{"id":3445,"date":"2024-09-11T12:42:23","date_gmt":"2024-09-11T10:42:23","guid":{"rendered":"https:\/\/floresdenerja.es\/terms-and-conditions\/"},"modified":"2024-10-22T17:30:05","modified_gmt":"2024-10-22T15:30:05","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/floresdenerja.es\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"3445\" class=\"elementor elementor-3445 elementor-2940\" data-elementor-post-type=\"page\">\n\t\t\t\t<div class=\"elementor-element elementor-element-758cae6 e-flex e-con-boxed kitify-col-width-auto-no ignore-docs-style-no kitify-disable-relative-no e-root-container elementor-top-section e-con e-parent\" data-id=\"758cae6\" data-element_type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-b7983ba elementor-widget elementor-widget-text-editor\" data-id=\"b7983ba\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<p>\u00a0<\/p><p><strong>TERMS AND CONDITIONS<\/strong><\/p><p>\u00a0<\/p><p>OWNER OF THE WEBSITE<\/p><p>In compliance with the provisions of Law 34\/2002 of 11 July, on Information Society Services, and Regulation (EU) 2016\/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95\/46\/EC (General Data Protection Regulation, RGPD or GDPR) we inform you that this Legal Notice and Terms of Use (hereinafter, &#8220;Legal Notice&#8221;) regulate the access and use of this Internet portal (hereinafter, &#8220;Website&#8221;) owned by the entity:<\/p><p>&#8211; Proprietor: IOANA ADRIANA HELMESEANU, hereinafter referred to as FLORES DE NERJA, as trade name.<\/p><p>&#8211; Registered office: Calle de la Gloria 5. 29780. Nerja. M\u00e1laga. Spain.<\/p><p>&#8211; TAX IDENTIFICATION NUMBER: Y5394189-J<\/p><p>&#8211; E-mail: <a href=\"mailto:info@floresdenerja.es\">info@floresdenerja.es<\/a><\/p><p>The owner is also responsible for the processing of all data collected from data subjects for the exercise of its business functions.<\/p><p>The expression &#8220;web site or web site&#8221; includes, but is not limited to, the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs and others included therein, and, in general, all creations expressed by any means or support, tangible or intangible, regardless of whether or not they are susceptible to intellectual property in accordance with the Revised Text of the Intellectual Property Law.<\/p><p>Access to the site implies that the visiting user acquires a series of rights and obligations, in order to ensure the proper enjoyment of the general services, particulars and contents that are in it and that FLORES DE NERJA makes available to the user.<\/p><p>\u00a0<\/p><p>ACCEPTANCE<\/p><p>Navigation, as well as simple access to the Website and \/ or the mere use of the services offered through this attributed the status of user of the website (hereinafter &#8220;User&#8221;) and imply full and unreserved acceptance of the conditions included in this Legal Notice, in the version published by FLORES DE NERJA at the very moment the User accesses the Website.<\/p><p>FLORES DE NERJA, reserves the right to modify unilaterally, at any time and without prior notice, the clauses of this Legal Notice, as well as the configuration and, in general, any other content or service of its Web Site.<br \/>The use of the services and\/or the simple access to the Web Site, will imply the acceptance of any modification introduced.<\/p><p>Therefore, FLORES DE NERJA recommends periodically consult this document and its subsequent amendments.<br \/>Also, the use of the Web Site is subject to our Privacy Policy and our Cookies Policy made known to the user through our Web Site and complete this Legal Notice.<\/p><p>\u00a0<\/p><p>PRODUCT CHARACTERISTICS<\/p><p>The items available in our online store include an image and the fundamental specifications. The color of the product, which can be seen in the image, is not contractual. We will make every effort to ensure that the product you purchase is as close as possible to the one you receive. However, please note that the type of flower and colors may vary depending on availability on the day of delivery.<\/p><p>\u00a0<\/p><p>WARRANTIES<\/p><p>All products offered on the website enjoy the commercial guarantee of the supplier of the same. FLORES DE NERJA has an after-sales service, while the warranty is in force, the customer may execute it by contacting the establishment of FLORES DE NERJA, the after-sales service, by email to <a href=\"mailto:info@floresdenerja.es\">info@floresdenerja.es<\/a> or in the store itself. In case of doubt you can contact the customer service phone or email <a href=\"mailto:info@floresdenerja.es\">info@floresdenerja.es<\/a><\/p><p>\u00a0<\/p><p>PRICES<\/p><p>All products indicate the selling price in Euros and include Value Added Tax (VAT). If any other tax is applicable, this will be indicated.<\/p><p>\u00a0<\/p><p>SHIPPING COSTS<\/p><p>Shipping costs are not included in the price of the products, but are added during the purchase and are detailed in the summary of the purchase.<\/p><p>Shipping cost 6\u20ac for orders with a price lower than 50\u20ac. There will be no shipping cost for orders above that amount.<\/p><p>Orders can also be picked up free of charge at our store Calle de la Gloria 5. 29780. Nerja. M\u00e1laga. Spain.<\/p><p>\u00a0<\/p><p>DELIVERY OF THE ORDER<\/p><p>Once the Shipping Confirmation has been sent, the Product will be delivered to the address indicated by the user when placing the Order within approximately one to two (1-2) working days from the time they leave FLORES DE NERJA, and the delivery area will be limited to the postal codes of Nerja, Frigiliana, Torrox and Maro.<\/p><p>FLORES DE NERJA assumes no responsibility when the delivery of the Product does not take place as a result of the data provided by the User are false, inaccurate or incomplete or when the delivery can not be made for reasons beyond its control, such as the absence of the User.<\/p><p>Delivery times are approximate, although FLORES DE NERJA tries to meet them.<\/p><p>&#8220;FLORES DE NERJA&#8221; undertakes to deliver the order within a maximum period of 48 hours, counted from the day after the order is placed.<\/p><p>The availability of products offered by FLORES DE NERJA may change according to customer demand. Although FLORES DE NERJA regularly updates its inventory, it is possible that the product requested by the customer is out of stock at that time. In the event that the order cannot be executed due to unavailability, FLORES DE NERJA will notify the customer as soon as it becomes aware of this situation, via email. The period of this communication will not exceed, in any case, the maximum period of 5 days. FLORES DE NERJA may offer the customer two options: to supply a product of similar characteristics or higher quality without increasing the price, or, in justified and demonstrable cases at the discretion of FLORES DE NERJA within this same period, refund the sums paid for the canceled order.<\/p><p>\u00a0<\/p><p>MODE OF DELIVERY DEADLINES<\/p><p>We also have the option of <strong>delivery of the order on the day indicated by the customer<\/strong>: you must choose the day at the time of ordering. To do so, you can indicate it in the purchase notes, always bearing in mind that our minimum delivery times are 24\/48 hours from the time of your order.<\/p><p>In no case can we guarantee the exact time of delivery, as this depends on the available schedules of our florists.<\/p><p>\u00a0<\/p><p>METHODS OF PAYMENT AND EXECUTION OF THE ORDER<\/p><p>The customer will be able to pay the amount of his order by choosing any of the following ways. During the purchase process you must indicate your choice:<\/p><p>Credit or debit card<\/p><ul><li><p>All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology. All information you transmit to us travels encrypted over the network.<\/p><\/li><li><p>Also the data on your credit card are entered directly into Redsys (payment gateway) and are not entered or recorded on any server FLORES DE NERJA.<\/p><\/li><li><p>When paying by VISA or MASTERCARD you will always be asked for the following information: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction. This form of payment is valid only on the web.<\/p><\/li><li><p>When the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the cardholder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and recredit entries in the accounts of the supplier and the cardholder shall be made as soon as possible.<\/p><\/li><li><p>However, if the purchase had actually been made by the cardholder and the demand for refund was not the result of having exercised the right of withdrawal or termination and, therefore, had improperly demanded the cancellation of the corresponding charge, it will be liable to FLORES DE NERJA to compensate for damages caused as a result of such cancellation.<\/p><\/li><\/ul><p>\u00a0<\/p><p>RIGHT OF WITHDRAWAL, REFUNDS AND COMPLAINTS<\/p><p>&#8220;Pursuant to Article 103 of Law 3\/2014 of March 27, amending the revised text of the General Law for the Defense of Consumers and Users, supplies of services or goods made to the consumer&#8217;s specifications or clearly personalized, or those which, by their nature, cannot be returned or may deteriorate or expire rapidly, are exempt from withdrawal.<\/p><p>If you have experienced any inconvenience with your order, we would like to be the first to know. Although this rarely happens, if this is the case, contact us and FLORES DE NERJA undertakes to replace the product with a new one, according to the conditions accepted at the time of sale. If the customer wishes to file a claim, he\/she can do so by emailing <a>info@floresdenerja.es<\/a>.<\/p><p>In some shipments, some flowers of the order may not be available due to quality or availability problems. In these situations, FLORES DE NERJA reserves the right to substitute this flower with one of equal or greater value. Unfortunately, we are unable to issue refunds in these cases, and we appreciate your understanding.&#8221;<\/p><p>\u00a0<\/p><p>USE OF THE WEBSITE<\/p><p>The User is aware and voluntarily and expressly accepts that the use of the Website is in any case under his sole and exclusive responsibility.<\/p><p>The User agrees to use our Web Site and its services and contents without contravening current legislation, good faith, and in accordance with generally accepted uses and public order.<\/p><p>In the use of our Web Site, by way of example, but not limited to, it is prohibited:<\/p><p>&#8211; Unauthorized access to any section of our Web Site, other systems or networks connected to the Web Site, any FLORES DE NERJA server by hacking or forgery, password mining or any other illegitimate means.<\/p><p>&#8211; Engage in any conduct that may damage, interrupt or cause any malfunction of our Website or the equipment of a third party, in particular causing unnecessary saturation in the infrastructure of our Website as well as in the systems and networks connected to our Website.<\/p><p>&#8211; Transmit, install or publish any harmful programs, viruses or files.<\/p><p>&#8211; Collect, disseminate or make available to third parties, personal data of other users.<\/p><p>&#8211; Reproduce, distribute or manipulate the contents of our Web Site without the express authorization of the owner.<\/p><p>\u00a0<\/p><p>INTELLECTUAL PROPERTY<\/p><p>All industrial and intellectual property rights, as well as all the information contained in the Web Site (images, trademarks, graphic designs, source code, design, navigation structure, databases, and any other content that appears therein) are the exclusive property of FLORES DE NERJA or, where appropriate, are duly licensed by the owner.<\/p><p>The denominations of other products, services and companies that appear in this document or in this Web Site can be brands or other distinctive signs registered by their respective and legitimate owners, without it can be understood that the access or use to the Web Site attributes to the User any right on the mentioned brands and the other registered distinctive signs.<\/p><p>The User is only authorized to view and obtain a temporary private copy of the contents for his\/her exclusive personal and private use in his\/her computer systems (software and hardware) and not be subsequently transferred to third parties.<\/p><p>With the above exceptions, are expressly forbidden to the User the reproduction, processing, distribution, public communication, making available, extraction, reuse, resending or use of any nature, by any means or process, any of them, except in cases where it is legally permitted or authorized expressly and in writing by FLORES DE NERJA and \/ or the owner of the corresponding rights.<br \/>By way of example, but not limited to:<\/p><p>&#8211; The User is not authorized to use the information contained in the Web Site for the purpose of developing activities of a commercial or professional nature (direct sales or any other kind of commercial purpose, as well as to market in any way such information).<\/p><p>&#8211; The User is not authorized to remove, circumvent, manipulate the copyright, as well as any protection mechanisms.<\/p><p>&#8211; The user is not authorized to disassemble, decompile or reverse the databases in which the information is stored on the Web Site.<br \/>The unauthorized use of the information contained in this Web Site, its resale, as well as any breach of the rights of intellectual property of FLORES DE NERJA will give rise to the legally established responsibilities.<\/p><p>In the event that the User sends information of any kind to FLORES DE NERJA through any of the channels provided for that purpose, the User represents, warrants and agrees that it has the right to do so, that does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential.<\/p><p>If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual and\/or industrial property rights, he\/she should immediately notify FLORES DE NERJA through the e-mail address <a href=\"mailto:info@floresdenerja.es\">info@floresdenerja.es.<\/a><\/p><p>\u00a0<\/p><p>LINK POLICY<\/p><p>FLORES DE NERJA does not control the content, conditions of use or practices of third party websites and assumes no responsibility for them.<\/p><p>The User acknowledges and agrees that FLORES DE NERJA is not responsible for the availability of third party websites and does not guarantee or assume any liability for damages suffered by access to third party content through possible connections, links or links to sites linked from the Web Site.<\/p><p>The function, if any, of such links or technical linking devices (e.g. links, banners or buttons) is exclusively to inform users about the existence of other sources of information or other Internet content and services.<\/p><p>FLORES DE NERJA will in no case be responsible for the results obtained through such hyperlinks or technical linking devices (e.g. links or buttons) or the consequences arising from access by users to them (linked sites).<\/p><p>These third-party content are provided by them, so FLORES DE NERJA can not control the legality of such content or the quality of the services offered therein.<br \/>FLORES DE NERJA does not offer or market itself and \/ or through third parties the information, content and services available on the linked websites, nor does it approve, supervise or control in any way the content and services, as well as any material of any nature existing in the same, assuming the User exclusively all responsibility for navigation through these.<\/p><p>On the other hand, it is expressly forbidden the introduction of hyperlinks or technical linking devices (e.g. links, banners or buttons) for commercial purposes in web pages outside FLORES DE NERJA that allow access to this domain, without the prior written consent of FLORES DE NERJA.<\/p><p>In any case, the existence of such hyperlinks does not imply, in any case, the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor the acceptance by FLORES DE NERJA of its contents or services.<\/p><p>In any case, FLORES DE NERJA reserves the right to prohibit or disable at any time any hyperlink or technical linking device (eg links, banners or buttons) to your website, especially in cases of unlawful activity or content of the website in which the hyperlink or technical linking device is included.<\/p><p>\u00a0<\/p><p>LIMITATION OF LIABILITY<\/p><p>FLORES DE NERJA declares that it has adopted all the necessary technological measures, within its possibilities, to ensure the proper functioning of the Website and undertakes to make regular improvements to avoid any errors in the contents that may appear on the Web.<\/p><p>FLORES DE NERJA does not guarantee and is not responsible for:<\/p><p>&#8211; The availability and continuity of the contents of its website.<\/p><p>&#8211; The absence of errors in said contents.<\/p><p>&#8211; Temporary service interruptions, delays, errors, malfunctions and, in general, other inconveniences that have their origin in causes beyond the control of FLORES DE NERJA and \/ or are due to the wilful or negligent action of the user and \/ or are caused by force majeure.<\/p><p>&#8211; The non-existence of viruses or other elements that may cause alterations in the User&#8217;s computer systems (software and hardware) or in its electronic documents and files contained therein.<\/p><p>&#8211; The use that the User makes of the content of the Web Site that may involve a violation of any type of norm, national or international, of intellectual or industrial property rights or any other right of third parties.<\/p><p>&#8211; Possible security errors that may occur or possible damage that may be caused to the user&#8217;s computer system (hardware and software), files or documents stored therein, as a result of a malfunction of the browser or the use of non-updated versions of the same.<\/p><p>&#8211; The state of the links contained in this Web Site and that may lead the user to other sites and web pages operated by third parties.<br \/>FLORES DE NERJA is not responsible for the content or status of such sites and web pages.<br \/>Access to them through this Web Site does not imply that FLORES DE NERJA recommends or approves their contents.<\/p><p>\u00a0<\/p><p>CONFIDENTIALITY AND DATA PROTECTION<\/p><p>All personal data provided during the use of the Web Site will be treated in accordance with the provisions of the Privacy Policy.<\/p><p>\u00a0<\/p><p>USE OF COOKIES<\/p><p>This Web Site uses cookies.<br \/>All the information about them is contained in our Cookies Policy.<\/p><p>\u00a0<\/p><p>NOTIFICATIONS<\/p><p>All notifications and communications (hereinafter, &#8220;Notifications&#8221;) from the user to FLORES DE NERJA will be considered effective, for all purposes, when they are addressed through the Contact form provided on the Website, or to the following e-mail address: info@lamalagamoderna.com.<\/p><p>Also, all notifications made by FLORES DE NERJA to the user will be considered validly made if they have been made using the data provided by the user and through any means of communication valid in law.<\/p><p>For these purposes, the User represents and warrants that all data provided by him\/her are true and correct and that he\/she will keep them duly updated.<\/p><p>\u00a0<\/p><p>DURATION AND TERMINATION<\/p><p>The existence of this Web Site and the provision of the services offered on it has, in principle, an indefinite duration.<br \/>However, FLORES DE NERJA is entitled to terminate or suspend the provision of such services and cancel the Website at any time.<\/p><p>When reasonably possible, FLORES DE NERJA previously warn users about the termination or suspension of the Web Site and, where appropriate, of the services offered therein.<\/p><p>\u00a0<\/p><p>APPLICABLE LAW AND JURISDICTION<\/p><p>Any litigation related to the use of this Web Site shall be subject to Spanish law, and the Courts and Tribunals of the city of Malaga (Spain) shall be competent for the resolution of any issues that may arise or actions arising from the provision of services and\/or contents of the Web Site, as well as the interpretation, application, compliance and\/or breach of the provisions herein, unless a different jurisdiction is established by law.<\/p><p>The legal aspects concerning the protection of users&#8217; personal data are set out in the Privacy Policy, developed in accordance with Regulation (EU) 2016\/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95\/46\/EC (General Data Protection Regulation, GDPR or GDPR).<\/p><p>\u00a0<\/p><p>\u00a0<\/p><p>\u00a0<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>\u00a0 TERMS AND CONDITIONS \u00a0 OWNER OF THE WEBSITE In compliance with the provisions of Law 34\/2002 of 11 July, on Information Society Services, and Regulation (EU) 2016\/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95\/46\/EC (General Data\u2026<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-3445","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/floresdenerja.es\/en\/wp-json\/wp\/v2\/pages\/3445","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/floresdenerja.es\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/floresdenerja.es\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/floresdenerja.es\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/floresdenerja.es\/en\/wp-json\/wp\/v2\/comments?post=3445"}],"version-history":[{"count":18,"href":"https:\/\/floresdenerja.es\/en\/wp-json\/wp\/v2\/pages\/3445\/revisions"}],"predecessor-version":[{"id":3786,"href":"https:\/\/floresdenerja.es\/en\/wp-json\/wp\/v2\/pages\/3445\/revisions\/3786"}],"wp:attachment":[{"href":"https:\/\/floresdenerja.es\/en\/wp-json\/wp\/v2\/media?parent=3445"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}