not ensure that the Website complies with the laws of other countries, either totally or partially.

www.tujardincito.com declines any liability that may arise from said access, as well

nor does it ensure shipments or provision of services outside of Spain.

The User may formalize, at his option, with www.tujardincito.com the contract of

purchase of the desired products and / or services in any of the languages ​​in which the

present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

The duly registered Users can buy on the Website by means and forms

established. They must follow the purchase and / or acquisition procedure online www.tujardincito.com , during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on:

"Make a purchase".

Likewise, the User must fill out and / or verify the information that is requested in each step,

Although, during the purchase process, before making the payment, you can modify the data of the

purchase.

Next, the User will receive an email confirming that www.tujardincito.com has received his order or request for purchase and / or provision of the service, that is, the confirmation of the

order. And, in your case, you will be informed, also, by email when your purchase

is being sent Where appropriate, this information could also be made available to the

User through his personal space of connection to the Website.

Once the purchase procedure has concluded, the User consents that the Website generates a

electronic invoice that will be sent to the User through email. And, in your case, to

through your personal space of connection to the Website. Likewise, the User may, if desired,

Obtain a copy of your invoice in paper, requesting it to www.tujardincito.com using the

Contact spaces of the Website or through the contact information provided above.

The User acknowledges to be aware, at the time of purchase, of certain conditions

particular items of sale that concern the product and / or service in question and that are displayed together with

the presentation or, where appropriate, the image of the latter on your Website page, indicating, in

enunciative, but not exhaustive, and depending on each case: name, price, components, weight,

quantity, color, details of the products, or characteristics, way in which they will be carried out and / or

cost of benefits; and recognizes that the execution of the purchase or purchase order

materializes the full and complete acceptance of the particular conditions of sale applicable to each

case.

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Unless expressly stated otherwise, www.tujardincito.com is not the manufacturer

of the products sold or that could be commercialized on the Website. While

www.tujardincito.com makes great efforts so that the information shown on the Website is

correct, sometimes the packaging and / or the materials and / or the components of the products can contain additional or different information from the one that appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information Available on the labeling, warnings and / or instructions accompanying the product.

Communications, purchase orders and payments that intervene during transactions

made on the Website may be archived and kept in the computerized records of

www.tujardincito.com in order to constitute a means of proof of transactions, in any case,

respecting the reasonable security conditions and the laws and regulations in force that this

respect to be applicable, and particularly in compliance with the LOPD and the rights that assist

Users in accordance with the privacy policy of this Website (Legal Notice and Conditions

General Terms of Use).

4. AVAILABILITY

All purchase orders received by www.tujardincito.com through the Website are subject to

the availability of the products and / or that no circumstance or cause of force majeure (clause

nine of these Conditions) affects the supply thereof and / or the provision of services. Yes

there will be difficulties in the supply of products or there will be no products left in stock,

www.tujardincito.com is committed to contact the User and refund any amount that

it could have been paid as an amount. This will be equally applicable in cases where

those that the rendering of a service should be rendered impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that

Due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.

Shipping costs are included in the final prices of the products as they are

show on the Website. Thus, www.tujardincito.com carries out the delivery and / or delivery services to through express messaging.

In no case will the Website add additional costs to the price of a product or service

automatically, but only those that the User has selected and voluntarily chosen and

freely.

Prices may change at any time, but possible changes will not affect the orders or purchases with respect to which the User has already received an order confirmation.

The means of payment accepted will be: Credit or debit card, and Bank transfer.

Credit cards will be subject to checks and authorizations by the entity bank issuing the same, if said entity does not authorize the payment, www.tujardincito.com will not be

responsible for any delay or non-delivery and can not formalize any contract with the User.

Once www.tujardincito.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are funds

enough to complete the transaction. The charge on the card will be made at the time it is

send the User the confirmation of delivery and / or confirmation of the service provided in form and, in

your case, established place.

In any case, by clicking on "Make purchase"

The User confirms that the payment method used is his or that, in his case, is the legitimate

holder of the gift card or credit card.

Purchase or purchase orders in which the User selects as payment means the

Bank transfer will be reserved for 5 calendar days from the confirmation of the

request to leave enough time for the bank transfer to be taken into account

for the payment system used by www.tujardincito.com for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Through this payment method, the User must ensure that he correctly enters the amount

exact purchase order, as well as the account number and the reference of the transfer. In

In case of error, www.tujardincito.com can not validate the order, which will be canceled.

6. DELIVERY

In those cases in which the physical delivery of the contracted goods is carried out, the deliveries

will take place in the area of ​​the following territory: Spain (Peninsula and Balearic Islands).

Except in those cases in which there are unforeseen or extraordinary circumstances or, in its

case, derived from the personalization of the products, the purchase order consisting of the

related products in each purchase confirmation will be delivered within the period indicated in the

Website according to the shipping method selected by the User and, in any case, within the maximum period

of 30 calendar days from the date of order confirmation.

If for any reason, which was attributable to you, www.tujardincito.com could not comply with the

delivery date, will contact the User to inform him of this circumstance and, he will be able to choose

continue with the purchase by establishing a new delivery date or cancel the order with

the total refund of the price paid. In any case, home deliveries are made in days

working.

If it is impossible to carry out the delivery of the order due to the absence of the User, the order could be

returned to the store. However, the carrier would leave a notice explaining where the

order and how to make it to be delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, it must be

contact with www.tujardincito.com to arrange delivery another day.

In the event that 30 days have passed since your order is available for delivery, and there is no

been delivered for reasons not attributable to www.tujardincito.com , www.tujardincito.com understand that the

User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the

termination of the contract, all payments received from the User will be returned, except for the

additional expenses resulting from the User's own choice of a delivery method

different from the less expensive mode of ordinary delivery offered by the Website, without any

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undue delay and, in any case, within a maximum period of 14 days from the date on which the

considers the contract resolved.

However, the User must bear in mind that the transport derived from the resolution may have

an additional cost that may be passed on to you.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order

has been delivered at the moment in which the User or a third party indicated by the User acquires

the material possession of the products, which will be accredited by signing the receipt of the

order at the agreed delivery address.

The risks that the products could derive will be borne by the User from the moment

of your delivery. The User acquires ownership of the products when www.tujardincito.com receives

the full payment of all amounts owed in relation to the purchase or acquisition made,

including shipping costs, or at the time of delivery, if it takes place in a moment

after the complete receipt of the amount object of payment by www.tujardincito.com

In accordance with the provisions of Law 37/1992, of December 28, on Value Tax

Added (VAT), purchase orders for delivery and / or provision shall be understood as located in the

territory of application of the Spanish VAT if the delivery address is in Spanish territory except

Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at any time in

function of the particular article in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred in the

enter necessary data to process your purchase request on the Website, you can modify the

themselves by contacting www.tujardincito.com through the contact spaces

enabled on the Website, and, where appropriate, through those authorized to contact the

customer service, and / or using the contact information provided in the first clause

(General information). Likewise, this information may also be corrected by the User to

through your personal space of connection to the Website.

In any case, the User, before clicking on "Make purchase",

have access to the space, cart, or basket where they are writing down their purchase requests and can

Make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use for

gather more information on how to exercise your right of rectification as established in the

Organic Law 15/1999, of December 13, on Protection of Personal Data.

8. RETURNS

In cases where the User purchases products on or through the owner's Website, they assist

a series of rights, as they are listed and described below:

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Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore,

it assists the right to desist from said purchase within a period of 14 calendar days without the need of

justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party

authorized by the latter, other than the carrier, acquired the material possession of the goods acquired

on the website of www.tujardincito.com or in case the goods that make up your order are

deliver separately, within 14 calendar days of the day that the User or a third party authorized by

This, other than the carrier, acquired the material possession of the last of those goods that

they made the same purchase order.

To exercise this right of withdrawal, the User must notify his decision to www.tujardincito.com.

You may do so, where appropriate, through the contact spaces enabled on the Website or through

from: info@tujardincito.com

The User, regardless of the means he chooses to communicate his decision, must express

clear and unequivocal way that it is your intention to desist from the purchase contract. In any case, the

User may use the model withdrawal form that www.tujardincito.com puts on its

disposition as a part attached to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is enough that the communication that expresses unequivocally

the decision to desist is sent before the corresponding deadline expires.

In case of withdrawal, www.tujardincito.com will reimburse the User for all payments received,

including shipping costs (with the exception of the additional expenses chosen by the User to

a different shipping method to the less expensive mode offered on the Website) without

no undue delay and, in any case, no later than 14 calendar days from the date on which the

that www.tujardincito.com is informed of the decision to desist by the User.

www.tujardincito.com will reimburse the User using the same payment method used by this

to make the initial purchase transaction. This refund will not generate any additional cost to the

User. However, www.tujardincito.com may withhold said refund until it has received

the products or articles of the purchase, or until the User presents a proof of the return

of them, depending on which condition is met first.

The User can return or send the products to www.tujardincito.com in:

c / lion n 1 11 F Sevilla 41920

And it must do so without undue delay and, in any case, no later than the deadline of 14

calendar days from the date on which www.tujardincito.com was informed of the decision of withdrawal.

The User acknowledges that they must assume the direct cost of return (transport, delivery)

of the goods, if any were incurred. In addition, it will be responsible for the decrease in the value of

products resulting from handling other than that required to establish the nature, the

characteristics and operation of the goods.

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The User acknowledges that there are exceptions to the right of withdrawal, as it is collected

in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the

Consolidated text of the General Law for the Defense of Consumers and Users and other laws

complementary Enunciatively, and not exhaustively, this would be the case of: products

Customized products that can deteriorate or expire quickly; Music CDs / DVDs or

video without its packaging, as it is sealed in the factory; products that for reasons of hygiene or

health are sealed and have been unsealed after delivery.

In this same sense the provision of a service that the User could contract in this

Website, since this same Law establishes that the Right of withdrawal will not be attended to Users

when the provision of the service has been fully executed, or when it has begun, with

the express consent of the consumer and user and with the recognition on his part that it is

aware that, once the contract has been completely executed by www.tujardincito.com, you will have lost your right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening

of the same, of products that are not in the same conditions in which they were delivered or that

have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, the

instructions and other documents that accompany them, in addition to a copy of the invoice

shopping.

In the following link you can download the Model withdrawal form:

______________________________________________________________________________

Return of defective products or error in shipping

These are all cases in which the User considers that, at the time of delivery, the

product does not comply with the stipulations of the contract or purchase order, and that, therefore,

get in touch with www.tujardincito.com immediately and let him know the disagreement

existing (defect / error) by the same means or using the contact information provided in

the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these,

Once returned, they will be examined and the User will be informed, within a reasonable time, if

refund or, where appropriate, replacement thereof.

The refund or replacement of the product will be made as soon as possible and, in any case, within

of the 14 days following the date on which we send you an email confirming that

the refund or replacement of the non-compliant item is applicable.

The amount paid for those products that are returned due to a defect, when

actually exists, it will be fully reimbursed, including the delivery costs and the costs in which

could have incurred the User to make the return. The refund will be made by the same

means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at each

moment for the User, as consumer and user.

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Guarantee

The User, as consumer and user, enjoys guarantees about the products that can be

Acquire through this Website, in the terms legally established for each type of

product, answering www.tujardincito.com, therefore, for the lack of conformity of the same

that manifests within two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that:

conform to the description made by www.tujardincito.com and possess the qualities presented

in the same; are suitable for the uses to which the products of the same are ordinarily destined

kind; and present the usual quality and performance of a product of the same type and that are

fundamentally expected of it. When this is not the case with respect to the products

delivered to the User, this must proceed as indicated in the section Return of

defective products or shipping error. However, some of the products that are

marketed on the Website, may present nonhomogeneous characteristics as long as

these derive from the type of material with which they have been manufactured, and that therefore will be part of the

individual appearance of the product, and they will not be a defect.

On the other hand, it could be the case that the User purchases a product from the Website.

a trademark or manufacturing by a third party. In this case, and considering the User that it is a

defective product, this also has the possibility of contacting the brand or

responsible manufacturer of the product to find out how to exercise your legal guarantee right

directly in front of them during the two years following the delivery of said products.

For this, the User must have kept all the information in relation to the guarantee of the

products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, www.tujardincito.com will not accept any

responsibility for the following losses, regardless of their origin:

● Any losses that were not attributable to any breach on your part.

● Business losses (including lost profits, income, contracts, savings)

expected, data, loss of goodwill or unnecessary expenses incurred).

● Any other indirect loss that was not reasonably foreseeable by both parties in the

At the time the contract for the sale of the products between both was formalized

parts.

Likewise, www.tujardincito.com also limits its responsibility in the following cases:

● www.tujardincito.com applies all measures concerning the provision of a visualization

faithful of the product on the Website, however, is not responsible for the minimum

Differences or inaccuracies that may exist due to lack of resolution of the screen, or

browser problems that are used or others of this nature.

● www.tujardincito.com will act with the utmost diligence to make available to the

company responsible for transporting the product object of the purchase order. But nevertheless,

is not responsible for damages arising from a malfunction of transportation,

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especially for causes such as strikes, road retentions, and in general any

others typical of the sector, resulting in delays, losses or theft of the product.

● Technical failures that, due to incidental or other causes, prevent normal operation

of the service through the internet. Lack of availability of the Website for reasons of

maintenance or others, that prevents the service from being available. www.tujardincito.com puts all the

means available to carry out the process of purchase, payment and delivery / delivery

of products, however, it is exempt from liability for causes that are not

imputable, fortuitous event or force majeure.

● www.tujardincito.com will not be responsible for the misuse and / or wear of the products

that have been used by the User. At the same time, www.tujardincito.com will not be done either

responsible for an erroneous return made by the User. It is the responsibility of

User return the correct product.

● In general, www.tujardincito.com will not be responsible for any breach or delay

in the fulfillment of any of the assumed obligations, when it is due to

events that are beyond our reasonable control, that is, due to

cause of force majeure, and this may include, but not limited to:

o Strikes, lockouts or other protest measures.

o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or

no) or threat or war preparations.

o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or

any other natural disaster.

o Impossibility of use of trains, boats, airplanes, motor transports or other

means of transport, public or private.

o Impossibility of using public or private telecommunications systems.

o Acts, decrees, legislation, regulations or restrictions of any government or

public authority.

In this way, the obligations will be suspended during the period in which the cause of

Force Majeure continue, and www.tujardincito.com will have an extension in the term to

comply for a period of time equal to the duration of the force majeure.

www.tujardincito.com will put all reasonable means to find a solution that allows us

comply with our obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with

www.tujardincito.com are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and

recognizes that all contracts, notifications, information and other communications that www.tujardincito.com send electronically comply with the legal requirements of being in writing. This condition does not

will affect the rights recognized by law to the User.

The User can send notifications and / or communicate with www.tujardincito.com through the data

of contact that in these Conditions are facilitated and, in his case, through the spaces of contact

of the Website.

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Likewise, unless otherwise stated, www.tujardincito.com can contact and / or notify the

User in his email or in the postal address provided.

11. WAIVER

No waiver of www.tujardincito.com to a specific right or legal action or lack of requirement

by www.tujardincito.com of the strict compliance by the User of any of its obligations will suppose,

or a waiver of other rights or actions derived from a contract or the Conditions, or

the User will be exempt from the fulfillment of their obligations.

No waiver of www.tujardincito.com to any of these Conditions or rights or

actions derived from a contract shall take effect, unless it is expressly stated that it is

a waiver and formalize and communicate to the User in writing.

12. NULLITY

If any of the present Conditions were declared void and without effect by firm resolution

issued by the competent authority, the rest of the clauses will remain in force, without being left

affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document to which express reference is made in these constitute

the entire agreement between the User and www.tujardincito.com in relation to the object of

purchase and replace any other agreement, agreement or previous promise agreed upon

verbally or in writing by the same parties.

The User and www.tujardincito.com acknowledge having consented to the conclusion of a contract without having

trusted in any statement or promise made by the other party, except that which appears

expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to www.tujardincito.com in the course of

a transaction on the Website, will be treated in accordance with the provisions of the

data protection (Legal Notice and General Conditions of Use). When accessing, browsing and / or using

the Website the User consents to the processing of said information and data and declares that all the

information or data that facilitates are true.

15. APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation and / or use of this Website and the contracts for the purchase of products through the

same will be governed by Spanish legislation.

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Any controversy, problem or disagreement that arises or is related to access,

navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the

contracts of sale between www.tujardincito.com and the User, will be submitted to the non-exclusive jurisdiction of

the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send to www.tujardincito.com his complaints, claims or any other comment that

you wish to make through the contact information provided at the beginning of these Conditions

(General information).

In addition, www.tujardincito.com has official complaint forms available to consumers

and users, and that they can request to www.tujardincito.com at any time, using the data

of contact that are provided at the beginning of these Conditions (General Information).

Also, if the conclusion of this purchase contract between www.tujardincito.com and the User

emanate a controversy, the User as a consumer may request an extrajudicial solution of

disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council,

of May 21, 2013, on resolution of online litigation in consumer matters. Accessible

to this method through the website: http://ec.europa.eu/consumers/odr/.