1. Information prior to hiring

Flores el Calé (hereinafter, "the selling party" or "the seller").

Company name: Flores el Calé, S.L.

Trade name: Flores el Calé

CIF: B-96239173

Address : Camino Azagador, s/n, 46650 CANALS (Valencia)

E-mail: info@floreselcale.es

Telephone: 96 224 17 72

Communications and notifications

The data in this section are the contact information for any the exercise of rights of the user or consumer (hereinafter, "user or consumer" or "buyer") that are recognized in these Conditions or in the law.

To the extent permitted by law, Wherever permitted, both parties will mainly maintain electronic communications for any notification, information and other communications derived from these Legal Conditions of Sale.

For contractual purposes, You consent to use the electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect to your rights recognized by law.

The notifications you send us must be sent through our e-mail address info@floreselcale.es.

1.2. Other information prior to contracting

These Legal Conditions of Sale (hereinafter, Legal Conditions of Sale) regulate purchases made through this website and, therefore Therefore, they will be incorporated into your purchase contract.

In addition, we inform you that these Legal Conditions of Sale may be complemented or modified by particular or specific clauses or conditions for certain products, either by exclusion of the right of withdrawal, regarding changes and/or returns, etc. Therefore, you must carefully consult the information of each product to know the particular conditions in each case and moment.

We inform you that the applicable legal regime will be mainly the Commercial Code, Civil Code, the General Law for the Defense of Consumers and Users, the Law of the Information Society and Electronic Commerce, the Retail Trade Law, as well as the as the rest of the regional and state regulations that are applicable.

In accordance with the provisions of Law 7/1998, on general contracting conditions, we guarantee that these conditions Legal terms of sale have been set out and are accessible in advance to the generality of users who access this website, and before they could purchase any product, regardless of the fact that in order to make the purchase, it will be necessary It is necessary to have marked the "checkbox" of having read them; Therefore, they can be stored and reproduced, in accordance with the provisions of current legislation, thus complying with the provisions of current legislation. the duty of prior information.

The selling party reserves the right to modify these Legal Conditions of Sale at any time, which will not affect, in any case, purchases. made prior to the approval of said modifications. Therefore, the Legal Conditions of Sale will be applicable at the time of making each purchase. It will not be The contracting of any product and/or service is not possible without prior acceptance of these Conditions.

All purchases made through this website, through The username and password created and provided will be considered validly made by the client and, therefore, will be binding. Therefore, the client will be You are exclusively responsible for purchases made through our website, by any third party that may use your username and password. In addition, the placing of orders by minors that falsifies the registration information will be understood as carried out under the supervision and authorization of their parents, guardians or legal representatives.

It is important that the user or consumer knows and is aware of the informed of the Legal Conditions of Sale in force at the time of the beginning of the purchase process. Furthermore, when reWhen purchasing the products, the user or consumer declares that:

a) He or she is a person with sufficient capacity to contract.

b) He or she has read, understands and, therefore, Therefore, you assume and accept all the obligations and conditions that apply to you (Legal conditions of sale, privacy policy, etc.).

The possible contract offers that are included in our page The website will be valid for the period established in each case or, failing that, for as long as they remain accessible to the recipients. All of this, without prejudice to the provisions of specific legislation.

In any case, the the availability of each of the products sold through this website and, therefore, in the event of a lack of stock, it will not be able to not be purchased by any user or consumer.

The owner of this website makes every effort to ensure that the image of the products that appear are as faithful as possible to their reality. Some characteristics, therefore, may not be correctly appreciated or may vary due to issues related to your monitor.

1.3. Other legal conditions of sale

The selling party will only be liable for for those products published or offered on this website and, therefore, we will be obliged to comply with these Legal Conditions of Sale here. established, thus as the applicable legislation in this regard and in matters of product liability for defects or irregularities that are a direct consequence of any intentional, negligent or negligent act directly and exclusively attributable to us, the selling party.

< p>All products published on this website will be accompanied by their corresponding description: characteristics, price with VAT, whether it has a discount or not, among others. Therefore, all information related to the products will be available. It will always be made available to users or consumers prior to contracting.

Territorial scope

The territorial scope of sale of the products will be: the Spanish territory, without prejudice to the power that we reserve to be able to make sales and/or shipments to other states of the European Union and even internationally.

Majorí a of age

In accordance with applicable legislation, the sale of our products is prohibited. Directed only to people over 18 years of age. If you are a minor, you must obtain prior written authorization from your representatives or legal guardians to make the sale.

Availability of the products

All Orders are subject to availability of the products. It may be that, once the order or shipping confirmation has been sent, we may not be able to have the product or products requested due to any circumstance. In this case, we will contact you as soon as possible to let you know. To this end, we may:

Offer you a product with characteristics and specifications similar to the requested product, without increasing the price, as long as they are consistent with the needs of the user or consumer

Refund the amount paid for the product or products not available within fourteen (14) business days and, therefore, cancel the order or reduce the amount of its products.

The seller reserves the right to withdraw, remove or modify, at any time, the products, materials or contents thereof.

Breach

The seller will not be responsible for the total non-compliance, defective or delay in the fulfillment of our obligations due to force majeure or fortuitous event and, therefore, the term of the obligations will be suspended in such cases and during the period that is extended, it will resume. The calculation will be made once such circumstances disappear.

Partial nullity

If any of these Conditions or any provision of a contract is declared null and void by resolution of the contract. n firm dictated by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity

Waiver

The lack of requirement or exercise of rights or actions on our part in defense of our interests or for strict compliance with the legal and/or contractual obligations of the user or consumer, notwill mean waiver or limitation of any such rights or actions nor will it exonerate the user or consumer of such obligations.

Transmission of risk and ownership

The risks of the products will be borne by the user or consumer from the moment of delivery.

The user or consumer will acquire Ownership of the products will be given when we receive full payment of all order amounts (including shipping costs).

1.4. Customer service and conflict resolution

Online Dispute Resolution Platform

Likewise, we inform you that, in accordance with the provisions of art. Article 14.1 of Regulation 524/2013, The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/ odr/

Consumers may submit their claims through the online dispute resolution platform.

We inform you that we are not affiliated with any entity for alternative resolution of conflicts with consumers.

2. Prices, payment methods and shipping.

Price and validity period of the products

The customer accepts that the economic valuation of some of the products may vary. in real time. As a consequence, the price to be applied will be the one in force on the date of placing the order. Notwithstanding the above, said final price will be communicated to the client in the electronic purchasing process in advance and before he proceeds to formalize his acceptance of the purchase.

The prices on the website are via the website. lidos except error or omission.

The prices on the website are shown WITHOUT VAT, later, before validating the purchase, taxes such as VAT and R.E. are calculated. in addition to other charges such as shipping or cash on delivery expenses if applicable.

In the prices indicated on the products, unless expressly indicated otherwise, They do not include shipping costs, shipping insurance or any other additional services and annexes to the product or service purchased.

Such costs cannot be calculated in advance because they are calculated based on the price of the product or service purchased. n of the territory to which the order is sent as well as such as its weight and size.

The client can check and calculate the total price of the product with the exact breakdowns before proceeding to formalize the payment in the website purchasing process.

Invoice

The invoice will be issued in electronic format.

Said invoice or purchase receipt will be Automatically sent to the email address provided by the customer in the purchase/registration process or in the product box.

Payment methods

The user will be able to make payment for the order through the following ways:

All payment methods enabled on this website are subject to verification and authorization by the entities issuing the payment method, but if said entity does not authorize the payment, the payment cannot be made. continue with the purchase procedure initiated, the order being automatically cancelled, and the purchase and sale of the requested order being understood not to have been carried out.

Shipping

* Minimum expedition: 

The minimum amount to issue an expedition will be of 50 euros.

* Conditions for free shipping:

To benefit from the free shipping promotion, you must reach the minimum amount purchasing mood established in the promotion, before taxes:

80€ in products from the Flower, Green, Freeze Dried and Dried families, except the "Christmas" family.

110€  on any type of product on our website.

Natural plants will only be sent by the MRW agency.

*This promotion is valid only for shipments within the Iberian Peninsula.

* Prices:
The prices of the products in our store are valid except error.

* Selection of delivery day:
The user must Choose the day you want to receive the shipment, as well as as the delivery address.
Flores El Calé requires the contact telephone number of the person who will receive the payment. shipping.

Order cancellation, guarantee and withdrawal

Order cancellation

If once the purchase has been made you wish to cancel an order that is still has not been issued, it can be done as long as it is indicated by email or telephone, indicating the number of the order that you wish to cancel.

In any case, you may cancel the order. request it through:

E-mail: info@floreselcale.es

Phone: 96 224 17 72

Can I modify the order?

When you complete your purchase, you will receive You will receive an e-mail with confirmation of your order. Please review your purchase and your shipping information in order to communicate any modifications as soon as possible before the order leaves our facilities.

In any case, you can request it through:

E-mail: info@floreselcale.es

Phone: 96 224 17 72

You must tell us what products you want to remove or replace. For this last case, you must tell us what new products you want to add to the order and the quantity.

In the event that the modification implies that the new total amount is greater than the initial order, you must enter the order. payment of the difference is made until the new total amount is reached. In the event that the modification implies that the new amount is lower than the initial order, we will refund the difference until the new total amount is reached.

The seller reserves the right to reject order modifications for reasons organizational or that cause harm to it.

Guarantee

If you are a consumer, all durable and non-perishable products have a three (3) year warranty, in accordance with the provisions of the Royal Legislative Decree, 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:

a) They conform to the description ;n made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.

b) They are suitable for the uses to which the seller's products are ordinarily intended. same type.

c) Are suitable for any special use required by the consumer and user when this has been made known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for such use.

d) They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect

If the product does not comply With the contract, the consumer and user will be able to You can choose between demanding the repair of the product, its replacement, a reduction in the price or the termination of the contract.

The seller is not responsible for damage to the products of a misuse of them, as well as as well as acts or omissions of the User that do not conform to the specifications of each Product or damages caused by third parties that are not linked to the seller.

In the event that the user or consumer If you consider that any of the products in your order do not conform to the indicated specifications, you must to communicate it immediately, indicating the products in questionute, like this informing you of the identified defects and if you wish to return or replace, through:

E-mail: info@floreselcale.es

Postal address: Camino Azagador, s/n, 46650 CANALS (Valencia)

The shipment of the order and the products, whether their return is requested or not. n or replacement, they must be sent in the same conditions as received, and through a courier proposed by the seller or, by their own means.

Once the products have been inspected and Within a reasonable period, we will send an email to the user or consumer to inform them whether or not the return or replacement is appropriate. If applicable, the return will always be made without delay and through the same means of payment used for the purchase, always within fourteen (14) calendar days following the date we receive the communication or receive the returned products, as well as as well as the shipping costs assumed by the user or consumer.

The amounts paid for those products that are returned due to some defect or defect, when it really exists, will be refunded. in full, including the delivery costs incurred to deliver the item to you and the costs you would have incurred in returning it to us. The refund will be made in the same payment method that was used to pay for the purchase.

Right of withdrawal

For products of a durable and non-perishable nature, the consumer and/or user will have You will have a period of 14 calendar days from the date of receipt of the product to return it.

In the case of perishable products, the consumer and/or user must report any incident as soon as possible and in any case within 24 hours of receiving the merchandise. After the indicated period, the selling party reserves the right to accept or not the return of the products, unless the guarantee period applies.

To manage the return, you must communication in this regard, either through the personal area or, indicating the willingness to exercise the right of withdrawal, indicating the products you wish to return, by notification through:

Phone: 96 224 17 72

Email: info@floreselcale.es

Postal address: Camino Azagador, s/n, 46650 CANALS (Valencia)

You can use the model withdrawal form that you can obtain at the following link (right of withdrawal form ), although it will not be mandatory to use the model provided. It is enough for you to inform us that you wish to exercise the right of withdrawal before the corresponding period expires.

Once we receive the notification, we will acknowledge receipt of the exercise of such right.

The management and transportation costs incurred as a result of the return of the products will be borne by the user or consumer, so the shipment must be be made postage paid. 

The user or consumer must return the products in the same conditions as they were received; and through the courier company provided by us or, by its own means.

The selling party reserves the right to reject possible returns in the event that the returned merchandise is damaged. in poor condition or due to transport damage. The products must be returned in the same conditions in which they were received.

Once the returned products have been inspected and within a reasonable period of time, we will send an email to the user or consumer to inform them if it is appropriate or not the return. If applicable, the return will be made through the same payment method used for the purchase, always within the legal period of fourteen (14) calendar days following the date we receive the communication or receive the returned products. You must You must inform us in the same request to exercise the right of withdrawal if you want the return to be made through another payment method other than the one used to pay for the order.

However The above, we may withhold the refund until we have received the products or the user or consumer has presented us with proof of their return.

The address where the product must be returned. returning the products will be at Camino Azagador, s/n, 46650 CANALS (Valencia)

It will be considered. The deadline will be met if the return is made before the deadline has elapsed.indicated period.

The return will include, in addition to the amount of the products, the delivery costs to the initial shipping address (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method that we offer).

Notwithstanding the above, the direct return costs ( transportation costs) must be to be assumed by the user or consumer, which will be responsible for the decrease in value of the products that results from handling other than that necessary to establish the nature, characteristics and functioning of the products.

If you return the products If the products are shipped freight collect, we will be authorized to charge you any costs we may incur.

The exercise of the right of withdrawal will not entail no additional charge or cost, without prejudice to the specifications contained in these Legal Conditions of Sale, as well as as the legal precepts that may apply.

Below we indicate the section of article 103 of Royal Legislative Decree 1/2007, by which the right of withdrawal does not exist:

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene. and that have been unsealed after delivery.

f) The supply of goods that, after their delivery and taking into account their nature, have been inseparably mixed with other goods.

4. Other clauses

4.1. Liability and disclaimer

However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:

a) Loss of income or sales.

b) Loss of business.

c) Loss of profits or loss of contracts.

d) Loss of anticipated savings.

e) Loss of data.

f) Loss of management time or office hours.

We will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure"). .

Causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control. Below is a list of examples, without being exhaustive or limiting:

a) Strikes, lockouts or other protest measures.

b) Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.

c) Fire, explosion, storm , flood, earthquake, sinking, epidemic or any other natural disaster.

d) Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

e) Impossibility of using public or private telecommunications systems.

f) Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the cause of force majeure. major.

4.2. Confidentiality and data protection

Below, we inform you about the processing of your personal data:

The person responsible for data processing is Flores el Calé, S.L., with CIF B-96239173, with address at Camino Azagador, s/n, 46650 CANALS (Valencia) and contact information 96 224 17 72 and info@floreselcale.es.

The purpose and legal basis for the The way we process your personal data is for the management of the execution of the contract or pre-contractual measures (purchase and sale contract).

The personal data we collect are identifying data (name and surname, ID, telephone, e-mail) and, where appropriate, financial (credit card).

We will only share your personal data when necessary: web hosting, service email, transportation company, among others. In addition, when necessary, we will also share it with companies or collaborators.

We will keep yours personal data for the time necessary for the purpose for which they were collected, as well as as the time necessary for possible responsibilities that may arise.

Current legislation grants you the following rights related to your personal data, which you can direct to us through different means of communication. n indicated in the first section, always attaching a photocopy of the identity document or equivalent identification document and indicating what right or rights you wish to exercise:

Right of access: For example, you can exercise your right to access your personal data.

Right of rectification: For example, you can modify the data we process.

Right of opposition: For example, you can exercise your right not to receive further advertising/Newsletter.

Right of deletion: You can withdraw the consent or request that we delete your personal data.

Right of limitation: For example, you can request that we retain your personal data for longer.

Right of portability: For example , you can request that we send your personal data to other data controllers.

We inform you that, in case of disagreement with the processing of your personal data, you have the right to file a complaint with the supervisory authority. competent authority (Spanish Data Protection Agency: www.aepd.es).

We inform you that the Data Controller carries out all those technical and organizational measures that guarantee that the processing The data processing is in accordance with legal requirements and guarantees the protection of the rights of the interested parties/users. All of this, in accordance with the provisions of article 24 of the General Data Protection Regulation (GDPR).

In addition, we inform that we carry out all applicable and necessary measures regarding security of personal data:

We guarantee the confidentiality, integrity, availability and permanent resilience of the processing systems and services.

We put all those measures that are in our hands to have sufficient capacity to restore availability and access to personal data quickly in the event of a physical or technical incident.

Where appropriate, we apply encryption policies.

Where appropriate, we apply encryption policies.

We have the protocol for verification, evaluation and assessment of the effectiveness of the technical and organizational measures implemented.

We have the protocol for the notification of possible violations of personal data security, both to the control authority and to the interested parties.

4.3. Applicable law and jurisdictional jurisdiction

This site is located and operates from Spain. These legal conditions of sale, as well as Like the rest of the legal texts and the relationship between the user or consumer and the selling party, it will be governed by by Spanish legislation, as well as as well as by Spanish Courts and Tribunals to hear any questions that may arise in relation to the interpretation, application and compliance of these Legal Conditions of Sale or the rest of the legal texts published on this website.

For those cases in which the buyer has the status of consumer, the parties submit, at their option, to the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's or consumer's domicile.

For those cases in which the buyer does not have the status of consumer or has a domicile outside of Spain, the buyer will be subject to the to the Courts and Tribunals of the seller's domicile, expressly waiving any other jurisdiction that may apply to them.