The present general terms and conditions of contract, together with any specific conditions that may be established, will expressly govern the commercial relations between ORANGERIE and the customer who contracts products and/or services offered through this website or app.

Customers are informed that ORANGERIE reserves the right to modify these general terms and conditions of contract at any time, as well as any specific conditions that may be established, respecting in all cases the general conditions in force at the time of the customer’s contract. In any case, after modification, inclusion, and/or substitution, acceptance of these will be required from the customer.

The customer is subject to these general terms and conditions of contract, together with any specific conditions that may be established, in force at each moment in which the corresponding contract is made. Acceptance of these conditions, or where applicable, together with the specific conditions, will be required for the contract of products and/or services. Highlight that the temporal validity of the general conditions and, where applicable, the specific conditions, coincides with the time of their exposure on this website or app, and in all cases, respecting the previous conditions accepted by the customer at the time of the contract. The new general conditions, or where applicable, the specific conditions, will apply from the moment they are available to the customer through this website or app.

These conditions have been prepared in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Conditions of Contract, Royal Legislative Decree 1/2007 approving the revised text of the General Law for the Defense of Consumers and Customers, with its latest modification included in Law 3/2014 of March 27, Law 7/1996 on the Regulation of Retail Trade and any applicable legal provisions.

The customer, by accepting the general conditions, declares to know and accept the procedures outlined here as necessary to proceed with the contract of products and/or services, becoming binding.

In case of contradiction between the general conditions and the specific conditions, the specific conditions will prevail. For the rest of the clauses that do not present any incompatibility, the provisions established in the general terms and conditions of contract will apply.

Website Owner Identification

Juan Manuel Gonzalez Luque Correiduria 5, 41002, Sevilla 28838221Q

Contracting Parties

The electronic contracting process through the website www.orangerieplants.com will be carried out between the customer and ORANGERIE.

The “customer” of this website or app will be considered those consumers who are natural persons, of legal age (over 18 years old, or who have the legal capacity for these purposes), residing in the territory of the European Union and have their fiscal domicile in this territory, or legal persons who prove their status and accept these conditions, and, where applicable, the specific conditions that apply. It is expressly forbidden to contract services and products to minors, users who do not legally reside in the European Union, as well as those users who do not comply with the general or specific conditions or when current legislation does not permit it.

Pre-contractual Information

All customers will be able to view within the website or app, classified by categories and subcategories, all the products offered for purchase. Access to this website or app is free, and prior registration is not necessary to view the products and/or services displayed. By clicking on each of them, the customer will be able to access a complete product sheet where a small description, availability, available discounts, price, specifications, shipping availability, product images, and their essential characteristics will be indicated. Customers are informed that all the data provided in the product descriptions are based on the information provided by their suppliers. Indicate that the color of the product observed in the photograph is not binding. ORANGERIE reserves the right to withdraw, replace, or change the products and services of ORANGERIE without prior notice and at any time.

All prices are shown in euros and include applicable VAT and/or any other applicable tax. These prices will be those in force at all times, except for manifest typographical errors. Transport is not included in the prices shown for the products, with its cost being itemized later at the time of contract completion.

Inform customers that it is possible to purchase products other than plants or bouquets, such as t-shirts, tote bags, and other merchandise products. Photographs, baskets, or chocolates, among others. To purchase these products, it will be necessary to purchase a plant or bouquet beforehand, as these products are not sold independently. The photographs will be personalized. The user is informed that the images provided by them will be stored on ORANGERIE’s servers for the time necessary for the completion of the order. Once the order has been sent, they will be deleted from ORANGERIE’s servers. In the case of food products, the customer is informed that all the information related to the food can be found on the product sheet, as well as the rest of the information related to it, such as, the name of the food, the list of ingredients, ingredients or technological aids causing allergies or food intolerances, quantity or category of ingredients, net quantity, minimum duration date of the product or expiration date, special storage conditions, if appropriate, identification of the operator, country of origin of the product, if applicable, as well as nutritional information. The customer is warned that all the data provided related to food products shown is based on the information provided by their suppliers.

Payments

All prices are shown in euros and include applicable VAT and/or any other applicable tax. These prices will be those in force at all times, except for manifest typographical errors. Transport is not included in the prices shown for the products, with its cost itemised later at the time of contract completion.

Payment can be made via bank card, Google Pay, or Amazon Pay. The customer can choose the payment method once they provide the billing information and, where applicable, the shipping information.

Payments will be subject to the following conditions:

Payment via bank card will be made through a payment gateway managed by a bank with a secure server certified according to the SSL protocol. The bank details entered are encrypted and securely transmitted to the bank’s services and are subsequently verified with the issuing bank to prevent possible fraud and abuse. ORANGERIE does not have access to the bank details or the bank card used by the customer for the contract.

All payment methods provided by ORANGERIE are subject to checks and authorisations by the entities issuing the payment method. If the payment entities do not authorise the payment, the contract process cannot continue, and the order will be cancelled, meaning the product and/or service contract will not be completed. It is noted that the final contract price charge, including, where applicable, shipping costs and any applicable tax, will be made at the time the contract is formalised.

ORANGERIE will send the customer, within a maximum period of 24 hours from the time the payment is effectively made by the customer, an email indicating a summary of the contract. This email will be considered a “contract receipt.” If you have not received the contract receipt email after this period, please contact tienda@orangerieplants.com

When the contract amount has been fraudulently or improperly charged using the bank card number, the customer is entitled to demand the immediate cancellation of the charge. However, if the contract was effectively made by the customer cardholder and the demand for a refund is not a result of exercising the right of withdrawal or termination, the customer will be liable to the company for compensation for the damages caused as a result of such cancellation.

Billing

The customer, by accepting this legal text, agrees to receive invoices resulting from the appropriate contract in electronic format.

Cancellations or Modifications

ORANGERIE informs you that it is not possible to make modifications to the order placed within the forty-eight (48) hours prior to its delivery. Additionally, during high-volume periods, orders cannot be modified or cancelled. Specifically, these periods are the weeks before and including: Valentine’s Day, Mother’s Day, and Christmas.

Delivery Methods and Timeframe

The customer will have the option of home delivery, provided it is available and subject to stock availability. Home deliveries will be made within Spain (mainland).

Delivery Policy on Specific Dates

ORANGERIE will not assume any responsibility for delays in the delivery of orders when such delay is exclusively the fault of the customer or the authorised person.

Furthermore, it should be noted that the contracted delivery times may be affected by local, regional, or national holidays. We only take into account national and local/regional holidays at the origin at the time of delivery.

The customer assumes the risks of deterioration, damage, loss, and loss of the products from the order from the moment of delivery according to the procedure regulated in these Terms and Conditions. The customer will be responsible for the storage and conservation of the products under the conditions, if any, established on their labels.

Late Delivery

ORANGERIE will not assume any responsibility for delays in delivery if the order has not arrived due to reasons beyond our control, such as the recipient not being at home at the time of delivery, not having a complete and correct shipping address, or any other external reasons such as local holidays, street closures, or strikes.

Incorrect or Incomplete Delivery Information and Recipient Absence

ORANGERIE emphasises the customer’s responsibility to provide a complete and correct delivery address.

ORANGERIE does not assume any responsibility when the delivery of the order cannot be made due to the delivery information provided by the customer being false, inaccurate, or incomplete, or when delivery cannot be made due to causes beyond the control of the delivery company assigned for this purpose, such as the recipient’s absence after two delivery attempts.

Conditioned Delivery Locations

Please note that some public buildings such as hospitals, courthouses, schools, and the like, as well as companies and commercial places, do not allow delivery in certain areas. You should first contact the centre and ensure how they handle these types of deliveries.

ORANGERIE does not assume any responsibility when delivery is not possible if we are not aware of the order reception conditions of the place where we are sending them. In the case of not being able to deliver your order for any of these reasons, it would not be possible to request a refund or the dispatch of a new product.

Deliveries Rejected by the Recipient

ORANGERIE does not assume any responsibility when delivery is not possible if for some reason the recipient does not accept the delivery. We would not be able to process the refund of the order or the dispatch of a new product.

Quality Policy

At ORANGERIE, we strive for the authenticity and naturalness of our products, so we prepare our orders by hand and select only the freshest and highest quality flowers and plants.

Although we always do our best to ensure your bouquet or plant resembles the original product photograph as closely as possible, you may notice some variations. Nevertheless, we guarantee that all our products adhere to the same concept and meet the quality you expect from us. We assure you that they will always be of a similar quality to what you see on our website.

The photographs on our website show the average size of the bouquets and plants, and their composition, shape, and colour may vary slightly. If you receive a product somewhat different from the original photograph, but which meets the necessary quality standards, we will not be able to process a refund or send a new product.

Product Replacement Policy

The availability of the products offered may vary depending on customer demand. Despite periodic stock updates, the product requested by the customer may be out of stock at that time. In case of non-performance due to unavailability, ORANGERIE will notify the customer.

ORANGERIE may provide the option to: (a) supply the customer, at no additional cost, a product with similar characteristics or of higher quality; (b) compensate the sums paid for the cancelled order.

Subscription

Customers are informed that ORANGERIE offers a subscription service through which they can contract periodic shipments of the products and/or services offered on this website. The duration of the subscription service is subject to the customer’s request to cancel the service, without prejudice to the right of withdrawal, where applicable.

Incident Management

The customer has 24 hours from the confirmed receipt date of the order to file a claim and must do so through their customer profile or send their request to the email address tienda@orangerieplants.com.

Compensations

If you believe your order does not meet the quality standards, please send us a photograph of the product within 24 hours from the time of receipt so we can investigate what happened. We will review your case and respond as soon as possible. To do this, we will need you to send the photograph through the previously mentioned channels within this period. Otherwise, we will not be able to assist you or process your claim.

Right of Withdrawal

Pursuant to Article 102 of the Consolidated Text of the General Law for the Defence of Consumers and Customers, the customer will have a period of up to fourteen (14) calendar days from the receipt of the product to exercise their right of withdrawal without giving any reason.

According to Article 103 of Law 3/2014 of 27 March, which amends the Consolidated Text of the General Law for the Defence of Consumers and Users, supplies of goods made according to consumer specifications or clearly personalised, or which by their nature cannot be returned or may deteriorate or expire quickly, are exempt from withdrawal.

For this reason, personalised flower bouquets and plants will not be returnable once contracted. Only non-living products from the store, such as merchandising, will be returnable within a period of 14 days from the purchase date. To do this, please contact tienda@orangerieplants.com explaining the reason for the return.

In case of withdrawal, all payments received will be refunded to the customer. The shipping costs for executing the return will be borne by the customer. Returned products must be in normal condition (with their original packaging and unused). A copy of the invoice must be attached. Before returning the product, the customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.

If the reason for the return is that the product is defective or does not correspond to what was ordered, ORANGERIE will bear the costs of return and the new shipment. If the reason is that the order does not satisfy the customer, we will refund the amount but not the return shipping costs. Additional delivery costs will not be refunded if the customer has expressly selected a different delivery method to the least expensive ordinary delivery method.

The refund will be made without undue delay and, in any case, no later than fourteen (14) calendar days from the date on which the decision to withdraw from the contract was effectively and unequivocally communicated and provided the products and/or services subject to withdrawal have been previously received. Otherwise, the disbursement may be withheld until the products and/or services subject to withdrawal are received or until the customer proves their return.

The refund will be made using the same payment method used for the purchase.

Note that the following are excluded from the right of withdrawal:

Based on Article 103.c) of Royal Legislative Decree 1/2007 of 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal cannot be exercised on goods made to the consumer’s specifications or clearly personalised. Similarly, based on sections d) and e) of Article 103 of the same legal text, the right of withdrawal will not apply when the supply of goods may deteriorate or expire quickly, and those sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.

The right of withdrawal is also excluded for any other product, good and/or service covered by Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws.

Information on Online Dispute Resolution/Consumer Arbitration Pursuant to Regulation (EU) 524/2013, applicable throughout the European Union, the European Commission provides an online dispute resolution platform, which ORANGERIE makes available to the customers of this website or app at the following link: http://ec.europa.eu/consumers/odr

Through this link, customers of the Website can access the European Online Dispute Resolution (ODR) Platform. If the customer has had an issue with a contract or the provision of an online service, they can use this means to file any complaint related to such purchase or service, as well as opt for an out-of-court settlement of the conflict.

Customer Obligations

The customer undertakes: (a) to pay punctually for the contracted service or services, (b) to make proper use of the ORANGERIE Website and respect applicable laws – including, but not limited to, intellectual and industrial property rights – and the legal texts applicable on the ORANGERIE Website and, by extension, not to infringe the rights of third parties or engage in any unlawful activity, (c) not to participate in any activity that hinders or interferes with the operation of the Service, including the operation of servers and networks connected to the service.

The customer accepts being solely responsible, without ORANGERIE assuming any responsibility towards the customer or third parties, for any breach of their obligations set out in the legal texts of this website, as well as the consequences of such breach, including any losses or damages that we may incur.

Data Protection

The customer is informed that the personal data requested to carry out the contracting of products and/or services on this website or app will be processed to manage the present contractual relationship, the provision of timely services, and their accounting, fiscal or administrative management.

It is also informed that, pursuant to Article 21(2) of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, in relation to Article 6(1)(b) of the European Union Data Protection Regulation, their data will be processed to manage the sending of commercial, promotional, or advertising communications of our services and products, including in the Newsletter.

Personal data will be kept until they are no longer necessary or relevant for the purpose for which they were collected or recorded in our files. Subsequently, personal data meeting this condition will be deleted unless there is a legal regulation that allows their retention. It should be noted that personal data will be deleted when the right to delete them is exercised unless there is a legal regulation that allows their retention.

Similarly, it is informed that the data that ORANGERIE may have collected and included in its files will be communicated to ORANGERIE’s associated companies performing data processing functions for the same purposes for which they were collected. Additionally, the necessary personal data will be made available to the transport and logistics company responsible for delivering the contracted product and/or service if the home delivery option has been selected.

It is informed that the legal basis for processing your personal data is the contractual relationship. It is informed that the legal basis for processing personal data to send commercial communications is legitimate interest. The personal data contained in this document will also be processed to comply with relevant legal obligations.

At any time, you can exercise your rights of access, rectification, deletion, portability, limitation, or opposition to their processing by sending a request to the email address dp@orangerieplants.com, indicating “DATA PROTECTION” in the subject line.

It is also informed that a complaint can be submitted to the Spanish Data Protection Agency if you consider that the rights mentioned above in this privacy policy are being violated or if you believe that the processing of personal data concerning you infringes Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 and the Organic Law on the Protection of Personal Data.

The customer declares that the personal data provided are true, being fully responsible for the possible consequences that may arise. The customer must inform ORANGERIE of any updates or modifications to the personal data provided. Otherwise, ORANGERIE cannot be held responsible for their accuracy or for the execution of the services provided by it.

For more information about our privacy policy, please refer to the section provided for this purpose on this website or app.

Integrity and Safeguard of these General Terms and Conditions of Contract

Each of the provisions of these general terms and conditions of contract, or where applicable, the specific conditions, will be interpreted separately and independently of the others. If any of the clauses are found to be invalid or unenforceable under any legal rule or declared null by any court, tribunal, legal rule, or administrative authority, such invalidity will only affect that clause and not the entirety and existence of these conditions, with the remaining provisions retaining full validity.

Applicable Law and Jurisdiction

These general conditions, and where applicable, the specific conditions, will be governed and interpreted in accordance with current Spanish legislation.

The parties expressly submit, for any issues or divergences that may arise concerning the interpretation, compliance, and execution of this contract, to the jurisdiction and competence of the courts and tribunals corresponding to the customer’s domicile or those of the place of fulfilment of the contractual obligation.

If you are contracting as a consumer, nothing in this clause will affect the rights granted to you by current legislation.

In the case of a contract made by a company acting within its business or commercial activity, both parties expressly submit, waiving any other jurisdiction, to the courts and tribunals of Barcelona (Spain).