FRUTIFY SPAIN, Spanish mercantile, registered in the Mercantile Registry of Malaga on September 11, 2015, Volume 4911, Folio 135, Section 8, Page MA110207, Entry 11, with NIF number X5798761-R and registered office at Calle Pez Dorado , 27, 29620, Torremolinos, is the owner of the Web Portal www.frutify.es
FRUTIFY SPAIN makes the Web Portal www.frutify.es available to Internet users so that they can get to know the company, as well as the services it offers.
Any incident, complaint or claim regarding a purchase made through the Web Portal must be communicated to the email address: firstname.lastname@example.org or call us at 910 214 040 from Monday to Friday from 9 a.m. to 5 p.m. for any comments or suggestion.
1. OBJECT AND SCOPE OF APPLICATION
The purpose of these General Contract Conditions is to regulate the terms and conditions in which the products (hereinafter, the “Products”) listed on the Web Portal www.frutify.es (hereinafter, the “Web Portal”) are provided. . The purpose of these General Contracting Conditions is to regulate the terms and conditions in which the products (hereinafter, the “Products”) listed on www.frutify.es are provided, as well as these contractual terms and conditions, without objection or reservation of any kind. The territorial scope of application of these General Contracting Conditions will be the Iberian Peninsula and the Balearic Islands. The Canary Islands, Ceuta and Melilla are excluded.
In accordance with the provisions of current regulations, these General Conditions will always be available on the Web Portal in Spanish, so that they can be consulted, filed or printed at any time. FRUTIFY SPAIN, recommends to its Clients that they read these General Conditions carefully before hiring and before accepting them.
These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce, the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, Organic Law 15/1999, of December 13, on the Protection of Personal Data and other complementary laws, as well as any applicable legal provisions.
Only registered users of legal age (18 years) can process orders through the Web Portal. The client (hereinafter, the “Client”) who makes use of the Web Portal guarantees that they have at least said age, as well as the veracity of all the registration data provided to www.frutify.es. In any case, the Client will be solely responsible for any false or inaccurate statements made and for the damages caused to FRUTIFY SPAIN or third parties due to the information provided. Likewise, the resale to third parties of the products acquired through the Web Portal is totally prohibited.
The language in which the contract between FRUTIFY SPAIN and the Client will be perfected is Spanish and English, and where appropriate, the relevant language according to the Client’s nationality.
4. TECHNICAL MEANS TO CORRECT ERRORS
In the event that the Client makes a mistake when sending the data, they may modify them in the “My Profile” section at any time. In the event that it is an error that occurs during the contracting process, it can be corrected at any time before finalizing the purchase process.
The prices applicable to each product are those indicated on the Web Portal, including all VAT (Value Added Tax), but shipping costs are excluded, which will be added to the total amount due. In any case, the corresponding shipping costs are always indicated in the order before its completion, and the Customer must accept them in advance.
The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer. The Web Portal contains a large number of products and it is likely that, despite the best efforts made by FRUTIFY SPAIN to ensure that all the prices that appear on the Web Portal are correct, errors will occur. If the correct price of a product is lower than the price set on the Web Portal, the lower amount will be charged to the Customer.
6. PAYMENT METHOD
The Client may make the payment with credit or debit cards. Payment will be made through a Virtual POS, once all the credit card details have been entered and once they have been included, click on the “PAY” button. In the case of subscriptions, the amount will be charged to the credit or debit card every month.
7. PROCESSING OF ORDERS. REGISTRATION IN OUR WEBSITE
To make the purchase, the Client must register in our Web Portal, providing different personal data. In this sense, you may enter an address for billing purposes other than the one entered in the previous step. Prior to the completion of the purchase, the Customer will be informed about the exact amount of each of the orders, including the associated shipping costs and the taxes applicable to each of them.
The purchase of the products must be done through the activation of the “PAY” button that appears at the bottom of the page of the purchase request, and expresses the total acceptance of these General Contracting Conditions prior to the acquisition of the products, Without any further developments that may occur in the clauses of the General Conditions subsequently apply.
By registering on the Platform you will receive via e-mail and with acknowledgment of receipt, username and password that will allow you to make purchases online. The access codes (username and password) are personal and non-transferable, being the Client’s obligation to ensure their custody, good use and integrity. Likewise, the Client is solely responsible for the choice, loss, theft or unauthorized use of any password or identification code and the consequences that may arise from it. FRUTIFY SPAIN reserves the right to cancel the username and password, and therefore access to the Platform and / or web portal of those users who have debit or unpaid balances.
In the “My orders” section, the Client will be able to consult the orders made since the creation of the account.
8. ACCEPTANCE AND PROOF OF ACCEPTANCE
As indicated in section 8 above, the purchase of the products must be done through the activation of the “PAY” button that appears at the bottom of the purchase request page, and expresses the total acceptance of these General Conditions of Hiring
From the moment of acceptance, the user acquires the condition of Client of FRUTIFY SPAIN that is described in these General Conditions of Contract. Any product or service offered subsequently by FRUTIFY SPAIN must be the subject of a new contract. If the Client wishes to read the General Contract Conditions in more detail, they can print on paper or save the document in electronic format.
FRUTIFY SPAIN will send the Client, once these General Contracting Conditions have been expressly accepted, justification of the contracting carried out, with all its terms, through email, or certified mail with acknowledgment of receipt within 24 hours of the purchase. FRUTIFY SPAIN informs you that it archives the electronic documents in which the purchases are formalized.
9. SUBSCRIPTION PROGRAM
The client can register a subscription service by which he receives the selected products monthly without having to contract again. In case you want to change the products you receive or the frequency of delivery, you can do so through the “my subscription” section within “My Account” on the Web Portal or directly by phone. In this case, the payment data will be stored safely in our payment gateway Shopify.
9.1 The customer has the right to cancel the subscription without specifying the reasons within a period of 14 calendar days. If an order has been served it will not be part of the cancellation. The initial withdrawal period will expire after 14 calendar days from the subscription contract. You can subsequently unsubscribe at any time (see 9.2).
9.2 The customer can cancel her subscription at any time. If the customer wishes to cancel her subscription, she can do so by calling our customer service number at 910 214 040. There is no cancellation charge and the customer will stop receiving the products to which she was subscribed. Please note that the account can only be canceled by the customer who registered in FRUTIFY SPAIN.
It is expressly informed that FRUTIFY SPAIN, will put the necessary means, ensuring adequate transport so that the products arrive at the customer’s home in perfect condition and with the maximum expiration that the product offers.
As soon as the order is shipped, a tracking number will be provided to the Customer by email. The Client will also be able to find details of the order and its tracking information in the “Order History” tab within the “My Account” section. Your order will be delivered on the delivery date established in the confirmation receipt. Delivery for all orders except subscriptions will be two days from the order or later if the client so requests. In the case of subscriptions, the delivery and frequency must be set by the customer. Deliveries are sent to the delivery address indicated by the Customer.
If the Client does not receive the order within the indicated period or if he receives a product in poor condition or an unsolicited product, he can contact FRUTIFY SPAIN through the Contact section of the Web Portal, send an email to: support @ frutify .es or call the Customer Service telephone number 910 214 040 so that we can proceed to resolve the incident as soon as possible at FRUTIFY SPAIN.
Deliveries are made from Tuesday to Thursday business days. Therefore, orders are not delivered on weekends, Monday, holidays, and the day after holidays. The delivery time for orders is 1 business day from when the customer places the order, provided they do so before 4:00 p.m. FRUTIFY SPAIN reserves the right to advance the cut-off time of operations. At the time of delivery, the Customer must sign the order delivery note as the order has been delivered and accepted.
FRUTIFY SPAIN will not assume any responsibility for delay in the delivery of orders when this delay is the sole fault of the buyer. In general terms, and in accordance with the current regulations, FRUTIFY SPAIN will not be liable when the damages caused to the buyer are caused by its sole fault or by that of the people who have to respond civilly.
Note 1: FRUTIFY SPAIN only ships to the Iberian Peninsula. Therefore, shipments to the Balearic Islands, the Canary Islands, Ceuta and Melilla are excluded.
Note 2: FRUTIFY SPAIN is not obliged to know the municipal holidays. The customer has the responsibility to communicate this to take it into account in the delivery schedule.
11. ORDER CANCELLATION OR ORDER WITHDRAWAL
11.1 ORDER CANCELLATION.
FRUTIFY SPAIN guarantees the Customer the possibility of canceling their order at any time and at no cost as long as the cancellation is communicated before the order has been made available to the carrier for shipment.
11.2 EXERCISE OF THE RIGHT OF WITHDRAWAL
It is expressly informed that, due to the special characteristics of the products offered on the Platform, insofar as they are perishable fresh products, fresh products subject to an expiration date of less than 5 days from their preparation, the purchases made will not be subject to the right of withdrawal, In accordance with the provisions of article 103, section “d)”, of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users.
12. PERSONAL DATA AND COMMERCIAL COMMUNICATIONS
13. INDUSTRIAL AND INTELLECTUAL PROPERTY
The intellectual and industrial property rights over the creations, brands, logos, and any other subject to protection, contained in the FRUTIFY SPAIN Web Portal correspond exclusively to FRUTIFY SPAIN or to third parties who have authorized their inclusion in the Website. The unauthorized reproduction, distribution, commercialization or transformation of such creations, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of FRUTIFY SPAIN or the owner thereof, and may lead to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
Likewise, the information that the Client can access through the Web Portal, may be protected by industrial, intellectual or other property rights. FRUTIFY SPAIN will not be responsible in any case and under any circumstances for the infringements of such rights that you may commit as a Client.
14. RESPONSIBILITIES OF FRUTIFY SPAIN
FRUTIFY SPAIN. guarantees the quality of the service contracted through the Web Portal. All the rights that the Laws in force guarantee to consumers and Clients are guaranteed. Failure to comply with the General Contract Conditions may give rise to the return of the products or the cancellation of the Services acquired by the Client.
15. CUSTOMERS RESPONSIBILITIES
The customer undertakes to make lawful use of the Services, without contravening current legislation, or harming the rights and interests of third parties. The Client guarantees the veracity and accuracy of the data provided when filling in the contracting forms, avoiding causing damages to FRUTIFY SPAIN, due to their incorrectness. Failure to comply with the General Contract Conditions may lead to the withdrawal or cancellation of the Services by FRUTIFY SPAIN without the need for prior notice to the Client and without giving the right to any compensation.
16. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
These General Contract Conditions are binding both for the Client and for FRUTIFY SPAIN. FRUTIFY SPAIN may transmit, assign, encumber, subcontract or in any other way transfer the General Contract Conditions or any of the rights or obligations derived from them, at any time during the validity of the General Contract Conditions. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, where appropriate, the Client has as a consumer recognized by Law, they will not cancel, reduce or limit in any other way the express or implied guarantees, FRUTIFY SPAIN could not have granted nor that the laws in force grant to Clients and Consumers.
17. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that FRUTIFY SPAIN sends to the Client be in writing. By using this Web Portal, the Client accepts that the majority of said communications with FRUTIFY SPAIN are electronic. FRUTIFY SPAIN will contact the Client by email or provide information by posting notices on the Web Portal. For contractual purposes, the Client agrees to use this electronic means of communication and acknowledges that every contract, notification, information and other communications that FRUTIFY SPAIN sends him electronically complies with the legal requirements to be made in writing. This condition will not affect the rights recognized to the Client by Law.
The notifications that the Client sends FRUTIFY SPAIN should be sent to Calle Pez Dorado, 27, 29620, Torremolinos, or through the following email address email@example.com. In accordance with the provisions of clause 19 above and unless otherwise stipulated, FRUTIFY SPAIN, may send the Client commercial communications either by email or to the postal address provided by the Client when placing an order. It will be understood that the notifications have been received and have been correctly made at the same time they are posted on the Website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.
19. PARTIAL NULLITY
If any clause or provision of these General Contracting Conditions is declared null and void by final resolution of a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
20. ENTIRE AGREEMENT
These General Contract Conditions and any document expressly referred to in them constitute the entire agreement existing between the Client and FRUTIFY SPAIN in relation to the object of the contract.
21. MODIFICATION OF THE GENERAL CONTRACTING CONDITIONS
These General Conditions will be in force for as long as they are displayed on the FRUTIFY SPAIN Web Portal, so that, as soon as they are totally or partially modified or updated, these conditions will cease to be in force, the new General Conditions being those that pass to regulate the use of the Web Portal.
FRUTIFY SPAIN, reserves the right to review, modify or update these General Conditions at any time.
In any case, any modification, revision or update of these General Conditions will not affect orders placed prior to the date of publication on the Web Portal of the new General Conditions, which will be governed by the version of the General Conditions in force in the moment of its acceptance by the Client, unless by Law or decision of the competent authorities FRUTIFY SPAIN must make modifications retroactively, in which case, possible changes will also affect the orders that the Client had previously made.
In case the Client does not agree with any of the clauses of these General Conditions, the Client must notify FRUTIFY SPAIN, prior to its acceptance, by email to the address firstname.lastname@example.org. In case of being accepted by FRUTIFY SPAIN, the modifications proposed by the Client, FRUTIFY SPAIN, will electronically send the Client Particular Conditions of Contract that include the changes that FRUTIFY SPAIN would have considered appropriate to accept, if any.
22.1. These General Conditions have been signed electronically. FRUTIFY SPAIN, will send an additional copy of these Conditions to the email address that the Client has indicated on the Web Portal, upon written request from the latter. In any case, the General Conditions of Contract will be available to the Client on the Web Portal and / or in their User Account.
22.2. The modifications that FRUTIFY SPAIN may include in the General Contracting Conditions will not affect under any circumstances the Conditions previously signed with the Client. In any case, the Client, in subsequent orders, must know the General Conditions that are in force at all times, and must follow the procedure stipulated for placing orders.
22.3. The General Conditions will remain in force until all the obligations defined in them have been fully complied with.
22.4. The Client authorizes FRUTIFY SPAIN by means of these General Conditions, to assign at any time to a Third Party, the credit right that it holds against him.
22.5. Any correspondence sent by mail, with the exception of the Invoice, will be made by registered letter or any other reasonably valid method for this purpose, and will be considered delivered after a period of seven (7) days from the date of issue.
22.6. In any case, and given that these General Conditions are subscribed electronically, the Client has perfect access to the FRUTIFY SPAIN Web Portal, and can also access their own User Account for consultation.
22.7. Prior to the formalization of these General Conditions and after them, the rights and obligations of the Parties will be regulated by Spanish legislation, relative to distance contracting, also including the Spanish Civil Code and regulations on matters of protection of consumer rights.
22.8. By formalizing these General Conditions, the Parties are duly informed of their rights and obligations, so they freely give their consent to them.