LEGAL NOTICE
Standard Terms of Use and Agreement
1. OWNERSHIP
In compliance with what’s stated in Article 10 Law 34/2002 11th of July from the Services of Information and Electronic Commerce (LSSI-CE), the following constitutes general information of the present website:
La Huerta Grow Shop
Distribuciones Marianas 08 S.L.
Cif: B64740384
Travessera de les Corts 48
Barcelona , L´Hospitalet de Llobregat , 08903 España
(0034) 93 448 48 48
2. TERMS OF USE
2.1. Agreement to terms.
You (the user) agree that:
You have read, understood, and agree to the following: you are an adult and of legal age to purchase products on this website in accordance with the legislation in your country of residence and are of capacity to accept the responsibilities detailed here.
As the content and services offered by this WEBSITE (henceforth LAHUERTAGROWSHOP) deal in gardening products as well as products related to cannabis, access to this site is only permitted by adults over the legal age stipulated in the regulations in their area of residence. If you are underage, please exit LAHUERTAGROWSHOP.
2.2. Register.
The information provided by participating parties must be exact, current, and true at all times. Persons or entities who register are responsible for their password, assuming any consequences related to its misuse, including the transfer, release, or loss of password. For these purposes, the access to restricted areas and/or the use of services and content done using a participating entities password will be considered done by the registered entity or person, who is responsible for said access and use.
2.3. Site Rules.
Those who use the website (henceforth, you) agree to use this website and its content and services in accordance with the law, morality, public order and in the present general terms and conditions.
Additionally, you must use this WEBSITE’s services correctly and not for illicit activities or criminal activities, or those which act against the rights of third parties and/or infringe upon intellectual and industrial property rights or any other applicable legislation or regulation in the legal system.
You may not transmit, introduce, spread, or provide third parties with any type of material or information such as details, content, messages, drawings, sound and image files, photos or software that is against the law, immoral, against public order or the present terms and conditions. You agree to, including and not limited to:
- No to post or share the following content or propaganda: racism, xenophobia, porn, terrorism apology, or anything that goes against human rights or advocates for the non-responsible consumption of alcohol.
- Not to post or share data programs (virus and damaging software) susceptible to causing damage in the access provider, their providers, or third-party users on the internet.
- Not to post, share or provide third parties with any type of information, element or content that goes against fundamental rights and constitutionally and internationally recognized freedoms.
- Not to post, share or provide third parties with any type of information, element or content that constitutes illicit or unfair advertisement.
- Not to post or share any type of fake, ambiguous, or inexact content or information that may cause misinformation in receptors.
- Not to use other website users’ access keys to the different services and/or content in this website.
- Not to share, transmit or give third parties access to any type of information, element or content that supposes a violation of intellectual and industrial property, patents, brands or copyrights corresponding to the ownership of the website LAHUERTAGROWSHOP or third parties.
- Not to share, transmit of give third parties access to any type of information, element or content that supposes a violation of confidential communication and/or data protection laws.
LAHUERTAGROWSHOP is not responsible for any possible complaints, fines, or sanctions that may arise from the consequences of the misuse by part of the user (you) of any of the terms previously indicated, and therefore LAHUERTAGROWSHOP reserves the right to request compensation for any damages that may correspond.
2.4. Exclusion of Liability.
The content in LAHUERTAGROWSHOP has been made in good faith, with proprietary and third-party sources obtained legally. Even so, LAHUERTAGROWSHOP can’t guarantee the complete veracity and reliability of the aforementioned content.
The LAHUERTAGROWSHOP website does not accept responsibility for damages of any types derived from the use of the content, services and products provided.
The access of persons or entities to the WEBSITE does not imply that LAHUERTAGROWSHOP is obligated to ensure the absence of virus, worms, or any other damaging computing element. It is the user’s (you) responsibility to have the necessary tools for detecting and eliminating damaging computer virus or programmes.
LAHUERTAGROWSHOP is not responsible for the damages of any kind caused to the consumer due to shutdowns in the network that cause the suspension, cancellation, or interruption of services on the WEBSITE while or after using such website.
LAHUERTAGROWSHOP has no knowledge of the content or services on Linked Sites and, therefore, is not responsible for damages produced by illicit content, quality, unavailability, error or futility of the content and/or services offered by Linked Sites or any other type of damage that isn’t directly attributable to LAHUERTAGROWSHOP.
3. INTELLECTUAL PROPERTY
All content on the Website: texts, photos, images, icons, technology, software, links and other audio-visual content, as well as their graphic design and code are intellectual property of LAHUERTAGROWSHOP or third parties, website users have no usage rights under current regulations regarding the intellection property of the website.
Brands, commercial names, and distinctive signs belong to LAHUERTAGROWSHOP or third parties, accessing the website grants no rights over the aforementioned content.
By accepting these terms and conditions, you give LAHUERTAGROWSHOP, free of charge and exclusively, the rights to use articles, comments, and opinions (henceforth “content”) that you may publish or authorize to be published on the webpage. This transfer of data is to be understood as worldwide, without limitations, and for the longest duration mentioned in Law Article 1/1996, April 12th, in which the consolidated text of intellectual property law can be found, regulating, clearing up and putting into accordance the current legal provisions regarding the material. LAHUERTAGROWSHOP can use the reproduction, transformation, distribution and public communication rights of the Content, in the broadest sense of the law.
You confirm that you own the intellectual property rights of the aforementioned comments, opinions and posts, and you are responsible for any claims including damages claims that any third party may enact against LAHUERTAGROWSHOP due to right infringement caused by any actions derived from your obligations directly or indirectly regarding these terms and conditions.
Additionally, the user must not imply LAHUERTAGROWSHOP regarding any damages that they or any third party may suffer
4. CONTRACTING CONDITIONS
LAHUERTAGROWSHOP reserves the right to use payment methods by third-party and/or financial entities to handle payments made by users on the website, in collaboration with payment method providers.
LAHUERTAGROWSHOP does not have access to the bank details linked to the user’s payment methods, and does not register this data during payment operations.
LAHUERTAGROWSHOP reserves the right to decline or cancel with prior notice and at their discretion orders which may have (i) inaccuracies or product writing errors, (ii) inaccuracies or errors in pricing via the website or (iii) suspicion of fraud or significant fake, incomplete or inaccurate data provided by website users.
LAHUERTAGROWSHOP reserves the right to demand a copy via fax or email of the card used for the purchase as well as ID, bank extracts, national IDs, passports or documentation equivalent to the user’s DNI in order to confirm the veracity of the provided details.
In order to pay via bank transfer, users must make the transfer using the details that appear in the order confirmation email. This email will contain the account number to which the transfer should be made, the cost and the reference that you will need to annex in order to speed up your order confirmation. Your order will be processed once the full sum has been received and the delivery period and estimate provided to the user will begin once payment has been received. Orders made via bank transfer have a validity of 7 days. Any payment made after this period may be subject to product availability and price changes.
5. SHIPPING AND DELIVERY COSTS
Shipping costs for orders made by website users are to be paid by the user,, unless the contrary is explicitly stated.
LAHUERTAGROWSHOP, in this case the SELLER, indicates the shipping price during the ordering process; this sum must be approved by the user before accepting the order, unless it is included in the price. LAHUERTAGROWSHOP will give the user an indication during the order process of any additional costs incurred in the process.
LAHUERTAGROWSHOP will inform the user of the estimated delivery times of the order during the ordering process. Delivery times indicated are only estimates and refer to work days. LAHUERTAGROWSHOP is not responsible for additional delays regarding the estimated delivery time.
Deliveries are made to the designated domicile freely provided by the user when ordering, as long as the domicile is in one of the delivery areas included on the platform.
Deliveries are made during workdays (Monday to Friday) and in working hours (from 09:00 to 19:00). Unfortunately, we do not deliver on weekends or outside of working hours, as well as holidays, regardless of specific petitions made by users to the LAHUERTAGROWSHOP team or in their order.
6. RETURNS AND REFUNDS
Notice: once you receive your purchase, check its contents immediately; if the package is damaged on the outside let the delivery service know.
If your order arrives damaged, you have 24h to make a written complaint. After this period, no product complaints will be accepted.
Orders can be cancelled with no additional cost up until the moment that the order has been prepared for shipping to the user. If the petition for cancellation is received after the order has been prepared, it will be considered a returned product on behalf of the user.
Users may freely withdraw from the purchase agreement, without indicating the motive, within a limit of fourteen (14) natural days after receiving the product. The date marked on the delivery receipt will make the start of the aforementioned fourteen (14) days.
To exercise your right to withdraw, users must communicate this to info@lahuertagrowshop.com indicating for the effect of identification and management, the email used for the purchase and the order number. LAHUERTAGROWSHOP will answer you specifying precise instructions in order to exercise your right to withdraw.
The user of the website will assume the costs associated with returning the product, which must be safely packaged and sent so that the goods returned are in perfect condition. The user will be held responsible for any defect, damages or harm one to the product during this process.
LAHUERTAGROWSHOP, if the right to withdraw is used, will return the total cost of the order minus the pickup costs generally handled by the same shipping company that made the delivery.
LAHUERTAGROWSHOP will only allow for products to be returned when the functionality of the product has been proven to be in good condition by the user, in accordance with current legislation.
LAHUERTAGROWSHOP does not allow for the return of products that have suffered deterioration or damages by part of the user.
The product returned must be in its original packaging and in perfect condition, which is to say, not damaged or dirtied by the customer, and it must be sent to the location indicated by LAHUERTAGROWSHOP in the instructions sent to the customer. The packaging must be properly identified in order to identify the sender. If not sent under the conditions stipulated in the present terms and agreements, the goods will be depreciated, and the cost must be covered by the customer.
This withdrawal has no bearings in the scenarios stipulated in Article 103 Legislative Royal Ordinance 1/2007 16th November, which approved the Consolidated Draft of the General Law for the Protection of Consumers.
5.6.10. In case of shipping error or product defects, LAHUERTAGROWSHOP will change the defective product for another, as long as the product is available. If the product were not available, the cost of the product will be returned within 14 natural days. In order to request a refund, get in touch with us via (+34) 93 448 48 48 or send us an email at info@lahuertagrowshop.com.
For international orders, if the customer does not pay the customs fees when your order arrives (handling and taxes), once it has been returned to our installations we will refund the cost of the customer’s order minus the cost of shipping and handling (9 euro minimum).
If for security reasons the product has been sent disguised, removed from its original packaging, it cannot be returned.
7. APPLICABLE LEGISLATION AND JURISDICTION
These Terms and Conditions are governed and interpreted in accordance with Spanish Law.
LAHUERTAGROWSHOP and the user expressly waiver any other jurisdiction and submit entirely to the jurisdiction and competency of the Court of Law of L’Hospitalet de Llobregat regarding any controversy that may arise from using the services underlined in these terms and conditions and the particular conditions on this website.
8. CONDITIONS OF SELLING CANNABIS SEEDS
The 1961 Single Convention on Narcotic Drugs, amended by the 1971 Protocol, upheld by the Spanish state, includes an audit on flowering or fruiting tops of cannabis plants, as well as the resin obtained from cannabis plants, but it expressly excludes seeds.
Users of this website are obliged to understand and respect the laws in their country regarding buying and using cannabis seeds. LAHUERTAGROWSHOP is not enticing or encouraging misuse or illegal use of the seeds it sells. Therefore it is the website user’s responsibility to use products acquired on this web responsibly.
LAHUERTAGROWSHOP declines any responsibility associated to acts committed by users of this website which may be considered illegal.
9. PRIVACY POLICY
To read our privacy policy, click this link.
10- LEGAL NOTICE.
This merchant endeavours to not allow any type of illegal transaction or transaction considered to be so by credit card companies or acquiring banks, which could or might have potential to harm their good faith or influence them negatively. The following activities are prohibited by virtue of credit card brand programs: the sale of offer of a product or service that isn’t in total compliance with laws applicable to the Buyer, Emitting Bank, Merchant, Cardholder, or Cards; selling cannabis seeds outside of Spain.