Legal Conditions

1) IDENTIFICATION

This legal notice governs the use of the website HTTPS://WWW.GROWBARATO.NET/ (hereinafter THE WEBSITE), which is owned by GROWBARATO DISTRIBUCIONES SL (hereinafter WEBSITE OWNER).

The WEBSITE OWNER WEBSITE, in compliance with Law 34/2002, of July 11, services of information society and electronic commerce, informs you that:

• Its corporate name is: GROWBARATO DISTRIBUCIONES SL
• Its trade name is: GB THE GREEN BRAND
• Its VAT number is: B98767239
• Its registered office is at: AVENIDA ALICANTE No 2A , SILLA , (VALENCIA) , C.P. 46460.
• Registered in the Mercantile Registry of: VALENCIA, VOLUME 10017, PAGE 43, article V-167192, inscription 1º.

To communicate with us, we put at your disposal different means of contact :

• Telephone: +44 151 947 0713
• E-mail: [email protected]

All notifications and communications between users and the WEBSITE OWNER will be considered effective, for all purposes, when they are made via postal mail or any other means of those detailed above.

2) USERS

The access and/or use of the WEBSITE OWNER, creator of the site, attributes the condition of USER, meaning acceptance, from such access and/or use, of the General Conditions of Use herein described. The previously mentioned Conditions will apply independently from the General Contract Conditions that may be of mandatory compliance.

3) USE OF THE WEBSITE

The website and its services are free and open access, however, the WEBSITE OWNER sets the use of some of the services offered on its website to the prior completion of the corresponding form.

The user guarantees authenticity and actuality of all those data that he communicates to the WEBSITE OWNER and will be the only responsible for any false or inaccurate statements made.

The user expressly agrees to make appropriate use of the contents and services of the WEBSITE OWNER and not to use them for, among others:

a. Disseminate content, criminal, violent, pornographic, racist, xenophobic, offensive, advocacy of terrorism or, in general, contrary to law or public order.

b. Introduce computer viruses into the network or carry out actions that could alter, damage, interrupt or generate errors or damages in the electronic documents, data or physical and logical systems of the WEB OWNER or of third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources whereby the WEB OWNER provides its services

c. Attempting to access the email accounts of other users or restricted areas of the computer systems of the WEBSITE OWNER or third parties and, where appropriate, extract information.

d. Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of the WEB OWNER or third parties.

e. Impersonate the identity of another user, public administrations or a third party.

f. Reproduce, copy, distribute, make available or in any other way communicate publicly, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally allowed.

g. Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.

4) PRIVACY POLICY

The WEBSITE OWNER wants to inform users and customers of its website, the policy carried out regarding the processing and protection of personal data of those who voluntarily use the contact forms to contact the WEB OWNER, as well as access to their own page, involving the communication of personal data to the WEB OWNER

A.-Identification of the data controller.

The WEBSITE OWNER, provided of CIF B98767239, informs the user and customer of its website of the existence of a record of automated activities of personal data called CUSTOMERS, where personal data that the user and the customer communicate in order to manage your request are collected and stored.

B.- Policy update.

The THE WEBSITE OWNER will modify, without prior notice, this privacy policy whenever necessary to adapt it to any legislative, regulatory, jurisprudential, administrative change or in order to adapt this policy to the instructions issued by the Data Protection Agency or legitimate object of any modification of this policy, notwithstanding the foregoing, will be published and warned on the website of the WEBSITE OWNER.

For all the above, the WEBSITE OWNER, recommends users to periodically read these policies in order to know the changes that are made in them.

C.- Purpose of the Registration of activities.

The WEBSITE OWNER does not request on its website, data to Internet users who visit it, except merely identifying data, therefore, the communication of personal data by the user to the WEBSITE OWNER through its website can only be understood to take place when they voluntarily use the contact form service or other means of communication to contact the WEBSITE OWNER, since in these cases the processing of data is inevitable and implicit to the communication system. For these cases and those described in the following section, the entity informs the customer that the processing of data is carried out for the following purposes: To carry out all the managements related to the elaboration of budgets, contracting and provision of services of the WEBSITE OWNER, to the company to which it belongs or in its case to the interested party who requests it. As well as attending and answering communications received and commercial prospecting to keep users informed of any promotions.

D.- Consent.

It is reported that when the user does not maintain business relationships with the WEBSITE OWNER, and send an email or a communication to the WEBSITE OWNER, indicating other personal data, the user will be giving their free, unequivocal, specific, informed and express consent to the processing of their personal data by the WEBSITE OWNER, for the purposes set out above, as well as to attend your communication or send documentation.

For the same purposes, if the client sends an email or communicates to the WEBSITE OWNER his personal data by reason of the position he holds in a company, either as an administrator, manager, representative and/or any other position as a contact person in the company, it will be understood that such communication entails the provision of his free, unequivocal, specific, informed and express consent for the processing of his personal data by the WEBSITE OWNER, with the purposes set out above. 

E.- Identification of the recipients

with respect to which the WEBSITE OWNER WEBSITE intends to carry out transfers or access to data on behalf of third parties.

The WEBSITE OWNER only intends to carry out transfers or communications of data that due to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights (hereinafter RGPD) must be carried out to meet its obligations to the Public Administrations, Bodies or persons directly related to the WEBSITE OWNER, in cases where this is required in accordance with the Legislation in force in each matter and at any time or in cases where it has expressly consented.

Likewise, the WEBSITE OWNER informs the user that any other transfer of data to be made, will be brought to his knowledge when so provided by the RGPD, informing him expressly, precisely and unequivocally of the recipients of the information, the purpose for which the data will be used, and the nature of the data transferred, or where appropriate, when the RGPD so provides, previously, specific and informed unambiguous consent will be requested from the user.

However, the WEBSITE OWNER informs the user and the customer, that any processing of personal data, is subject to the legislation in force in Spain on the subject of personal data.

F.- Quality of the data.

The WEBSITE OWNER warns the user, that except for the existence of a legally constituted representation, no user can use the identity of another person and communicate their personal data, so the user at all times must take into account that, you can only include personal data corresponding to their own identity and that are adequate, relevant, current, accurate and true. For this purpose, the user will be solely responsible for any damage, direct and / or indirect damage caused to third parties or the WEBSITE OWNER, by the use of personal data of another person, or their own personal data when they are false, erroneous, not current, inadequate or irrelevant. Likewise, the user who uses the personal data of a third party, shall be liable to the latter for the obligation of information established in the RGPD for when the personal data have not been collected from the person concerned, and / or the consequences of not having informed him/her.

G.- Exercise of the rights of access, rectification, limitation of processing, portability, cancellation, opposition to processing and deletion of data.

The WEBSITE OWNER informs the user of the possibility of exercising their rights of access, rectification, limitation of processing, portability, opposition to processing and deletion of their data as well as the right to file a complaint with the Control Authority by writing to the WEBSITE OWNER at the following address: AVENIDA ALICANTE No 2A or by mail to [email protected], attaching in both cases your ID card or identity card.

H.- Use of forms for the collection of personal data.

In the contact forms on the website, where personal data are collected, the user must expressly consent expressly and prior to sending them, the acceptance and knowledge of the privacy policy by completing the check "I have read and accept the privacy policy", and whose content can be accessed through the attached link that will send you this legal notice. If the check field is not marked by the user, the data contained in these forms will not be sent.

I.- Security measures adopted in relation to the processing of personal data.

The WEBSITE OWNER informs the user that, in accordance with the provisions of the RGPD, has adopted the necessary technical and organizational measures to ensure the security of personal data and prevent alteration, loss, or unauthorized access, given the state of technology, the nature of the data stored and the risks to which they are exposed. Likewise, the WEBSITE OWNER guarantees the user the fulfillment of the duty of professional secrecy regarding the personal data of users and the duty to keep them.

J.- More information about privacy policy.

If you want more information about our privacy policy can click on the following link on our website https://www.gbthegreenbrand.com/content/52-privacy-policy 

5) INTELLECTUAL AND INDUSTRIAL PROPERTY

Under the provisions of current legislation governing Intellectual Property, are expressly prohibited reproduction, distribution and public communication, including its mode of making available, all or part of the contents, such as text, photographs, graphics, images, icons, technology, software, as well as graphic design and source codes of this website, for commercial purposes, in any medium and by any technical means, without the authorization of the WEBSITE OWNER. All contents of the website constitute a work whose property belongs to the WEBSITE OWNER, without being transferred to the user any of the rights of exploitation thereof, beyond what is strictly necessary for the proper use of the web.

In short, users accessing this website can view the contents and make, where appropriate, authorized private copies provided that the elements reproduced are not subsequently transferred to third parties, or installed on servers connected to networks, or are subject to any kind of commercial exploitation.

Also, all trademarks, trade names or logos of any kind that appear on the website are owned by the WEBSITE OWNER, without it being understood that the use or access to it gives the user any right over them.

The establishment of a hyperlink does not imply in any case the existence of relations between the WEBSITE OWNER and the owner of the website in which it is established, nor the acceptance and approval by the WEBSITE OWNER of its contents or services. Those who intend to establish a hyperlink, must first request written permission from the WEBSITE OWNER. In any case, the hyperlink will only allow access to the home-page or home page of our website, also must refrain from making false, inaccurate or incorrect statements or indications about the WEBSITE OWNER, or include illegal content, contrary to morality and public order. The WEBSITE OWNER is not responsible for the use that each user gives to the materials made available on this website or the actions carried out on the basis of the same.

6) EXCLUSION OF WARRANTIES AND LIABILITY

The content of this website is of a general nature and has a purely informative purpose, without fully guaranteeing access to all content, nor its completeness, correctness, validity or timeliness, nor its suitability or usefulness for a specific purpose.

The WEBSITE OWNER excludes, to the extent permitted by law, any liability for damages of any nature arising from:

a. The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices and defects of any kind of content transmitted, disseminated, stored, made available to those who have accessed through the website or the services offered.

b. The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.

c. Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a result of improper use of the website. In particular, and by way of example, the WEBSITE OWNER is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and self-image, as well as the rules on unfair competition and illegal advertising.

7) MODIFICATION OF THE PRESENT CONDITIONS AND DURATION

The WEBSITE OWNER may modify at any time the conditions determined here, being duly published as they appear here. The validity of these conditions will depend on their exposure and will remain in force until they are modified by other duly published.

8) LINKS

The WEBSITE OWNER disclaims any responsibility for information that is outside this website and is not managed directly by our webmaster. The function of the links that appear on this website, exclusively to inform the user about the existence of other sources likely to expand the content offered by this website. The WEBSITE OWNER does not guarantee and is not responsible for the operation or accessibility of the linked sites. Nor suggests, invites or recommends a visit to them, so it will not be responsible for the results obtained. The WEBSITE OWNER is not responsible for the establishment of hyperlinks by third parties.

9) RIGHT OF EXCLUSION

The WEBSITE OWNER reserves the right to refuse or withdraw access to the portal and / or services offered without notice, at its own request or at the request of a third party, to those users who violate these General Conditions of Use of the Portal.

10) GENERAL

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and / or the performance of any activity on the web pages included or accessible through the website, you must send a notification to the WEBSITE OWNER WEBSITE, properly identifying themselves, specifying the alleged infringements and expressly stating and under their responsibility that the information provided in the notification, is accurate.

11) PUBLICATIONS.

The administrative information provided through the website does not replace the legal publicity of laws, regulations, plans, general provisions and acts that have to be formally published in the official journals of the public administrations, which are the only instrument that attests to their authenticity and content. The information available on this website should be understood as a guide. 

12) APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in that which is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of products or services covered by these Conditions, to the Courts and Tribunals of the user's domicile.

In the event that the user is domiciled outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of the WEBSITE OWNER.

In the event that problems or conflicts of interpretation arise in relation to the terms and conditions contained in this Legal Notice, as well as any other that is related to the services and products offered by this web site, GROWBARATO and the User agree that the applicable law will be Spanish and will be subject to the Courts and Tribunals of Valencia.

This merchant is committed to not allow any transaction that is illegal, or is deemed by the Credit Card Brands or the Acquirer in its sole discretion, to damage or have the potential to damage their goodwill or reflect negatively on them. The following activities are prohibited under the card brands programs: the sale or offer of sale of a product or service other than in full compliance with all laws applicable to the Acquirer, Issuer, Merchant, Cardholder or Cards.

In addition, the following activities are also explicitly prohibited:

• Selling or shipping cannabis seeds outside of Spain.
• Selling tobacco.
• Selling seeds to minors under 18 years of age.

The users of our website are aware of all the above and accept it voluntarily.

If you want to make any comments or suggestions, you can use our email: [email protected].

13) PRICES

National peninsular shipments:

• Shipping costs are free for domestic orders over 30€ with destination to the peninsula.
• The orders that do not reach this amount will have a fixed shipping cost of 5€ without taking into account the weight of the shipment.

Rest of shipments:

• The rest of destinations will have shipping costs depending on the weight.
• The web will show you before proceeding to the payment the total price of your purchase, with the expenses included.

Cash on delivery:

In addition to the assumptions contemplated in the previous section:

• The orders that opt for this form of payment will always have to pay a commission in concept of management of the collection on the part of the company in charge of the delivery.
• The amount will be 5% of the total purchase, with a minimum commission of 5€.

14) SHIPPING

Address:

• The order will be delivered to the address provided by the customer.
• It is very important to make sure that the address is correct and complete. The postal code must be included, since the shipping companies use it for deliveries.
• Any additional shipping costs generated by an incorrect address will be paid by the recipient.
• It is recommended to establish a delivery address where someone will always be there to receive the package.

Delivery times:

• The shipment in 24 hours (working) that we offer is for peninsular national shipments. The order must be placed a working day before 18:00 hours to be received the next working day.
• No shipments or deliveries are made on Saturdays, Sundays or holidays.
• Our fulfillment rate for this service is around 90%.
• Deliveries in remote areas, or areas with low population density, do not have these delivery times.

In addition, it is necessary to take into account some assumptions in which it is possible that the service will not be fulfilled. For example:

• Adverse weather conditions.
• Strikes in sectors that affect freight traffic.
• Collapses in the transport network due to high season or festivities, such as the Christmas campaign or Black Friday.
• Delays in deliveries will not imply the receipt of any compensation.

In the Balearic Islands the average delivery time is 72 working hours.

For shipments in the euro zone the average delivery time is 5 working days.

For other destinations, please contact our customer service department.

Shipment tracking:

You will be provided to your email the tracking number and the company in charge of the delivery. In this way you will be able to see the status of the shipment at all times.

Deliveries:

For domestic shipments there are 2 delivery attempts.

• If both are unsuccessful, you will have to pick it up at the office of the transport company in your city. 
• If there is no office in your city, it will be the closest to your place of residence.
• The customer service department will provide you with the location and any additional information you may need. 

For  international shipments:

• They will have one delivery attempt. 
• If the delivery is not effective, the package will be deposited at the UPS access point closest to your address.
• The address of the collection point will be available on the tracking of your shipment.
• If you prefer, you can contact customer service and they will provide you with the details.

Delivery schedules are established by the company based on their established routes. We provide your preferences and the company tries to comply with them as far as possible, but in no case can we guarantee the fulfillment of your delivery requests.

15) RETURNS, CANCELLATIONS AND GUARANTEES

Our company scrupulously complies with the regulations in force in our country in these matters.

Consumers can consult the General Law for the Defense of Consumers and Users, published in the Official State Gazette, for additional information on their rights (BOE-A-2014-3329).

Here we inform you in a very summarized form about the main points to exercise your right of withdrawal, return or processing of guarantees.

RIGHT OF WITHDRAWAL / RETURNS

• The consumer has 14 calendar days to return a product and will be refunded the full purchase price, including shipping costs.
• The product will be sent by the consumer to our facilities within 14 calendar days of notification of withdrawal. The notification will be made by email to our address [email protected].

Costs and method of return

• The costs of the return shall be borne by the customer. 
• The product must arrive in perfect condition, including its original packaging. 
• The material will travel at the customer's expense, so you must take the necessary measures to ensure that the product and the product box are not damaged during transport.
• You should avoid sticking shipping labels directly on the product box and take the necessary measures to prevent the shipping company from doing so.
• The refund of the amount will be made upon receipt of the material once the condition of the products is verified.
• The refund will be made by the same payment method used in the purchase, except for cash on delivery and cryptocurrency payments. In that case, it will be made by bank transfer.
• In the case of purchases with these payment methods, the amount refunded will be the price of the product plus the shipping cost. Commissions charged by third parties for the selection of these payment methods will not be paid.

There are products that are exempt from return or withdrawal, as published in the BOE. Some of the products that, either by their nature or because they are perishable, are exempt are: seeds, mushroom kits, biological control, fertilizers, sealed products whose seal has been removed (books or DVD's)...

Refrain from returning products that do not meet the requirements, as they will not be credited. In addition, the new shipment will be paid by the customer.

WARRANTIES

• The products purchased on our website have 3 years warranty.
• All products that may have a manufacturing defect are guaranteed, but the warranty will not be processed for those damaged by misuse.
• The processing of the guarantee will not have any cost for the consumer.

In the case of seeds:

• Although it is a product exempt from warranty by its nature, our company offers a claims service in two assumptions: in the event that they do not germinate or the germination rate is less than 70%.
• The failed seeds, together with the original packaging, must be sent by the customer by post for analysis.

If the requirements are not met, the claim will not be processed.

It is very important that you protect the products well before we send the transport company to pick them up, because, if the product suffers breakage during transport, the warranty claim will not be accepted. Therefore, the customer must do everything possible to prevent damage to the goods.

BREAK, WRONG FUNCTIONING OR MISTAKEN PRODUCTS

During transport:

If any damage occurs during transportation, it has to be notified when the parcel arrives.

If the customer service is unavailable, send an email to ([email protected]) with a photo attached of the damaged product. 

Wrong functioning:

• Our team will give you instructions to try to make it work.
• It is important to make sure that the product doesn’t work, if the product works when it arrives at our warehouse, the client will have to pay transport costs.
• If the product is faulty or mistaken, we will send you a new one immediately with no costs. 

GIFTS

• A gift is included in all purchases.
• Gifts can change depending on the amount of the order. 
• The customer can choose from the options, but they cannot be exchanged for other items or models different from those offered.
• In addition to our brand's gifts, we have a promotions program with different brands to introduce their products to the public.
• Promotions are for a limited time and subject to stock availability.
• The gifts are exempt from warranty.