Terms and Conditions of Service
1. PREVIOUS INFORMATION OF THE CONTRACTUAL PROCESS
This website omotesandoplants.com is owned by Joan Català Margarit with DNI 53291031P, self-employed.
The General Conditions of Contract regulate the distance selling relationship between Omotesando Plants and the user or customer, in accordance with the legal stipulations, in particular, Law 7/1998 of 13 April on General Conditions of Contract, Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users, the Organic Law 15/1999 of 13 December on the Protection of Personal Data, Law 7/1996 of 15 January on the Regulation of Retail Trade, and Law 34/2002 of 11 July, on Services of the Information Society and Electronic Commerce.
Omotesando Plants reserves the right to make any changes it deems appropriate, without notice, in the General Conditions. Such modifications may be made, through its pages, by any form admissible in law and shall be binding during the time they are published on the web and until they are not validly modified by subsequent ones. However, Omotesando Plants reserves the right to apply, in certain cases, Special Conditions of Contract in preference to these General Conditions when it deems appropriate, announcing them in a timely manner.
The purpose of the website is to offer and advertise the sale of all kinds of flowers, plants and decorative objects.
The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.
As a user or customer expressly declares to know, understand and accept the conditions of use and these general conditions of contract. Likewise, you declare to be of legal age and have the legal capacity to access the websites of Omotesando Plants and contracting through them.
To purchase our products, you can go to the appropriate section of our online store.
After the purchase process the customer will receive a confirmation of the same by email. It is essential that during the purchase process the user indicates a valid email address. If in 24 hours from the completion of the order you do not receive the confirmation, please contact Omotesando Plants at info@omotesandoplants.com.
The customer, upon receipt of the product at the delivery address provided, will receive an invoice or copy of the order.
2. OFFER AND VALIDITY
In case of a product on offer, it will always be indicated next to its essential characteristics, the offer price and the validity of the same.
In compliance with current regulations Omotesando Plants offers information on all items on sale, their characteristics and prices. However, Omotesando Plants reserves the right to withdraw, replace or change the products offered through its website, by simply changing the content of the same. Thus, the products offered at all times by the web will be governed by the General Conditions of Contract in force in each case. Also, the company shall have the right to stop offering, without notice and at any time, access to the products mentioned.
3.ESSENTIAL CHARACTERISTICS OF THE PRODUCTS
The products offered in our online store, incorporate a photograph and the essential characteristics of the same, this is the information obtained from the manufacturer itself. The color of the product, observable in the photograph is not binding. In the characteristics the same is identified.
3. WARRANTIES
All products offered on the website enjoy the commercial guarantee of the supplier. Omotesando Plants has an after-sales service, while the warranty is in force, the customer may execute it by email to info@omotesandplants.com or to the points established by the supplier itself. In case of doubt, please contact the e-mail info@omotesandoplants.com.
4. PRICES
All products indicate the selling price in Euros and include Value Added Tax (VAT). If any other tax is applicable, this will be indicated.
5. SHIPPING COSTS
All the products offered in the web page enjoy the commercial guarantee of the supplier of the same one. Omotesando Plants has an after-sales service, while the warranty is in force, the customer may execute it by email to info@omotesandoplants.com or to the points established by the supplier itself. In case of doubt, the customer can contact us by e-mail at info@omotesandoplants.com.
6. SHIPPING COSTS
Omotesando Plants only ships within Spain (excluding the Canary Islands, Balearic Islands, Ceuta and Melilla). The shipping cost is 6 euros and is added at check out to the price of the product plus VAT.
7. DELIVERY OF THE ORDER
Once the Shipping Confirmation has been sent, the Product will be delivered to the address indicated by the user when placing the Order within approximately one to five (1-5) working days from the time the products leave the Omotesando Plants warehouse.
Omotesando Plants assumes no responsibility when the delivery of the Product does not take place as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the User or the retention of the Product in Customs.
Delivery times are approximate, although Omotesando Plants tries to adjust to them.
8. METHODS OF PAYMENT AND EXECUTION OF THE ORDER
The customer may pay the amount of your order by choosing any of the following ways. During the purchase process you must indicate your choice:
CREDIT CARD OR DEBIT VISA, VISA OR MASTERCARD
" All operations involving the transmission of personal or banking data are performed using a secure environment, a server based on the standard security technology SSL (Secure Sockets Layer). All the information you transmit to us travels encrypted through the network.
" Also, your credit card information is entered directly into Stripe (payment gateway) and is not entered or recorded on any Omotesando Plants server.
" When paying by VISA or MASTERCARD you will always be asked for the following data: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering, in this way, more guarantees about the security of the transaction. This form of payment is valid only on the web.
" When the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the cardholder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and recredit entries in the accounts of the supplier and the cardholder will be made as soon as possible.
" However, if the purchase had actually been made by the cardholder and the demand for refund was not the result of having exercised the right of withdrawal or termination and, therefore, had improperly demanded the cancellation of the corresponding charge, it will be liable to Omotesando Plants to compensate the damages caused as a result of such cancellation.
PAYPAL
" Allows you to send payments on the Internet securely and conveniently. The PayPal network builds on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. Paypal offers a service specially designed for those who are not satisfied with traditional payment mechanisms.
" More information on Paypal. http://www.paypal.com.
Omotesando Plants commits to deliver the order in a maximum of 30 days, starting from the day after the order is placed.
The availability of the products offered by Omotesando Plants may vary depending on customer demand. Although Omotesando Plants updates the stock periodically, the product requested by the customer may be out of stock at that time. In case of non-execution due to unavailability, Omotesando Plants will notify the customer by email as soon as it becomes aware of this situation. The period of this communication will not exceed in any case the maximum period of 30 days. Omotesando Plants may give the double option: to supply the customer without price increase, a product of similar characteristics or superior quality, or unless justified and demonstrable reasons by Omotesando Plants within the same period pay the sums paid for the cancelled order. In the event that Omotesando Plants does not make this payment within the period indicated, the buyer may claim to be paid double the amount due, without prejudice to its right to be compensated.
9. RIGHT OF WITHDRAWAL, RETURNS AND CLAIMS
According to the provisions of Article 103 of Law 3/2014 of 27 March amending the revised text of the General Law for the Defense of Consumers and Users, supplies of services or goods made according to consumer specifications or clearly personalized, or which, by their nature, cannot be returned or may deteriorate or expire quickly, are exempt from withdrawal.
If you have had a problem with your order, we want to be the first to know. It happens very rarely, but if it does contact us and Omotesando Plants agrees to assume the responsibility of returning the product for a new one according to the conditions accepted at the time of sale. If the customer wishes to file a complaint, you can do so by emailing info@omotesandoplants.com.
In some shipments, some flowers of the order may not be available due to quality or availability problems. In these cases, Omotesanso Plants reserves the right to replace this flower with one of the same or higher value. We cannot replace or refund in these cases, and we appreciate your understanding.
10. JURISDICTION
Also, Omotesando Plants reserves the right to file civil or criminal actions it deems appropriate for the misuse of its website and content or for breach of these conditions.
The relationship between the user and the provider shall be governed by the laws in force and applicable in the Spanish territory. If any dispute arises, the parties may submit their disputes to arbitration or go to the ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard. Omotesando Plants is domiciled in Sant Cugat del Vallès, Barcelona.