Conditions of Sale

GENERAL CONTRACTING CONDITIONS

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website www.newgarden.es, property of NEWGARDEN SPAIN UK LIMITED under the trademark of NEWGARDEN, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website at the USER's disposal for reproduction and storage as confirmation of the contract, and may be modified at any time by THE PROVIDER. It is the USER's responsibility to retain them if they so wish, as well as to read them periodically, since those in force at the time of placing orders will apply. THE PROVIDER will archive the electronic document where the purchase is formalised and will have it available to the USER in case they request it.

Contracts shall not be subject to any formality except in 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:

You have read, understood and comprehend what is stated herein.

A person with sufficient capacity to enter into contracts and assumes all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and 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 acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted or acquired by the USER is NEWGARDEN SPAIN UK LIMITED , with registered office at 2nd Floor 168 Shoreditch High Street , London, United Kingdom, E1 6RA , VAT number 474573265, Company number 15825113 and customer service telephone number + 44 2045773017.

And on the other hand, the USER, registered on the website using a username and password, for which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the time when the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale involves the delivery, in exchange for a price determined and publicly displayed through 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 the email address hello@newgardenstore.co.uk so that THE PROVIDER can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting procedure

In order to access the products or services offered by the PROVIDER, the USER 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 that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5, 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, agreeing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, please be advised 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. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force Majeure.
6. Competence.
7. General information about the offer.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, charges 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, placing an order with the PROVIDER shall imply 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.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not send any order until it has verified that payment has been made.

Shipments of goods will usually be made by REDUR, DACHSER, TDN, UPS or any other transport agency collaborating with NEWGARDEN, according to the destination freely designated by the USER.

The guaranteed type of delivery is street level delivery. The order will be delivered to the customer at street level, under no circumstances will it be delivered or taken up to your home, office or premises. If you wish to request a quote for home delivery, you can contact hello@newgardenstore.co.uk.

Shipping will be carried out once the availability of the merchandise has been confirmed and payment for the order has been verified.

Delivery time will be between 3 and 20 working days, depending on the destination and the payment method chosen. The expected shipping and delivery date will be indicated prior to order confirmation. This period may be extended depending on the specifics of the product and/or shipping 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 within the stipulated period, 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 will not assume any responsibility when the delivery of the product or service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.

Delivery will be considered to have been made when the carrier has made the products available to the USER and the latter, or his/her delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand 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 portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.

It is the USER's responsibility to verify the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.

 

3. RIGHT OF WITHDRAWAL

The user may revoke the purchase or withdraw from the contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days after you or a third party indicated by you, other than the carrier, acquired physical 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 declaration. You have the option of completing and sending the model withdrawal form or any other unequivocal declaration to hello@newgardenstore.co.uk. We will inform you without delay, on a durable medium, of 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 UK LIMITED. will bear the costs of the return and new shipment.

 

If the reason for the return is that the order does not satisfy you:

• We will refund the amount, including delivery costs (except delivery costs if you have chosen an option other than ordinary delivery, in this case only the costs assigned by the website for ordinary delivery will be refunded) without any undue delay.
• The refund will 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 will be responsible for the direct cost of returning each item.
  
  TRANSPORT COSTS COLLECTION FOR EACH PRODUCT:
  For other countries, please contact hello@newgardenstore.co.uk .

 

• The refund will be made using the same payment method used in the initial transaction, unless you have expressly agreed otherwise, and provided that it does not entail additional costs.
• The company reserves the right to withhold reimbursement until it has received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest.

 

Exceptions to the right of withdrawal

The right of withdrawal will not apply to contracts that refer to the supply of goods made according to the consumer and user's specifications, clearly personalized or made to order. The product description will expressly indicate those that are made to order at the customer's request.

 

The right of withdrawal will not be accepted when the item being returned is not exactly the one purchased, has been unsealed after delivery, is not in perfect condition or has been opened or used.

*If the customer decides to send the defective product at their own expense, the customer will be responsible for the return costs.

 

The jute curtains and sails (product Esparto blinds/Awning, Shade sail (coconut fibre)) are handmade by a craftsman at the time of purchase. This is a custom product made ad-hoc, so there is no right of withdrawal. If the USER has any questions, they can contact hello@newgardenstore.co.uk . If the product arrives with any problem, the guarantee covers it.

 

The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007 , and which are related here.

The right of withdrawal is regulated in article 102 of Royal Legislative Decree 1/2007 , of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the obligation to provide information and documentation regarding the right of withdrawal, the deadline for exercising it will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

 

 

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

The PROVIDER will have Complaint Forms available when required by current legislation, available to users or consumers who request them. 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 claim that the USER considers appropriate will be attended to as soon as possible.

Contact addresses for complaints:

Postal address: NEWGARDEN SPAIN SL, AV. FRANCE, 5, PI LAS SALINAS, 30840 ALHAMA DE MURCIA (MURCIA)

Phone: +442045773017

Email: hello@newgardenstore.co.uk

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without having to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage with both parties to reach an agreement, and may ultimately 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. Fulfillment of the obligation shall be delayed until the cessation of the event of force majeure.

6. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any provision of these conditions is deemed void or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER shall be deemed to be subject to these Conditions.

No modification, alteration or agreement contrary to THE PROVIDER's Commercial Proposal or to what is stipulated herein will have any effect, unless expressly agreed in writing signed by THE PROVIDER, in which case, these particular agreements will prevail.

8. PRICE AND VALIDITY PERIOD 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 attached to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic value of some of the products may vary in real time.

Before making a purchase, you can check all the details of your quote online: items, quantities, price, availability, shipping costs, fees, discounts, taxes and the total purchase price. Prices may change daily until the order is placed.

Once the order is placed, prices will remain the same whether the products are available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be automatically sent by email in PDF format after payment and confirmation of the order.

For any information regarding the order, the USER may contact the customer service telephone number +442045773017 or via email to hello@newgardenstore.co.uk.

9. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.

Shipping costs will be calculated when saving the basket or quote, as they are calculated by the weight of the products and the delivery address.

Shipping

The purchased products will be delivered to the person and address indicated.

SHIPPING TO UNITED KINGDOM
. £ 5.99 (FREE on orders over £ 50)
. Delivery from 14 to 20 days on most of our products (there are products with shipping in 3-5 days, indicated on the product)

SHIPPING TO FRANCE, GERMANY AND ITALY
. £ 15 (FREE on orders over £ 50 )
You must select the corresponding language from the top menu to complete the purchase if you want to receive the order in one of these countries.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the financial transactions and enables the following methods for making payment for an order:

• Credit card
• PayPal
• Bank transfer
• Klarna

The USER may use a discount coupon at the time prior to completing the purchase if he or she has received it from the PROVIDER.

Safety 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 unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the 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.

Under the card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited.

11. PURCHASE PROCESS

Any product from our catalogue can be added to the basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets have no administrative link, they are just a section where you can simulate a budget without any commitment on either side.

From the basket you can place an order by following the steps below for its correct formalization:

1. - Checking billing data.
2. - Verification of the shipping address.
3. - Selection of payment method.
4. - Place the order (buy).

Once the order has been processed, the system sends an email to the PROVIDER's management department and another to the USER's email confirming the completion of the order.

Orders (purchase requests)

Prior to order confirmation, information will be provided regarding the status of the order and the approximate shipping and/or delivery date.

12. DISSOCIATION 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 remaining condition.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that are applicable to it.

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 RETURNS

The guarantees will respond to what is regulated in the Title referred to "Guarantees and after-sales services" 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 complementary laws, which you can access by clicking here

All our products have at least a three-year legal guarantee, for which NEWGARDEN SPAIN, SL is responsible as the seller of the product, under the legally established terms.

Likewise, manufacturers offer a commercial guarantee that can sometimes improve the terms and conditions of the legal guarantee. That is why it is very important that you read the guarantee conditions of each product, and keep the proof of purchase, as you will need it to benefit from the guarantee.

Defects caused by negligence, knocks, improper use or handling, unsuitable voltage, incorrect installation not carried out by the authorised Technical Service where applicable, or materials subject to wear and tear due to normal use are not included.

In those incidents that justify the use of the guarantee, the option will be to repair, replace the item, discount or return it, in accordance with the legally established terms.

To make the guarantee effective, contact us at the phone number +442045773017 or send us an email to the following address hello@newgardenstore.co.uk.

 

Consumption

You can submit a complaint form to the consumer. You can download the form from the following link , fill it out and send it to us by email at hello@newgardenstore.co.uk .

 

Communications

In the event that the user wishes to make any type of query or claim, he/she must contact NEWGARDEN SPAIN UK LIMITED., with address at 2nd Floor 168 Shoreditch High Street, London, United Kingdom, E1 6RA , e-mail hello@newgardenstore.co.uk and telephone +442045773017.

 

APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in all matters not expressly stated. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the Courts and Tribunals of the domicile of the provider (if not considered a consumer for the purposes of the TRLGDCU) or of the user (if considered a consumer for the purposes of the TRLGDCU).

 

ANNEX I. WITHDRAWAL FORM.

For the attention of:

Name: NEWGARDEN SPAIN UK LIMITED

VAT number: 474573265

Address: 2nd Floor 168 Shoreditch High Street, London, United Kingdom, E1 6RA

Phone: +442045773017

Email: hello@newgardenstore.co.uk

 

Details of the good/service to be withdrawn:

Contract/Order/Invoice No.:

Contract/order/invoice date:

Date of receipt of the product/service:

Product/Service Description:

Consumer/User Data:

Name:

Home:

Population:

* Phone:

* E-mail:

(* non-mandatory data)

 

Right of withdrawal: You may exercise your right of withdrawal within the 14-day period 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 et seq. of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, I inform you that I am withdrawing from the contract for the sale of the good/service described above within the established term, so I would appreciate it if you would contact me using the contact details provided, to notify me that this request has been processed.

Date of application:

Signature of consumer/user: