General terms and conditions of contract

1- Legal Framework

In compliance with current regulations, the entity GROWBARATO DISTRIBUCIONES SL operating through the internet from the present website HTTPS://WWW.GROWBARATO.NET/ hereby details the general contracting conditions for the products and/or services offered through it. These conditions generate the rights and obligations of the parties involved.

2- Identification

These General Contracting Conditions (hereinafter "Conditions") aim to regulate the relationship between GROWBARATO DISTRIBUCIONES SL (hereinafter the "Provider") and the customers (hereinafter the "User"), concerning all transactions carried out through the online store website.

2.1. Offering Company

1. LEGAL NAME: GROWBARATO DISTRIBUCIONES SL
2. TRADE NAME: GB THE GREEN BRAND GROWBARATO
3. TAX ID: B98767239
4. ADDRESS: AVENIDA ALICANTE No 2A
5. CITY: SILLA
6. PROVINCE: VALENCIA
7. ZIP CODE: 46460
8. PHONE: 962 066 298
9. EMAIL: [email protected]

And on the other hand:

2.2. The User

The user or customer will be understood as the internet user who acquires this status through registration on the website, using a form and being assigned a username and password. The user is fully responsible for the use and custody of these credentials and for the accuracy of the personal data provided to the provider, as discussed in the User Registration section.

3- Acceptance

By accepting these Conditions, the User declares:

1. To be a person with the capacity to contract according to current regulations.

2.To have read and accepted these Conditions.

4- Availability

The User will have access, always and in any case, prior to the start of the product contracting procedure, to the conditions, which can be stored and/or reproduced on a durable medium.

5- Validity or duration

The validity or duration of these Conditions and specific contracting conditions will be the time they are published on the mentioned website. They will apply from the moment the User uses the website and/or proceeds to the contracting of any products.

6- Modifications

The provider reserves the right to unilaterally modify these Conditions, without affecting goods or promotions acquired prior to the modification by the User.

The User agrees to carefully read the contracting conditions each time they proceed to contract a product, as they may have been modified since their last access.

7-Nullity

If any clause included in these Conditions is declared totally or partially null or ineffective, such nullity will only affect that provision or the part thereof that is null or ineffective, with the rest of the Conditions remaining in force.

8-Object of the contract

This contract aims to regulate the contractual relationship of sale between the provider and the user when the user accepts the purchase during the online contracting process, as outlined below.

The contractual relationship of sale involves the delivery, in exchange for a specified price publicly displayed on the website, of one or more specific products.

Each of these products may be subject to specific regulation through the specific conditions of each of them, detailed in the warranty, returns, withdrawal, or in the product's technical data sheet, due to the different formats in which the products are marketed, their packaging, or their nature.

9-User registration

The User can register on the website, by clicking on the top right "User Icon" "Register Now," or during the purchase process. For this purpose, the user will enter the required personal data such as name and surname, email, delivery address, phone, as well as any other mandatory data. If the shipment is destined for the Canary Islands or any other location with customs, additional information such as ID, NIE, etc., will be requested.

Registration as a store user will provide access to the website, the purchase of products, and the receipt of informative newsletters with information about the company and its products.

The user will choose a username and password, committing to use them diligently and not make them available to third parties. The user is fully responsible for their use and custody and is responsible for the accuracy of the personal data provided to the provider.

The user cannot choose as a username words intended to confuse others by identifying them as a member of the provider, nor use offensive expressions, insults, or anything contrary to the law or moral and good customs.

10- Geographic scope

This website HTTPS://WWW.GROWBARATO.NET/ operates and sells in the European and North American territories. This geographic area will be referred to as "the Territory." Therefore, shipments and product distribution are only made within the Territory. The use of this website and any purchases made on it are considered to be made in Spain and are subject to current Spanish laws and regulations. The Provider does not accept or deliver orders outside the mentioned Territory.

The above is stated without prejudice to the possibility of offering these services in excluded areas in the future, in which case it will be announced in advance on this website.

11- Product information

The Provider pays great attention to information about product characteristics through technical descriptions and illustrative photographs. All of this is done within the limits of technology and respecting market standards.

12-Taxes, Currency, and Shipping Costs

In accordance with current regulations, every purchase made through the website is subject to Value Added Tax (VAT).

Prices include Value Added Tax (VAT) and are expressed in Euro (€), £ (British Pound), and $ (US Dollars). These prices, unless expressly stated otherwise, do not include shipping costs or any additional services related to the purchased product.

13- Language of the contract

The contracting procedure and pre-contractual information are available in Spanish, English, French, Italian, and Portuguese. These languages will be used for contracting.

14- Steps of the contracting/purchase process

14.1. Registration

To initiate the product contracting process on HTTPS://WWW.GROWBARATO.NET/, it is necessary to register as a user. Click on the button on the main page of the website "User Icon" "Register Now" and fill in the mandatory information on the page that follows.

The registration system does not have a user verification system during the registration process. Therefore, before activating the user in the system, a welcome message is sent to the email. Once registered successfully, the user can log in with their username and password to access the control panel of their profile and manage various functions provided by the website, such as account information, addresses, order history, order details, order locator, discount coupons, out-of-stock product subscriptions, loyalty points, wish list, product evaluations.

After registration, the user can proceed to purchase the product(s).

14.2. Purchase process

The purchase process is easy and straightforward.

Summary of the products added to the shopping cart

1. Order placement method as a guest or registered user
2. Gift selection
3. If you have a discount coupon, include it in the cart
4. Shipping information. Select or enter the delivery address
5. Payment information. Select the payment method
6. Review the order, confirm purchase and payment

*NOTE: OBLIGATION TO PAY WHEN PLACING THE ORDER.

Considerations during the purchase process.

15- Product availability

At HTTPS://WWW.GROWBARATO.NET/, a system is in place indicating stock levels, preventing any product without availability from being available for sale. In case of an error and the customer purchases an unavailable product, the customer service team will contact them and offer a product with similar characteristics (always of

16- Types of products

The website offers a wide diversity of products for cultivation, ranging from tools, cabinets, and lighting to seeds, fertilizers, CBD shop, paraphernalia, and merchandise, all distributed into categories for easy browsing.

17- Maximum order amount

There is no maximum order limit, but if the cash-on-delivery payment method is chosen, the order amount cannot exceed one thousand euros (approximately).

18- How to modify or cancel my order

To modify an order, you can do so as long as you haven't completed the purchase. You can return to the main page of the portal to continue adding products to your cart.

If you wish to modify an already placed and confirmed order, you can inquire about it by directly calling our customer service.

To cancel an order after making a purchase, it can be canceled with a full refund only if the order has not left our warehouses or is in transit to the specified address.

For orders that have already left our facilities, the courier company will be notified, and in this case, the refund to the customer would be full, except for shipping costs.

To request the cancellation of your order, please contact us by phone.

19- Shipping Costs, Methods, and Delivery Time

Shipping costs will be handled by the supplier's transportation company and will follow the following rates:

1. €5 shipping costs on orders to the peninsula below €30.
2. Free shipping on orders over €30 in the peninsula.
3. Cash-on-delivery purchases always include a minimum supplement of €5, which, for orders over €100, will become 5% of the purchase value.
4. For orders to the Balearic Islands or the Canary Islands, shipping costs will vary based on island, volume, and weight.
5. International shipping costs will be calculated starting from €7 based on destination, volume, and weight.

20- Delivery Time

The delivery times for an order will vary depending on its destination:

1. Orders to the peninsula: 24-48 hours (business days)
2. Orders to the Balearic Islands: From 48 hours (business days)
3. Orders to the Canary Islands: Approximately 5 days (business days)
4. International orders: From 72 hours (business days)

If a package is not received within the specified period, an investigation will be conducted with the carrier, which could take several days (approximately fourteen (14) business days). During this period, no reshipment or refund of the order can be processed.

We advise you to verify that everything is in order with your order upon receiving the package and that the package packaging is in perfect condition. Sign with reservations and indicate by hand on the carrier's delivery note if any anomalies are found. If, upon opening your package, you find that the delivered items do not match your order or are damaged, contact our Customer Service, see their section.

21- Invoice

Where can I check my invoice? The purchase receipt is always sent via email.

22- Value Added Tax (VAT)

In accordance with current regulations, every purchase made through the website will be subject to Value Added Tax (VAT).

23- Payment Methods or Modalities

In general, the User can choose the payment method:

A) By credit/debit card, providing, among other things: (i) name and surname; 

(ii) card number

 (iii) CVV/CVC

(iv) card expiration date

Once you have validated all the information about your purchase (items, shipping methods, delivery and billing address), a choice will appear to select the payment method you want to use and enter your details.

In case the payment platform reports the card's denial, the order will be automatically canceled, informing the customer online and at that moment, as mentioned earlier. Payments cannot be made with cards issued outside the Spanish territory.

B) By bank transfer (Two accounts to choose from)

You must make the transfer to the account that will be indicated in due course. IMPORTANT: as the transfer concept, you must only indicate the order number that will be provided to you.

C) Cryptocurrency

CASH-ON-DELIVERY IS ACCEPTED WITH AN ADDITIONAL SUPPLEMENT OF €5

Your card details will not be saved in our database, as when filled out, they will be on the secure website of the chosen bank.

24- General Provisions on the Payment Process

• The payment order given by the User necessarily implies adherence to these General Conditions as well as the specific conditions of the order.

• For any payment method chosen by the User, all payments will be subject to the terms and conditions applicable to the User by the intervening financial entities or by secure payment platforms (e.g., Visa, Mastercard, etc.).

• Once the payment has been made correctly, the User will receive an informative and confirmation email accrediting the essential conditions of the operation:

o Services contracted and description of the same. o Products sent to the address indicated by the User:

The confirmation email will contain the purchase receipt.

The Provider reserves the right to cancel payments or orders in case there are signs of fraudulent operations, informing the competent authorities of behaviors that are susceptible to investigation for fraud prevention.

25- Returns of Defective, Damaged, or Incorrect Products or Exercising the Right of Withdrawal

Once you have received your order, you can withdraw from your purchase, provided that the product has not been used, has its original packaging or one that ensures that the product will not suffer damage, as well as its corresponding manuals, original accessories, or promotional gifts, if any, within 14 Natural days after receiving your order.

We remind you that when exercising your right of withdrawal, the refund of the money paid for the purchased product/s will be made, including the purchase amount and, if applicable, the delivery costs in the least expensive mode of ordinary delivery. Also, in case you choose the option of collecting the product at your home, the costs of the collection itself will be borne by the customer.

Living or organic items, such as seeds, mushroom loaves, or truffles, cannot be returned.

In the case of products that require opening and use to determine if they work properly or that their characteristics are suitable, the Provider will require, to accept the return, that the returned product be in perfect condition and also have all its elements, packaging, and must ensure that: It has not been used incorrectly or negligently, has not been manipulated inappropriately or recklessly, and has not been subjected to abnormal or harmful conditions; It has not been involved in any accident or has been damaged while trying to repair or modify it; it has not been used contrary to what is established by the manufacturer in the Product instructions; It has not deteriorated due to natural wear after receipt.

If the product does not meet any of the mentioned requirements, we may decide, at our discretion, not to repair or replace the product nor refund the amount paid and/or may ask you to reimburse all transportation and inspection costs incurred according to current standard rates. To carry out this refund, we may charge the mentioned costs to your credit or debit card account or use the payment details provided when placing the Order.

In the case of a defective product, the Provider will proceed, as appropriate, with repair, replacement, price reduction, or resolution of the contract, which will be free for the consumer and user.

In cases where you consider that at the time of delivery the product does not conform to what is stipulated in the Contract, is damaged during shipment, or is incorrect, you must contact us immediately during our previously mentioned customer service hours or the Customer Service section.

Once the return request has been examined, and the necessary checks have been carried out, upon confirmation, we will proceed to pick up the product at the delivery location.

We will carefully examine the returned product and communicate to you, within a reasonable period, whether a return or replacement is appropriate (as the case may be). The return or replacement of the item will be carried out as soon as possible and, in any case, within 14 natural days from the date we send you an email confirming that the return or replacement of the non-conforming item is proceeding.

Amounts paid for products returned due to any proven defect or flaw will be fully refunded, including the delivery costs incurred to deliver the item to you. The refund will be made using the same payment method that was used to make the purchase.

Rights recognized by current legislation are preserved.

The return of a product purchased on the website can be done through the following method:

1. By requesting a pickup at your home, which you can do by sending an email requesting the return with your contact details and order number or by contacting our customer service through the information provided in Section 26.

26- Exceptions to the right of withdrawal

The right of withdrawal does not apply to the delivery of:

● Products whose nature may be altered.

Click here to download the withdrawal form.

27- Customer Service: Assistance, Suggestions, and Complaints

At any time, you can contact our Customer Service for assistance, suggestions, or complaints by writing to [email protected] or by calling 962 066 298, Monday to Friday from 11:00 AM to 6:00 PM.

28- Product Warranty

All items offered on our website come with the manufacturer's official warranty as legally established, for a period of 3 years from the delivery date or for the period legally established at any given time.

This warranty does not cover deficiencies caused by negligence, impacts, misuse, or improper handling, nor materials worn out by use.

The provider reserves the right to request verification of the origin of the problem from an official service of the brand. In the event that a defect is caused by external factors, the repair will be billed. In cases justifying the application of the warranty, the options of repair, replacement of the item, reduction of the price, or refund will be considered, as legally established.

To make a warranty claim, contact the Customer Service by phone or email, where you will be informed of the process to follow.

29- Rights of the provider

1. Retain, modify, or suspend its website without prior notice.
2. Change the prices of offers.
3. Reject orders due to lack of stock or non-payment by the customer.
4. Deny access to computer tools to customers in case of non-compliance with these conditions.
5. Receive the amount of customer purchases, accepting the transaction.
6. Reserve the domain and retain full ownership of the item until full payment by the customer.
7. Not reproduce, sell, or dispose of the information published by the Provider in all its contents without the express permission of the company.
8. Correct or amend human or computer errors.

30- Limitation of Liability

All information provided by the User to the Provider through the corresponding forms must be truthful. It is the User's responsibility to keep the information supplied to the Provider properly updated. In any case, the Provider disclaims any liability for damages or harm caused as a result of providing false, insufficient, inaccurate, or incorrect information.

Access to the website does not imply any obligation on the part of the Provider to verify the authenticity, suitability, completeness, accuracy, adequacy, and updating of the information provided by the User through the corresponding forms.

The Provider will not be responsible in cases where it is the responsibility of the parents, guardians, or legal representatives of Users who are minors or incapacitated to authorize access, supply of personal information, or use of the website or the hiring of any products or services provided through the applications or web platform. It will be the responsibility of said parents, guardians, or legal representatives to supervise the access and use of the minor or incapacitated person to the hiring of products and services provided through HTTPS://WWW.GROWBARATO.NET/.

User access to the Content does not imply any obligation on the part of the Provider to check for the absence of viruses or computer elements that may have a harmful effect on the User's computer equipment. In any case, it will be the User's responsibility to have the necessary tools to detect such viruses or computer elements of a harmful nature. Consequently, the Provider will not be responsible for any possible damage caused to the computer equipment of Users or third parties during access to the Content.

The Provider will not be responsible for interruptions that occur in electrical or telecommunications services that prevent users from using the services offered.

31- Applicable Law and Jurisdiction

These conditions will be governed or interpreted in accordance with Spanish law in what is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services subject to these conditions to the Courts and Tribunals of the user's domicile.

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

32-Online Dispute Resolution Platform for Consumers and Merchants

The European Commission has launched a platform to help consumers and merchants resolve disputes related to online purchases.

Platform address:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage