TERMS & CONDITIONS

Acceptance of General Terms and Conditions

 

1.1. These General Terms and Conditions of Purchase govern the purchase by the professional user (the "Customer") of the products sold by Horti Grow or a third-party, hereinafter we shall refer to them indistinctly as "the Seller" through the Marketplace of the website ("Marketplace") of Horti Grow, owned by H.G.Trading and Wholesale S.L. ("Website of Horti Grow".)

 

These General Terms and Conditions of Purchase are completed and complemented by the particular conditions that may be set out and, where applicable, by the Conditions of Use of the website and the privacy policy contained in our Personal Data Protection Policy.

 

1.2. For the purposes of the provisions of these General Terms and Conditions of Purchase, the products are intended exclusively for the Customer, a natural or legal person acting as a professional, excluding any sale or purchase to private individuals or end consumers.

 

1.3. These General Terms and Conditions of Purchase shall apply to each and every purchase of products made by the Customer when sold by Horti Grow.

 

If the seller is not Horti Grow, but a third-party with terms and conditions of sale that are different from these, they shall be clearly stated in the purchase phase, and must be read and accepted by the Customer.

 

1.4. These General Terms and Conditions are formalised through the Marketplace, the website www.hgtrading.es. They may also be formalised in writing by any other means that provides a record of the dispatch and receipt thereof, and must be returned duly signed, indicating the date and time.

 

1.5. The Customer acknowledges that he/she has the legal capacity to enter into contracts and obligations as well as to purchase the products offered, and hereby agrees to be bound by these General Terms and Conditions of Purchase. In the case of natural person customers, only persons over eighteen (18) years of age or minors with judicial dispensation, may purchase the products. In any case, they must also prove their professional status.

 

1.6. The different Services offered on the portal shall be governed both by the provisions of these General Terms and Conditions and, especially, by the provisions of the Particular Terms and Conditions set out for each of these services.

 

In order to access the services offered by H.G. Trading and Wholesale S.L. through its platform, the Customer accepts and consents to register and sign up as a Customer on the platform. The user will be the e-mail address of your customer file and the password will be the one generated by the user on his first access to the website www.hgtrading.es. The Username and Password are identification and enabling elements for accessing the services and are personal and non-transferable. The Username cannot be modified by the Customer but the Password can be. The Distributor may, with sufficient prior notice, make modifications to the User's name and/or password, in which case the modified passwords will no longer be valid.

 

In the event of forgetting the password, a new password shall be generated by the User at "Recovery your password" present on the login page.

 

1.7. H.G. Trading and Wholesale S.L. accordingly reserves the right to decide at any time the Products that are contained and offered to the Users through the portal. Thus, the company may, at any time, add new products to those included in the Shop. It is understood, unless otherwise provided, that such new products shall be governed by the provisions of the General Terms and Conditions in force at that time. H.G. Trading and Wholesale S.L. also reserves the right to stop providing access, at any time and without prior notice, to any of the products offered in the Shop.

 

2. Purchasing process: order and acceptance

Offers

2.1.The Customer can place an order through the Horti Grow Marketplace, after registering as a User and logging in on the website.

 

The Products offered will appear on the screen together with their features and price. Should the price of the products be determined by weight, either the price per kilogram or the price of the packaged product shall be shown. In the latter case, however, the final price to be included in the proof of purchase shall depend on the actual weight of the product.

2.2. The Customer, as a registered user, can add the product he/she intends to purchase to the shopping basket, in accordance with the indications shown on the screen.

 

2.3. Once the purchase process is finalized through the website, hgtrading, on its own behalf or on behalf of the Seller, shall provide the Customer with a confirmation of the purchase made, which will include information regarding the conditions of purchase of the product ordered by the Customer and the invoice. At this moment, the Contract shall be formalised and shall imply full acceptance by the Customer of the Seller's commercial offer (made through the Horti Grow Marketplace) and of the applicable general terms and conditions of purchase. In the absence of separate general terms and conditions of purchase, these shall apply and, in any case, shall be supplementary to the existing terms and conditions if they are the seller's own.

 

2.4. The Customer, by making the purchase, undertakes to pay for the product.

 

2.5. Each purchase is subject to the Seller's product availability verification and the Customer’s payment. The Seller may decline the order in the event of unavailability of the product and payment by the Customer.

 

2.6. The product supplied by the Seller shall correspond to the descriptions and specifications provided to the Customer during the purchase process. The information for each product includes a short description, the price (taxes not included), as well as indicative information on the availability of the product.

 

2.7. In the event of unavailability of the product ordered at the time of processing the order, the Seller shall inform the Customer and will proceed to reimburse the amount of the order.

 

2.8. The Customer can consult the status of his/her order through the hgtrading Website.

 

 

3. Price and payment

Payment of Goods

3.1. The price of the product shall be the price in force at the time of placing the order and shall be shown in euros. The price offered to the Customer is the taxable base which does not include legally applicable taxes, as well as any applicable fees.

 

However, the price may subsequently be increased if the Customer purchases from a Seller located outside the European Union. In this case, the Customer may have to pay customs and/or customs duties which will be added to the selling price of the product.

 

3.2. The amount of the shipping costs will always be charged to the Customer and will be communicated after confirmation of the order as it will depend on different factors, such as distance, quantity of goods, type and type of goods.

 

3.3. The Customer may select any of the payment methods made available to him/her for the payment of the Seller's products and that will be adjusted to the type of Client and his needs, in accordance with the offers that the Seller makes in each case and that it will be understood that it forms part of the particular conditions that are specifically attributed to him. H.G. Trading and Wholesale S.L. reserves the right to demand the previous payment of the merchandise when it considers it opportune previous communication to the Customer.

 

3.4. Credit and debit cards shall be subject to verification and authorization by the issuing institution. If the issuing institution does not authorise the payment, the order cannot be processed.

 

3.5. The Seller shall send, together with the product, the invoice that the Customer must keep in case of exchange or return and for the provision of the appropriate guarantees as a means of proof of the date of purchase, model and product purchased from the Seller.

 

3.6. H.G. Trading and Wholesale S.L. reserves the right to cancel the User Name and password, and therefore the access to the Shop of those users who maintain debit or unpaid balances with the company, as well as not allowing the contracting of any order to those users who use the portal and carry out the contracting of their purchases in bad faith, or breach any of these General Terms and Conditions, and where appropriate, of the existing Particular Terms and Conditions or misuse of the various offers or promotions.

 

3.7. For any communication of the status, incidents and/or management of the order, the distributor shall contact the user through the different channels available to it, such as telephone, chat and/or email, unless the user indicates otherwise.

 

3.8. The Customer acknowledges that the goods covered by this delivery note remain the property of hgtrading until payment of the delivery note or invoice for the goods has been made. The Customer agrees to allow hgtrading to collect the goods from the customer's premises in the event of non-payment of this delivery note, provided that the goods are in good condition. In the event that the Customer is not in possession of the goods, hgtrading may collect goods whose value corresponds to the outstanding debt. The value will be determined by hgtrading' sales price list in force at the time without discounts.

 

3.9. More than 30 days after the due date for payment, hgtrading will reclaim the amount of the products without applying any discount to which the Client is entitled. Non-payment will automatically accrue interest for late payment at the rate of 12% per annum from the day following the expiry of the agreed deadline for payment.

 

 

4. Delivery of the product

Goods Receipt

4.1. The product shall be delivered to the Customer by the Seller, who shall manage the shipping operation on its behalf or through third parties. The customer must in any case sign the delivery note.

 

When the seller is a third-party, Hort Grow is not responsible for and does not participate in the management of the sale and shipment between the Customer and the third-party, as a result of the commercial relationship established through its marketplace.

 

4.2. The product ordered shall be delivered to the Customer within the period expressly indicated for each product, it being understood that said delivery period refers to working days, which shall be counted from the date of confirmation of the order by the Seller. It shall be understood that the Customer has cancelled their order if he/she cannot be located or is not at the designated address, in which case the amounts paid for the product shall be refunded, excluding delivery and collection costs.

 

4.3. The risk of loss or damage to the product shall be passed on to the Customer upon delivery of the product. For this reason, the Customer must ensure upon delivery that the package has not been broken or tampered with nor that the packaging does not cover the entire surface.

 

In the event of doubt, the Customer must check the full contents of the goods in front of the carrier, or indicate the legend "To be checked" next to the signature on the document certifying receipt of the shipment.

 

The goods will be delivered at the entrance of the establishment, being the Customer's responsibility to pick it up and move it inside. If the deposit of the goods is made inside the warehouse or commercial premises of the customer, this will be done as a mere deference of the deliveryman, and at the risk of the customer or his staff, being released H.G. Trading and Wholesale S.L. from any claim for damages or injuries that may occur in the process of unloading, both with the goods and in the establishment of the Client.

 

4.4. Any incident with the receipt or non-receipt of the product must be reported to Natural Systems in writing as soon as possible by e-mail to info@hgtrading.es and in any case not later than 24 hours. .

 

The customer shall be obliged to notify any breakage or damage to the products caused by transport within 24 hours of receipt. Claims for transport damage must be sent to the following e-mail address: info@hgtrading.es, accompanied by images or evidence of the poor condition or breakage of the products due to transport.

 

Together with the goods, the customer must check the delivery documentation, notifying H.G. Trading and Wholesale S.L. of any error or discrepancy between the delivery note and the goods received. The deadline for lodging this claim is 24 working hours after delivery. Once this period has expired, no claim may be lodged.

 

Deliveries from 1 December to 15 January may be delayed in relation to the total delivery time due to holidays of the logistics platforms of the various transport companies.

 

 

5. Guarantee

Warranty

5.1. The Seller guarantees the product during a period of six months from the signature of the delivery note. This warranty does not apply to lamps that are exempt from warranty coverage.

 

5.2. Should the Product not comply with the Contract, the Customer may choose, free of charge, to have it replaced or repaired, unless either of these two options is objectively impossible or disproportionate, or for a proportional reduction in the purchase price.

 

5.3. The repair suspends the warranty period. The suspension period shall commence from the time the Customer places the product at the disposal of the Seller and shall end upon the delivery of the repaired product. If, upon completion of the repair and delivery of the product, it still does not comply with the Contract, the Customer may request the replacement of the product, unless this option is deemed impossible or disproportionate, a reduction in price or the termination of the contract.

 

5.4. The Seller shall replace or repair the product provided that:

 

The Customer informs the Seller in writing of the lack of conformity, within five (5) days from the date of knowledge thereof and within the warranty period.

It is accredited that such lack of conformity is caused by origin and does not come from the irregular use or manipulation of the product.

The product is delivered to the Seller and no third-party intervention has taken place.

The product is not damaged, broken or malformed

5.5. In order for the Customer to benefit from the warranty:

 

The Customer shall contact info@hgtrading.es

The after-sales department will send you a form which you must return filled in, enclosing the evidence of the lack of conformity.

Send the shipment carriage paid at the Customer's expense, enclosing the address label, in a visible place, which will be sent by support after analysing the form.

 

The Customer must send the shipment carriage paid at the Customer's expense, within 5 working days from the communication of the lack of conformity to the Seller.

 

Only if available, it can also be delivered to our delivery person, in a closed box, with the address label on the outside clearly visible.

 

You can deliver the product directly to our offices, and you must also fill in the above-mentioned form.

 

5.6. Horti Grow, after verifying with the manufacturer that it is a technical fault or a manufacturing defect, will arrange the repair of the product with the manufacturer, returning the product to the customer when it has been repaired. If this is not possible, the product will be replaced with a new or repaired product with the same or better characteristics, checking that it is working correctly.

 

If the manufacturer determines that it is not a manufacturing defect and/or that it is not one of the cases covered by the warranty (section 5.4 and 5.7), the customer will be informed and the product will be returned in the same condition in which it was delivered, at the Customer's expense, and the warranty will be rejected.

 

If the client rejects the return of the merchandise, this will remain at his disposal in the warehouse of H.G. Trading and Wholesale S.L., having a period of 30 calendar days to pick it up. After this period, it will be understood that the client renounces to the product and abandons it and H.G. Trading and Wholesale S.L, will be free to give it the destiny that considers more opportune not being obliged to the refund of any amount.

 

5.7. The Customer shall be liable for any diminished value of the product resulting from the handling of the product other than what is necessary for its nature, characteristics or functioning. This manipulation may be cause for exclusion of the warranty.

 

 

6. Responsibilities: Seller Limitations and

Exemptions

6.1. Unless otherwise expressly provided for in these General Terms and Conditions of Purchase, the Seller's liability in relation to any offer for sale covers the full compliance of its products with the technical regulations, their legality and conformity of labelling, the conditions and delivery times of the goods, as well as the purchase price of said product, except in those cases in which by legal imperative such limitation does not apply.

 

6.2. Notwithstanding the provisions of the preceding paragraph, and to the extent legally permitted, and unless otherwise set forth in these General Conditions of Purchase, the Seller shall not accept any liability for the following losses, regardless of their origin:

 

Loss of income or sales.

Loss of business.

Loss of profits or contracts.

6.3. The Seller shall not be responsible for any failure or delay in the performance of its obligations stated in these General Terms and Conditions of Purchase, in the event that they are caused by events beyond our reasonable control ("Force Majeure"). Force Majeure Causes can include any act, event, failure to exercise, omission or accident that is beyond reasonable control of the Seller and in particular includes, but is not limited to, the following:

 

Strikes, lockouts or other industrial action.

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

Inability to use trains, boats, aeroplanes, motor vehicles or any other means of public or private transport.

Inability to use public or private telecommunication systems.

Acts, decrees, legislation, regulations or restrictions of any Government or Public Authority.

6.4. It shall be understood that the Seller’s obligations derived from this Contract shall be deemed to be suspended for the period during which the cause of force majeure continues, and the Seller shall have an extension of time to perform such obligations for a period equal to the duration of the force majeure. The Seller shall use all reasonable endeavours and diligence to try to fulfil its obligations despite the force majeure.

 

 

7. Horti Grow as service provider:

Exemption from liability where the seller is a third-party.

7.1. H.G. Trading and Wholesale S.L. as owner of the Marketplace acts as a mere communication support (intermediary) between the third-party Seller and the Customer and shall not assume responsibility of any kind in relation to the products or sales made directly by the third-party Seller to the Customer even if they are made through its marketplace or in the communications with the Customer Horti grow appears in any way identified.

 

In the present case, Horti Grow operates as a mere assignee of the virtual commerce space, without maintaining any relationship, control or supervision of the products offered and/or sold to the Customer. Notwithstanding the foregoing, any information or complaint that Horti Grow receives in this regard shall be forwarded directly to the Seller user of its marketplace.

 

7.2. Horti Grow shall not be liable in any way whatsoever for any direct or indirect damage caused as a result of the actions of the third-party Seller vis-à-vis the Customer. By way of example and without limitation, Horti Grow shall not be held liable for the unavailability of the Seller's product, for the rejection of an order from the Seller, for the non-payment of the order, for the misuse of the Marketplace by the Seller, for the lack of diligence in the actions of the third-party Seller towards the Customer or for the lack of compliance with the regulations applicable to the activity of the Seller and to the products that it promotes and markets, or for any other reason or circumstance derived from or as a consequence of the actions of the Seller.

 

In any case, it is the sole responsibility of the third-party Seller to guarantee the legality, registration and correct labelling of its products in accordance with the regulations in force.

 

Any notification to Horti Grow of the existence of illegal, irregular or defective product offerings, based on their degree of regulatory or technical non-compliance, shall be automatically communicated to the Seller and subjected to an internal verification audit process. Horti Grow may adopt as preventive measures the provisional or definitive withdrawal of the vendor's virtual trading space as well as the cancellation or suspension of the processing of information to manage customer orders, guaranteeing the full refund of the amounts paid by the Customers.

 

In any case, any illegal activity detected on our website should be reported to shop@hgtrading.es

 

Data protection

8.1.Data Controller The Data Controller of the Customer's data is the entity identified in the Purchase process as the Seller and from which the Customer acquires the product.

 

Likewise, the Data Controller will be H.G. Trading and Wholesale S.L, when the data is processed by Horti Grow, either in use of the services offered by the Marketplace, or in its capacity as a seller.

 

8.2. Purposes: The personal data provided by the Customer within the framework of this contract for the purchase of products from the Seller through the Horti Grow’s Marketplace will be processed for the following purposes:

 

Identify and be able to contact the Customer in order to inform him/her about actions or questions related to the order placed with the Seller.

To control, manage, maintain and execute the pre-contractual and contractual relationship between the Seller and the Client.

To carry out all necessary steps in relation to the management of the order placed with the Seller through the Horti Grow’s Marketplace.

Conduct satisfaction surveys.

No automated individual decisions will be taken in relation to the Customer.

To process and communicate data within the framework of preparatory and review actions and acts, prior to commercial operations of any nature, including but not limited to mergers, spin-offs, global assignment of assets and liabilities, contribution or transfer of business or branch of business activity, or any corporate restructuring operation of a similar nature, as contemplated by commercial regulations; as well as within the framework of the aforementioned commercial operations.

1. c) The supply of goods were made to the Customer's specifications or clearly personalised.

 

1. d) The supply of goods that may deteriorate or expire rapidly.

 

1. e) The supply of sealed goods that may not be returned for health and hygiene reasons and which have been unsealed after delivery.

 

1. f) The supply of products that, after the delivery thereof and bearing in mind their nature, have been inextricably mixed with other goods.

 

1. g) Goods that have been tampered with, opened, or unsealed.

 

8.2. The right of withdrawal may be exercised through the following channels:

 

By means of written communication to email info@hgtrading.es

By means of the Customer Service withdrawal form with the following content:

 

To the attention of the Seller: I hereby inform you that I withdraw from my contract of sale for of the following good:

 

Order number:

Order received on:

Name of the consumer and user:

Address of the consumer and user:

Signature of the consumer and user (only if this form is a paper form):

Date:

8.3. The refund shall include the full amount of the purchase, except, where applicable, delivery and collection costs. The refund shall be made using the same means of payment with which the product was purchased. The Seller informs that the direct costs of return shall be borne by the Customer. This cost is estimated to be approximately the cost, in Euros, of shipping and collection of the goods.

 

8.4. The Customer shall return the products subject to withdrawal without any undue delay within a maximum period of fourteen (14) calendar days from the date on which it informs the Seller of its decision to withdraw. The refund of the amount corresponding to the withdrawal will be made within fourteen (14) calendar days from the date on which the decision to withdraw from the Contract has been effectively and unequivocally communicated and provided that the Seller has previously received the product. Otherwise, the payment may be withheld until receipt of the product or until the Customer proves that the product has been returned.

 

8.5. The Customer shall be responsible for the decrease in value of the products resulting from any handling of these other than that necessary to establish the nature, features and operation of the goods.

 

8.6. In any case, in order to make use of the right of withdrawal, the product must be returned in its original packaging together with the invoice and all its components. Before returning the product, the Customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport. The product must be perfectly identified and marked with the return number provided by Customer Service Department. Notwithstanding the foregoing, the right of withdrawal and/or termination is excluded in those cases in which, given the nature of the goods being purchased, it is impossible to do so, without prejudice to the corresponding claim for damages suffered, as well as in the case of non-compliance with the following conditions:

 

1. The product must be in perfect condition, in its original undamaged packaging, including cork protectors and plastic sleeves.
2. The product must be accompanied by all accessories and complements, such as remote control, battery, software, stand, case, manual and documentation if applicable.
3. No returns shall be accepted for products manufactured or created to order, customised or personalised, unless they are due to manufacturing or transport defects.
4. The return of large-volume electrical appliances, such as in-line duct fans, extractors, trimmers or similar, is subject to prior checking of the product by the authorised Technical Assistance Service.
5. Likewise, in the case of organic products, returns of products that may deteriorate or expire rapidly shall not be accepted.

 

8.7. The Seller shall make the template form for the exercise of the right of withdrawal available to the Customer through the sales channel or Customer Service.

 

8.8. H.G. Trading and Wholesale S.L. shall be held liable for the lack of conformity of its products with the contract, repairing or replacing the product under the terms established by law.

 

In this respect, please refer to the section on Guarantees in these General Terms and Conditions.

 

 

9. Miscellaneous

9.1. The Seller and the Customer act in their own name and on their own behalf.

 

9.2. If any wording or clause of these General Terms and Conditions of Purchase is found to be invalid, illegal, or unenforceable for any reason whatsoever, this shall not affect the validity of the remaining clauses.

 

9.3. The Seller may modify the General Terms and Conditions of Purchase at any time. The modifications made will in no case affect purchases that have been made previously.

 

 

10. Applicable Law

10.1. These General Terms and Conditions are subject to Spanish law.

 

10.2. Broadly speaking, the courts and tribunals of Elche shall have jurisdiction to hear disputes arising from this Contract.

 

 

ESPANIA

Legislación y jurisdicción

Las presentes condiciones generales se interpretarán conforme a la legislación vigente en España en la materia que se aplicará subsidiariamente en todo lo que no se haya previsto en las mismas. (Básicamente Ley 34/2002 de 11 de julio de servicios de la información y comercio electrónico).

1. Contenido para mayores de 18 años, la entrada a la página y tienda de Horti Grow/H.G. Trading and Wholesale S.L. está reservada a mayores de edad. En España y buena parte de la UE la mayoria de edad se establece en 18 años, consulta tu legislación local al respecto y respétala.

2. Horti Grow/H.G. Trading and Wholesale S.L. no se responsabiliza del uso indebido o contra la ley de cada país respecto de los productos que comercializa. Nuestra tienda y pagina web cumple la legalidad Española, consultar punto 3) para más información.

3. Aviso legal general: consulta la legislación de tu país respecto a las semillas, parafernalia o productos relacionados con el cultivo de Cannabis.

La importación, tenencia y tráfico de semillas de cáñamo están exentos de la regulación de la Convención Única sobre Estupefacientes celebrada en Viena en 1961, que excluye expresamente las semillas de la planta del cannabis del listado de sustancias estupefacientes sometidas a fiscalización internacional.

Las regulaciones y legislaciones referentes a las semillas de cáñamo difieren mucho de un país a otro. Por esta razón rogamos se informen acerca de las regulaciones vigentes a las cuales deben necesariamente atenerse.

En numerosos países, como España, Italia, Holanda, Inglaterra, Irlanda, Austria, Polonia, Canadá, Japón, o Suiza, el comercio de semillas de cáñamo no requiere un permiso.

Como clientes de Horti Grow/H.G. Trading and Wholesale S.L. les pedimos que acepten las siguientes condiciones:

Horti Grow/H.G. Trading and Wholesale S.L. comercializa las semillas de cáñamo, así como otros artículos de comercio absolutamente legal en España, pero siempre bajo la condición de que los clientes no los utilicen con otros fines que los que permite la ley. Horti Grow/H.G. Trading and Wholesale S.L. no desea inducir a nadie a actuar contra la ley. Expresamente puntualizamos que todo aquel que compre semillas en Horti Grow/H.G. Trading and Wholesale S.L. es responsable de sus propios actos futuros. No aceptamos ninguna responsabilidad con referencia a este punto.

Horti Grow/H.G. Trading and Wholesale S.L. nunca ha autorizado ni autorizará a terceros para distribuir las semillas en países donde el comercio de semillas de cáñamo/cannabis es ilegal, por lo que rechazamos cualquier responsabilidad al respecto.

Horti Grow/H.G. Trading and Wholesale S.L. se reserva el derecho de modificar, sin previo aviso, las caracteristicas y/o datos técnicos de los productos incluidos en este catálogo y anexos.

Por pedidos envia un email a info@hgtrading.es, usa esta pagina web o llame nosotros al teléfono +34 965400677.