GENERAL CONTRACTING CONDITIONS OF canarius.com

General Contracting Conditions of the web site canarius.com are established through this document, with the purpose of sale and purchase of products of Anaga Market S.L. (hereon, Canarius), with NIF B76576784 and domicile in Callejón del adelantado, 1º-6D, 38002, Santa Cruz de Tenerife, Santa Cruz de Tenerife (Spain (Only Canary Islands)), by those physical or juridical parties (hereon, contracting person or user) who manifest their will to acquire products made available at canarius.com through the request made by electronic means, more precisely, by the internet through this web site owned by Canarius.

1.- CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE CONTRACT

The present General Contracting Conditions are exposed with a permanent character on the web site canarius.com, owned by Canarius, allowing any user to file them, print them and, thereby, being previously informed of the conditions under which the contracting of products will be made (hereon, the product).

Likewise, the present general conditions are reaffirmed along with a summary of the specific request –specific contracted product/s, cost with indication of taxes if they were to be applied, etc.– for their explicit authorization from the contracting party –by clicking on “I read and agree to the conditions”– every time a specific request is made through the web site.

It’s not technically possible for the contracting person to be able to make the request without having agreed to the acceptance of the present General Conditions. For the contracting person to be able to perform this acceptance and, thereby, make the request, the person must provide his/her data when placing the order on canarius.com, at which moment he/she accepts the present Conditions.

The contracting person, by accepting these Conditions, gives explicit and unreserved consent to Canarius to perform the necessary charging operations for acquisition of the contracted products, explicitly authorizing Anaga Market S.L. to perform charges on the payment methods that the user has selected itself, or entered from the secure area enabled for this purpose, in accordance to the regulations for payment services.

The present General Conditions, attached to the specific request made through the internet by the contracting person –also known as “particular Conditions”–, set the contract’s content between Canarius and the contracting person, who declares having the enough capacity to contract, and having read, understood and agreed to the present conditions.

Canarius, at the moment of making the contracting, and in a term non superior to twenty four hours, will send the confirmation of the request made to the e-mail address associated to the account of the contracting person.

The contracting person will have available in a permanent manner the present General Conditions on the web site. Any subsequent modification of the present General Conditions will be clearly exposed on a place with easy access on the web site canarius.com. All previously indicated documentation will be available to be printed and filed by the contracting person and he/she will be entitled to request it at any time via Customer Support or via e-mail sent to info@canarius.com.

Any request for information, or complaint considered as relevant, could be presented to the Customer Support Service to the address indicated in the previous paragraph. The service will acknowledge receipt of the complaint submitted through sending an appropriate receipt –with the corresponding identifying code– to the e-mail address that should be provided to the Customer Support Service in order to process the complaint.

2.- PURPOSE

By the present contract Canarius commits to delivering to the contracting person the product that he/she had selected through the web site canarius.com in exchange for a certain price and in regard to the conditions established on this document.

3.- Canarius'S RIGHTS AND OBLIGATIONS

3.1. Product delivery

Canarius commits itself to deliver the product in a perfect condition to the address indicated by the contracting person on the order form, where the particular conditions attached to the present general conditions lie. Canarius will not be responsible for mistakes caused in the delivery when the data introduced by the contracting person on the order form don't adjust to reality or had been omitted.

Unless the parties agree differently, Canarius will deliver the product through transmission of its material possession or control to the contracting person, with no undue delay and in agreement with the terms indicated on the web site, which in no case will exceed thirty calendar days counting from the conclusion of the contract.

Products offered on the web site are bounded to stocks limits. In the event that the product requested by the contracting person couldn't be supplied due to unavailability, the contracting person will be informed in the product page of its unavailability before making the purchase and, in any case, by e-mail once the purchase request has been received. If this weren't informed and the contracting person acquired any product out of stock, the paid amount would be returned without undue delays.

3.2. Owner’s responsibility

Canarius will in no case be responsible for anything related to:

3.2.1. Mistakes, delays in the access made by the contracting person when entering his/her data in the order form, slowness or impossibility of confirmation of the request or any abnormity that may arise when these incidents occur due to internet problems, fortuitous events or force majeure and any other unforeseen contingency external to the good will of the Canarius. In any case, Canarius will commit itself to solving problems that may arise and to offer all of the necessary support in order to arrive to a quick and satisfactory solution for the incident.

3.2.2. Mistakes or damages produced by inefficient use of the product and bad will from the contracting person.

3.2.3. Non operability of the e-mail address provided by the contracting person in order to receive the order confirmation.

3.2.4. Canarius has absolute responsibility for the products' quality admitting devolution of it as long as these are defective or don't arrive to the contracting person in the appropriate conditions. The contracting person must file the complaint for the devolution through the web site itself in its specific section in order to be able to perform an effective following of the incident. Canarius will take charge, in this case, of the expenses caused as a consequence of such devolution as long as the contracting person communicates this situation, in the term of fourteen days counting from the delivery date and as long as the product hadn't been consumed or altered in any form. Canarius remains exempt of all responsibility related to possible breaks or flaws on the product that had occurred after delivery of the product, likewise, Canarius will have no responsibility related to the product that was already been consumed or used without any incidence by the contracting person that seeks to file a complaint.

The contracting person, before signing the delivery note of the product, shall check that the product had been delivered in perfect conditions, if he/she shows conformity at the time of delivery it is understood by both parties that the product was delivered correctly and, therefore, any possible deterioration was produced after delivery.

3.2.5. The Contracting person explicitly disclaims any contractual or extra-contractual responsibility for possible damages or harm derived from what’s been previously mentioned in this clause. In any case, the responsibility of Canarius if it breaks what’s indicated on this agreement in agreement, under the terms of the present general conditions, will be limited to refund the amount that, if any, could have been paid by the contracting person and always afetr the devolution from the contracting person of the product in question.

3.2.6. The contracted product counts with the conformity guarantee foreseen in the law. If the product were not in accordance with the contract, the contracting person may choose between demanding repairing or substitution of the product, or, where applicable, reduction of its price or resolution of the contract, under the previously established terms.

4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PERSON

4.1. Payment

The contracting person commits to effectively paying for the requested product in the amount and manner established in these Conditions.

4.1.1. Amount

Remuneration for the product effectively requested by the contracting person will be the one indicated on the web site, and the one appearing on the contracting person’s concrete order at every moment (except in the case of a typographic or manifest mistake); requests that will establish the particular order’s conditions.The product price shown on the web site is always indicated in Euro with taxes included.

In the case of an error in the price of the product requested by the contracting person, Canarius will inform you as soon as possible and will give you the choice of reaffirming the request at the right price or cancelling it. In the event that the contracting person couldn’t be contacted, the order would be considered as cancelled and the paid amounts would be integrally reimbursed, with no right to any type of compensation.

The complete final price will include: taxes or rates, amount of increments or discounts applicable to the offer and additional expenses –for example, the ones associated to transport, payment methods, etc.– that are passed to the contracting person, which will be explicitly accepted by the contracting person.

In no case, charges that exeed the cost borne by Canarius for the use of certain payment methods will be billed to the contracting person.

Canarius will issue the corresponding bill for the product, detailing all the concepts that are part of it. The contracting person explicitly consents to the remission of an electronic invoice to the e-mail address provided to process the order. At any time, the Contracting can communicate his wish to receive all bills in paper, by writing to Customer Support Service.

4.1.2. Payment methods

The contracting person should pay the corresponding amount to the contracted product through some of the payment methods/procedures available on the web site. The additional costs associated with the payment methods selected should be paid and confirmed in an independent way under the terms indicated on the web site.

4.2. Withdrawal

The contracting person, which has the status of consumer, can withdraw the contracting made on canarius.com within fourteen natural days with no need of excuses, counting from the delivery day of the last product included in the contract,except in the case of a contract for regular delivery of products during a specified period, in such case the term to exercise withdrawal will star with delivery of the first asset.

The contracting of products that by their nature cannot be returned due to fast expiration or deterioration cannot be subject to withdrawal, same as those that being sealed had been unsealed after delivery and become no longer apt to be returned due to protection of health or hygiene reasons.

In order to exercise the right to withdrawal, the contracting person should notify its decision to withdraw from the contract through an unequivocal notification to: Canarius, at Callejón del adelantado, 1º-6D, 38002, Santa Cruz de Tenerife, Santa Cruz de Tenerife (Spain (Only Canary Islands)) or at info@canarius.com, indicating withdrawal of the contract and providing the following information: order reference, reception date, the contracting person's name and last name, and address. Likewise, he/she could use the form model foreseen in the current regulations on protection of consumers and users. In the event of written withdrawal, it should be properly signed by the contracting person. In order to meet the deadline, it is sufficient if the notification is dispatched before the expiry of the deadline.

In the event of withdrawal by the contracting person, Canarius will return all payments received, not including delivery expenses, with no undue delay. Such refund will be made using the same payment method used in the initial transaction, unless the opposite had been explicitly agreed upon; in any case, this will not result in any expense as a consequence of the refund. Canariusmay withhold the reimbursement until the receipt of products had occurred or until a proof of their devolution had been presented.

The contracting person shall directly return or deliver the products to Canarius in: Canarius, Callejón del adelantado, 1º-6D, 38002, Santa Cruz de Tenerife, Santa Cruz de Tenerife (Spain (Only Canary Islands)), with no undue delay and, in any case, at the latest within fourteen calendar days from the date when the withdrawal from the contract decision is communicated. The term will be considered as met if devolution of the products is made before the period has ended.

The contracting person must assume direct cost of the products' devolution. Such cost is calculated to rise at approximately –at most– the same amount paid for the products to be delivered.

The contracting person is responsible for the decrease of value of the products resulting from different manipulation than the one necessary to establish the nature, characteristics and functioning of the products.

4.3. Contracting person's responsibility

In any case, the contracting person will be responsible for:

The contracting person assumes all risk of deterioration, impairment, harms and lost of the product from the moment when this is set for disposal by the third party who, on behalf of Canarius, makes the delivery of the requested product.

The contracting person commits himself to checking the good condition of the product in front of the third party who, on behalf of Canarius, makes the delivery of the requested product, checking that he/she will make prior to the signing the receipt of the delivery.

5.- RESOLUTION

Canarius and the contracting person may terminate this contract by any of the causes established by law and particularly for breach of the present General Conditions. The termination of the contract may be exercised by contacting the other party in: the post address indicated by the contracting person at the time of contracting the service, and in the Canarius’s domicile, properly identifying the contract intending to solve.

6.- COPYRIGHT AND TRADEMARK RIGHTS

Canarius declares that the own contents, programming and design of the web site canarius.com, are fully protected by copyright, being explicitly prohibited all reproduction, communication, distribution and transformation of the referred protected elements unless there’s explicit consent ofCanarius. Canarius can use external sources for the elaboration of its contents in certain occasions and/or establish links or hyperlinks to articles or information from third parties always quoting the source. The legitimate owner of the copyright of such information thereby included could request, at any time, the elimination of such references.

7.- DATA PROTECTION

All data provided by the contracting person in accordance with these general conditions shall be treated within the terms set on the Privacy Policy on the web site.

8.- APPLICABLE LAW AND JURISDICTION

The present general conditions are governed by the Spanish legislation. All courts from Santa Cruz de Tenerife are competent to solve any controversy or conflict derived from the present general conditions, with the contracting person renouncing explicitly to any other jurisdiction that might correspond to him.

9.- OTHERS

9.1. Cancelled clause

In the event that any clause from the present document is declared invalid, other clauses will remain in full force and shall be interpreted taking into account the will of the parties and the purpose itself of the present conditions. Canarius may no longer make use of any of these rights conferred in this document, which will not imply in any case a renouncement to them unless explicit acknowledgement is given by Canarius.

9.2. Products

The product images on our web pages are for reference only, and do not depict the actual goods being offered for sale. Product descriptions and any details in the catalogue, newsletter and on the website carry no guarantee or warranty, expressed or implied, and may contain errors.

Products may change their aspect through time and may be manipulated in different ways. Items longer than 105 cm do not fit in the postal box, therefore all parts above 90 cm will be bent or cut off. Living plants may be bare rooted or pruned according to the season or to the phytosanitary requirements of the different countries.

The contract is concluded on written acceptance of the order (order confirmation) or on delivery of the goods. All prices are given in euros. Goods remain in our ownership until full payment is made and received. No reservations of products are accepted unless full payment is received.

9.3. Delivery

After your payment has been received by Canarius, the goods that you have ordered will be packed, shipped and delivered to you by mail. All mentioned delivery times are only an indication and cannot lead to any rights or liabilities. If you have received goods from Canarius that you have not ordered, you should inform us of this as soon as possible.

Damage to, or partial loss of shipments must be noted on receipt by the deliverer on the shipping documents. We can file a claim for damaged or lost shipments with the shipping company on your behalf. Compensation for damaged or lost shipments may be given in the form of replacements where applicable.

9.4. Cancelling, returning and exchanging

Cancellations will only be accepted for orders not yet processed. A restocking fee may apply if orders have already been processed when cancelled. After you have placed an order, you may cancel it within 1 to 3 days after having paid, on condition that the order has not yet been packed. In case the order has been shipped, you may return the goods within 14 days after having received the order. Shipping costs will be paid by the client.

If you would like to exchange an article, you may do so within 14 days after the article has been delivered to you. First you should return the article that you would like to exchange to Canarius . After we have received the article, we will send you the replacing article. Perishable articles will be not be replaced.

Canarius  keeps a high standard in packaging and shipping. Should you in spite of this, receive a damaged or incomplete article, you should inform us about it within 48 hours after receiving the article, by sending an email to info@canarius.com. We will do our best to replace products that arrive in bad conditions due to our handling, and after consultation with you, we will send you a replacement article. Shipping costs for returning the article that has to be replaced, will be paid by the client.

9.5. Minimum Order

For logistical and operational reasons, we have established a minimum order depending on the destination:

• Canary Islands: 100 €.
• Mainland Spain (only wholesale orders): 300 €.
• Rest of the world: 150 €.

9.6. Import documents and regulations

We can prepare DUA Customs Export Documents for any shipment. For plants, we will obtain a phytosanitary certificate for each shipment, and can get a CITES Export Permit when necessary. We can obtain "Additional Declarations" for the phytosanitary certificate, as required by some countries for some types of plants and pest.

It is your responsibility to get all the information about norms, regulations and requirements concerning the import of our products. We will not be responsible for not meeting the requirements of import regulations of your country. Shipping and importation are at your risk and expense. Costs incurred through import duties, inspection charges, treatments and similar ones are solely your responsibility.

9.7. Deferred shipping or order reservation

If you wish, we can delay sending your order up to one month from the payment date. If you want us to postpone the shipment of your order for a longer time, you must pay 10% of the total cost of the plants for each additional month. In the event that after a few months, you would like to cancel the reserved order, the total cost will be refunded except for the amount due to reservation of the order during all that time. Please, contact us if you wish to postpone the shipping of your order.

9.8. Mandatory phytosanitary treatment for non-EU customers

All orders with destination outside the European Union (except Switzerland) will have a mandatory additional charge of € 35 for insecticide and fungicide treatment in order to expedite customs procedures. This treatment will be optional for EU customers, who may request it when confirming their order.