1. GENERAL INFORMATION
The ownership of this website www.ecoherbes.com (hereinafter, the “Website”) belongs to: Ecoherbes botanic, S.L., with Tax ID (NIF): B55676696, registered in the Mercantile Registry of Tarragona; whose registration details are: Volume: 2935, Book: 0, Page: 166, Section: 8, Sheet: T49606, and whose contact details are:
Address: Urb. Sant Pere, 1, 43895 l’Ampolla (Tarragona)
Contact telephone: 671009977
Contact email: info@ecoherbes.com
This document (as well as other documents referred to herein) governs the terms and conditions under which the use of this Website (www.ecoherbes.com) and the purchase or acquisition of products and/or services through it (hereinafter, the “Conditions”) are carried out.
For the purposes of these Conditions, it is understood that the activity carried out by Ecoherbes through the Website includes:
Marketing/sale of: herbal infusions, teas, culinary flowers and herbs, plants and seeds, agri-food products and supplements.
Bookings, tickets and activities for the Botanical Garden and the Ecoherbes agricultural operation.
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 cookie policy and the privacy and data protection policy of Ecoherbes. By using this Website or by placing and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above; therefore, if the User does not agree with all of the above, they must not use this Website.
Likewise, these Conditions may be amended. The User is responsible for reviewing them each time they access, browse and/or use the Website, as the Conditions in force at the time of requesting the acquisition of products and/or services shall apply. For any questions the User may have regarding the Conditions, they may contact the owner using the contact details provided above or, where applicable, using the contact form.
2. THE USER
Access to, browsing and use of the Website confers the status of user (hereinafter, referred to indistinctly, individually as “User” or collectively as “Users”), and therefore the User accepts, from the moment they begin browsing the Website, all the Conditions set out herein, as well as any subsequent amendments, without prejudice to the application of the relevant mandatory legal regulations, as applicable.
The User assumes responsibility for proper use of the Website. This responsibility extends to:
- Using this Website solely to make enquiries and purchases or acquisitions that are legally valid.
- Not making any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities would be informed.
- Providing truthful and lawful contact details, for example, email address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed primarily at Users residing in Spain. Ecoherbes does not guarantee that the Website complies with the legislation of other countries, whether wholly or in part. Ecoherbes declines all liability that may arise from such access, and likewise does not guarantee shipping or provision of services outside Spain.
The User may formalise, at their choice, with Ecoherbes the sales contract for the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure at www.ecoherbes.com, during which various products and/or services may be selected and added to the cart, basket or final purchase area, and finally click on: “Place Order” (“Realizar el Pedido”).
Likewise, the User must complete and/or verify the information requested at each step; however, during the purchase process, before making payment, the purchase details may be modified. Subsequently, the User will receive an email confirming that Ecoherbes has received their order or purchase request and/or service request, i.e., the order confirmation. Where applicable, the User will likewise be informed by email when their purchase is being shipped. Where applicable, this information may also be made available to the User through their personal account area on the Website.
Once the purchase procedure has been completed, the User agrees that the Website generates an electronic invoice, which will be sent to the User by email and, where applicable, through their personal account area on the Website. Likewise, the User may, if they so wish, obtain a paper copy of their invoice by requesting it from Ecoherbes using the Website contact channels or the contact details provided above.
The User acknowledges that, at the time of purchase, they are aware of certain specific sales conditions relating to the product and/or service in question, which are shown alongside the description and/or image thereof on its Website page, indicating, by way of example but not limitation, and depending on each case: name, price, ingredients/components, weight, quantity, colour, product details or features, the manner in which services will be carried out and/or the cost of the services; and acknowledges that placing the purchase/acquisition order constitutes full and complete acceptance of the specific sales conditions applicable in each case.
Communications, purchase orders and payments made during transactions carried out on the Website may be archived and stored in Ecoherbes’ computerised records for the purpose of constituting evidence of transactions, in all cases respecting reasonable security conditions and the applicable laws and regulations, particularly Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018, and the rights of Users under this Website’s privacy policy.
4. AVAILABILITY
All purchase orders received by Ecoherbes through the Website are subject to product availability and/or to the absence of any circumstance or force majeure event (clause nine of these Conditions) affecting the supply of products and/or provision of services. If difficulties arise regarding the supply of products or products are out of stock, Ecoherbes undertakes to contact the User and refund any amount that may have been paid. This will also apply in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless otherwise stated and applied due to legal requirements, particularly with regard to VAT.
Shipping costs, where applicable, will be charged separately from the final product prices as shown on the Website. Ecoherbes provides delivery and/or shipping services through: Nacex.
Under no circumstances will the Website add additional costs to the price of a product or service automatically; only those costs that the User has selected and chosen voluntarily and freely will be added.
Prices may change at any time, but such changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods are: credit or debit card. Ecoherbes uses all means to ensure the confidentiality and security of 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 authorisation by the issuing bank. If the bank does not authorise the payment, Ecoherbes shall not be liable for any delay or non-delivery and shall not be able to enter into any contract with the User.
Once Ecoherbes receives the purchase order from the User through the Website, the card will be charged and the User will be sent the order confirmation and/or confirmation of the service provided in the manner and, where applicable, places established.
In any case, by clicking “Place Order” (“Realizar el Pedido”) the User confirms that the payment method used belongs to them
6. DELIVERY
Where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Mainland), European Union.
Except in cases where unforeseen or extraordinary circumstances exist or, where applicable, due to product customisation, 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, and in any event within a maximum period of 15 calendar days from the date of order confirmation.
If, for any reason attributable to Ecoherbes, Ecoherbes is unable to meet the delivery date, it will contact the User to inform them of this circumstance, and the User may choose to continue 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 business days.
If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange re-delivery.
If the User will not be at the delivery location within the agreed time slot, they must contact Ecoherbes to arrange delivery on another day.
If 30 days pass from the date the order is available for delivery and it has not been delivered for reasons not attributable to Ecoherbes, Ecoherbes will understand that the User wishes to withdraw from the contract and the contract will be deemed terminated. As a consequence, all payments received from the User will be refunded, except for additional costs resulting from the User’s choice of a delivery method other than the least expensive standard delivery method offered on the Website, without undue delay and, in any event, within a maximum period of 14 calendar days from the date the contract is considered terminated.
However, the User should bear in mind that transport arising from termination may entail an additional cost that may be charged to the User.
For the purposes of these Conditions, delivery shall be deemed to have occurred when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signature upon receipt of the order at the agreed delivery address.
Risks arising from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Ecoherbes receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery if delivery occurs after Ecoherbes has received the full payment amount.
In accordance with Law 37/1992 on VAT, purchase orders for delivery and/or provision shall be deemed located in the Spanish VAT territory if the delivery address is in Spanish territory excluding the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the legally valid rate at any given time depending on the specific item.
Likewise, in accordance with Chapter I of Title V of Council Directive 2006/112/EC on the common system of VAT, purchase orders shall be located, for delivery and/or provision, in the EU Member State where the address shown in the purchase order is located, and therefore the applicable VAT shall be the VAT in force in that Member State.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if they detect an error when entering data necessary to process their purchase request on the Website, they may amend it by contacting Ecoherbes through the contact channels enabled on the Website and, where applicable, through those enabled to contact customer service, and/or by using the contact details provided in clause one (General information). Likewise, this information may also be corrected by the User through their personal account area on the Website.
In any case, before clicking “Place Order”, the User has access to the cart/basket where their purchase requests are recorded and may make changes.
Likewise, the User is referred to the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy for more information on how to exercise the right to rectification under the GDPR and Organic Law 3/2018.
8. RETURNS
Where the User acquires products through the Website, they have a series of rights as described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from that purchase within 14 calendar days without providing any justification.
The withdrawal period will expire 14 calendar days from the day on which the User or an authorised third party, other than the carrier, acquired physical possession of the goods purchased on the Ecoherbes Website; or, in the case of goods delivered separately, 14 calendar days from the day on which the User or an authorised third party, other than the carrier, acquired physical possession of the last of the goods comprising the same order; or, in the case of a service contract, 14 calendar days from the day the contract is concluded.
To exercise the right of withdrawal, the User must notify Ecoherbes of their decision. They may do so, where applicable, through the contact channels enabled on the Website.
Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template provided by Ecoherbes as an annex to these Conditions; however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication clearly expressing the decision to withdraw to be sent before the deadline expires.
In the event of withdrawal, Ecoherbes will refund the User all payments received, including shipping costs (except for additional costs chosen by the User for a delivery method other than the least expensive standard delivery method offered on the Website), without undue delay and in any event no later than 14 calendar days from the date Ecoherbes is informed of the User’s decision to withdraw.
Ecoherbes will refund the User using the same payment method used by the User for the initial transaction. This refund will not entail any additional cost for the User. However, Ecoherbes may withhold the refund until it has received the returned goods, or until the User supplies evidence of having returned them, whichever occurs first.
The User may return or send the products to Ecoherbes at: Urb. Sant Pere, 1, 43895 l’Ampolla (Tarragona).
The User must do so without undue delay and, in any event, no later than 14 calendar days from the date Ecoherbes was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning the goods (transport, delivery), if any. The User will also be responsible for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007. By way of example and not limitation: customised products; products that may deteriorate or expire quickly; unsealed CDs/DVDs of music or video once unwrapped; sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; supply of digital content not supplied on a tangible medium.
The same applies to services contracted on this Website: the law establishes that Users will not have the right of withdrawal when the service has been fully performed, or when performance has begun with the consumer’s express consent and with their acknowledgement that they are aware that once the contract has been fully performed by Ecoherbes, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond merely opening it, if products are not in the same condition as delivered, or if they have suffered any damage after delivery.
Products must be returned using or including all original packaging, instructions and any other documents that accompany them, as well as a copy of the purchase invoice.
The withdrawal form template can be downloaded at:
https://www.ecoherbes.com/desistimiento/
Return of defective products or shipping error
These are cases in which the User considers that, at the time of delivery, the product does not conform to the contract or purchase order and therefore must contact Ecoherbes immediately and inform it of the non-conformity (defect/error) through the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed of how to proceed with returning the products and, once returned, they will be examined and the User will be informed within a reasonable period whether a refund or, where applicable, a replacement is appropriate.
The refund or replacement will be made as soon as possible and, in any event, within 14 days following the date on which we send an email confirming that the refund or replacement of the non-conforming item is applicable.
The amount paid for products returned due to a defect, where such defect actually exists, will be fully refunded, including delivery costs and any costs the User may have incurred to make the return. The refund will be made using the same payment method the User used to pay for the purchase.
In any case, the rights recognised in the applicable legislation in force at any time for the User as a consumer and user shall apply.
Warranties
The User, as a consumer and user, benefits from warranties on products purchased through this Website, under the legally established terms for each type of product, and Ecoherbes is therefore liable for any lack of conformity that becomes apparent within three years from delivery.
Products are deemed to conform to the contract provided that: they match the description given by Ecoherbes and possess the qualities presented therein; they are fit for the uses for which products of the same type are normally intended; and they show the quality and performance usual for a product of the same type and that can reasonably be expected. Where this is not the case, the User must proceed as indicated in the section “Return of defective products or shipping error”. However, some products marketed on the Website may have non-uniform characteristics provided that these derive from the type of material used, and therefore form part of the product’s individual appearance and do not constitute a defect.
In addition, if the User purchases on the Website a product of a brand or manufactured by a third party, and the User considers it defective, the User may also contact the brand or manufacturer responsible to find out how to exercise the legal warranty directly against them during the three years following delivery. To do so, the User must have kept all information related to the product warranty.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Ecoherbes will not accept any liability for the following losses, regardless of their origin:
- any losses not attributable to any breach on its part;
- business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the sales contract was concluded.
Ecoherbes also limits its liability in the following cases:
- Ecoherbes takes all measures to provide a faithful display of the product on the Website; however, it is not liable for minor differences or inaccuracies that may exist due to screen resolution, browser issues or similar.
- Ecoherbes will act with maximum diligence to make the product available to the transport company. However, it is not liable for damages arising from transport malfunctions, especially due to strikes, road delays, and generally any sector-related causes leading to delays, losses or theft.
- Technical failures due to fortuitous events or other causes that prevent normal functioning of the internet service. Lack of availability of the Website due to maintenance or other reasons. Ecoherbes uses all means available to carry out the purchase, payment and delivery process, but is exempt from liability for causes not attributable to it, fortuitous events or force majeure.
- Ecoherbes shall not be liable for misuse and/or wear of products used by the User. Ecoherbes shall also not be liable for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
- In general, Ecoherbes shall not be liable for any breach or delay in performance of any obligations where such breach or delay is due to events beyond its reasonable control (force majeure), including, by way of example:
o Strikes, lockouts or other industrial action.
o Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or preparations for war.
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
o Impossibility of using railways, shipping, aircraft, motor transport or other means of transport, public or private.
o Impossibility of using public or private telecommunications systems.
o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Accordingly, obligations will be suspended for the period during which the force majeure event continues, and Ecoherbes will be granted an extension of time to perform equal to the duration of the force majeure event. Ecoherbes will use all reasonable means to find a solution enabling it to fulfil its obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User accepts that most communications with Ecoherbes will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that any contract, notice, information and other communications that Ecoherbes sends electronically comply with the legal requirements of being in writing. This condition does not affect the rights recognised by law to the User.
The User may send notices and/or communicate with Ecoherbes through the contact details provided in these Conditions and, where applicable, through the Website contact channels.
Likewise, unless otherwise stipulated, Ecoherbes may contact and/or notify the User.
11. WAIVER
No waiver by Ecoherbes of any specific legal right or action, or failure by Ecoherbes to require strict performance by the User of any of their obligations, shall constitute a waiver of other rights or actions arising from a contract or these Conditions, nor shall it release the User from complying with their obligations.
No waiver by Ecoherbes of any of these Conditions or of rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
12. SEVERABILITY / INVALIDITY
If any of these Conditions are declared null and void by a final decision of a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any documents expressly referred to herein constitute the entire agreement between the User and Ecoherbes in relation to the subject matter of purchase and replace any prior agreement, arrangement or promise, whether verbal or written, made between the same parties.
The User and Ecoherbes acknowledge having agreed to enter into a contract without relying on any representation or promise made by the other party, except as expressly stated in these Conditions.
14. DATA PROTECTION
The personal information or data provided by the User to Ecoherbes during a transaction on the Website will be processed in accordance with the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is truthful.
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any dispute, issue or disagreement arising from or related to access to, browsing and/or use of the Website, or the interpretation and performance of these Conditions, or sales contracts between Ecoherbes and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may submit to Ecoherbes any complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Ecoherbes has official complaint forms available to consumers and users, which may be requested from Ecoherbes at any time using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the purchase contract between Ecoherbes and the User, the User, as a consumer, may request an out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 on online dispute resolution for consumer disputes. This method can be accessed via:
https://ec.europa.eu/consumers/odr/