Terms & Conditions
Object and General Terms
The present General Conditions of Tender, Conditions of Sale and Privacy Policies (from now on, ‘General Conditions’), regulate the use of the theplantmagazine.com website (from now on, ‘the website’) owned by The Plant Publishing S.L. (hereinafter, “The Plant magazine”) with tax identification number ES B13870035, whose legal office is situated at Travessera de Gràcia 67, 08006, Barcelona.
The Plant magazine provides information on its products and services and offers the possibility of making purchases via its website. Those who wish to acquire our products should fill in the purchase form and accept the present General Conditions as they appear on the website when making the purchase.
Users who access the website without formalising a purchase order agree to the present General Conditions insofar as they can be applied.
The website is only directed at persons aged 18 and over.
Information of the Product
The description of the products that appear on the website comes as close as possible to the finished product. Nevertheless, this information and the photographs and/or videos of the articles are estimates. The price of the products may not include shipping costs and other services, which will appear in detail before the sale is finalised.
Purchases to be delivered within the European Union are subject to VAT. Purchases and deliveries to non-member states of the European Union, the Canary Islands, Ceuta o Melilla are exempt from VAT, with due regard to the indirect taxes and/or duties applicable in each of these territories.
If the desired article were for some reason unavailable after having placed your order, you will be duly informed via e-mail of the total or partial cancellation of the latter. Partial cancellation due to lack of availability doesn’t confer the right to cancel the totality of the order. If you wish to return a product received before or at the same time as a partial cancellation you should follow the stipulations listed in the Returns section.
Payment for online purchases from the website must be made by credit card, debit card or PayPal credit. To the prices as featured on the website we should add the corresponding delivery costs. This information will be provided in detail before the purchases are completed and customers agree on the terms.
The Plant magazine will send each receipt of purchase to the e-mail address provided on the order form. The legal invoice will only be sent if expressly requested.
The Plant magazine uses the SSL (Secure Socket Layer) protocol to ensure secure payments, establishing a 128-bit encrypted link or private communication channel between client and server. This guarantees that customer data is communicated to The Plant magazine and that the data transferred between customer and The Plant magazine are encrypted to avoid access by third parties. The Plant magazine cannot access confidential data regarding customers’ methods of payment.
Formalisation of Orders
Once the General Conditions have been accepted by the customer and the order placed, all the details concerning the purchase will be confirmed via e-mail by The Plant magazine.
Once the order has been sent, no cancellation will be accepted. In these cases, orders can only be returned following the procedure detailed in the Returns section.
Delivery Periods, Delivery Addresses and Losses
Delivery of Products
The Plant magazine has the obligation to deliver products in perfect condition at the address indicated on the order form. The Plant magazine will not be held responsible for any errors by omission or mistakes in the delivery information provided by customers on the order form.
The delivery period specified on the confirmation of the order is only approximate. You will receive your order at the postal address provided through the website, in the estimated time based on the type of shipment you request at the time of purchase, but never later than thirty (30) calendar days from the acceptance of your order through the website.
Deliveries will be considered to have been made as soon as orders are handed over to customers by the transport company and registered by their control system. In case of a delivery failing due to the customer’s absence and an order being returned to The Plant magazine, the customer must pay the costs of a subsequent delivery, which will be billed separately.
In the event of a delay in delivery attributable to The Plant magazine, the customer shall be entitled to cancel the order following the procedure described in the Returns section.
In the event of an order being lost, the transport company will inform of the incident, which could take between 4 and 7 days to be settled.
Speed of Delivery
Customers should check the state of their orders and deliveries with the transport company, and note any incident on the dispatch note. If any defect, blow or breakage should be observed, customers should inform The Plant magazine writing to firstname.lastname@example.org within 7 working days since the reception of the order.
Procedure for Returning a Product
Orders may be returned without specifying a reason and refunded within a maximum period of fifteen natural days after the date of reception. In these cases, the item in question must be in its original state, remain unused and preserve its original packaging and labelling. It must also be accompanied by the return form and a copy of the invoice (inside the package) indicating the returned item.
Customers must also send an e-mail to email@example.com informing of the return. If the return is due to a defect in the product or a mistake in the shipping, and therefore attributable to The Plant magazine, customers may choose to receive a new product or a refund of the cost of the purchase, and the costs of delivery and of return, if applicable. Partial cancellations of orders will receive partial refunds.
In cases of returns without specified reasons, delivery and return costs will be charged to the customer. Once the returned item has been received, The Plant magazine will check the state of the product and proceed to grant the refund if applicable.
The Plant magazine will not be held responsible for the costs of the returns that do not respect the previous procedure. Customised products cannot be changed.
Refunds will be made by the same payment method as the customer used for the purchase (bank transfer or credit card/debit card/PayPal credit) within the 48 hours following reception of the returned order.
Intellectual and Industrial Property
All content of the www.theplantmagazine.com website, source code and names, brands and databases accessible that have an expository though not restrictive nature, photographs, images, texts, logos, designs, commercial names and data included on the website belong to The Plant magazine (from now on, the owner) and are protected by national and international intellectual and industrial copyrights of the owner or of third-party owners.
With due regard to this principle, the content of the website are also considered software, and are therefore subject to Spanish and European Community regulations in force in this regard.
In no case will access to the www.theplantmagazine.com website imply any kind of renunciation, transmission, or total or partial transfer of the aforementioned rights, or confer any right to use, alter, exploit, reproduce, distribute or publicly communicate the content or intellectual and industrial copyrights. These are forbidden without prior and express authorisation in writing by the owner of third-party owners of these rights, with the exception of the right to access, visualise and make copies for personal and exclusive use of the customer. These rights must always be exercised in accordance with the law, the good customs and the demands of the good faith.
None of these conditions give customers or users any right whatsoever over the website, images or logos, or in general terms, any intellectual or industrial copyrights over www.theplantmagazine.com
Customers and users transfer any rights that could correspond to them over comments and assessments made at www.theplantmagazine.com or over the images loaded on the website to The Plant magazine, free of charge, for the whole world and for the total duration of the intellectual property rights allowed by law and regulations.
Access to the Website and Its Content
Navigating, accessing and using the information, services and general data of the The Plant magazine website gives you the condition of user, which implies full acceptance of the conditions applicable, with due regard to the application of the regulations of obligatory legal compliance.
Customers and users are fully responsible for accessing information and navigating the website. Consequently, customers and users are responsible before The Plant magazine and third parties of the consequences that may derive from use of any content of the website, whether drawn up and officially published by The Plant magazine or under her name with ends or effects either illicit or contrary to the present document. They are also responsible of the consequences that may derive from any use contrary to the present document and detrimental to the interests or rights of third parties, or that may in any way damage, deteriorate or render the website or its services unusable, or hinder its normal use by other customers.
The Plant magazine reserves the right to update the content of the website whenever she deems convenient, as well as to restrict or erase content, or prevent access to it either temporarily or permanently. Similarly, The Plant magazine reserves the right to deny access to the website to those customers and users who make incorrect use of the content and/or do not fulfil any of the conditions stated in the present document.
The Plant magazine informs that she cannot guarantee that access to the website and/or link-up websites will be uninterrupted or free of errors; that the content or software to which clients and users gain access through the website and/or link-up websites will be free of errors, defects, viruses or other harmful components that may produce alterations in their systems or electronic documents and files stored on their computers, or cause any other kind of damage; the use of the information or content of the website or links made by customers and users for their own purposes.
The information contained in the website should be considered by customers or users as purely illustrational, both in connection with its objective and with its effects, for which reason The Plant magazine cannot guarantee the preciseness of the information contained in the website. Consequently, The Plant magazine does not accept any responsibility or liability for possible damage or inconvenience that could derive from any inaccuracy on the website.
With the exception of what is mentioned in these terms and conditions, liability for the products by The Plant magazine is limited to refunding the price of purchase.
In no event will The Plant magazine be liable for any loss or damage including without limitation for:
- the use that customers or users may make of the materials of this website and/or link-up websites, regardless of whether they are forbidden or allowed, when it violates the industrial and/or intellectual property rights that correspond to the content of the website or third parties;
- damages caused to customers and users by the normal or abnormal operation of the search tools, the organisation or location of the content and/or access to the website, and in general, any errors or problems arising from the development or implementation of the technical elements the website or whatsoever program provides for the user;
- the content of pages accessed by the customers or users from links included on the website, regardless of whether or not they are authorised;
- the access of minors to the content included in the website, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors in their charge. You will be given the opportunity to turn on parental controls or any other controls that are available in order to avoid (i) access to materials or content unsuitable for minors, and (ii) sending personal data without the prior consent of their parents or guardians;
- communications in the course of debates, forums, chats and virtual communities organised through or around the website and/or link-up websites, or liable, therefore, for any damage and prejudice they suffer as customers or individuals and/or groups as a result of those communications;
- the website owner is not responsible for the content of the links, as established in article 17 of LSSICE (Services of the Information Society and Electronic Commerce)
The Plant magazine declines all responsibility, without limitation for:
- errors or delays in accessing the website by the customer when entering their data in the order form, slowness or inability to receive order confirmation by recipients or any anomaly that could emerge when these incidents are due to problems on the Internet, fortuitous causes, force majeure or any other unforeseen contingency foreign to the principle of good faith of The Plant magazine;
- faults or incidents that could occur in communications, deleted or incomplete transmissions, making it impossible to guarantee the normal operation of the website services;
- errors or damage to the website due to technical inefficiency or failure
- inoperability or problems in the e-mail provided by the customer for receiving order confirmation.
- The Plant magazine is committed to solving any problems that could arise and offering all necessary support to customers for a swift and satisfactory solution to incidents.
- The Plant magazine reserves the right to advertise and promote the registration of new customers at specifically defined periods of time. The Plant magazine reserves the right to modify the conditions of application of promotions or extend these, duly informing of these changes, and to exclude any of the participants in the promotion in the event of detecting any anomaly or unethical conduct identified during participation in the promotion.
- The Plant magazine declines all responsibility for the consequences of the customer advice service offered by our agents, which is always illustrational.
In his turn, the customer or user will be responsible, without limitation, for:
- the veracity and lawfulness of the information provided by the customer or user on the forms that appear on the The Plant magazine website to access certain contents or services offered by the website;
- the use of the information, services and data offered by The Plant magazine, contrary to what is established in the present conditions by law, morality, good conduct or public order, or which could in any other way involve damage to the rights of third parties or to the very functioning of the website.
- Treatment of personal data, and the sending of commercial communications by electronic means will comply with the Constitutional Law 15/1999 of 13 December on the Protection of Data of a Personal Nature (LOPD), with the (EU) Regulation 2016/679 of 27 April on the General Regulation of Data Protection (RGPD) of the European Parliament and the Council of Europe, and with the Law 34/2002 of 11 July on Services of the Information Society and Electronic Commerce (LSSI-CE).
The personal data received will be included in an automatic personal data file duly registered at the General Register of Data Protection (RGPD) in the Spanish Data Protection Agency (AEPD), processed following legally established security measures. Personal data will not be disclosed to third parties without express prior consent of the person affected by the processing.
The personal data obtained will be processed following legal security standards. These may only be accessed by authorised staff and for the exclusive purposes of managing the requested service and/or offering information on the activities and services of www.theplantmagazine.com, for receiving our Newsletter (upon request), the elaboration of statistics and the improvement of our offer.
The Plant magazine will only reveal your data when required to do so by applicable rules, and in all cases following a legal or administrative resolution. Outside of these cases, your data will not be shared with third parties without your express consent in writing, according to the law in force with regard to questions of personal data protection.
Your right of access, rectification, cancellation or opposition to the data processing, limiting the processing and/or data portability can be exercised at any time by sending an e-mail notification to firstname.lastname@example.org including personal details of the sender, including name, surname, ID and postal or electronic address. You may also revoke your consent to personal data processing.
Providing that the mutual interest among the parties involved continues, your personal data will be stored to maintain the purposes of data processing as long as you do not exercise any of the rights that make us unable to process your data.
In addition and in keeping with what is established in Article 21, Law 34/2002 of 11 July on Services of the Information Society and Electronic Commerce (LSSI-CE), we also request your express consent by registering at www.theplantmagazine.com to send you publicity of our products that we think may consider of your interest, either by e-mail or by any other equivalent means of communication.
Furthermore, we inform you that you may revoke at any time your consent by sending an e-mail to email@example.com.
Should any disposition or dispositions in these General Conditions be rendered void, invalid or unenforceable for any reason by any court of law exercising competent jurisdiction, such a determination shall not render void, invalid or unenforceable any other section or any part of any section in this agreement. The contract shall be construed according to the common intention of the parties.
If The Plant magazine does not exercise any rights or means of redress to which we are entitled under the agreement, this does not constitute a waiver of those rights or means of redress, save express recognition by The Plant magazine or if the specific action has expired.
Modification of Contractual Conditions
The Plant magazine reserves the right to unilaterally alter, at any time and when justifiable, the presentation and configuration of the website, and the present contractual conditions. These modifications will come into force 24 hours after being published on the website.
We recommend users read the contractual conditions carefully any time they access the website. Customers and users must have these terms and contractual conditions available in a visible place on the website, accessible without restrictions for all those queries they may have. Prior acceptance of the contractual conditions will be an essential step before any product available on the website may be purchased.
Non-fulfilment of contractual obligations by any of the parties due to force majeure will excuse all or part of the obligations of one or both parties until the force majeure ceases. In the event of the force majeure being long-lasting, any of the parties may request termination of the contract without suffering any penalty or incurring any liability or right to compensation.
Applicable Legislation and Competent Jurisdiction
These General Contractual Conditions shall be governed and construed in accordance with Spanish law, applicable therein. In the event of any controversy with regard to the interpretation or application of these General Contractual Conditions that could arise between the client or user and www.theplantmagazine.com, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the city of Barcelona (Spain).