General Terms and Conditions
OBJECT
The purpose of this document is to regulate the General Contracting Conditions to which the commercial transactions carried out between MARTA SÁNCHEZ BÁRCENA and the purchaser (hereinafter, THE CLIENT) of the products and/or services offered through the website are subject. https://xn--barcenadiseofloral-x0b.es/These General Conditions set out the relationship between the parties involved (MARTA SÁNCHEZ BÁRCENA and THE CLIENT) and may occasionally be supplemented by Specific Conditions that, where applicable, apply to certain products and/or services, and which shall prevail in the event of a contradiction. The acquisition of any of the products and/or services offered on https://xn--barcenadiseofloral-x0b.es/ implies absolute and unreserved acceptance of these General Terms and Conditions, which may be modified without prior notice. Modifications will be published in this same medium for the benefit of Users, and will come into effect on that date.
IDENTITY OF THE CONTRACTING PARTY
The person responsible for the service provided through this website is MARTA SÁNCHEZ BÁRCENA, with CIF / NIF 02265744Z and address at C/ MAYOR 112, 28971 – GRIÑÓN (MADRID), telephone 686 960 039 and e-mail barcenasflorista@gmail.com
DESCRIPTION OF THE CONTRACT / ORDER
The commercial and contractual information offered in https://xn--barcenadiseofloral-x0b.es/ It is provided in Spanish. The formalization of the contract and communication with Customers will also be carried out in this language. The products and/or services offered on the website comply with Spanish legislation and consist of the sale of floristry and plants. The product and/or service contracted by THE CUSTOMER is the one listed in their electronic or paper order, or the one reflected in the corresponding invoice. THE CUSTOMER makes a binding offer to MARTA SÁNCHEZ BÁRCENA upon completion of the order, after having provided us with the necessary information. The sales contract concludes upon shipment of the product or contracting of the service. However, if the requested item is unavailable, MARTA SÁNCHEZ BÁRCENA reserves the right to return the item and, if applicable, will inform THE CUSTOMER and refund the payment received immediately. The minimum age to place orders in the MARTA SÁNCHEZ BÁRCENA store is 18 years of age. It is assumed that MARTA SÁNCHEZ BÁRCENA offers commercial information truthfully and accurately. This information may occasionally contain typographical errors. In this case, which is entirely beyond the control of MARTA SÁNCHEZ BÁRCENA, it will be corrected as soon as it is detected. If the error was decisive in preventing THE CUSTOMER from purchasing the product and/or service, they may cancel the purchase at no cost. MARTA SÁNCHEZ BÁRCENA reserves the right to modify the characteristics of the commercial offers presented on this website at any time.
PRICE AND PAYMENT METHOD
As a general rule, the prices of the products or services displayed on the website include applicable taxes. Shipping costs, if applicable, are not included and will be reported during the purchasing process. The price to be paid by the CUSTOMER for the product or service and the payment method will be those indicated both in the MARTA SÁNCHEZ BÁRCENA store and in the order. The only accepted payment method is by bank card/payment gateway. The establishment of a discount, offer, or benefit graciously granted by MARTA SÁNCHEZ BÁRCENA to the CUSTOMER, even if recurring over time, will not imply its consolidation or the indefinite right of the latter to enjoy it, nor will it mean a tacit or express waiver by MARTA SÁNCHEZ BÁRCENA of the right to charge the full price on subsequent occasions. The prices of the products or services may vary at any time. In this case, the price to be applied will be the one in effect on the date the order is placed. In any case, the final cost will be communicated to the CUSTOMER during the online purchasing process before formal acceptance. In the case of contracting special or personalized products or services whose price is not included on the website, a specific quote will be prepared and must be approved by the CUSTOMER prior to contracting. Acceptance of this quote may imply acceptance of specific conditions, warnings, or instructions that are specific, substitute, or supplementary to these general conditions.
CONDITIONS
MARTA SÁNCHEZ BÁRCENA will send your order to the CUSTOMER's home or another address of their choice, using the specialized, reliable suppliers they determine.
The delivery date to the CUSTOMER's address will depend on the shipping area and the availability of the selected product in stock.
However, in all cases, it is the CUSTOMER'S obligation to check the details of the order, especially the shipping address, costs, and delivery times, before placing the order. MARTA SÁNCHEZ BÁRCENA is not responsible for delays, delays, or inability to deliver due to errors in the CUSTOMER's data. Likewise, when errors in the CUSTOMER's data generate shipping costs, they will be borne by the CUSTOMER. Errors not attributable to the CUSTOMER will not incur any costs.
WARRANTIES
Warranty periods for products purchased by consumers and users.
The following warranty periods are reported:
- In the case of newly purchased products, the warranty period is three years from the date of delivery of the purchased item.
- In the case of second-hand products purchased, the warranty period will be one year from delivery.
During the indicated periods, all defects covered by the warranty will be repaired free of charge. The warranty is void for any damage due to mishandling or improper use of the purchased item.
Non-conforming products purchased by consumers and users.
If defects or any other lack of conformity with the purchase become apparent within the first two years of delivery, the defect is presumed to be original. For second-hand products, the defect is presumed to be original if it becomes apparent within the first year of delivery. These presumptions will not apply in cases where it is incompatible with the nature of the product, for example, in the case of perishable products that do not have a long shelf life.
In these cases, THE CUSTOMER may, by means of a simple declaration, demand the correction of said lack of conformity (through repair or replacement), the reduction of the price or the termination of the contract.
CLAIMS HANDLING
To report a lack of conformity or to file any other type of claim, THE CUSTOMER may send a letter to the postal address C/ MAYOR 112, 28971 – GRIÑÓN (MADRID), or to the email address barcenasflorista@gmail.com.
WITHDRAWAL BY CONSUMERS AND USERS
THE CUSTOMER, considered a consumer and user, has the right to terminate the contract within fourteen calendar days, without stating the reason for such termination. This period is counted from the date of delivery to THE CUSTOMER, or their authorized representative, other than the carrier.
To exercise your right of withdrawal, THE CUSTOMER must contact MARTA SÁNCHEZ BÁRCENA, with CIF / NIF 02265744Z, by post to the address C/ MAYOR 112, 28971 – GRIÑÓN (MADRID), or by sending an email to barcenasflorista@gmail.comIn both cases, you must clearly state your decision to exercise your right of withdrawal. You can also use the following form (link to the form), although it is not mandatory.
Effects of withdrawal:
Once the right of withdrawal has been exercised, MARTA SÁNCHEZ BÁRCENA will refund the CUSTOMER all amounts received within a maximum period of fourteen calendar days from the date of receipt of the notification. The CUSTOMER must return the products to MARTA SÁNCHEZ BÁRCENA within an identical period of fourteen calendar days from the notification of withdrawal, and must be accompanied by supporting documentation: the delivery note, the invoice, etc.
DATA PROTECTION
The parties are subject to current data protection regulations. MARTA SÁNCHEZ BÁRCENA has a Corporate Privacy Policy available at: https://xn--barcenadiseofloral-x0b.es/.
To contract or request information about a specific product or service, it is necessary to provide personal data through the corresponding form in order to formalize the contract or respond to the request. Additionally, THE CLIENT may, through the registration forms, grant or deny consent for certain processing of their data and may exercise the rights recognized in the data protection regulations by directing their request in writing, accompanied by a photocopy of their ID, to the following address: C/ MAYOR 112, 28971 – GRIÑÓN (MADRID), specifying their data and the reasons for their request. They may also exercise their rights through email. barcenasflorista@gmail.com always complying with the requirements and demands of current regulations. MARTA SÁNCHEZ BÁRCENA generally does not transfer CUSTOMER data, except for the management and collection of payments from the corresponding credit institutions where necessary and in cases where legally required. In those cases where it is necessary to transfer CUSTOMER data, MARTA SÁNCHEZ BÁRCENA will request the corresponding authorization to do so. In cases where THE CUSTOMER provides the data of third parties, including contact persons, they must, beforehand and under their own responsibility, request their consent to do so and inform them of MARTA SÁNCHEZ BÁRCENA's Privacy Policy and the provisions of this clause and current regulations. THE CUSTOMER will guarantee the truthfulness, accuracy, authenticity, and validity of the data, whether their own or that of third parties, provided through the various forms, and must keep them updated at all times. Any data provided by THE CLIENT throughout the contractual relationship will be processed by MARTA SÁNCHEZ BÁRCENA, taking into account its privacy policy, to which THE CLIENT has access at all times, and adopting, in each case, the appropriate technical and organizational measures to guarantee the security and legality of the processing. THE CLIENT accepts these terms and conditions.
NOTIFICATIONS AND COMMUNICATIONS
Any notifications or communications that MARTA SÁNCHEZ BÁRCENA must send to the CLIENT regarding the execution or fulfillment of this contract must be sent to the telephone number, email address, or address indicated by the CLIENT for this purpose. This communication will not be considered a commercial communication. Furthermore, the CLIENT must be aware that, in accordance with Article 21.2 of the Law on Information Society Services, MARTA SÁNCHEZ BÁRCENA may send promotional communications by electronic means regarding products or services from its own company, similar to those initially contracted. You may exercise your right to object by sending your request in writing, accompanied by a photocopy of your ID, to the following address: C/ MAYOR 112, 28971 – GRIÑÓN (MADRID). You may also exercise this right by email. barcenasflorista@gmail.com always complying with the requirements and demands of current regulations.
USE OF THE PORTAL
- User Responsibility: Visitors, customers, and users of this website are responsible for carefully reading the General Conditions of Use detailed herein. Use of or access to the portal implies knowledge and full acceptance of each and every one of the legal warnings and conditions established.
- General conditions of use: The portal https://xn--barcenadiseofloral-x0b.es/ provides access to a multitude of information, services, programs or data (hereinafter, "the contents") on the Internet belonging to MARTA SÁNCHEZ BÁRCENA or its licensors to which THE CLIENT/USER may have access. THE CLIENT/USER assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or contents. In said registration, THE CLIENT/USER of the portal will be responsible for providing truthful and lawful information. As a result of this registration, THE CLIENT/USER may be provided with a password for which they will be responsible, committing to make diligent and confidential use of it. THE CLIENT/USER undertakes to make appropriate use of the content and services (such as chat services, discussion forums or newsgroups) that MARTA SÁNCHEZ BÁRCENA offers through its portal and, by way of example but not limited to, not to use them to (i) engage in illicit or illegal activities or those contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or in violation of human rights; (iii) cause damage to the physical and logical systems of MARTA SÁNCHEZ BÁRCENA, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that may cause the aforementioned damage; (iv) attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. MARTA SÁNCHEZ BÁRCENA reserves the right to remove any comments and contributions that violate respect for human dignity, are discriminatory, xenophobic, racist, pornographic, or threaten youth or childhood, public order or safety, or that, in its judgment, are unsuitable for publication. In any case, MARTA SÁNCHEZ BÁRCENA will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.
3.- Right of exclusion
MARTA SÁNCHEZ BÁRCENA reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these General Conditions of Use.
4.- Exclusion of guarantees and liability
MARTA SÁNCHEZ BÁRCENA shall not be liable, under any circumstances, for damages of any kind that may be caused by, but not limited to: errors or omissions in the content, lack of availability of the portal, or the transmission of viruses or malicious or harmful programs in the content, despite having adopted all necessary technological measures to prevent them. Likewise, it shall not be liable for the lack of legality, quality, reliability, usefulness, or availability of the services provided by third parties and made available to users on this website.
5.- Links
In the event that in https://xn--barcenadiseofloral-x0b.es/ If links or hyperlinks to other websites are provided, MARTA SÁNCHEZ BÁRCENA will not exercise any control over said websites and content. Under no circumstances will MARTA SÁNCHEZ BÁRCENA assume any responsibility for the content of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity, or constitutionality of any material or information contained in any of said hyperlinks or other websites. Likewise, the inclusion of these external links will not imply any type of association, merger, or participation with the connected entities.
6.- Intellectual property
MARTA SÁNCHEZ BÁRCENA, either itself or as an assignee, is the owner of all intellectual and industrial property rights of its website, as well as of the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by MARTA SÁNCHEZ BÁRCENA or its licensors. The reproduction of the elements mentioned in the previous section and of all or part of the contents of this website, their distribution, public communication and transformation, exploitation (especially commercial or industrial), assignment, rental, sale, loan, making corrections, extractions and/or reuses or the exercise of any other intellectual or industrial property rights over them that have not been expressly conferred by MARTA SÁNCHEZ BÁRCENA in writing, is expressly prohibited. THE CLIENT/USER acknowledges the Intellectual and Industrial Property rights of MARTA SÁNCHEZ BÁRCENA. THE CLIENT/USER undertakes to respect the Intellectual and Industrial Property rights held by MARTA SÁNCHEZ BÁRCENA. They may view the elements of the portal and even print, copy, and store them on their computer's hard drive or any other physical medium, provided that this is solely and exclusively for their personal and private use. THE CLIENT/USER must refrain from deleting, altering, circumventing, or manipulating any protection device or security system installed on the pages of MARTA SÁNCHEZ BÁRCENA. THE CLIENT/USER may not use in any way the trademarks, logos, trade names, internet domains, or any other distinctive sign of MARTA SÁNCHEZ BÁRCENA without the prior express written consent of the latter.
7.- Data Protection
The provisions of the relevant section of these terms and conditions and the Corporate Privacy Policy, available on the website, will apply.
INTEGRITY
The total or partial invalidity, current or subsequent, of any of the clauses of these General Terms and Conditions of Contract shall not entail the invalidity of the remaining clauses, which shall remain in force until they are annulled. In such cases, the parties may agree to replace the invalid clause with an equivalent one.
APPLICABLE LEGISLATION FOR DISPUTE RESOLUTION
Sales made in https://xn--barcenadiseofloral-x0b.es/ are subject to Spanish law.
Extrajudicial dispute resolution:
If the CUSTOMER is a consumer, in accordance with Article 40 of Law 7/2017, of November 2, in conjunction with Article 14 of Regulation (EU) 524/2013, the CUSTOMER is informed that, since February 15, 2016, the European Commission has provided a platform for out-of-court dispute resolution. Consumers have the opportunity to resolve disputes related to their online order without the intervention of a judge. This dispute resolution platform can be accessed via the external link. https://ec.europa.eu/consumers/odr/
However, we point out that MARTA SÁNCHEZ BÁRCENA is not, in principle, prepared to proceed with online dispute resolution through the platform, and submission to this system is not mandatory. We expressly inform you that MARTA SÁNCHEZ BÁRCENA is not affiliated with the Consumer Arbitration System or other alternative dispute resolution entities for resolving disputes, and is not obligated to do so.Applicable jurisdiction for the judicial process:
The parties involved agree that all disagreements, controversies, divergences or contentious issues arising from this contract will be resolved:- In the event that the defendant is a business owner or professional, at their home or at the place where they carry out their activity and, if they have establishments under their control in different locations, at any of them at the plaintiff's choice.
- In the event that the defendant is a legal entity, before the Courts and Tribunals of the defendant's domicile or the place where the situation or legal relationship to which the dispute refers arose or is to take effect, provided that the defendant has an establishment open to the public in said place or a representative authorized to act on its behalf.
- If the defendant is an entity without legal personality, it may be sued at the address of its managers or at any place where it carries out its activities.
However, if THE CLIENT is a consumer, the parties agree that all disagreements, controversies, divergences or contentious issues arising from this contract will be resolved before the courts and tribunals of the consumer and user's domicile or before the corresponding courts or tribunals in accordance with articles 50 and 51 of the Civil Procedure Law, that is, the domicile of the defendant or the place where the situation or legal relationship to which the dispute refers arose or is to take effect (provided that in said place they have an establishment open to the public or an authorized representative to act on behalf of the entity), at the consumer's choice, provided that individual actions by consumers or users are exercised.
In proceedings where an action for cessation is brought to defend the collective and general interests of consumers and users, the court of the place where the defendant has an establishment shall have jurisdiction, and in the absence of such a place, the court of the defendant's domicile; if the defendant has no domicile in Spanish territory, the court of the plaintiff's domicile.
Finally, both parties acknowledge that they have read and fully understood the conditions set forth herein at the time of entering into the contract and that, where necessary, they have sought and obtained appropriate advice. Therefore, they understand that there are no ambiguous, obscure, or incomprehensible clauses in this agreement and waive the invocation and application of Article 1288 of the Civil Code and Articles 6 and 7 of Law 7/1998, of April 13, on General Contract Conditions.
In Madrid, March 5, 2025