ONLINE PURCHASE CONDITIONS

SELLER/OPERATOR DATA

• Company name: ECOFORCE, S.L.

• Trade name: CULTIVERS

C.I.F.: B54671656

Registration Data : ALICANTE TOMO 3649 FOLIO 77 INSCRIPCIP. 1ST SHEET NO. A-132541

Registered Office: MAESTRO SERRANO 1 03770 – EL VERGEL (ALICANTE)

ORDERING PROCEDURE

• Telephone: +34 674 66 56 52 Telephone service hours from 08:00 to 16:00 hours.

• E-mail: info@cultivers.es
• Web: You can register as a customer on our website www.cultivers.es and place your orders online.

ON-LINE PURCHASE CONDITIONS

All purchases made through the portal www.cultivers.es (hereinafter, the Web), owned by ECOFORCE, S.L., are subject to these On-line Purchase.

All products and services are subject to the following conditions. By purchasing on the Web, you automatically accept these conditions. Please read them carefully.

These conditions constitute the entire agreement between the parties with regard to online transactions between ECOFORCE, S.L. and its customers.

ECOFORCE, S.L. is empowered to unilaterally modify each and every one of the obligations set forth in these conditions, without prior notice. Likewise, it is empowered to restructure, modify or delete any information, service or content included in the Web, without prior notice.

A purchase is not final until it is accepted by ECOFORCE, S.L.. ECOFORCE, S.L. reserves the right of admission and cancellation of any order, being able to return the amount paid by the customer and being exempt from any other obligation.

The Web does not require prior subscription for the simple navigation, access or use of the service in question. On the other hand, for access to certain content and services, prior subscription and registration as a User (hereinafter referred to as Registered User) will be required.

USER REGISTRATION

In accordance with the above, ECOFORCE, S.L. reserves some of the Services offered through the Web to Registered Users.

To buy in the ECOFORCE, S.L. online store you must register in it. Your data will be saved and your future purchases will be faster. To register and buy in the online store you must go to the “Register” section in the “User” section. If you are already registered to buy in the online store and you have forgotten your password, go to the “Register” section, click on the option Forgot your password? and insert your e-mail address and “Continue”, and you will immediately receive an e-mail with your password.

The User agrees to select, use and keep his/her user name or “login” and password (hereinafter and jointly the “Access Keys”) in accordance with the following clauses.

Assignment of Access Keys

The User will have the option to choose and indicate his/her own access password. The User will not be able to choose the User Name in any other way than being a valid e-mail address, through which he/she will communicate with ECOFORCE, S.L..

Use and Custody

The User agrees to make a lawful and diligent use of the Access Key, as well as not to make the Access Key available to third parties.

The User undertakes to notify the Webmaster of ECOFORCE, S.L. as soon as possible, the loss or theft of the Access Codes, as well as any risk of access to them by a third party.

The Access Key can only be used by the Users to whom it has been assigned. ECOFORCE, S.L. is exonerated from any liability that may arise for damages caused or suffered by fraudulent use or lack of diligence in the care and custody of the Access Key, loss or use contrary to the provisions of these Conditions.

User cancellation (*)

At any time you can request to unsubscribe as a Registered User by sending an email to info@cultivers.es explaining the details of the user to be unsubscribed.

PRODUCTS (*)

All products sold on this website are new and original from the manufacturer.

The information provided should at no time be considered either complete or exhaustive due to the wide range of products and services in the industry. ECOFORCE, S.L., for its part, will try to the best of its ability to constantly update the prices of products through constant communication with suppliers and manufacturers.

ECOFORCE, S.L. declares that the product offered usually corresponds to the photograph and technical description of the same. However, it is exonerated from liability for those cases in which, due to technical or human error, there are mistakes or variations between the photograph, the technical description and the price. Likewise, it is made clear that the photographs are merely indicative and there may be variations in terms of physical appearance but without undermining the integrity and performance of the product ordered.

ECOFORCE, S.L. is exonerated from the contents, information, opinions or comments disseminated through the Web, nor will it be responsible for the use that the User makes of this information.

TERRITORIAL SCOPE

• Peninsula: The products and/or services of ECOFORCE, S.L. will only be marketed within the peninsular territory, being of application the Spanish legislation.
• Spain: The products and/or services of ECOFORCE, S.L. will only be marketed in the Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla, with respect to the applicable Spanish legislation as well as the special invoicing and tax regimes applicable to the island territories and autonomous cities.
• European Union: The products and/or services of ECOFORCE, S.L. will only be marketed in the territories belonging to the European Union, in accordance with current Spanish and European legislation.
• European Union and third countries: The products and/or services of ECOFORCE, S.L. do not have a defined territorial scope, being possible its commercialization in any country and attending to the regulation that is applicable in each case.

PRICE LIST

The prices of the services or products shown on our website are indicated in Euros and include the applicable taxes and their corresponding breakdown, unless otherwise indicated. Prices and taxes vary depending on the customer’s country, detected through IP and credit or debit card data.

Based on its commercial policy, ECOFORCE, S.L. may make final price variations either by loyalty, by acquisition of products of certain entity or relevance as well as others that may stipulate ECOFORCE, S.L. in due course. However, it will be ECOFORCE, S.L. who freely and voluntarily offers these discounts and / or rebates to those it deems appropriate, and may not be required or requested at any time by the customer.

Prices do not include shipping costs. Prices are valid except for typing errors. All sales are made with the corresponding invoice. The products are available for sale while stocks last.

The exposed prices may be reviewed and modified at any time by ECOFORCE, S.L., not affecting in any case to services or products already purchased by the user.

Once payment has been verified, ECOFORCE, S.L. will start processing the order.

PAYMENT METHODS

Once inside your account you will see your cart and then you will need to click “Confirm Order” and proceed to Shipping and Payment. In this part, you must specify whether you want the order to be sent to your address of registration or to a different one, and then make the payment according to the chosen method, by clicking on “Finalize order – Payment obligation order”. Once the payment is completed, you will see the order registration confirmation and you will immediately receive this confirmation by e-mail.

The invoice will be issued, with the data that have been provided for it, once the payment of the order is confirmed and the order has been received and managed. You will be able to obtain the invoice in the following ways:

1. Delivery to your e-mail address.
2. Shipped with the order.

Payment for the products can be made:

Option 1:

1. a) Payment by PAYPAL
2. c) Visa or Mastercard / Readys

1. c) Credit Card: Visa or Mastercard

In order to provide greater security to credit card owners, VISA has included a three-digit number on its cards called CSC that serves as an identification code to verify the physical presence of the card during Internet transactions. This three-digit number is printed on the back of your VISA card (in the signature area), immediately after the card number. In order to prevent fraudulent transactions with credit cards, ECOFORCE, S.L. reserves the right to ask its customers for these control digits before sending the order.

Credit card fraud is a crime, and ECOFORCE, S.L. will take legal action against anyone who makes a fraudulent transaction in our online store.

ECOFORCE, S.L. tracks each transaction and will use all means available by law so that those who make fraudulent purchases are punished by the authorities.

Payment with Visa / Paypal card: It is one of the most used systems on the Internet for credit card payments.

It is a totally secure transaction. The data entered at no time are displayed or stored by us, since the entire process is performed on Paypal’s own servers. More information at
www.paypal.com
.

OTHER FORMS OF PAYMENT

Paypal. Payment is made through the international payment system Paypal. This payment method carries an X% commission. For more information
www.paypal.com
.

SHIPPING

ECOFORCE, S.L. will not send any product until the Administration Department has verified that payment has been made.

Delivery shall be deemed to have been made when the carrier has placed the products at the customer’s disposal and the customer has signed the delivery receipt document. It is the customer’s responsibility to check the products upon receipt and to state any reservations and complaints that may be justified in the delivery receipt document.

ECOFORCE, S.L. will send the products by the means it deems appropriate to fulfill its commitments.

SHIPPING COSTS

Option 1:

A shipping charge will apply depending on the delivery zone selected. Shipping costs to the Canary Islands, Ceuta and Melilla include customs costs. However, ECOFORCE, S.L. RESERVES THE RIGHT TO REQUEST ADDITIONAL QUANTITY for particularly heavy or bulky orders. If this happens and the customer is not interested in formalizing the order with the indicated shipping costs, the amount paid will be refunded and the order will be cancelled. ECOFORCE, S.L. shall be exempt from any other commitment or obligation to the customer.

Delivery time

Generally, an order is shipped (leaves our offices for destination) the next business day for those orders for which proof of payment has been sent to us before 12:00 noon. If proof of payment is sent after this time, two business days later. Delivery at destination will be made depending on the destination zone. In mainland Spain, it will be 3 working days after the day of shipment. For shipments to the Balearic Islands, the delivery time may be increased by 2 or 3 more days. However, these deadlines are approximate and may vary for reasons beyond our company’s control. ECOFORCE, S.L. does not commit to any specific delivery time, since the shipping process depends on third parties.

If a delivery is going to take more than 5 working days, ECOFORCE, S.L. will contact the customer to inform him and give him the option to cancel the order and receive his money back immediately by bank transfer.

Stock out

On the Web we only offer for sale products in stock, either in our own warehouse or in the warehouse of any entity, manufacturer or wholesaler, which allow us to serve the product in the time described as delivery time. However, the synchronization of the web with the warehouses is not instantaneous. In addition, in the period of time between the time a customer registers an order on the Web until we receive and process the proof of payment, some products may be out of stock. Therefore, there may be some isolated cases in which we are unable to deliver an order due to lack of stock.

When it is not possible to serve a product due to lack of stock, ECOFORCE, S.L. will contact the customer to inform him, cancel the order and refund your money immediately by bank transfer.

In these cases, the amount will always be refunded to the customer and the order will be cancelled. IT WILL NOT BE POSSIBLE TO KEEP THE PRICE OF THE PRODUCT OUT OF STOCK TO SERVE IT WHEN STOCK IS REPLENISHED, since the price of the product changes at each replenishment according to our purchase price.

Handling and shipping costs will be borne by the customer and will be specified in the shopping cart and in the order. These costs may vary depending on a new destination chosen by customers. For shipments to the Canary Islands, Ceuta and Melilla, expenses include customs costs.

The delivery time will depend on the products and the province to which the shipment is made, and in any case begins to count from the time ECOFORCE, S.L. receives the amount of the order. Shipments of goods paid with a nominative check will have an additional three days delivery time. The delivery of any of the products subject to purchase under these general conditions, is subject to the availability plan of ECOFORCE, S.L.. The latter will make its best efforts to deliver on the date scheduled, offered or confirmed. However, it will not acquire any responsibility for failure to comply with these dates as long as it is for reasons beyond the control of ECOFORCE, S.L..

If the delay in delivery is attributable to ECOFORCE, S.L. and exceeds 7 days, we will proceed, upon written request of the customer, to the full refund of the amount prepaid for the goods whose delivery had been delayed. Likewise, ECOFORCE, S.L. shall not be liable for any loss of profits or consequential damages, direct or indirect, and its maximum liability in any case shall be the value of the goods.

If the customer cancels all or part of the order before ECOFORCE, S.L. has proceeded to the expedition of the same, ECOFORCE, S.L. may require the payment of compensation for expenses and processing, consisting of X % of the value of the rejected goods. Customers may adhere to any of the payment methods offered by ECOFORCE, S.L.. In the event that the customer accepts prepayment as a form of payment, this will be fully effective and the customer will proceed to pay for the product after placing the order. The products purchased must be paid after placing the ORDER by sending ECOFORCE, S.L. the amount shown in it, by any of the means of payment selected.

A copy of the delivery note detailing the goods of the complete order accompanies each shipment. The receiver is obliged to check that the number of his order and the number of the delivery note match. Also, check that the number of packages appearing on the carrier’s Delivery Document matches the number of packages delivered.

Upon delivery of the goods, the User must sign the delivery note giving his agreement to the delivery made. The customer’s conformity on the delivery note implies the waiver of any kind of claim or complaint regarding the goods ordered and received.

The goods travel to their destination insured against all risks by ECOFORCE, S.L., being the cost of such insurance included in the price corresponding to the heading of shipping.

Both to make the insurance effective and to rectify any error in the delivery, it is an essential condition that any incident regarding the goods received or their packaging be stated in the comments section of the carrier’s delivery document. It is also essential that ECOFORCE, S.L. be notified of such incident within a maximum period of 24 hours, either by telephone or by e-mail in the “Contact Us” section.

If these conditions are not met, ECOFORCE, S.L. will not assume any responsibility for such merchandise.

WARRANTIES

Legal warranty

The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, responding in any case for the lack of conformity that exists at the time of delivery of the product. The seller’s liability is excepted in cases where the consumer and user was aware of such faults or could not have been unaware of them at the time of conclusion of the contract.

ECOFORCE, S.L. shall be liable for any lack of conformity that occurs within two years of delivery of the product. In this regard, the consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it, the consumer and user being liable for any damage or loss actually caused by the delay in communication.

If the good is not in conformity with the contract, in order to bring it into conformity, the consumer or user shall have the right to choose between remedying the lack of conformity through repair or replacement of the good, unless one of these measures proves objectively impossible or disproportionate.

It shall be understood that the bringing into conformity is disproportionate when it imposes costs on the seller that are unreasonable, taking into account all the circumstances applicable to the case, and in particular, the value of the good without the lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the consumer.

When the remedy of the lack of conformity cannot be chosen, the consumer or user shall be entitled to a reduction in the sale price or to the termination of the contract, the latter option not being applicable when the lack of conformity is of minor importance.

The exercise of these rights by the consumer will not involve additional costs for this, being essential for its exercise the presentation of the receipt of purchase, invoice or delivery note.

RIGHT OF WITHDRAWAL AND REFUND POLICIES

The user shall have the right to withdraw from the purchase within 14 days of delivery of the goods.

How to exercise the right of withdrawal: To exercise the right of withdrawal with respect to products purchased exclusively on the Web, you must express your unequivocal decision to withdraw from the contract, within 14 calendar days, in any of the following ways:

• If you choose the option of returning the product in any of the ECOFORCE, S.L. stores, you must first contact our Customer Service Department at +34674665652 , who will send you a return authorization that you will have to present at the store.
• If you choose the option to return the product through the online store of the Web, you must contact our Customer Service at +34 674665652, or through the email account info@cultivers.es to express unequivocally its decision to withdraw from the contract.
• Without prejudice to the provisions of the preceding paragraphs, you may also choose to exercise your right of withdrawal by completing and sending electronically to the following email address info@cultivers.es the cancellation form that can be downloaded by sending an e-mail to info@cultivers.es and requesting the form in which case, we will promptly notify you by e-mail of the receipt of such withdrawal.

The right of withdrawal shall be deemed to have been exercised within the deadline when you have sent us the communication concerning the exercise of this right before the end of the corresponding period, in the terms indicated above.

Consequences of withdrawal:

In the event that you exercise your right of withdrawal, we will refund all payments received from you, including delivery charges, without undue delay and in any event not later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. We will proceed to make such reimbursement using the same means of payment in which the purchase was paid without incurring any expenses as a result of the reimbursement.

The products to be returned must be in perfect condition. If this is not the case, the withdrawal cannot be exercised.

CLAIM FORM

Complaint forms are available for customers. The form can be requested to our customer service department by phone or by e-mail, and we will send it to the address you provide. You can also request it in our stores, at CAMI DE LES MINES S/N OLIVA (VALENCIA).

OUT-OF-COURT DISPUTE RESOLUTION (SETTLEMENT PROCEDURES)

Disputes between the parties arising from contracts concluded exclusively by electronic means may be settled out of court through the online dispute resolution platform published by the European Commission, where you will find all the information necessary to take the corresponding actions.

The link to the platform from which the corresponding claim may be exercised is as follows:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

JURISDICTION AND COMPETENCE

In the event that a consumer and user is involved, the parties submit, for the resolution of disputes arising from these general conditions of sale, to the Courts and Tribunals of the civil order corresponding to the domicile of the consumer, by virtue of their specific regulations.

For the rest of the intervening parties, the territorial jurisdiction will be determined by the general rules of distribution of jurisdiction, as set forth in articles 50 and following of the Civil Procedure Law.