Terms & Conditions

General Terms and Conditions of Sale

 

  1. GENERAL INFORMATION

Ownership of this website, www.mygrees.es (hereinafter Website) is held by: My

Greens 2021 S.L., holder of Tax Identification Number: B16719148 and registered in: the Mercantile Register of Málaga; and whose registration details are: 2021C3671910281Z, and whose contact details are:

  • Address: Calle Felicidad 9, 29560 Pizarra. Spain
  • Contact telephone number: 663978716
  • Contact email: info@mygreens.es

 

This document (as well as any other document referred to herein) governs the conditions governing the use of this Website (www.mygreens.com) and the purchase of products and/or services on it (hereinafter referred to as the “Conditions”).

For the purposes of these Conditions, it is understood that the activity that My Greens® develops through the Website includes:

Marketing and distribution of sprouts, vegetables, flowers, seedlings and seeds

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 cookies policy, and the privacy and data protection policy of My Greens®. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and all the above and, if you do not agree to all of the above, you should not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Web Site, since those in force at the moment in which the purchase of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Terms and Conditions, he/she may contact the owner using the contact details provided above or, where applicable, using the contact form.

 

  1. THE USER

The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), therefore accept, from the moment you start browsing the Web Site, all the Terms and Conditions established herein, as well as its subsequent modifications, without prejudice of the application of the application of the corresponding legal regulation of obligatory fulfilment according to the case.

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

shall extend to:

Make use of this Web Site solely for the purpose of making inquiries and legally valid purchases or

purchases or legally valid purchases.

  • Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be contacted.
  • Provide truthful and lawful contact details, e.g. email address, postal address and/or other data (see Legal Notice and General Conditions of Use). The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Web Site.

The Website is primarily directed to Users residing in Malaga,Spain. My Greens® does not

ensures that the Web Site complies with the laws of other countries, either in whole or in part.

My Greens® declines all responsibility that may derive from such access, as well as does not assure shipments or provision of services outside Spain. The User will be able to formalize, at his choice, with My Greens® the contract of purchase and sale of products and/or services desired in any of the languages in which the present Conditions are available on this Web Site.

 

  1. PURCHASE OR ACQUISITION PROCESS

 

Users may purchase on the Website by the means and forms established.

They shall follow the online purchase and/or acquisition procedure of www.mygreens.es,

during which several products and/or services can be selected and added to the cart, basket or final

cart and, finally, click on “Buy and pay now”.

Likewise, the User must fill in and/or check the information that is requested at each step, although, during the purchase process, before making the payment, the data of the purchase can be modified.

 

Subsequently, the User will receive an email confirming that My Greens® has received his/her order or 

order or request for purchase and/or service provision, i.e., the order confirmation.

And, where appropriate, you will also be informed by e-mail when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website

to generate an electronic invoice that will be sent to the User by e-mail.

Likewise, the User may if he/she so wishes, obtain a copy of his/her invoice on paper,

requesting it to My Greens® using the contact spaces on the Website or through the contact details provided above.

 

The User acknowledges that he/she is aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question, which are shown next to the presentation or, where together with the presentation or, as the case may be, image of the same on the page of the Web Site, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be sent and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

 

  1. AVAILABILITY

 

All purchase orders received by My Greens® through the Web Site are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services.

In the event of difficulties in the supply of products or if there are no products in stock.

My Greens® undertakes to contact the User and reimburse any amount that may have been paid by way of a refund. This shall also apply in cases where the provision of a service becomes unfeasible.

 

  1. PRICES AND PAYMENT

 

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

unless by legal requirement, especially with regard to VAT, a different matter is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website.

Under no circumstances will the Website add additional costs to the price of a product or a service 

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

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

 

The accepted means of payment will be: Credit or debit card.

My Greens® uses all the means to guarantee the confidentiality and security of the payment

payment data transmitted by the User during transactions through the Website.

As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the bank issuing them, as well as by the

bank issuing them, if such bank does not authorize the payment, My Greens® will not be liable for any delay or or non-delivery and will not be able to formalize any contract with the User.

Once My Greens® receives the purchase order from the User through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction.The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where appropriate, places established.

In any case, by clicking on “Buy and pay now” the User confirms that the payment method used is his own.

 

  1. DELIVERY

 

In those cases in which it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Malaga to Marbella.

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the user.

If for any reason, for which it is responsible, My Greens® is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance, and the User may choose to go ahead with 

the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.

In any case, home deliveries are made on working days.

 

If the User is not going to be at the place of delivery at the agreed time, he/she should contact My Greens® to arrange delivery on another day.

For the purposes of these Conditions, it shall 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 shall be evidenced by the signature of the 

receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of delivery.

The User acquires the ownership of the products when My Greens® receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs.

 

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

purchase orders for delivery and/or service shall be understood as being located in the Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally

in force at any given time depending on the specific item in question.

 

  1. TECHNICAL MEANS TO CORRECT ERRORS

 

The User is informed that if he/she detects that an error has occurred when entering data necessary to process your purchase request on the Website, The User may modify them by contacting My Greens® through the contact spaces provided on the Website and, where appropriate, through those provided for contacting customer customer service, and/or using the contact details 

provided in the first clause (General Information). In any case, the User, before clicking on “Buy and pay now”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

 

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for more information on how to exercise their right of rectification as

as established in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) and in the Organic Law 3/2018, of December 5, 2018, on the

Protection of Personal Data and guarantee of digital rights.

 

  1. RETURNS

 

In the cases in which the User acquires products in or through the Web Site of the holder,

he/she has a series of rights, as listed and described below:

 

Right of Withdrawal

 

All products are ultra-fresh, that means that they have been harvested only a few hours before delivery. For being ultra-fresh and cut on demand, these products have no returns. In case you want to cancel the subscription, you must contact us 15 working days before the end of the subscription period. The subscription is paid in advance, and you will be assigned a space in the farm’s production space. In order to exercise this right of withdrawal, the User must notify My Greens®. He/she may do so, if necessary, through the contact spaces provided on the Website or by:

By telephone from 8:00 to 17:00 (Phone).

By e-mail with a response within 24 hours on working days (info@mygreens.es).

 

The User, regardless of the means he/she chooses to communicate his/her decision, must

express clearly and unequivocally that it is his intention to withdraw from the purchase contract.

In order to meet the withdrawal deadline, the communication expressing the decision to withdraw must be sent before the expiry of the relevant period.

 

In case of withdrawal, My Greens® will cancel the subscription for the month.

The User acknowledges knowing that he/she will have to bear the direct cost of return (transport, 

delivery) of the goods, should any be incurred. In addition, he/she will be responsible for the

diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in 

Article 103 of the Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

Users and other complementary laws. By way of example, and not exhaustive, this would be

personalized products: products that may deteriorate or expire quickly; CDs/DVDs of music or other

CDs/DVDs of music or video without their packaging, as sealed at the factory;

products that for hygiene or health reasons are sealed and have been unsealed after delivery.

 

On this Web Site, since this same Law establishes that the right of withdrawal will not be granted to 

the Users when the provision of the service has been completely executed, or when it has

executed, or when it has started, with the express consent of the consumer and

user and with the recognition on his part that he is aware that, once the contract has been fully performed by My Greens®, he will have lost his right of withdrawal.

 

In any case, no refund will be made if the product has been used beyond the mere opening of the product, products that are not in the same condition in which they were delivered or that have suffered any damage after delivery. Likewise, the products must be returned in perfect condition using or including all of their original packaging instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

 

Return of defective products or shipping error

 

This refers to all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that,

therefore, should contact My Greens® immediately and let them know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, the replacement of the same is the outcome. In the case of fresh products, it will be necessary to send an e-mail within 24 hours, from the moment of receipt of the product, attaching photographs of the goods.

 

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

within 14 days from the date on which we send you an email confirming the refund or replacement of the non-conforming item.The amount paid for those products that are returned because of a defect,

will be reimbursed in full, including delivery charges and any costs incurred by the customer.

Therefund will be made by the same means of payment that the User used to pay for the purchase.

In any case, it will always be the rights recognized in the legislation in force at any time for the User, 

as a consumer and user.

 

Warranties

 

The User, as a consumer and user, enjoys warranties on the products that he/she may purchase through this Web Site, established for each type of product.

My Greens® will be liable, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

 

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

they conform to the description made by My Greens® and possess the qualities presented therein; they are suitable for the purposes for which they are intended. They are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type, and which are essentially to be expected of the same. When this is not the case with respect to the products delivered to the User, the User shall proceed as indicated in the section “Return of defective products”. However, some of the products marketed on the Web Site, may have nonhomogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product and will not be a defect.

 

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the

User that it is a defective product, he/she also has the possibility to contact the brand or manufacturer responsible for the product in order to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. To do so, the User must have

retained all information regarding the warranty of the products.

 

  1. DISCLAIMER 

Unless otherwise provided by law, My Greens®accepts no liability for the following losses, 

irrespective of their origin:

  • Any losses which were not attributable to any breach by My Greens®;
  • Business losses (including loss of profits, loss of revenue, loss of contracts, loss of anticipated savings, loss of data
  • Business losses (including loss of profits, revenues, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss not attributable to any breach by you; or any other indirect loss which was not reasonably foreseeable by both parties at the time 

the contract of sale of the products was concluded between the parties.

 

Similarly, My Greens® also limits its liability as to the following cases:

 

  • My Greens® applies all measures concerning the provision of a faithful visualization

of the product on the Website, however, it shall not be liable for the slightest differences

or inaccuracies that may exist due to lack of screen resolution, or problems with the browser 

being used or others of this nature.

 

My Greens® will act with the utmost diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, My Greens® is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays and, in general, any other causes typical of the other typical of the sector, resulting in delays, loss or theft of the product.

 

  • Technical failures that for fortuitous or other reasons, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. My Greens® puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.

 

  • My Greens® shall not be liable for the misuse and/or wear and tear of the products that

used by the User. At the same time, My Greens® shall not be held responsible for an erroneous return

by the User. It is the responsibility of the User to return the correct product.

 

In general, My Greens® shall not be liable for any failure or delay in the fulfilment of any of its obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to, the following:

 

o Strikes, lockouts or other industrial action.

o Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

o Fire, explosion, storm, flood, flooding, earthquake, subsidence, epidemic or any other natural disaster.

o Impossibility of the use of trains, ships, airplanes, motor transport or other means of transportation, public or private.

o Impossibility of using public or private telecommunications systems.

o Acts, decrees, legislation, regulations, rules or restrictions of any government or public authority.

authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and My Greens ©will have an extension of time to fulfill them for a period of time

equal to the duration of the force majeure. My Greens® will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure.

 

  1. WRITTEN COMMUNICATIONS AND NOTICES

 

By using this Web Site, the User accepts that most of the communications with My Greens® will be

electronic (e-mail or notices posted on the Website).

For contractual purposes, the User consents to the use of this electronic means of

communication and acknowledges that all contracts, notices, information and other communications that My Greens® sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.

 

The User can send notifications and/or communicate with My Greens® through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

 

Likewise, unless otherwise stipulated, My Greens® may contact and/or notify the User by e-mail or in writing to the User by e-mail or at the postal address provided.

 

  1. WAIVER

 

My Greens’s© failure to require strict compliance by the User with any of its obligations shall not

constitute a waiver of any other rights or remedies arising from any contract or the

contract or the Conditions, nor shall it exonerate the User from the fulfilment of its obligations.

 

No waiver by My Greens® of any of these Terms or of any rights or remedies or actions arising from a contract shall be effective unless it is expressly stated as a waiver and is formalized and communicated to the User in writing.

 

  1. VOID

If any of these Terms and Conditions are declared null and void by a final decision by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.

 

  1. ENTIRE AGREEMENT

 

The present Conditions and any document to which express reference is made in the present Conditions constitute the entire agreement existing between the User and My Greens® in relation to the object of the sale and purchase and supersede any other prior covenant, agreement or promise made orally or in writing by the same parties.

The User and My Greens® acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

 

  1. DATA PROTECTION

The information or personal data provided by the User to My Greens® in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection

 (contained, if any, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Web Site the User consents to the processing of such information and data and declares that all information or data provided is truthful.

 

  1. APPLICABLE LAW AND JURISDICTION

 

The access, navigation and/or use of this Web Site and the contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, browsing and/or use of the Web Site, or to the use of the Web Site, or to the use of the Web Site,

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

or with the sales contracts between My Greens® and the User, shall be subject to the non-exclusive jurisdiction of the courts and tribunals

non-exclusive jurisdiction of the Spanish courts and tribunals.

 

  1. COMPLAINTS AND CLAIMS

 

The User can send to My Greens® his complaints, claims or any other comment he wishes to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, My Greens® has official complaint forms available to consumers and users, which they can request from My Greens®at any time, using the contact details provided at the beginning of these Conditions (General Information). Likewise, if from the conclusion of this purchase contract between My Greens® and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 December European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.

2009/22/EC. You can access this method through the following website:

http://ec.europa.eu/consumers/odr/.