This website, https://econaturfruits.es (hereinafter the Website), is owned by: Econatur Fruits S.L., holder of tax number (CIF) B-98373533 and registered in the Commercial Registry of Valencia.
Address: Calle Mustassaf nº 3
46687 Albalat de la Ribera, Valencia. Spain
Contact telephone: +34 637 582 047
Contact email: pedidos@econaturfruits.es
This document (together with all the documents mentioned in it) governs the terms on which this Website (econaturfruits.es) may be used and on which products and/or services may be bought or acquired through it (hereinafter, the Conditions).
For the purposes of these Conditions, the activity that Econatur Fruits carries out through the Website is understood to comprise: retail sale of fruit, vegetables and honey.
As well as reading these Conditions, before accessing, browsing and/or using this website the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy and the privacy and data protection policy of Econatur Fruits. By using this Website, or by placing and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above; if you do not agree with all of it, you should not use this Website.
Please note also that these Conditions may be amended. The User is responsible for reading them each time they access, browse and/or use the Website, since the Conditions that apply are those in force at the moment the purchase of products and/or services is requested.
For any question the User may have about the Conditions, they may contact the owner using the contact details given above or, where appropriate, using the contact form.
2. The user
Accessing, browsing and using the Website confers the status of user (hereinafter referred to, indistinctly, individually as the User or together as the Users), and therefore all the Conditions set out here are accepted from the moment browsing of the Website begins, as are any subsequent amendments to them, without prejudice to the application of the relevant mandatory legal rules in each case.
The User accepts responsibility for correct use of the Website. That responsibility extends to:
Using this Website only to make enquiries and legally valid purchases or acquisitions.
Not making any false or fraudulent purchase. If it could reasonably be considered that a purchase of that kind has been made, it may be cancelled and the relevant authorities informed.
Providing truthful and lawful contact details, for example an email address, a postal address and/or other details (see the Legal Notice and General Conditions of Use).
The User declares that they are over 18 and have legal capacity to enter into contracts through this Website.
The Website is aimed principally at Users resident in Spain. Econatur Fruits does not warrant that the Website complies, whether wholly or in part, with the laws of other countries. Econatur Fruits disclaims all liability that may arise from such access, and likewise does not guarantee shipping or the provision of services outside Spain.
3. The purchase process
3.1 Completing the purchase
Duly registered Users may buy on the Website by the means and in the ways established. They must follow the online purchase process of econaturfruits.es, during which various products and/or services may be selected and added to the basket, cart or final purchase area and, finally, click on https://econaturfruits.es/carrito
At the time of purchase the User acknowledges being aware of the particular conditions of sale concerning the product, including but not limited to, and depending on the case: name, price, components, weight, quantity, colour, product details or characteristics, the way the services will be carried out and/or their cost; and acknowledges that placing the purchase order constitutes full and complete acceptance of the particular conditions of sale applicable in each case.
The User must also complete and/or check the information requested at each step, although the purchase details may be changed during the purchase process, before payment is made.
The User will then receive an email from Econatur Fruits confirming their order or purchase request. When the order is dispatched they will also be told by email. This information may also be consulted by the User in their personal area.
Once the purchase process has been completed, an electronic invoice is generated and sent to the User by email and, where applicable, through their personal area on the Website. The User may also, if they wish, obtain a paper copy of their invoice by requesting it from: pedidos@econaturfruits.es
The communications, purchase orders and payments involved in transactions carried out on the Website may be filed and kept in the computerised records of Econatur Fruits so as to constitute evidence of the transactions, in all cases respecting reasonable security conditions and the laws and regulations in force that apply in this regard, and in particular the data protection legislation in force and the rights of Users under the privacy policy of this Website (Legal Notice, Privacy Policy and General Conditions of Use).
3.2 Products
Although Econatur Fruits makes great efforts to ensure that the information shown on the Website is correct, on occasion the packaging and/or the materials and/or the components of the products may contain information that is additional to or different from that appearing on the Website. The User must therefore take into account not only the information supplied by the Website but also the information available on the labelling, the warnings and/or the instructions that come with the product.
4. Availability
All purchase orders received by Econatur Fruits through the Website are subject to the availability of the products, or to force majeure (clause nine of these Conditions) affecting their supply. In that case Econatur Fruits undertakes to contact the User and refund any amount that may have been paid, as set out in article 107 of Spanish Law 3/2014 of 27 March on retail trade.
5. Prices and payment
The prices shown on the Website are final prices, in Euros (€), and include taxes, unless a legal requirement — particularly in relation to VAT — provides otherwise and it is stated and applied as such. Econatur Fruits guarantees the price of the products in the purchase for which the User has received confirmation. No additional prices will be applied automatically to the product that have not been freely chosen by the User.
The payment methods accepted are: PayPal (payment by PayPal account or by credit or debit card) and bank transfer.
By clicking on “https://econaturfruits.es/finalizar-compra” the User confirms that the payment method used is theirs or that, where applicable, they are the lawful holder of the gift card or credit voucher.
Econatur Fruits will charge for the order at the moment a confirmation of the purchase order is sent to the User.
Econatur Fruits uses every means to guarantee the confidentiality and security of the payment details transmitted by the User during transactions on the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Purchase orders in which the User selects bank transfer as the payment method will be held for 5 calendar days from confirmation of the order, so as to allow enough time for the bank transfer to be registered by the payment system used by Econatur Fruits for the Website. When the system receives the transfer, the order will be prepared and processed for dispatch.
6. Delivery
The products purchased will be delivered within the following territory: Spain (mainland). The products purchased by the User will be sent to the address they indicate once payment has been verified.
If you wish to place an order from abroad or from the islands, please ask us so that we can quote you for the shipping costs.
If for any reason attributable to it Econatur Fruits is unable to meet the delivery date, it will contact the User to tell them so, and the User may choose either to go ahead with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. In all cases, home deliveries are made on working days.
If it proves impossible to deliver the order because the User is not there, the order may be returned to the warehouse. The courier will, however, leave a note explaining where the order is and how to arrange for it to be delivered again.
If the User is not going to be at the delivery address during the agreed time slot, they should contact Econatur Fruits to arrange delivery on another day. They may do so at pedidos@econaturfruits.es or on +34 637 582 047.
If 6 days pass from the moment the order is available for delivery without it having been delivered for reasons not attributable to Econatur Fruits, Econatur Fruits will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of that termination, all payments received from the User will be refunded, except for any additional costs arising from the User’s own choice of a delivery method other than the least expensive ordinary delivery offered by the Website, without undue delay and in any event within a maximum of 14 calendar days from the date the contract is considered terminated.
The User should nonetheless bear in mind that the transport arising from that termination may carry an additional cost, which may be passed on to them.
For the purposes of these Conditions, delivery is understood to have taken place, or the order to have been delivered, at the moment the User or a third party indicated by the User takes possession of the products, which shall be evidenced by the signature acknowledging receipt of the order at the agreed delivery address.
Any risks arising from the products shall be the User’s responsibility from the moment of delivery. The User acquires ownership of the products when Econatur Fruits receives full payment of all sums owed in relation to the purchase made, including shipping costs, or at the moment of delivery, if this takes place after Econatur Fruits has received the full amount payable.
In accordance with Spanish Law 37/1992 of 28 December on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the one legally in force at any given time depending on the specific article concerned.
7. Returns policy
Users are informed that if they notice an error in entering the data needed to process their purchase request on the Website, they may correct it by contacting Econatur Fruits through the contact channels provided on the Website and, where applicable, through those provided for contacting customer service.
Users are likewise referred to the Legal Notice and General Conditions of Use for further information on how to exercise their right of rectification as set out in Regulation (EU) 2016/679 (GDPR) and in Spanish Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.
7.1 Right of withdrawal. Returns at the customer’s decision
Exception for fresh produce. Fruit and vegetables are picked when the User places the order and are prepared for that particular order. As they are goods liable to deteriorate or expire rapidly, they are excluded from the right of withdrawal, in accordance with article 103.d) of the consolidated text of the Spanish General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007 of 16 November). Put another way: a box of fresh fruit cannot be returned because of a change of mind.
This exception does not affect the non-perishable products in the catalogue — honey, for instance — which do allow withdrawal on the terms of this section, provided they are returned unopened and in their original packaging.
Nor does it affect the User’s rights when the product arrives in poor condition, incomplete or not matching what was ordered: in that case section 7.2 applies, and Econatur Fruits is liable.
The User has the right to withdraw from the purchase within 14 calendar days without needing to give a reason.
That withdrawal period expires 14 calendar days from the day on which the User, or a third party authorised by them other than the carrier, took possession of the products on the Econatur Fruits Website or, where the goods making up the order are delivered separately, 14 calendar days from the day on which the User, or a third party authorised by them other than the carrier, took possession of the last product making up that same purchase order.
In the event of withdrawal, Econatur Fruits will refund the User all payments received, including shipping costs (with the exception of any additional costs arising from the User choosing a delivery method other than the least expensive one offered on the Website) without undue delay and in any event no later than 14 calendar days from the date on which Econatur Fruits is informed of the User’s decision to withdraw.
Econatur Fruits will refund the User using the same payment method they used for the original purchase transaction. That refund will not give rise to any additional cost for the User. Econatur Fruits may, however, withhold the refund until it has received the purchased products or items, or until the User provides proof of having returned them, whichever comes first.
Econatur Fruits will arrange a collection with the transport company for the products the User wishes to return.
The User acknowledges being aware that they must bear the direct cost of returning the goods (transport, delivery), if any is incurred.
In all cases, no refund will be made if the product has been used beyond merely opening it, for products that are not in the same condition in which they were delivered, or that have suffered damage after delivery.
Products must also be returned using or including all their original packaging, the instructions and any other documents that came with them, together with a copy of the purchase invoice.
7.2 Faulty products or errors in the order.
Where the User considers that, at the time of delivery, the product does not match what was agreed in the contract or purchase order, they must contact Econatur Fruits immediately and inform it of the discrepancy (fault/error) by the same means, or using the contact details given in the previous section (Right of Withdrawal).
The User will then be told how to proceed with returning the products, and those products, once returned, will be examined and the User will be informed, within a reasonable period, whether a refund or, where applicable, a replacement is appropriate.
In the case of a refund, the User will receive the full amount and, where appropriate, the delivery costs they may have incurred in making the return. The refund will be made by the same payment method the User used to pay for the purchase.
7.3 Guarantees
The User, as a consumer, has guarantees over the products they may buy through this Website, on the terms legally established for each type of product; Econatur Fruits is therefore liable for any lack of conformity that becomes apparent within two years of the product being delivered.
In this respect, products are understood to conform to the contract provided that: they match the description given by Econatur Fruits and have the qualities presented in it; they are fit for the purposes for which products of that type are ordinarily used; and they show the quality and performance usual in a product of the same type and that can fundamentally be expected of it. Where this is not the case with the products delivered to the User, they should proceed as set out in the section on returning faulty products or errors in the order.
Some of the products sold on the Website may, however, show non-uniform characteristics, provided these derive from the type of material they are made of, and which will therefore form part of the individual appearance of the product and will not be a defect.
8. Exclusion of liability
Save where the law provides otherwise, Econatur Fruits will accept no liability for the following losses, whatever their origin: any losses not attributable to any breach on its part; business losses (including loss of profit, of income, of contracts, of anticipated savings, of data, loss of goodwill or unnecessary expenditure incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between them was entered into.
Econatur Fruits likewise limits its liability in the following cases:
Econatur Fruits applies every measure to provide a faithful display of the product on the Website; it is not, however, responsible for the slight differences or inaccuracies that may exist owing to a lack of screen resolution, or problems with the browser used, or others of that kind.
Econatur Fruits will act with the utmost diligence in making the product covered by the purchase order available to the company responsible for transporting it. It is not, however, responsible for harm arising from a malfunction of the transport, particularly for causes such as strikes, hold-ups on the roads and, in general, any others inherent to the sector, resulting in delays, loss or theft of the product.
Technical failures which, for fortuitous or other reasons, prevent the service working normally over the internet. Unavailability of the Website for maintenance or other reasons, preventing the service from being available. Econatur Fruits puts every means at its disposal into carrying out the process of purchase, payment and dispatch/delivery of the products; it is nonetheless exempt from liability for causes not attributable to it, fortuitous events or force majeure.
Econatur Fruits will not be liable for misuse and/or wear of products that have been used by the User. Nor will Econatur Fruits be liable for a return made in error by the User. It is the User’s responsibility to return the correct product.
In general, Econatur Fruits will not be liable for any failure or delay in performing any of the obligations it has assumed where this is due to events outside its reasonable control, that is, due to force majeure, which may include, by way of example but not exhaustively:
Strikes, lock-outs or other industrial action. Civil unrest, riot, invasion, terrorist threat or attack, war (declared or not) or the threat or preparation of war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations will accordingly be suspended for the period during which the force majeure continues, and Econatur Fruits will have an extension of the time for performing them equal to the duration of the force majeure. Econatur Fruits will use all reasonable means to find a solution allowing it to perform its obligations despite the force majeure.
9. Written communications and notices
By using this Website, the User accepts that most communications with Econatur Fruits will be electronic (email or notices published on the Website).
For contractual purposes, the User consents to using this electronic means of communication and acknowledges that every contract, notice, piece of information and other communication that Econatur Fruits sends electronically meets the legal requirement of being in writing. This condition does not affect the rights the User has by law.
The User may send notices and/or communicate with Econatur Fruits through the contact details given in these Conditions and, where applicable, through the contact channels on the Website.
Likewise, unless otherwise stipulated, Econatur Fruits may contact and/or notify the User at the email address or postal address provided.
10. Waiver
No waiver by Econatur Fruits of a particular right or legal action, nor any failure by Econatur Fruits to require strict performance by the User of any of their obligations, shall amount to a waiver of other rights or actions arising from a contract or from the Conditions, nor shall it release the User from performing their obligations.
No waiver by Econatur Fruits of any of these Conditions or of the rights or actions arising from a contract shall take effect unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
11. Entire agreement
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Econatur Fruits in relation to the subject of the sale and replace any other prior arrangement, agreement or promise made verbally or in writing by the same parties.
The User and Econatur Fruits acknowledge having consented to entering into a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
12. Data protection
The information or personal data that the User provides to Econatur Fruits in the course of a transaction on the Website will be processed in accordance with the data protection policies (PRIVACY POLICY).
13. Complaints and claims
The User may send Econatur Fruits their complaints, claims or any other comment they wish to make through the contact details given at the beginning of these Conditions (General Information).
Econatur Fruits also holds official complaint forms available to consumers and users, which they may request from Econatur Fruits at any time using the contact details given at the beginning of these Conditions (General Information).
Likewise, if a dispute arises out of this contract of sale between Econatur Fruits and the User, the User as a consumer may seek an out-of-court settlement of the dispute, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can use this route at the website: http://ec.europa.eu/consumers/odr/.