General terms and conditions and acceptance
This contractual document will govern the General Conditions of contracting in the purchase of goods that may deteriorate or expire quickly (hereinafter, “Conditions”), through the website www.mygreens.es or www.mygreens.eco, property of MY GREENS 2021, S.L. under the trademark MY GREENS, YOUR GREENS, YOUR HEALTH, hereinafter MYGREENS, whose contact details are also included in the Legal Notice of this website.
These conditions will remain published on the website, at the disposal of the CLIENT to reproduce them and keep them as part of the contract, and may be modified at any time by MYGREENS. It is the responsibility of the CLIENT to read them periodically, as those in force at the time of placing the order will be applicable.
Contracts shall not be subject to any formality, with the exception of those cases expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the CLIENT:
- You have read, understand and comprehend the above.
- A person with sufficient capacity to enter into a contract.
- It assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the MYGREENS website.
The MYGREENS informs that the shop is responsible and aware of the current legislation and reserves the right to unilaterally modify the conditions, without this affecting the goods – or promotions – that were purchased prior to such modification.
Identity of the contracting parties
On the one hand, the producer of the foodstuffs contracted by the CLIENT is MY GREENS 2021, S.L. with registered office at Calle Felicidad 9, Pizarra – 29560 – Malaga, NIF B83132944; with customer service telephone number 663978716.
On the other hand, the CLIENT, registered on the website by means of a CLIENT name and password, for which he/she has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to MYGREENS.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale between MYGREENS and the CLIENT, at the moment the CLIENT accepts it during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a specific price and publicly displayed on the website, of a specific food product/s chosen by the CUSTOMER from among those offered by MYGREENS.
Registration procedure
The CLIENT, in order to access the products offered by MYGREENS, must register through the website by creating a user account. Therefore, the CLIENT must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.
The CLIENT shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify MYGREENS of the loss or theft of the same or possible access by an unauthorised third party, so that the latter may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of Article 27 of Law 34/2002, of the Information Society and Commerce Services Act (Ley 34/2002, de Servicios de la Sociedad de la Información y del Comercio (LSSICE), the contracting procedure will follow the following steps:
- General terms and conditions.
- Shipping and delivery of orders.
- Right of withdrawal.
- Online complaints and dispute resolution.
- Force majeure.
- Competition.
- Generalities of the offer.
- Price and period of validity of the tender.
- Transport costs.
- Method of payment, costs and discounts.
- Purchasing process.
- Unbundling and suspension or termination of the contract.
- Applicable law and jurisdiction.
1. General terms and conditions
Unless otherwise stipulated in writing, the placing of an order with MYGREENS implies the acceptance by the CUSTOMER of these legal conditions. No stipulation made by the CLIENT may differ from those of MYGREENS, if it has not been expressly accepted in advance, and in writing, by MYGREENS.
2. Shipping and delivery of orders
The delivery time will be between 1 and 3 working days, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
In the event that MYGREENS has not delivered the goods, 4 calendar days after the agreed delivery date, due to lack of availability of the product, the CLIENT will be informed and will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to MYGREENS.
MYGREENS will not assume any responsibility when the delivery of the product or service does not take place because the data provided by the CLIENT is false, inaccurate or incomplete.
Delivery shall be deemed to have been made when the carrier has placed the products at the disposal of the CUSTOMER and the CUSTOMER, or his delegate, has signed the delivery receipt document.
It is the CUSTOMER’s responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
3. Right of withdrawal
The foodstuffs on offer are perishable, i.e. they may expire or deteriorate in a short period of time. This type of supply of goods is exempt from reimbursement, according to Article 103(d) of Law 3/2014 of 27 March.
In any case, the CUSTOMER is offered the possibility of claiming any possible defects or flaws in the order within 24 hours of delivery, by contacting MYGREENS by telephone or e-mail.
All returns must be requested to MYGREENS, by e-mail to info@mygreens. eco, indicating the corresponding invoice or order number.
Once the case has been analysed, if MYGREENS considers that the product did not comply with the conditions of sale, it will inform the CLIENT within 48 hours of the amount and conditions of the refund.
Once the CLIENT has received the return number, he/she will send the product to MYGREENS, indicating this number on the delivery letter, with the transport costs at his/her own expense, to the address of MY GREENS 2021, S.L. , Calle Felicidad 9, Pizarra – 29560 – Malaga.
4. Online complaints and dispute resolution
Any complaint that the CUSTOMER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: MY GREENS 2021, S.L. , Calle Felicidad 9, Pizarra – 29560 – Malaga
Telephone: 663978716
E-mail: info@mygreens.eco
5. Force majeure
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
6. Competition the client
It may not assign, transfer or convey the rights, liabilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be affected or modified in any way.
The CLIENT declares that he/she has read, knows and accepts these Conditions in their entirety.
7. General information about the offer
All sales and deliveries made by MYGREENS are subject to these Conditions.
No modification, alteration or agreement contrary to the MY GREENS 2021, S.L. Commercial Proposal, or to what is stipulated here. or to what is stipulated herein, shall have effect, unless expressly agreed in writing signed by MYGREENS, in which case, these particular agreements shall prevail.
MYGREENS reserves the right to change its specifications with regard to the information provided in its advertising. These modifications shall also apply in the event that, for any reason whatsoever, the possibility of supplying the products offered is affected.
8. Price and period of validity of the offer
The prices indicated for each product do not include Value Added Tax (VAT) or other taxes that may be applicable, which will be added to the final invoice. These prices may or may not include shipping costs in the final prices of the products, as indicated on the Website.
The prices applicable to each product are those published on the website and are expressed in EURO currency (€). The CLIENT assumes that the economic valuation of some of the products may vary over time.
Before making the purchase, the CUSTOMER will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, the prices will be maintained.
Any payment made to MYGREENS involves the issuing of an invoice in the name of the registered CLIENT, or of the company name that he/she informed at the time of placing the order. This invoice will be sent to the CLIENT in PDF format, once the purchase has been confirmed.
For any information about the order, the CUSTOMER may contact us by e-mail at info@mygreens.eco.
9. Payment methods, charges and discounts
MYGREENS is responsible for the economic transactions and offers the following ways to pay for an order:
- Transfer
- Direct debit
- Credit card
The CLIENT may use a discount coupon prior to the completion of the purchase, if he/she has received it from MYGREENS.
Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that Mygreens may collect data for the purpose of authentication of access controls.
The MYGREENS undertakes not to allow any transaction considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
10. Purchasing process
Any product from the catalogue can be added to the basket. In the basket, only the items, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment details.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the shopping basket you can place an order by following the steps below for its correct formalisation:
- – Verification of invoicing data.
- – Verification of the shipping address.
- – Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the MYGREENS management department and another to the CLIENT’s e-mail confirming that the order has been placed.
11. Circular economy
The design, production and recycling of our products are part of a circular economy, our system reduces the consumption of raw materials, water and energy sources, based on sustainability and respect for the environment, promoting responsible consumption and the use of raw materials, so we avoid any waste, also our packaging is 100% biodegradable, are made from renewable or recycled materials.
The CUSTOMER is informed that our biodegradable packaging is compostable, i.e. it degrades in contact with other organic waste and turns into fertiliser or natural fertiliser (compost). Compost is a soil nutrient that improves soil structure, helps to reduce erosion and helps plants to absorb water and nutrients.
12. Unbundling and suspension or termination of the contract
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
MY GREENS 2021, S.L. may, without prior notice, suspend or terminate the CUSTOMER’s access to its e-commerce services, in whole or in part, for any valid reason, including, without limitation, where the CUSTOMER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policy.
Where MY GREENS 2021, S.L. exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to MY GREENS 2021, S.L.
13. Applicable law and jurisdiction
These conditions shall be governed or interpreted in accordance with Spanish law in that which is not expressly established. The MYGREENS and the CLIENT agree to submit to the Courts and Tribunals of Malaga in any dispute that may arise from the provision of the products or services covered by these Conditions.
In the event that the CLIENT is domiciled outside Spain, they will be submitted to the Dispute Resolution Body in Malaga, which will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of justice.