Ordering Guide

GENERAL CONDITIONS OF SALE FOR CONSUMERS

www.deckplanet.com

2. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

• Use this Website only to make legally valid enquiries and purchases or acquisitions.
• Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
• Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The User may conclude, at his/her choice, with DECKPLANET the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users may purchase from the Website by the means and in the manner provided for. They must follow the online purchase and/or acquisition procedure of www.tienda.allgrass.netduring which various products and/or services can be selected and added to the cart, basket or final shopping space, and finally click on: "Finalise Purchase"

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.

Subsequently, the User will receive an e-mail confirming that DECKPLANET has received your order or request for purchase and/or provision of the service, i.e. the order confirmation. And, where appropriate, you will also be informed by e-mail when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it to DECKPLANET using the contact spaces on the Website or via the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, DECKPLANET is not the manufacturer of the products sold or which may be marketed on the Website. However DECKPLANET makes every effort to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information to that shown on the Website. Therefore, the User should consider not only the information provided by the Website, but also the information available on the labelling, warnings and/or instructions accompanying the product.

4. AVAILABILITY

All purchase orders received by DECKPLANET through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, ALLGrass Shop undertakes to contact the User and reimburse any amount that may have been paid as a fee. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.

Shipping costs are NOT included in the final prices of the products as shown on the Website. Thus, DECKPLANET performs delivery and/or shipping services through: Envialia, SEUR, TDN, GLS, ONTIME,DACSHER,CAT LOGISTICS,PALLETWAYS,XPO LOGISTICS, TXT LOGISCITCS,TOLOSA Y PARDO, DB SCHENKER.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

If, as a result of a computer or system error not attributable to DECKPLANET If it turns out that the prices/products offered on the website do not correspond to the actual prices/products, DECKPLANET will communicate this extraordinary circumstance to the customer and will proceed to the immediate refund of the price paid, and in no case will it be obliged to DECKPLANET to deliver the product at the price published in error, in particular where the difference between the published price and the actual price is so great as to be manifestly unrealistic or erroneous.

The accepted means of payment will be: Credit or debit card, and Bank Transfer

ALLGrass Shop uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorisations by the issuing bank, if the issuing bank does not authorise payment, DECKPLANET shall not be liable for any delay or non-delivery and shall not enter into any contract with the User.

Once DECKPLANET receives the purchase order from the User through the Website, a pre-authorisation will be made on the relevant card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, place established.

In any case, by clicking on "Finalise Purchase"The User confirms that the payment method used is his or her own.

Purchase or acquisition orders in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by ALLGrass Shop for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.

Using this payment method, the User must ensure that he/she enters the exact amount of the purchase order correctly, as well as the account number and the transfer reference. In case of error, DECKPLANET will not be able to validate the order, which will be cancelled.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries shall be made within the following territory: Spain (mainland and Balearic Islands), European Union

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, for which it is responsible, DECKPLANET is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

If the User is not going to be at the place of delivery at the agreed time slot, he/she should contact DECKPLANET to arrange delivery on another day.

In the event that 30 days have elapsed since your order has been available for delivery, and it has not been delivered for any reason not attributable to DECKPLANET , DECKPLANET shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any event, no later than 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be charged to the User.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires the ownership of the products when DECKPLANET receives full payment of all amounts due in respect of the purchase or acquisition made, including delivery charges, or at the time of delivery, if delivery takes place after full receipt of the amount due by DECKPLANET .

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood 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 will be that legally in force at any given time depending on the specific article in question.

In the same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has been made when entering the data necessary to process his/her purchase request on the Website, he/she may modify the data by contacting DECKPLANET through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on the "Finalise Purchase"You have access to the space, cart, or basket where your purchase requests are recorded and you can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the goods purchased on the Website of DECKPLANET or in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of conclusion of the contract.

In order to exercise this right of withdrawal, the User must notify its decision to DECKPLANET . You may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means he/she chooses to communicate his/her decision, must clearly and unequivocally state that he/she intends to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that ALLGrass Store makes available as an annexed part of these Terms and Conditions, however, its use is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In case of withdrawal, DECKPLANET reimburse the User for all payments received, excluding shipping costs, without undue delay and, in any case, no later than 14 calendar days from the date on which DECKPLANET is informed of the User's decision to withdraw.

DECKPLANET will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, DECKPLANET may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, whichever condition is met first.

The User can return or send the return of the products to DECKPLANET to the same place of origin from which it was sent.

And it shall do so without undue delay and in any event not later than 14 calendar days from the date on which it DECKPLANET was informed of the withdrawal decision.

The User acknowledges being aware that he/she shall bear the direct cost of returning the goods (transport, delivery), should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by DECKPLANET If you do not wish to withdraw from the contract, you will have lost your right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

Return of defective products or delivery error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, he/she should contact DECKPLANET immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, under the terms legally established for each type of product, responding DECKPLANET The customer shall be liable, therefore, for any lack of conformity that becomes apparent within three years of delivery of the product.

In this respect, the products are deemed to be in conformity with the contract provided that: they conform to the description provided by DECKPLANET and possess the qualities presented therein; are suitable for the uses for which products of the same type are normally intended; and present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the three years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, DECKPLANET shall accept no liability for the following losses, irrespective of their origin:

• any losses which were not attributable to any breach by it;
• business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
• any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the goods was concluded between them.

Likewise, DECKPLANET also limits its liability for the following cases:

• DECKPLANET applies all measures to provide a faithful display of the product on the Website, but is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
• DECKPLANET will act with the utmost diligence in order to provide the company in charge of transporting the product that is the object of the purchase order. However, it shall not be liable for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any others typical of the sector, resulting in delays, loss or theft of the product.
• Technical failures due to fortuitous or other causes that prevent the normal operation of the service via the Internet. Lack of availability of the website due to maintenance or other reasons, which prevents the availability of the service. DECKPLANET makes every effort to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
• DECKPLANET  shall not be liable for the misuse and/or wear and tear of the products that have been used by the User. At the same time, DECKPLANET shall also not be liable for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
• In general, DECKPLANET shall not be liable for any failure or delay in the performance of any of its obligations where such failure or delay is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to, force majeure:
  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations will be suspended for the period during which the force majeure continues, and DECKPLANET shall be granted an extension of the deadline for compliance for a period of time equal to the duration of the force majeure. DECKPLANET shall use all reasonable means to find a solution that will enable it to fulfil its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with DECKPLANET electronic (e-mail or notices posted on the Website).

For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information and other communications that DECKPLANET sent electronically comply with the legal requirements of being in writing. This condition shall not affect the User's statutory rights.

The User may send notifications and/or communicate with DECKPLANET through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, DECKPLANET may contact and/or notify the User by e-mail or at the postal address provided.

11. RESIGNATION

No waiver of ALLGrass Shop to a specific legal right or action or the lack of an injunction for DECKPLANET The failure of the User to comply strictly with any of its obligations shall not constitute a waiver of any other rights or remedies arising from a contract or the Conditions, nor shall it release the User from the performance of its obligations.

No waiver of DECKPLANET to any of these Conditions or to any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

12. NULLITY

Should any of these Conditions be declared null and void by a final decision of a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.

13. FULL AGREEMENT

These Terms and Conditions and any documents expressly referred to in these Terms and Conditions constitute the entire agreement between you and DECKPLANET in relation to the subject matter of the sale and supersede any prior covenant, agreement or promise agreed orally or in writing by the same parties.

The User and DECKPLANET acknowledge that they have consented to the conclusion of a contract without having relied on any representation or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or data of a personal nature that the User provides to DECKPLANET in the course of a transaction on the Website, will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any dispute, problem or disagreement arising out of or relating to the access, browsing and/or use of the Website, or to the interpretation and performance of these Terms, or to the sales agreements between DECKPLANET and the User shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send to DECKPLANET your complaints, claims or any other comments you may have via the contact details provided at the beginning of these Terms (General Information).

In addition, DECKPLANET has official complaint forms available to consumers and users, which they can request from DECKPLANET at any time, using the contact details provided at the beginning of these Terms (General Information).

Likewise, if the conclusion of this purchase contract between DECKPLANET and the User has a dispute, the User as a consumer may request an out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.