Purchase Conditions
1. Introduction
The present Terms and Conditions (together with any document herein mentioned) sets forth the conditions governing the use of and the purchase of products through this website (www.oterroirdospardaos.com); hereinafter, the “Conditions”. Please read these Conditions, our Cookies and Privacy Policies (together the “data protection policies”) carefully prior to using this website. By using this website or placing an order through it, you are consenting to accept these Conditions and our data protection policies. If you do not agree to all the Conditions and data protection policies, you should not use this website.
You may send us any question related to our Conditions and data protection policies through any of our contact channels.
The English version of these Terms and Conditions is a translation of the Spanish version. Please note that it is only informative. Therefore, in case of conflict, the Spanish version is the only legally valid version.
2. Our details
The sale of products through this website is carried out under the name of O Terroir dos Pardaos for Ivan Fernandez Lopez situated in Carretera de Barbantes 32, 32456 en Punxin (Comunidad de Galicia) con N.I.F. 34989492Y, with phone number +34 652474305 email address info@oterroirdospardaos.com
3. Your details and your visits to this website
The information or personal details that you provide us with are processed according to the data protection policies. By using this website, you are consenting to the processing of such information and details and you affirm that all information or details you have provided us with are true and accurate.
4. Use of our website
By using this website and/or by placing any order through it, you consent:
i. To use this website exclusively to make legitimate enquiries or orders.
ii. Not to make any speculative, false or fraudulent orders. If we reasonably consider that such an order has been made, we are entitled to cancel the order and inform the competent authorities.
iii. To provide correct and accurate email, postal address and/or other contact details and acknowledge that we may use these details to contact you if necessary (see our data protection policies). If you do not give us all of the information that we need, we will not be able to complete your order.
By placing an order through this website, you warrant that you are at least 18 years old and are capable of entering into legally binding contracts.
5. Service availability
Items offered on this website are only available for delivery to a list of defined countries that you will be able to select during the purchasing process.
6. To place an order
To place an order, you must follow the online purchasing process and make the payment for the items you have selected. After this, you will receive an email from us confirming that your order has been submitted (the “Order Confirmation”).
7. Technical means to correct errors
In any case you detect an error in your personal details, you will be able to correct any error related to personal details registered during the purchasing process by contacting us through the email address info@oterroirdospardaos.com. You can also exercise your right of rectification as considered in our Privacy Policy using the same email address.
This website presents confirmation windows at various sections of the purchasing process in order to prevent proceeding with the order if data in these sections have been provided incorrectly. Furthermore, this website gives details on all items you added to your shopping basket during the purchasing process in order to enable you to modify the order details before making the payment.
If you detect an error in your order after having completed the payment process, you should contact us immediately calling the phone number +34 652474305 or writing an email to the address previously mentioned to rectify the error.
8. Availability of products
All orders are subject to availability of products. In the event of issues regarding the harvest or product delivery or if the harvest season ended before we execute your order, we will reimburse you with the amount you have payed for.
O Terroir dos Pardaos offers agricultural products which vary depending on the year and season. The current offer is available on the O Terroir dos Pardaos website and can be modified at any time without any prior notice.
9. Delivery
Unless there are special circumstances linked to the products or unless any other exceptional and unplanned circumstances, we will endeavour to fulfil your order with the product(s) included in the Order Confirmation by the delivery date indicated on the website.
For the purpose of these Conditions, “delivery” or “delivered” shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the products, which will be endorsed by the signing of the receipt confirmation at the agreed shipping address.
Shipping times vary depending on the country and municipality you choose as shipping address. For orientation purposes, we inform you about the approximate shipping times from the below-mentioned countries:
+ Between 1 and 2 working days for Portugal and Spain.
+ Between 2 to 4 working days for: Austria, Belgium, France, Germany, Luxembourg, Monaco, Netherlands, Switzerland.
+ Between 3 to 6 working days for Denmark, Estonia, Finland, Hungary, Ireland, Italy, Latvia, Lithuania, Norway, Poland, Sweden and UK.
These shipping times may vary and the shipment might be delayed due to factors beyond the control of O Terroir dos Pardaos (e.g. rain, mist, wind or other climatic conditions that impede the harvest of products in good condition, issues with the transport company etc.) which will not constitute justification for penalization or for holding O Terroir dos Pardaos civilly liable on contractual and non-contractual grounds.
O Terroir dos Pardaos may cancel any order you made if there are objective conditions that impede the preparation and shipment within reasonable time. You will be notified of this sudden impossibility by email. In such a case, you will be entitled to have the order prepared and sent out at a later time without additional costs.
We will use the most suited transport company for the shipment of your order. These transport service providers are integrated into our systems and adapt to our schedule for harvesting fruits and vegetables and preparing orders. For this reason, we do not accept delivery through any other courier that you may hire, even if it belongs to the same transport company as the one we are using. We will also be entitled to changing the courier at any time and without prior notice.
Upon delivery, you or the person receiving the order at the address indicated during the purchasing process must not sign the delivery receipt (“Proof Of Delivery” or “POD”) before verifying that the boxes or packaging are closed, have not been previously opened and that no box is missing from the order. In case boxes are missing, or if one has already been opened, please report the nonconformity to the courier in detail and keep a copy of the nonconformity statement with the record of the incidence, communicating the issue immediately to O Terroir dos Pardaos via the following email address: info@oterroirdospardaos.com attaching photographs of the nonconformity statement and of the shipment’s condition. The goods shall be preserved in the same condition in which they were received (i.e. neither opened nor consumed) until a written notification is received from O Terroir dos Pardaos detailing how you should proceed.
If you sign the delivery receipt without stating its nonconformity in the Proof of Delivery, we will not accept claims with regards to manifest defects.
10. Unable to deliver
If we are unable to deliver your order, we will try to find a safe place to store it. If we are not able to find a safe place, your order will be sent to the warehouse of the courier.
If you cannot be at the delivery address at the agreed time, please contact the shipping company to fix a new delivery date. If, due to reasons not attributable to us, your order has not been delivered 15 days after you order was ready to be delivered, we will assume you wish to withdraw from the contract and will be considered terminated. As a result of the termination of the contract, we will return the amount received from you for the order deducting the logistics costs for the delivery.
Please note that additional transport costs may result from the termination of the contract which we are authorized to charge you with.
11. Risk and title
The products will be at your risk from the moment of delivery onwards.
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon the time of delivery (as defined in clause 9), whichever is later.
12. Price and payment
All prices on our website include legally applicable taxes (VAT). Displayed include transportation costs. Depending on the delivery country, we reserve the right to decide a minimum order size to accept the order and send it with ecologically and economically acceptable costs.
The prices, indicated on the website, may be modified at any time without prior notice but (except as set out above) the possible changes will not impact orders which already received an Order Confirmation.
Once you have selected all items you wish to purchase, they will be added to your basket and in the next step, the order will be processed and the payment made. To do this, you must follow the steps of the purchase process, completing and verifying the information requested at each step. Throughout the purchase process, before the final payment, you can modify the details of your order.
The price of the purchased products will be charged immediately after you click on “Pay”. To be able to charge you, we will request your payment information, either for your credit card, direct debit, or in some cases also your Paypal account. During the payment process you can link the chosen payment method to your account to simplify the process for your next orders.
By clicking on “Pay” you confirm that the credit card or the bank account is yours and that you are their legitimate holder.
To minimise the possibility of unauthorised access, your credit card details and IBAN will be encrypted. Credit cards and IBAN are subject to validation checks and authorisation from the issuer entity. If your issuer entity fails to authorise the payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.
13. Invoicing
We will by default consider that you are a natural person. When you finalize the purchasing process, we will issue a simplified invoice with the corresponding VAT for each product. In case you are placing the order in the name of a company or a legal person, you can request modification of the invoice once the order is finalized by writing us an email to info@oterroirdospardaos.com providing the following information:
+ Corporate name
+ Tax identification number
+ Invoicing address: address, postal codes, locality, municipality, country
You explicitly authorize us to issue an invoice in an electronic form, although at any time you can request an invoice on paper which we will then issue and send to you.
14. Return policy
14.1. Legal right to withdraw from your order
Right of withdrawal
As established in article 102 and in line with the Royal Legislative Decree 1/2007, of November 16th, approving the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws, in the case of orders which include perishable products, you cannot request a withdrawal from the purchasing contract nor any refund for the amount paid.
In case you want to withdrawal from the purchasing contract (the adoption of the olive tree)
In the case of an order with non-perishable products, you are entitled to fourteen (14) calendar days after receipt of the order to request withdrawal from the purchasing contract and the reimbursement of the amount paid for the products which have not been consumed.
To exercise your right of withdrawal, you must notify O Terroir dos Pardaos of your decision to withdraw from the contract through a clear statement (e.g. a letter sent by postal mail or an email):
+ Postal address for notifications purposes: Careterra de Barbantes 32, 32456 Punxin/Ourense España.
+ Email address for notifications purposes: info@oterroirdospardaos.com
To meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order, before the withdrawal period expires.
Until we receive the returned product in our garden in Punxin we cannot assume its ownership. We reserve the right, at our sole discretion, to reimburse the purchase price without requesting its return. In such a case, the ownership of the reimbursed product will not be transferred to O Terroir dos Pardaos.
Effects of withdrawal
We will refund the payment received from you for non-perishable products which were returned in time and in good shape. We will use the same means of payment that you used to pay for your order.
In the case of mixed orders, that is to say orders which include perishable and non-perishable products, we will apply each product type’s withdrawal clause depending on each product´s proportion within the order.
14.2. Exceptions to the right of withdrawal
Because of the use of ecological farming techniques, the agricultural as well as the horticultural products of O Terroir dos Pardaos may vary substantially in their organoleptic characteristics, primarily in their appearance, colour, odour and flavour. These properties cannot be considered reasons for returns. If you wish to know the level of acidity or ripeness at that moment you may visit our website or write us an email with your enquiry at info@oterroirdospardaos.com.
The withdrawal right does not apply to the delivery of:
+ Products which cannot be returned because of hygiene and health protection reasons if unsealed after its delivery (for example olive oil) or if they were, after the delivery, inseparably mixed with other products;
+ Products which can deteriorate or expire rapidly (for example perishable food or products or subject to an expiration date less than a year).
Return through courier
You must contact us through our paragraph for withdrawal requests to organize the recollection of the product at your home. You must provide the goods in the same package as the one you received, following the instructions which you will find in the section “RETURNS” on this website.
If you do not wish to return the products through one of our free available options, you will need to bear the costs for returning those products to us. Please, bear in mind that if you decide to return the items through unpaid postage we will charge you for all incurred expenses.
After examining the product we will let you know whether you are entitled to reimbursement of the paid amount. Reimbursement of logistics costs of products which are not included in the exceptions mentioned in 14.2 will only take place if the right of withdrawal is exercised within the legal deadline and if all products of the corresponding order have been returned. Reimbursement will be carried out as soon as possible and, in any case, within 14 days after the date you informed us of your intention to withdraw. Nonetheless, we may withhold the reimbursement until the final receipt of the goods or until we receive a proof of the return of the goods, whichever is the earliest. Reimbursement will take place using the same means of payment that you used to pay your order. You will accept the cost and risk of returning the products, as mentioned previously. Should you have any doubt, you can contact us through our contact channels or by phone +34 652474305.
This does not affect your statutory rights of the current legislation.
15. Visits at our finca
Our finca is not open to the public. If you own a olive tree allocated in our garden you can come and visit it by arranging an appointment through the following contact form from our website informing us of the exact number of visitors. We will not be able to receive visitors without prior appointment or without a confirmation of the visit written by one of our team members. The visit will take place under the supervision and accompanied by a member of the O Terroir dos Pardaos staff. For road safety reasons, it is prohibited to walk to our plantation.
It is strictly forbidden to appear at the finca for a visit without prior appointment. For security purposes visitors without prior appointment will not be given access to our plantation.
O Terroir dos Pardaos reserves the right to forbid the entry to the finca to clients or third parties (canceling an appointment if it had been confirmed) if the staff considers their entry inadequate for any reason, without having to justify the decision by any means. This would nonetheless be communicated to the visitors as soon as possible.
16. Liability and exemptions
Unless expressly set out otherwise in the present Conditions, our liability in connection with any product acquired on our website will be strictly limited to the purchase price of that product. Nonetheless, and unless otherwise stipulated by law, we will not take any responsibility for the following losses, irrespective of their origins:
+ loss of income or sales;
+ business losses;
+ loss of profit or contracts;
+ loss of planned savings;
+ loss of data; and
+ loss of management time or work hours.
Due to the open nature of this website and to the possibility that errors may happen in storage or in the transmission of digital information, we do not guarantee the accuracy and security of information exchanged or obtained through this website unless expressly stated otherwise on it.
18. Viruses, piracy and other cyber attacks
You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or malicious software or material. You will not seek to have unauthorized access to this website, to the server which hosts this website or to any other server, computer or database related to our website. You commit not to attack this website via a denial-of-service attacks or a distributed denial-of-service attacks. The breach of this term goes along with the commission of infringements under the applicable legislation. We will report any such breach to said legislation to the relevant authorities and we will co-operate with them to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately. We accept no liability for any loss or damage resulting from any denial-of-service attack, virus or any other software or material which is technologically malicious or harmful to your computer, its equipment, data or material resulting from the use of this website or from downloading the contents thereof or of such contents to which this website redirects.
17. Links from our website
We may have links from our website to other websites and third party materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites and materials. Consequently, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.
18. Written communication
Applicable regulations require that some of the information or communication we send to you should be in writing. By using our website, you accept that most of said communication with us will be electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notifications, information and other communication that we provide to you electronically comply with the legal requirements and must be in writing. This condition does not affect your statutory rights.
19. Transfer of rights and obligations
The contract binding for both you and us as well as for our respective successors and assigns. You may not transmit, assign, hand over or otherwise transfer the contract, or any of the rights or obligations derived from it, without our prior written consent. We may transmit, assign, hand over, sub-contract or otherwise transfer the contract, or any of the rights or obligations derived from it, at any time during the term of the contract. To avoid any doubt, any such transmissions, assignments, hand-overs or other transfers will neither affect your statutory rights as a consumer nor cancel, reduce or otherwise limit any warranty, whether expressed or implied, which may have been provided to you by us.
20. Events beyond our control
We will not be responsible for any non-compliance, or delay in performance of any of the obligations undertaken, when such were caused by events beyond our reasonable control (“Events of force majeure”). Events of force majeure include any act, event, non-happening, omission or accident beyond our reasonable control and among others, the following:
+ Strikes, lockouts or other industrial action.
+ Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
+ Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
+ Impossibility of the use of railways, ships, aircraft, motor transport or other means of public or private transport.
+ Impossibility of the use of public or private telecommunications systems.
+ Acts, decrees, legislation, regulations or restrictions through any government or public authority.
+ Any shipping, postal or other relevant transport strike, failure or accidents.
+ Any kind of system hacking.
Our performance under any contract is deemed to be suspended for the period that any event beyond our control continues, and we will have an extension of time for said performance for the duration of that period. All reasonable means will be provided by us to finalize the events of force majeure or to find a solution which allows us to meet our obligations despite the events of force majeure.
21. Waiver
If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under the contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies nor shall it relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the contract or the Conditions. No waiver by us of any of these Conditions or of the rights or remedies derived from a contract will take effect, unless it is expressly stated to be a waiver and is communicated to you in writing as set out in the paragraph on notifications above.
22. Severability
If any of these Conditions or any provisions of the contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law without being affected by said declaration of invalidity.
23. Entire agreement
These Conditions and any document expressly referred to herein represent the entire agreement between you and us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Both you and us acknowledge that, in entering into a contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Terms.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Conditions.
24. Our right to vary these Conditions
We reserve the right to amend these Terms and Conditions. We will inform you of consequent changes. Changes are not of a retroactive nature and, except for potential exceptions in some concrete cases, they will apply 30 days after their publication in the corresponding message. If you do not agree with the changes, we recommend to not use our website.
25. Underage status
Natural persons under the age of 18 years, and generally any other person that does not have full legal capacity, must request and obtain the express authorization of the person with parental authority, guardianship or curatorship, among others the parents, guardians or legal representatives in order to enter into this contract with O Terroir dos Pardaos.
Should the aforementioned persons not obtain authorization, it will be presumed, in accordance with Spain’s jurisprudence and customary law and taking into account the low value of food products, that the under-age person has enough legal capacity to enter into this contract of agricultural product purchase, being the relationship governed by these clauses.
In the case of contract without authorization from the legal representatives, we will presume the capacity of the incapable or minor sufficient for the purchase of products of Naranjas O Terroir dos Pardaos in accordance with the customs and the jurisprudence for that purpose, as well as the type of purchased product – edible foods, that are characterized by their low value -, governed by said contract through these clauses.
In the case of a request to cancel the contract, and not being possible for any of the parties to withdraw from the contract without costs, as well as if any civil damage or responsibility arising from the execution of this contract, the burden of proof of the lack of capacity will be placed on those who legally represent the contractors or those persons, who base their claims under the premise of an alleged lack of capacity.
26. Law and jurisdiction
The use of our website and the contracts for the purchase of items through said website will be governed by Spanish law. Any dispute arising from, or related to the use of this website or to such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals in Madrid. If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
