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Terms and Conditions

PLEASE READ THESE CONDITIONS CAREFULLY

These General Conditions of Use, Conditions of Sale and Privacy Policy govern the use of the website,“www.grootsfarming.com”,of which GROOTS HYDROPONICS S.L. is the owner.

GROOTS HYDROPONICS S.L., (hereinafter GROOTS) is a Spanish limited liability company with registered office at Ronda Indústria 6, 08210 Barberà del Vallès, Barcelona, Spain. (Barcelona), Spain, registered in the Mercantile Registry of Barcelona, Volume 46698, Book 0, Folio 8, General Section, Page 528079. with Inscription or annotation 1 dated 14/01/2019, with Tax Identification Number B67341479

These Terms set out the rights and obligations of all users of GROOTS, in relation to the products and services we offer through our website“www.grootsfarming.com”,(hereinafter the “Store”).

1. USER OBLIGATIONS

1.1 The User agrees, in general, to use the Store, to purchase the Products and to use each of the services of the Store diligently, in accordance with the law, morality, public order and the provisions of these General Conditions, and shall also refrain from using them in any way that may prevent, damage or impair the normal operation and enjoyment of the Store by Users or that could damage or cause damage to property and rights of GROOTS, its suppliers, Users or in general any third party.

2. PRODUCTS AND SERVICES

2.1 GROOTS reserves the right to decide, from time to time, the Products offered to Users through the Store. In particular, GROOTS may at any time add new Products to those offered or included in the Store, it being understood that unless otherwise provided, such new Products shall be governed by the provisions of these General Conditions. GROOTS also reserves the right to discontinue providing or facilitating access to and use of any of the various types of Products offered in the Store at any time and without notice.

2.2 The Products included in the Store shall correspond as closely as possible to the Products actually offered, as far as the web display technology allows. The prices indicated in the Store are in Euros and include VAT, unless otherwise indicated.

2.3 This merchant agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or acquiring bank, that may or has the potential to damage the goodwill of, or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards. GROOTS reserves the right to cancel or refuse any order from a User-Customer with whom it has a dispute regarding payment for a previous order.

In addition, also explicitly prohibits the sale of alcoholic beverages to persons under 18 years of age.

2.4 The orders placed on the Internet through www.grootsfarming.com   involve contractual data between the User-Customer and the store that will be subject to confirmation and collection by both parties prior to shipment.

2.5 GROOTS agrees to accept orders in accordance with the terms of the general conditions of sale set forth herein. The User-Customer declares to know and accept the present general conditions of sale before confirming his orders. Confirmation of an order therefore implies acceptance of these General Terms and Conditions of Sale. Unless proven otherwise, the data recorded by the store constitutes proof of all transactions made between GROOTS and its customers.

3. PROCEDURE AND METHOD OF PAYMENT OF THE PRODUCTS

3.1 Within twenty-four (24) hours, GROOTS will send an email to the User, confirming the purchase. This email will assign a reference code of the purchase, and will detail the characteristics of the Product, its price, shipping costs and the details of the different options to make the payment of the Products to GROOTS.

3.2 The User who purchases a product through the Store must make the payment through the payment systems specifically detailed in the Store.

3.3 GROOTS will file the electronic documents in which the contract is formalized, sending a copy to the User once the purchase is made. The contract shall be in the Spanish language.

3.4 The order confirmation sent by GROOTS is not valid as an invoice, only as proof of purchase. The user will be able to download the invoice from his account or request a company invoice. You may also request that it be sent to you by e-mail.

4. RETURNS POLICY

All products purchased at “www.grootsfarming.com“may be returned and reimbursed, provided that you inform us of your intention to return the product(s) purchased and the other conditions set forth in this section are met. Here you can download a model of withdrawal that you can send us.

GROOTS will arrange a pick-up with the carrier of the products you wish to return.

1. Right of withdrawal:

In the event that the return or exchange is not due to a defect or error in the product, we accept returns within the following time limits first 60 natural days from the date of receipt, provided that the conditions regulated by Law 3/2014 of 27 March, Article 71 of trade management which indicates that the product has to be returned are met. under the same conditions as arrived and have not been used (provided that it does not go beyond the mere verification of the good condition and operation of the same). In case of not keeping the original packaging GROOTS reserves the right that the goods may suffer some depreciation.

The refund of the value of the goods will be made once we check in our warehouse the good condition of the goods. The customer must bear the cost of return shipping. In the event that the customer sends the product by his own means, he will not be charged this amount.

We will process the collection of the items (the transport company will come to pick it up) and, once here, and we check that everything is correct, we will make the payment of the amount minus the cost of return or, if the user prefers (prior communication with him), we can return the full amount in the form of a discount code for next purchase.

GROOTS shall make refund of the amount must be made, as indicated by Law 3/2014 of 27 March, on the management of trade article 107, without undue delay and, in any case, before 14 calendar days have elapsed from the date on which the goods have been returned. The refund will be made by the same means of payment used for the initial transaction.

2. Damaged products

In the event that the return or exchange is due to the product being damaged or broken due to transport, please contact us as soon as possible so that we can process the replacement/credit of the products. No costs will be charged to the customer.

3. Incorrect products

If the return is due to the fact that the product received is not the one ordered, a return or exchange can be made within first 60 calendar days from the date of receipt. However, this should be communicated as soon as possible in order to process the exchange for the correct product. The customer is not required to pay return shipping costs.

4. Products with incorrect/incomplete information

In the event that the return is due to the fact that the product received does not conform to the information indicated on the website, a return or exchange can be made within the first 60 calendar days from the date of receipt. However, it should be communicated as soon as possible in order to be processed. The customer is not required to pay return shipping costs.

5. Defective products

In case of defective products, GROOTS will proceed, as appropriate and depending on the condition of the product, responding itself or through the supplier/distributor/manufacturer, to repair, replacement, price reduction or termination of the contract, steps that will be free for the consumer and user.

GROOTS shall be liable for non-conformities that become apparent within two years of delivery.

The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.

The product warranty   has a term of one years from delivery.

How do I get my money back?

The reimbursement of the amount will be made in the same card or PayPal account in which the order was paid. In the case of payment by cash on delivery or transfer you will be asked for the account number and IBAN in order to make the credit. We may withhold reimbursement until we have received the goods or until you have provided proof of return of the goods, whichever condition is met first. You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Special cases

1. In the event that the customer rejects the goods once here will be refunded the amount of the products. GROOTS reserves the right to charge the return shipping costs to the customer.

5. CUSTOMER SERVICE

5.1 For any incident, claim or exercise of their rights, the User may send an email to the address hola@grootsfarming.com or call 606 90 21 87.

6. HOME DELIVERY SERVICE

6.1 The territorial scope of sales through the Store is exclusively for the areas indicated on the page, so the delivery service will only be for that territory. Products purchased through the Store will be shipped to the delivery address indicated by the User once payment has been verified (except for cash on delivery), with the maximum delivery time being thirty (30) days established by default in the Law unless otherwise specified at the time of purchase.

Shipments are delivered to the address indicated by the user in the purchase process. Shipments to P.O. Boxes are not accepted. If the order is large or heavy, the carrier will deliver to the doorway or, failing that, to the lowest floor.

6.2 The cost of shipping is not included in the price of the Products. At the time of purchase of the Product, the User will be informed of the exact cost of shipping and other additional costs that may arise.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

7.1 The User acknowledges that all elements of the Store and each of the Products, the information and materials contained therein, trademarks, structure, selection, arrangement and presentation of its contents, and computer programs used in connection therewith, are protected by intellectual and industrial property rights of GROOTS itself or third parties, and that the General Conditions do not give the User any other rights with respect to such intellectual and industrial property rights other than those specifically provided for therein.

7.2 Unless authorized by GROOTS or, where appropriate, by third parties holding the corresponding rights, or unless legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lease, loan, make available, or allow access to the public through any form of public communication of any of the elements referred to in the preceding paragraph. The User shall use the materials, elements and information accessed through the use of the Store only for their own needs, agreeing not to make any direct or indirect commercial exploitation of the materials, elements and information obtained through the same.

7.3 The User shall refrain from circumventing or manipulating any technical devices established by GROOTS or third parties in the Store.

8. DATA PROTECTION

In order to guarantee and protect the privacy and confidentiality of the personal data of the Users of our web page and to protect their privacy, we have drafted, in accordance with the current legislation, the Privacy Policy.

The terms contained therein and especially the duty of confidentiality shall be binding on all internal or external personnel who work or may work with us and who have access to the data you provide, either while browsing our website, by using our forms or during the recruitment or provision of services.

We reserve the right to modify the content of this Privacy Policy, in order to adapt it to new legislation or jurisprudence, as well as to reports or opinions issued by the Spanish Data Protection Agency or the Article 29 Working Group.

In the event that we are going to use the personal data of Users, Potential Clients or Clients in a manner different from that established in the Privacy Policy in force at the time you provide us with the data; or in the event that we are going to use them for purposes other than those indicated at the time you provide us with your data, we will make every effort to contact you as the affected party, to inform you and obtain your consent once again. Otherwise, we will not use the data for other purposes.

We advise Users to review the present text each time they access our website to make sure of the purposes and uses we can make of their data.

The Privacy Policy will be part of and will be permanently linked to the provisions of our Legal Notice, the Legal Conditions of the contracted service and our Cookies Policy.

We will at all times indicate the date of the last update of the Privacy Policy so that Users are aware of the actual content that applies to them and the date of the last revision.

GROOTS HYDROPONICS S.L. notes that this Privacy Policy is adapted to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter GDPR).

9. PASSWORDS

9.1 GROOTS will facilitate the use of personal passwords to the user who registers as such on the website. These passwords will be used to access the services provided through the Web Site. The user must keep the passwords under his exclusive responsibility in the strictest and absolute confidentiality, assuming, therefore, any damages or consequences of any kind arising from the breach or disclosure of the secret. For security reasons, the password for telematic access to the services linked to the Website may be changed at any time by the user. The User agrees to notify GROOTS immediately of any unauthorized use of his password, as well as access by unauthorized third parties to it.

10. COOKIES

10.1 GROOTS uses cookies in order to improve its services, facilitate navigation, maintain security, verify the User’s identity, facilitate access to personal preferences and track your use of the Store. Cookies are files installed on the hard disk of the computer or in the memory of the browser in the folder preconfigured by the operating system of the User’s computer to identify him/her.

10.2 If the User does not want a cookie to be installed on its hard drive, it must configure its Internet browser not to receive them. Likewise, the User may freely destroy cookies. In case the User decides to disable cookies, the quality and speed of the service may decrease and even lose access to some of the services offered in the Store.

11. CONFLICT RESOLUTION

EUROPEAN PLATFORM FOR E-COMMERCE DISPUTE RESOLUTION.

We inform consumers that the Online Dispute Resolution Platform (“ODR Platform”) is operational for all European Union countries, including Spain.

In the case of Spain, the European Commission has designated the European Consumer Center attached to the Spanish Agency for Consumer Affairs, Food Safety and Nutrition, as the platform’s contact point, to assist and support the submission of complaints through the platform.

As of the entry into force of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters and Regulation 524/2013 of the European Parliament and of the Council, we are obliged to inform our buyers about the existence of the platform. Hence we inform our Users that in case of any dispute with the consumer of GROOTS, there is a new European, simple, multilingual and accessible procedure for the resolution of the same. Which consists of the following :

The consumer shall access this platform  andcomplete the online claim form. Once filled in, it will be sent from the same platform. The claim will be forwarded to GROOTS, who will propose to the consumer an alternative dispute resolution entity. Once the consumer and the seller agree on the mediation entity that will resolve their dispute, the platform will send the claim to the chosen entity.

The mediation entity will deal with the case electronically and propose a solution within 90 days at the latest.”

12. CURRICULUM

For the purposes of the provisions of the current legislation on data protection, the data of your curriculum that you provide us, are essential for the processing of the application and, its holders consent that their personal data and curriculum, including the email address, which are provided are incorporated into the file for which GROOTS is responsible, in order to study and/or execute this application and for the study and personalized or segmented analysis of the same. The personal data provided will be used for the purpose, in the manner and with the limitations and rights granted by Law 15/1999, of Protection of Personal Data. The holder may exercise free of charge the rights of opposition, access and information, rectification, cancellation of their data and revocation of their authorization without retroactive effect, acting as indicated in this section.

13. COMMENTS AND SUGGESTIONS

Your comments, complaints and suggestions are welcome. Please send us any such comments or suggestions via our e-mail address hola@grootsfarming.com

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