Termini e condizioni di utilizzo

1. Ownership of the online shop and contact data.

The ownership of the domains of our online store, www.tomatomonterosa.com belongs to SEMILLAS FITÓ, SA, Sociedad Unipersonal, Tax ID Number A-08469215 (hereinafter, SEMILLAS FITÓ) located in 111, Selva de Mar Street; Barcelona (Postal Code 08019).

Notwithstanding the above mentioned postal address, you can contact SEMILLAS FITÓ by email info@semillasfito.com, by phone 93 303 63 60 or fax: 93 303 63 73. Calling hours are from 09:00 to 13:00 and 15:00 to 19:00 from Monday to Friday.

2. Purpose of these general terms of purchase.

These General Terms of Purchase expressly regulate relations between SEMILLAS FITÓ and users and customers who purchase products offered through the online store accessible from the address www.tomatomonterosa.com.

This website is intended for end consumers, in the sense established by Royal Decree 1/2007 of November 16th, which approves the revised text of the General Law on Protection of Consumers and Users, and for customers’ own consumption, for other people on behalf of whom the client is legally authorized to act. Therefore, wholesalers, distributors, purchasing groups, hypermarkets or other professional intermediaries in the food sector and its related sectors are excluded.

Accordingly, the resale of products purchased through this website is strictly prohibited.

By buying and/or browsing through the online store the acceptance of all of SEMILLAS FITÓ’s published General Terms of Purchase is express, full, unreserved and complete.

Also, SEMILLAS FITÓ keeps the right to modify and adapt to current regulations at all times these General Purchase Conditions and the special conditions that regulate their various campaigns, promotions and sales (products, prices and other conditions) publishing any changes in its website to provide the appropriate user information, indicating the date they go into effect.

3. Information provided in the website.

SEMILLAS FITÓ agrees to provide the maximum possible information in an accurate way and without involuntary errors. Therefore, where appropriate, SEMILLAS FITÓ will proceed to immediate correct any mistakes. It is possible that the contents of the website can show sometimes provisional information on some products. In any case, if the information provided on the website does not correspond to the actual characteristics of the product, the customer is entitled to cancel the purchase at no cost on their part.

4. Purchase of products.

4.1. Products.

The products offered on this website comply with all the requirements of the relevant regulations regarding labeling, storage, hygiene, production and transportation regulations.

4.2. Geographical area.

Sales made through this website are only available in mainland Spain for fresh produce and the territory of the European Union (excluding outermost regions) for other products (seeds).

For shipments of products outside the territory established in the previous paragraph, you will need to contact SEMILLAS FITÓ through the above-mentioned ways. Shipments of orders placed in recent destinations may be subject to increased shipping costs. Also, delivery times for these territories will be indicated by SEMILLAS FITÓ to the client making a request to said territories.

4.3. Price.

The prices of the products offered on this site are available only in euros. Published prices include the corresponding updated VAT in Spain.

However, the indicated price does not include delivery expenses, which will be added to the order’s total amount during the purchase process. Shipping costs are 5 € for fresh produce.

SEMILLAS FITÓ reserves the right to modify sale prices listed on the website at any time. However, products will be invoiced based on the prices shown at the time when the order is registered and are subject to availability on that date.

4.4. Ordering.

In order to make a purchase it is necessary to connect to the online store www.tomatomonterosa.com where the client can register as a user, completing the electronic form provided to that effect according to the instructions therein. Once the user is registered, to proceed with the purchase of products the user must indicate the product they want to buy, according to the instructions on the screen, filling the provided order form and confirming that it is correct and complies with the desired products.

The user can also carry out the execution of the order as a “guest” without the need to be a registered user of the website. In this case, they must also fill in the provided electronic form for this purpose and follow the instructions therein.

The validation of the order by the user/client (either as a “Registered Customer” or as a “Guest”) expressly implies knowledge and acceptance of these Terms and Conditions as part of the contract. Unless proved otherwise, the data recorded by SEMILLAS FITÓ constitutes proof of all transactions between SEMILLAS FITÓ and its customers. In this sense, SEMILLAS FITÓ will store the electronic document formalizing the agreement and it will make it accessible for the client.

Orders of less than a 4KGS box or a 10 seeds envelope (hereinafter “minimum order”) will not be accepted.

Once the purchase is complete and in the shortest time possible, always before the time of delivery of the order, SEMILLAS FITÓ will send proof of purchase to the customer by e-mail. If you do not agree with the data provided in the confirmation document, the customer may request the amendment of said data or cancel the order.

4. 5. Product Availability.

The selection of products offered by SEMILLAS FITÓ is valid as long as the products are visible on the website. Each product’s file indicates whether the product is available or not.

Unless expressly stated otherwise, the approximate time of delivery for the products within mainland Spain is 24 hours, to which one must add the delivery time by SEMILLAS FITÓ transport providers. Regarding seed orders outside Spain’s mainland, and within the region established in section 4.2. above, the delivery time will be approximately expressly indicated in each case to the customer by SEMILLAS FITÓ.

The above-mentioned periods are computed on weekdays -Monday to Friday-, since SEMILLAS FITÓ does not dispatch on holidays, Saturdays or Sundays. Delivery times are approximate. In the event that an article is unavailable, SEMILLAS FITÓ will contact the customer to immediately notify and provide a new delivery date or, if that product is permanently unavailable, proceed to the cancellation of the contract. SEMILLAS FITÓ does not agree under any circumstance to carry out the order within the time described, only provided for guidance, especially in cases that involve contingencies or situations that prevent or hinder the processing of orders for reasons not assignable to SEMILLAS FITÓ. In any case the delay in delivery in relation to the specified deadlines shall entitle the customer to demand any type of compensation.

4.6. Payment.

The following means of payment are accepted:

• Payment by credit/debit card (Visa, MasterCard, In case the payment is made by credit card, the charge will be made when the user clicks the “Continue” button in the window in which your card data is requested. In the event that the POS shows a refuse card message, the customer will be immediately informed online and the order will be cancelled.

• Payment via PayPal platform. This payment has a surcharge of 4% over the order’s value due to the fees charged by the platform. Payment of the order is confirmed immediately. The buyer assumes it.

SEMILLS FITÓ reserves the right to change the terms of payment, being able to create new ones, or delete any of the existing ones, without the user/client of “www.tomatomonterosa.com” can complain for this reason. However if the change in the method of payment affects an already-made order, www.tomatomonterosa.com will contact the customer to inform them of the change, giving the option to cancel the order if considered appropriate.

4.7. Delivery.

Semillas Fito agrees to deliver the goods in perfect condition to the delivery address indicated in the order form.

The user customer/agrees to be present at the time arranged for delivery or authorize an adult third person to receive the order (no products will be delivered to PO boxes or in public places). In case the client or the authorized person are not present at the time of delivery, forwarding expenses will be charged to the customer by the amounts set out in the previous 4.3 paragraph.

You can request the delivery of the order in a different address and to a different person other than the one who signs the order, provided the order has not been dispatched yet, and the address indicated is situated in the territory established in accordance with the provisions of point 4.2. of these General Terms of Purchase.

4.8. Right of withdrawal and cancellation.

According to the provisions of Article 103 of the Royal Decree 1/2007 November 16th, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the user/customer is not entitled to withdraw of fresh produce offered on this website.

Relating seeds, the withdrawal period is 14 days without stating the reason, the return of all expenses incurred, including costs of delivery (with the exception of the additional costs resulting from the choice of a mode other than the least expensive type offered on our website) delivery or reimbursement using the same means of payment used in the initial transaction, unless you have expressly stated otherwise; in any case, they will not have to face any expenses as a result of repayment.

To exercise the right of withdrawal from the purchase of envelopes or packets of seeds, it is necessary that both the products and the packaging are in perfect condition. In the event that the seed container has been opened, tampered with, damaged or preserved in a manner detrimental to the health of the seeds, the right of withdrawal will not be attended.

In the event of the existence of right of withdrawal, if necessary, it can be exercised by sending to the contact address (preferably by mail) mentioned in the following withdrawal form:

WITHDRAWAL RIGHT FORM:

To the attention of: Semillas Fito, SA, Sociedad UnipersonalCalle Selva de Mar, nº 111 08019 Barcelona

Fax: Email: Hereby, Mr/Ms __________________________, of legal age, with National ID Number.- __________________ who lives in this address____________________ exercises the right to cancel the contract of sale of the following product/s (Where the entire purchase is applicable, indicate ALL) Order number _____________, received on date _______________Signature of consumer and user.Date

Without prejudice to the exercise of the right of withdrawal in cases where appropriate, the cancellation of an order will only be possible if it has not yet been issued. The cancellation may be made by sending an email to the address info@semillasfito.com, available for this type of issues.

4.9. Deterioration or shipping error.

In case any product or the full shipment arrives in a deteriorated or inappropriate condition, etc. the customer must contact SEMILLAS FITÓ via info@semillasfito.com within 24 hours after receiving the order. In this case, the customer needs to take a photo of each of the products in poor condition, so that SEMILLAS FITÓ can file the appropriate complaint file against the transport company.

4.10. Guarantee of acquired products.

4.10.1 Fresh Produce.

Regarding guarantees and after-sales service, SEMILLAS FITÓ, in its capacity as seller, will respond to the customer under the terms provided by the Royal Decree 1/2007 November 16th, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, with the applicable limitations of fresh produce being sold, given that these are perishable products.

4.10.2. Other products (Seeds).

Regarding guarantees and after-sales service, SEMILLAS FITÓ, in its capacity as seller, will respond to the customer under the terms provided by the Royal Decree 1/2007 November 16th, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.

Photographs, descriptions and tips for planting and aftercare of plants and/or fruits, contained in catalogs, documents and other SEMILLAS FITÓ websites are given for information only and under no circumstances are contractual.

The seller guarantees the buyer delivering real, healthy and of high merchantable quality goods, depending on the state of technical knowledge during the production period.

The results of the seeds obtained by our consumers depend on many factors, not only on the variety and quality of the seed but also on the difficulty or impossibility to assess or predict factors which vary according to each particular region, environment, agronomic and weather conditions, the evolution of technical knowledge, skills, farming operations, etc.

Therefore, advice, suggestions and vegetation cycles precocity are provided for information only. They cannot be considered as contractual commitments or carry any results guarantee.

Given the nature of products sold, the seller’s liability in case of errors recognized and proven cannot, in any case and especially in terms of authenticity, varietal purity, specific purity, germination or resistance strains or races unknown parasites currently exceed the total amount of the delivery of the item involved, including reasonable expenses resulting from the return of the goods.

4.11. SEMILLAS FITÓ responsibility.

SEMILLAS FITÓ can not be held liable for breach of contract in case of shortage of stock or unavailability of the product, due to force majeure, business disruption or total or partial strike, particularly of postal services and transportation or communications, flood or fire.

SEMILLAS FITÓ is not responsible for damages that may result from interference, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operation of the electronic system or appliances and computers of users who were motivated by causes not assignable to SEMILLAS FITÓ which prevent or delay the provision of services or browsing through the online store, or delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems, or the impossibility of the service or allow access for reasons not attributable to SEMILLAS FITÓ due to users, third parties (also in case of use of links, banners, etc.) or force majeure.

Generally, SEMILLAS FITÓ does not control the use that users of the online store and the website in general regarding these General Terms of Purchase with the law, morals, generally accepted good customs and public order, or that they do so diligently and prudently.

4.12. Obligations of customers and users.

Users/customers must comply with these General Terms of Purchase and warnings or instructions contained in the website, and to act at all times in accordance with the law, good customs and the requirements of good faith and with due diligence.

Access and use of the portal to minors, without the express consent of their parents, is prohibited. SEMILLAS FITÓ cannot accept responsibility for the accuracy of the data filled by the user, so it cannot verify their age.

In particular, and without prejudice to the provisions of the preceding clause, customers and users must:

a) Accept all the provisions in these General Terms and Conditions, understanding that they reflect the best possible intentions for the development of the activity of SEMILLAS FITÓ.

b) Provide accurate information about the requested data in the registration and ordering forms, and keep all the data provided up to date.

c) Not enter, store or transmit to or from the website any information or material that is defamatory, libelous, obscene, threatening, racist, incites violence or discrimination based on race, sex, ideology, religion or in any way prejudicial to morality, public order, fundamental rights, public freedoms, honor, privacy or the image of others, and in general, to meet all current regulations.

d) Not enter, save or transmit through the online shop any programs, data, viruses, code, or any other electronic or physical device that is capable of causing damage to the website, in any of the services or any of the equipment, systems or networks SEMILLAS FITÓ, any other user, SEMILLAS FITÓ providers or any third party in general.

e) Keep and protect confidentially and with the utmost diligence, specially the personal passwords that in his case, give access to the website, taking responsibility for the damages that may result from improper use of them.

f) Not make advertising or commercial exploitation through the website, and not use the contents and information of it to send advertising, messages with any other commercial purpose, collect or store personal data of third parties.

g) Not to use false identities or impersonate others in the use of the website or using any services thereof, including the use of passwords or access codes of third parties or otherwise

h) Not to destroy, alter, take advantage, disable or damage data, information, programs or electronic documents belonging to SEMILLAS FITÓ, its suppliers or third parties.

i) Not enter, store or transmit any content that infringes intellectual property rights, industrial or business secrets of others, or in general any content of which does not hold, in accordance with applicable regulations, the right to make property available to third parties, through the website.

j) Facilitate the delivery of the order requested by providing a delivery address where you can be found for the usual time of delivery of goods (Monday to Friday from 10:00 to 13:30 and 16:00 to 18:00) .

k) Assume the responsibility and consequences that may result from use of the website and any effect -direct or indirect-, that may arise from it (economic performance, technical, legal, adverse etc.), with an obligation to keep SEMILLAS FITÓ with complete indemnity for claims arising directly or indirectly from the above.

l) SEMILLAS FITÓ understands that the customer has placed an order authorizing a person that will be at home at the delivery time to pick it up on their behalf. Therefore, it is the sole responsibility of the customer to authorize a third party to the reception and acceptance of the purchase at the specified delivery address.

5. Privacy and protection of personal data.

SEMILLAS FITÓ will process all personal data that the user/client provides during the registration process, according to the terms described in the “Privacy Policy” section, which is incorporated into these Terms and Conditions Contracting by reference from this section.

6. Language.

These General Terms of Purchase are available in the languages listed at the top of the page. After choosing a language, the website will provide all the information in the chosen language.

7. Applicable law. Submission to jurisdiction.

The purchases made on the SEMILLAS FITÓ website are subject to the Spanish law.

Any conflict or discrepancy in the interpretation or application of these contract terms, the Courts that, in this case, will be aware of the matter, will be those accessing the applicable legal rules regarding the competent jurisdiction, which will turn to, as it involves end users, their place of compliance or the address where the buyer lives.

These General Terms and Conditions are updated as of December 3rd, 2015.

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