Terms of use and sale

 

Llaurat is a family project of cultivation, collection and shipment products based on sustainable agriculture techniques. The next content we have written deals with legal aspects, so the most it is advisable that this contract be written in the most formal and dealing with “you”.

1. INTRODUCTION
These General Contract Conditions (together with all the
aforementioned documents) establish the conditions governing the use of this website (www.llaurat.com) and the purchase of products in the itself (hereinafter, the “Conditions”). We kindly ask you to read the these Conditions, as well as our Legal Notice and Privacy Policy(collectively, the “Data Protection Policies”) before using this Web page. By using this website or placing an order through the You yourself consent to be bound by these Conditions and by our Data Protection Policies, so if you are not in accordance with all the Conditions and with the Protection Policies of Data, you should not use this web page. If you have any questions related to the Conditions or the Policies of Data Protection you can contact us through our contact channels.The Llaurat team has made free translations of this contract to others languages ​​to facilitate understanding but the only valid legal version is the written in the Spanish language.

2. OUR DATA
The sale of items through this website is carried out under the denomination LLAURAT by LLAURAT, a Spanish company domiciled at effects of notifications in the post office box C / Canals, 11, 46800 Xàtiva, (Valencian Community) with NIF 20451211W with telephone +34 621 06 45 19 and email hello (at) llaurat.com.

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or personal data you provide about yourself will be processed in accordance with the provisions of the Data Protection Policies. By doing By using this website, you consent to the processing of said information
and data and declares that all the information or data you provide us are true and they correspond to reality.

4. USE OF OUR WEBSITE
By using this website and placing orders through it you agree to:

 

i. Make use of this website only to make legally valid inquiries or orders.

 

ii. Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.

 

iii. Provide us with your email address, postal address and / or other contact details truthfully and accurately. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to process your order.

 

By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

 

5. AVAILABILITY OF THE SERVICE
The articles offered through this website are only available for shipment to certain countries that you may choose during the purchase process.

 

6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and pay for the items you have selected. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”).

 

7. TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section.

 

In any case, you can correct errors related to the personal data provided during the purchase process by contacting us through the email info@llaurat.com, as well as exercising the right of rectification contemplated in our Privacy Policy through the same e -contact email.

 

This website shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections has not been provided correctly. Likewise, this web page offers the details of all the articles that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.

 

If you detect an error in your order after the completion of the payment process, you should immediately contact us, on the phone +34 621 06 45 19 or at the aforementioned email address, to correct the error.

 

8. AVAILABILITY OF THE PRODUCTS
All orders are subject to the availability of the products. If there are difficulties in the collection, supply of products or if the harvest is completed in advance of the preparation of your order, we will reimburse you any amount that you may have paid.

 

Llaurat grows products that vary according to the year and season, the updated offer of which can be consulted on the Llaurat website and which may be modified at any time and without prior notice.

 

9. DELIVERY
Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product / s listed in each Shipment Confirmation within the period indicated on the website. The approximate delivery date of the products is chosen by you in the calendar that for this purpose is offered on the website when making the purchase.

 

If weather conditions allow it, we will try to collect or harvest the fresh products you have chosen during the purchase process (especially fruit and vegetables) on the same day as the date established as the shipping date.

 

For the purposes of these Conditions, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the moment in which you or a third party indicated by you acquire material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.

 

Transit times vary depending on the country and location you choose as your delivery address. As a guide, we indicate the transit times for the following countries:

 

+ From 1 to 2 days of transit for Spain and Portugal.

 

+ From 2 to 4 days of transit to: Germany, Austria, Belgium, France, Holland, Luxembourg, Monaco and Switzerland.

 

+ From 3 to 6 transit days to: Denmark, Estonia, Finland, Hungary, Ireland, Italy, Latvia, Lithuania, Norway, Poland, Sweden and the UK.

 

The above times may vary due to causes beyond our control (rain, “dew”, wind or weather conditions that prevent collecting the products in good condition, carrier problems, etc.), which may lead to a relevant delay that in no case It will be a cause of penalty or generate any contractual or extra-contractual civil liability.

 

We may also cancel orders issued by you, if there are reasons and conditions that objectively prevent their preparation and delivery within a reasonable period of time. This supervening impossibility will be notified to you by e-mail. In this case, you will have the right to have your order prepared and shipped later without any additional cost.

 

We will use the logistics provider that is most convenient for the shipment of your order. The logistics providers used are integrated into our system and adapted to our fruit and vegetable harvesting and order preparation schedules. For this reason we cannot accept other suppliers contracted by you even if they are from the same transport company. We may also change logistics providers at any time and without prior notice.

 

At the time of delivery, you or the person who receives the order at the address indicated during the order, should not sign the proof of delivery (“Proof of Delivery” or “POD”) without first checking that the boxes, pallets or packages are closed and unopened, as well as that no box is missing from the order. In the event that boxes or pallets are missing, or one is open, you must notify the carrier in detail of your disagreement and keep a copy of the receipt stating this fact, immediately proceeding to notify us of the incident at the email address info @ llaurat.com, providing a photograph of the proof of disagreement and another of the order. Said merchandise will not be opened or consumed pending receipt of a written notification from Llaurat indicating the way to proceed.

 

If you accept the merchandise without stating your disagreement on the delivery receipt (proof of delivery), we will not be able to accept your claim.

 

If you receive an order without manifest defects, but the products of the same are for any reason unusable for consumption, that is, they have hidden defects, you will notify us of the incident as soon as possible and always within a period of less than 14 days from receipt of the order at the email address info@llaurat.com providing photographs of the product and explaining the reason for your claim.

 

10. IMPOSSIBILITY OF DELIVERY
If it is impossible for us to deliver your order, we will try to find a safe place to drop it off. If we cannot find a safe place, your order will be returned to a warehouse of the transport company.

 

If you are not going to be at the place of delivery at the agreed time, we ask you to contact the transport company to arrange delivery on another day. In the event that 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a result of the termination of the contract, we will refund the amount of the products discounting the logistics costs of the delivery.

 

Please bear in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.

 

11. TRANSFER OF RISK AND OWNERSHIP
The risks of the products will be at your expense from the moment of delivery.

 

You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including logistics costs, or at the time of delivery (as defined in clause 9 above), if it took place at a later time.

 

12. PRICE AND PAYMENT
All the prices shown on this website include the legally applicable taxes (VAT). The prices of the boxes of oranges and mandarins shown are final prices that include transport costs. Depending on the country of delivery, we reserve the right to decide on a minimum order to accept the order and send it at an ecologically and economically profitable transport cost.

 

Prices may change at any time, but (except as established above) possible changes will not affect orders for which we have already sent you an Order Confirmation.

 

If you have purchased an adoption product, the logistics costs that you will pay on this website for the collection, packing and shipment of fruit or vegetables will be renewed annually based on the costs of transport, collection and packaging material.

 

Once you have selected all the items you want to buy, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information that is requested in each step. Likewise, during the purchase process, before making the payment, you can modify the information of your order.

 

The price of the products will be charged the instant you click pay. To collect it, it will ask you to provide a payment method, be it a credit card, direct debit or Paypal (in some cases). During the payment process you can link the chosen payment method to your account and thus facilitate future payments.

 

By clicking “Pay” you are confirming that the indicated credit card or bank account is yours or that you are the rightful owner of it.

 

To minimize the risk of unauthorized access, your credit card and IBAN details will be encrypted. Credit cards and bank accounts will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any contract with you.

 

13. BILLING
By default we will understand that you are a natural person. At the time of purchase, we will issue a simplified invoice with the corresponding VAT for each product. In the event that you are placing the order on behalf of a company or legal entity, once the order has been placed, you can request a modification of the invoice by writing an e-mail to hola@llaurat.com providing the following information:

 

+ Company name

 

+ Tax Identification Number (NIF)

 

+ Billing address: address, postal code, town, municipality, country

 

You expressly authorize us to issue the invoice electronically, although you can indicate at any time your desire to receive a paper invoice, in which case, we will issue and forward the invoice in that format.

 

14. RETURN POLICY

14.1. Legal right to withdraw from the purchase

 

Right of withdrawal

 

In accordance with the provisions of article 102 and following of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, in In the event that the order includes perishable fruits, you will not be able to request the withdrawal of the sales contract or the refund of the amounts paid.

 

If it is an order of non-perishable fruits, you will have fourteen (14) calendar days from receipt of the shipment to request the withdrawal of this contract and the refund of the amount paid for the products not consumed.

 

To exercise the right of withdrawal, you must notify LLAURAT of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email):

 

+ Postal address for sending notifications: LLAURAT, Apartado de Correos C / Canals Número 11, 46800 Xàtiva, Valencian Community, Spain.

 

+ Email address for sending notifications: hola@llaurat.com

 

To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.

 

Until the reception of the product in our orchard of Bétera (in Valencia) we will not be able to assume the ownership of the returned product. We reserve the right, at our discretion, to refund the amount of the product without requiring its return. In this case, ownership of the product whose price has been refunded will not pass to Llaurat.

 

Consequences of withdrawal

 

The withdrawal will entail the return of the price of non-perishable products that have been returned in due time and form. We will proceed to make said refund using the same means of payment used by you for the purchase.

 

In the case of mixed orders, that is, orders that contain perishable and non-perishable products, the clause for the withdrawal of each type of product will be applied in the proportion that the order has of each product.

 

You must return or deliver the products directly to us at Llaurat, Apartado de Correos C / Canals Number 11, 46800 Xàtiva, Valencian Community, (Spain), or request the return through a courier / messenger on our website, without undue delay and , in any case, within a maximum period of 14 calendar days from the date you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired.

 

14.2. Exceptions to the right of withdrawal

 

Due to the use of natural cultivation techniques for production, Llaurat agricultural and horticultural products can vary substantially in their organoleptic qualities, mainly in their appearance, color, smell and taste. These qualities may not be the reason for any return. If you want to know the level of acidity or maturation at that time, you can consult it on the web or write us an e-mail with your query to hola@llaurat.com.

 

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

 

+ Personalized products: personalized jars with a name chosen by you unless the product was damaged or defective upon receipt.

 

+ Products that do not allow their return due to hygienic or health protection reasons if they have been unsealed by you after delivery (for example oil), or that were, after delivery, inseparably mixed with other products;

 

+ Products that can deteriorate or expire quickly (for example food or perishable products or subject to an expiration date of less than one year).

 

+ Adoption products, because they are of a special nature, will be governed by the Adoption contract, of which you will receive a copy in the confirmation of the tree order.

 

14.3. Our voluntary return guarantee

 

In addition to the legally recognized right of withdrawal for consumers and users and mentioned in clause 14.1 above, if you consider that part of the perishable products received are not in suitable condition for consumption, you must notify us in writing (via email hello @ llaurat.com) within the first 48 hours of receiving the box, providing photographs of the food in poor condition inside the original box. Our team will contact you to understand what has been the cause that they are not in optimal consumption conditions and they may propose one of these two proposals:

 

+ If you are not a user of an Adoption product: when you have placed a next order, you can notify us so that we can send you the quantity that was not in a suitable condition for consumption.

 

+ If you are a user of an Adoption product: we will add the unusable amount to your virtual garden within your private area of ​​the website.

 

Returns via courier / courier.

 

You must contact us through our section for return requests so that we can organize the collection at your home. You must deliver the merchandise in the same package that you received it, following the instructions that you will find in the “RETURNS” section on this website.

 

In case you do not want to return the products through one of the free options available, you will be responsible for the return costs. Please bear in mind that if you decide to return the items to us, postage due, we will be authorized to charge you for the expenses we may incur.

 

In any case, the rights recognized by current legislation remain safe.

 

15. VISITS TO OUR GARDEN
Our garden is not an establishment open to the public. If you have an Adoption tree assigned in our garden, you can come and visit it by making an appointment through the following contact form on our website, notifying the exact number of visitors. We will not be able to attend any visit that has not been previously requested and we will not be able to attend the visits that have not been confirmed in writing by a member of our team. The visit will take place under the supervision and in the company of Llaurat staff. For reasons of road safety it is not allowed to walk to our garden.

 

It is not allowed to show up at the farm to visit it without an appointment. For security reasons, entry will be refused to people who appear at the farm without said appointment.

 

Llaurat reserves the right not to authorize Clients or third parties to enter the farm – canceling an appointment if it has been agreed – if its personnel consider the entry inappropriate for any reason, without the need to provide any justification for said decision, which however, it would be notified as far in advance as possible.
16. RESPONSIBILITY AND DISCLAIMER OF LIABILITY
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product. However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:

 

i. loss of income or sales;

 

ii. loss of business;

 

iii. loss of profits or loss of contracts;

 

iv. loss of anticipated savings;

 

v. data loss; Y

 

saw. loss of management time or office hours.

 

Due to the open nature of this web page and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this web page unless it is established expressly otherwise in it.

 

17. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, registered trademarks (“Llaurat”) and other industrial and intellectual property rights over the materials or content that are provided as part of the website correspond to us at all times. You may use such material only in the way that we expressly authorize it in writing. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.

 

18. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not try to have unauthorized access to this web page, to the server where said page is hosted or to any server, computer or database related to our web page. You agree not to attack this website through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in the event of non-compliance with this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.

 

19. LINKS FROM OUR WEB PAGE
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
20. WRITTEN COMMUNICATIONS
Applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of such communications with us will be electronic. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

 

21. NOTIFICATIONS
The notifications that you send us should be sent through our email address hola@llaurat.com. In accordance with the provisions of clause 19 above and unless otherwise stated, we may send you communications either by e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered by post or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

 

22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding both for you and for us, as well as for our respective successors, assignees and successors in title. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.

 

23. EVENTS BEYOND OUR CONTROL
We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control (“Force Majeure”). The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:

 

to. Strikes, lockouts or other industrial action.

 

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

 

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

 

d. Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.

 

and. Inability to use public or private telecommunication systems.

 

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

 

g. Computer hacking of any kind.

 

It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

 

24. WAIVER
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations. No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions in the Notifications section above.

 

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

 

26. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in them constitute the entire agreement between you and us in relation to the purpose of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written. You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before it, except for what is expressly mentioned. in these Conditions. Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.

 

27. OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of the substantial changes made to them. The modifications introduced will not be retroactive and, except for possible exceptions depending on the specific case, will be applicable after 30 days from the date of their publication in the corresponding notice. If you do not agree with the modifications made, we recommend that you do not use our website.

 

28. MINORITY OF AGE
Minors under 18 years of age, and in general any person who does not enjoy full legal capacity, must request and obtain the express authorization of the person exercising their parental authority, guardianship or curatorship, among other parents, guardians, curators or legal representatives, for the purchase of Llaurat products.

 

In the event of contracting without authorization from the legal representatives, the sufficient capacity of the incapable or minor will be presumed to purchase Llaurat products, in accordance with social practices and jurisprudence to that effect, as well as the type of product purchased – edible foods, which are characterized by their low value–, such contracting being governed by these clauses.

 

In the event that the cancellation of the contract is requested, and a withdrawal without costs for either party is not possible, or if any type of liability or civil consequence arises from the contracting, the burden of proof of the lack capacity will fall on the legal representatives of the contracting parties or on those people who base their requests on the premise of an alleged lack of capacity.

 

29. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the courts and tribunals of Madrid. If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.

 

30. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcomed. We kindly ask you to send us such comments and suggestions, as well as any query, complaint or claim, through our contact channels or the postal or email address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them by calling +34 621 06 45 19 or through our contact channels. Your complaints and claims before our customer service will be dealt with in the shortest possible time and, in any case, within the legally established period. If you, as a consumer, consider that your rights have been violated, you can direct your complaints to us via the email address hola@llaurat.com in order to request an out-of-court dispute resolution. In this sense, if the acquisition between you and us has been held online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution with us in terms of consumption accessible through the Internet address

http://ec.europa.eu/consumers/odr/.

 

31. AFFILIATE PROGRAM
Our affiliate program offers the client the possibility of using a personal link to recommend the adoption of an orange tree to friends and family. The moment that friend or relative completes the adoption through an affiliate link, the client will receive a 10% discount for the cost of adopting a new orange tree, and the friend or relative will receive a balance of 15% in their account. of affiliate, valid to spend in our store or to request the payment of the same. The collection of the balance by the affiliate can only be claimed by an annual payment by bank transfer. We reserve the right to cancel an affiliate account at any time with a zero balance, as well as to change the conditions or cancel the program.

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