General Purchase Conditions
The purpose of these 99th General Contracting and Use Conditions is to regulate the provision of the information provided in the online store at https://hugobonsai.com/ as well as commercial transactions that arise between GRUPO EMPRESARIAL MASERGON SL (hereinafter, HUGO BONSAI) and domain users https://hugobonsai.com/
By clicking on "Complete Purchase" you are making a binding order for the items that appear in your basket. Once you have issued your order, we will immediately send you an email with its confirmation. The binding contract is formalized at the time you receive the order confirmation from us. Please note that orders placed by bank transfer will be shipped as soon as we receive payment of the full purchase price, as well as any shipping costs. Therefore, we ask you to make a transfer for the purchase price immediately after receiving the order confirmation, and in any case, within the following 7 days.
In any case, the user prior to contracting, and in any case during the purchase process, may access, file and print these Conditions for consultation, in addition to sending them together with the confirmation of the order placed.
It will be an essential requirement to read and accept by marking the corresponding box of the General Contract Conditions, prior to the purchase of any product through https://hugobonsai.com/
Do not contract if you consider that you are not sufficiently informed.
HUGO BONSAI may at any time and without prior notice, modify these general conditions of contract and use, by publishing said modifications in the store so that they can be known by users, and recording the date of said modifications. modifications. Consequently, it will be the responsibility of all Users to carefully read these General Conditions of Contract and use in force on each of the occasions in which they access this Website, so that, if they do not agree with any of the same provided herein, you must refrain from the use and acquisition of products or services from this Website.
The User undertakes to use the Content in a diligent, correct and lawful manner and, in particular, undertakes to refrain from (a) using the Content in a manner, for purposes or effects contrary to the law, morality and good customs or to public order; (b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless the authorization of the holder of the corresponding rights is obtained or it is legally permitted; (c) delete, evade or manipulate the "copyright" and other identifying data.
1. LEGAL INFORMATION AND GENERAL PURCHASE CONDITIONS.
1.1. Identification of the service provider.
In compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the identifying data of the owner of the online store accessible at https://hugobonsai.com/ are:
▪ Company Name: MASERGON BUSINESS GROUP SL
▪ Registered office: Calle Olivos, 43 (28971 – Griñón) in Madrid
▪ CIF: B88299243
▪ Telephone: 699.84.24.14
▪ Email: info@hugobonsai.com
1.2. Description.
Through these General Purchase Conditions, HUGO BONSAI offers its users and visitors the possibility of making the online purchase of tool products for bonsai from scissors, pruners, rakes, pliers, kits and cases, bonsai accessories and fertilizers. of bonsai for the development and growth of the plant. In addition to establishing communication with the user.
HUGO BONSAI may change at any time and without prior notice, the design, presentation and/or configuration of the Website https://hugobonsai.com/, as well as some or all of the services.
1.3. Exception to Purchase Conditions.
These General Purchase Conditions apply to the sale of all items that HUGO BONSAI sells through https://hugobonsai.com/, exclusively addressing an audience over 18 years of age.
HUGO BONSAI reserves the right to cancel a client's access account if fraudulent acts are detected, not being over 18 years of age, speculative or in bad faith in the use of this service.
Likewise, HUGO BONSAI reserves the unilateral right to modify these General Purchase Conditions applicable to its On-Line Store in any case.
2. ONLINE PURCHASE PROCESS.
2.1 Our products, how to find them?
HUGO BONSAI puts at your disposal a virtual store that offers all kinds of bonsai tool products from scissors, pruners, rakes, pliers, kits and cases, bonsai accessories and bonsai fertilizers for the development and growth of the plant, so that make it easier for you to find them.
From the home page, all levels of product families are accessed through a button panel located at the top and bottom, and on the inside pages through a drop-down.
In addition, you can find HUGO BONSAI products through the search engine, where you just have to enter a keyword (which can be the name of the product, characteristics and even incomplete words) and hit the search button.
All products have a detailed file, which includes a photograph, the name, the description and the price with taxes included. The images on the web are indicative and may differ from the real ones due to the configuration of the computer systems or computers used by users to view them, so the description of the product must be taken into account. For the purposes of the purchase contract, the description of the Product contained in the order form sent to the user will prevail.
All the prices shown are final prices, expressly including the Value Added Tax (VAT) applicable in Spain, at the time of the purchase, notwithstanding that the user will have detailed information on the price of the product at all times. .
You will also be informed of the shipping method and delivery times.
The prices that appear on the product sheets constitute an invitation for the customer to make an order proposal; therefore, if there is an error in them, HUGO BONSAI will inform the client of this circumstance and will not process the order.
2.2 Buy at HUGO BONSAI
To be able to buy at HUGO BONSAI it is not necessary to register previously.
If you decide to register, registration on our website is free. To register, the user must complete the registration form, entering the email, address, email, delivery address, ID, password, delivery address if different.
Once you have registered as a user, you will only have to select the products you want and, once finished, access the Shopping Cart and finish the process by clicking on checkout. If you wish, you can also select the products in advance and register before completing the purchase process.
Before finalizing the registration as a user, since you will provide us with personal data, we will ask you to read and accept our Privacy Policy where we collect the terms of the processing of your personal data in accordance with the GDPR and LOPDGDD.
By creating a user account within HUGO BONSAI we will provide you with the following accesses to our page, your purchases and, as a registered Customer, you will be able to receive discounts, promotions and exclusive sales that we make, through email, in addition to not having to enter your data in the purchase form each time you buy at HUGO BONSAI.
To register as a User, enter your data in the MY ACCOUNT Form. The registration credentials must be used exclusively by the user and cannot be transferred to third parties.
The user undertakes to keep them secret and to ensure that no one has access to them, as well as to inform HUGO BONSAI without delay by contacting them by email, in case of suspicion of improper use and/or disclosure thereof.
Once the account is generated, we will send you an email to the email address provided confirming your registration as a user and you can create a personalized password, entering an access password (with a minimum of five characters) in our web link. Order confirmations will be sent to that address. In this sense, you can state an address for billing purposes other than the one entered in the previous step.
The user guarantees that the personal information provided during the web registration process is complete and truthful. Each user can register on our website only once. It is prohibited for the same user to make multiple registrations.
2.3 Availability of products.
The selection of products offered through our online store is valid as long as the products are visible, with the available stock limits. As it is electronic commerce, the stock is updated online, so it could happen, eventually, that the stock runs out during the purchase process, therefore not being able, in these cases, to continue with the sale that has started.
In the event that there is a stock out or occasional unavailability of an item, HUGO BONSAI will contact the Client to notify them as soon as possible and give them a new delivery period or, if it is not possible to serve said product, proceed to its cancellation or offer
exchange for another product of similar characteristics and price. The user shall have the right to immediately terminate the contract.
In any case, a delay in delivery with respect to the indicated deadlines will not entitle the Client to demand any compensation.
2.4 How is the order processed?
When we click on the FINISH PURCHASE button (after having selected the products and units), a secure connection is established, through SSL, where you must enter a series of data in the following forms:
▪ Contact Information.
▪ Email address.
▪ Delivery address details, if they are not the same as those you have provided in the Contact details. ▪ Form of payment.
▪ Telephone.
Once the required information has been entered, you will have to press the MAKE PAYMENT button to formalize the purchase and send us your order.
HUGO BONSAI informs you that it will file the electronic document formalizing the contract and it will be available to users requesting access by email to info@hugobonsai.com
Once the order has been formalized, HUGO BONSAI will send you an email confirming receipt, delivery and formalization of the contract with detailed information on the purchase made, including our fiscal data.
2.5 Transportation and Shipping Costs.
For the shipping cost we have a shipping calculator that determines the shipping cost according to the city. Depending on the shipping area the costs vary.
▪ On the peninsula (Spain and Portugal)
o For all orders over €60, within the peninsula (Spain and Portugal) shipping costs are FREE.
o For orders equal to or less than €60, the shipping cost is €3.99
o The courier service, the estimated delivery time will be in 24/48 hours.
▪ Balearic Islands
o For orders over €70, shipping costs are FREE.
o For orders equal to or less than €70, the shipping cost is €6.99
o The courier service, the estimated delivery time will be in 48/72 hours.
▪ Italy and France
o The shipping cost is €8, depending on the region.
o The courier service, the estimated delivery time will be 3-7 business days.
▪ If you want to make a purchase from outside Spain to a country other than Portugal, Italy or France, contact us through the contact form, Whatsapp or email and we will tell you the shipping options available.
▪ The products will be sent through transport companies. Orders will not be served at PO Boxes or other non-permanent addresses.
▪ Shipping costs include handling and packaging costs, as well as postal costs.
The amount of shipping costs borne by the user in relation to a specific order, is indicated expressly and separately (in Euros and VAT included) during the purchase process, in the order summary and, in any case. , before the user proceeds to transmit it.
If for any reason HUGO BONSAI cannot meet the delivery date, we will contact the buyer to give them the option of going ahead with the purchase, establishing a new delivery date or proceeding to cancel the order and refund it in full. of the price paid.
It will be understood that the order has been delivered at the moment in which the buyer acquires possession of the product and is accredited by signing the receipt of the order at the agreed delivery address.
The order will be sent to the address you indicated at the time you made your purchase. HUGO BONSAI is not responsible for problems that may arise with the shipment if the buyer provides an incomplete or wrong address.
HUGO BONSAI is not responsible for any delay caused in transport by:
▪ Incorrect or incomplete address.
▪ Do not indicate a contact telephone number.
▪ Carrier strikes.
▪ Adverse weather conditions.
2.6 What means of payment can I use?
Payment will be made at the end of the purchase process and will be an essential condition for its formalization.
We support the following payment systems:
2.6.1 Card payment
If you choose the card payment option, you can pay for your purchases through the following payment methods: VISA, VISA Electron, MasterCard and AMEX.
For your security, we offer secure payment via SSL. This system encrypts and protects your personal data. In the event that the POS (Point of Sale Terminal) reports the refusal of the card, the order will be automatically cancelled, informing the customer of said cancellation online.
2.6.1.1 Problems when making the payment
In the event that you have a problem when trying to pay with your VISA or MasterCard, it may be for one of these reasons:
▪ It is possible that the card is not linked to a password for exclusive use for online or SMS purchases. Depending on the bank you have, you will be asked to confirm your purchase using a code that you will receive by SMS or a code from your coordinate card. You need to have this option activated to make purchases on websites with "safe purchase".
▪ Check the expiration date on the front of your card. Remember that if it expires you will not be able to make any purchase.
▪ You may have reached your card limit. Some banks establish a usage limit, for example, 600 euros per month. Consult your bank to confirm this information.
If the problem persists, you can change the payment method and pay your order with Paypal or bank transfer. 2.6.2 PayPal
In this modality, the payment will be charged as the client has contracted with Paypal. In the same way, returns in which the company has to pay some amount will be made in the same way. This mode has no cost to the customer.
2.6.3 Bank transfer
If you have chosen this method of payment, you will have to make the payment to the account indicated at all times, within a maximum period of 48 hours, otherwise the cart will be emptied. This action confirms the purchase process. The amount paid is the price shown on the website on the date and time of purchase.
At the end of your purchase, the account number of our bank is indicated. Once the transaction for the total amount owed has been received, your order will be prepared in our warehouse and sent to the indicated address once the account payment has been verified.
To make the payment of an invoice, the following must be stated:
▪ Order number, it is very important that you indicate the order number in the concept of the transfer in order to identify the payment made.
▪ Addressed to HUGO BONSAI at the account number provided by the company. ▪ Send the proof of payment of income to our WhatsApp at 699.84.24.14 or to the email info@hugobonsai.com, indicating in the subject "proof of payment".
We will not be responsible for delays in the shipment of the order due to the lack of any of the requested information.
In the event that the successful result of the payment is not confirmed, the purchase contract that you have made to us will be considered terminated by law, which we will notify you of the terms of the resolution and the consequent cancellation of the order.
3. HUGO BONSAI DISCOUNT VOUCHERS AND COUPONS
HUGO BONSAI reserves the right to deliver gift vouchers and/or promotional or discount vouchers to users and visitors of https://hugobonsai.com/, as it deems appropriate.
In order to make correct use of said coupons and discount vouchers, the code must be indicated and entered at the time of formalizing the order, applying it by HUGO BONSAI before confirming the payment.
Gift vouchers or promotional vouchers may be limited to a single use, it will be specified in that case. Gift vouchers or promotional vouchers will not be exchangeable for cash.
Discounts are not compatible with each other, unless otherwise indicated.
HUGO BONSAI may carry out specific promotions whose purpose is to regulate the allocation of gift vouchers to those users who make a certain purchase, for subsequent purchases.
at https://hugobonsai.com/ and within the period of its validity. Outside of said validity period, the gift voucher loses its effectiveness.
4. RETURNS AND CLAIMS.
The Customer may modify an order as long as it has not been issued. If, for any reason, you want to make a change to the confirmation sheet, you must notify our Customer Service Department as soon as possible via email to info@hugobonsai.com indicating the desired changes.
For its part, HUGO BONSAI may not substitute, without prior consultation with the Customer, a product requested by the Customer.
All returns of products that meet the following requirements will be accepted:
▪ The products must keep their original seal intact. The return of the product without the seal will not be accepted, unless it is due to defects of origin, in which case the exchange will be made for other equal ones.
▪ The item to be returned must be properly packaged for its return. They will be causes of return:
▪ That the product does not meet the characteristics of the file shown on our website. This refund will be made to the means of payment used by the customer by refund. ▪ That the product comes from a defective origin. In this case, the repair or exchange for another equal one will be carried out once the product to be returned has been received, unless one of these two options is impossible or, compared to the other corrective measure, involves disproportionate costs for the company. HUGO BONSAI will bear the costs of the return and reshipment.
Once the return notification is received, HUGO BONSAI will contact you to inform you how to proceed with the return. As a general rule these are the steps to follow:
You must return the product to the address indicated on the invoice that you will receive by mail, providing us with the following information:
▪ Personal Data.
▪ Your email address.
▪ Order number.
▪ Reason for the return.
▪ Date of receipt of the order.
▪ Return date.
Please return the used item in its original packaging along with any instructions, documentation, and packaging that may accompany it.
Once the merchandise to be returned due to a product defect is received, we will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable period of time if the return or replacement of the same (if applicable). The item will be returned or replaced as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the nonconforming item is returned or replaced.
In the event that the product or products cannot be replaced, the amounts paid for those products that are returned, due to a defect or defect, when it really exists, will be refunded.
in full, including the delivery costs incurred to deliver the item to you and the costs you would have incurred in returning it to us.
Returns and partial cancellations will give rise to partial refunds of the total amount paid for the entire order.
Once we receive the product(s), we will refund the money according to the payment method you used:
▪ The refund of the amounts will be made by bank transfer to the account indicated by the client or in the same form of payment that the client made within a period of 14 calendar days.
You will only be responsible for the decrease in value of the goods resulting from a manipulation of the same other than that necessary to establish their nature, their characteristics or their operation.
5. RIGHT OF WITHDRAWAL.
For these purposes, HUGO BONSAI informs that in accordance with Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users (TRLGDCU) and other complementary laws, approved by Royal Legislative Decree 1/2007, dated November 16, establishes several options to be able to exercise the right of withdrawal. Among them, it contemplates the possibility of doing so by filling out a form electronically. In order to shorten the times and so that you can make the return comfortably and without delay, from HUGO BONSAI we advise you to make use of this option and fill out the Withdrawal Form.
TRLGDCU adopts to national law Directive 2011/83/EU of the European Parliament and of the Council, of October 25, 2011, on consumer rights, which modifies Directive 93/12/EEC of the Council and Directive 1999/44/CE of the European Parliament and of the Council and repealing Directive 85/577/CEE of the Council and Directive 85/577/CEE of the Council and Directive 97/7/CE of the European Parliament and of the Council.
In accordance with current legislation, the contract entered into may be terminated, without the need to justify such decision and without penalty of any kind, within a period of 14 calendar days from the receipt of the merchandise by the customer. To do this, the conditions set out in this document must be met: withdrawal form.
The consumer will only be responsible for the decrease in value of the goods resulting from their handling other than what is necessary to establish their nature, characteristics or operation.
The right of withdrawal will not be applicable to contracts that refer to:
a) The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by the employer, you will have lost your right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and which may occur during the withdrawal period.
c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery. f) The supply of goods that after their delivery and taking into account their nature have been mixed inseparably with other goods.
g) The supply of alcoholic beverages whose price has been agreed at the time of entering into the sale contract and that cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
h) Contracts in which the consumer and user have specifically requested the employer to visit him to carry out urgent repair or maintenance operations; If, during that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to said additional services or goods. .
i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery. j) The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts entered into through public auctions.
l) The provision of accommodation services for purposes other than serving as housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
m) The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.
The term will be considered fulfilled if the consumer and user returns the goods before the term of 14 calendar days has concluded, sending them to:
▪ A/At: HUGO BONSAI Returns Dept.
▪ Address: Calle Olivos, 43 (28971 – Griñón) in Madrid.
Once the right of withdrawal has been exercised, the payments made by the User will be reimbursed, including shipping costs (as long as it is the least expensive modality offered by the company), without any due delay and, in any case, no later than no later than 14 calendar days from the date on which the withdrawal is received.
In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund.
In all cases, the products subject to return must be in perfect condition, in their original packaging and with manuals, accessories or promotional gifts, if any, included. If this were not the case, said withdrawal cannot be exercised. The returns department will verify that everything is correct and in perfect condition, giving authorization to the Administration Department and will notify the Client via email.
The refund will be made using the same payment method used for the initial transaction. The refund may be withheld until receipt of the goods, or proof of their return is presented.
The products must be returned or delivered no later than 14 days from the date on which the withdrawal decision is communicated.
6. PRODUCT WARRANTY.
The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the legally established terms for each type of product, responding HUGO BONSAI, therefore, for the lack of conformity of the same that is manifested within a period of three (3) years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by HUGO BONSAI and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed in accordance with the return process mentioned above and must attach proof of purchase, as indicated in the Return of defective products or shipping error section.
However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
In accordance with Directive (EU) 2019/771 of the European Parliament and of the Council, of May 20, 2019, on certain aspects of contracts for the sale of goods, which amends Regulation (EU) 2017/2394 and Directive 2009/22/CE, and directive 1999/44/CE is repealed.
The guarantee regarding perishable / consumable products will be the one provided in each case by their manufacturer (commercial guarantee).
The guarantee does not cover those defects caused by incorrect use of the product and/or handling of it other than what is necessary to establish its nature, characteristics or its operation. In these cases, the consumer must take charge of its repair. Therefore, the following are excluded from the guarantee:
▪ Defects and deterioration caused by external events, accidents, wear and tear and use not in accordance with the instructions for the product or those of HUGO BONSAI.
▪ Products modified or repaired by the customer or any other person not authorized by HUGO BONSAI.
HUGO BONSAI may demonstrate that the lack of conformity did not exist at the time of delivery of the goods.
7. TECHNICAL SUPPORT.
If you have any problems, please contact us to solve it at the following email address: info@hugobonsai.com.
8. TECHNICAL MEANS TO CORRECT ERRORS
In the event that the User makes a mistake when sending the data, they can modify them by accessing their personal account through the Website at any time. In the event that it is an error that occurs during the contracting process, it can be corrected at any time before completing the purchase process.
In the event that the client did not have a user account registered, they must contact us as soon as possible to establish the modifications in their personal data that are pertinent through the email info@hugobonsai.com and/or by phone at Attention at 699.84.24.14.
9. LANGUAGE
The language in which the contract between HUGO BONSAI and the User will be perfected is Spanish.
10. LIABILITY OF THE CLIENT.
The client undertakes to make a lawful use of the products, without contravening current legislation, or injuring the rights and interests of third parties.
The client guarantees the veracity and accuracy of the data provided when completing the contracting forms, avoiding causing damage to HUGO BONSAI as a result of their incorrectness.
Likewise, it undertakes to enable the delivery of the requested order by providing a delivery address where the requested order can be received within the usual merchandise delivery hours (Monday to Friday from 10:00 a.m. to 14:00 p.m. and from 16:00 p.m. 20 to 00:XNUMX).
Failure to comply with any of these General Conditions of Contract may lead to the annulment or cancellation of orders by HUGO BONSAI without the need for prior notice to the client and without implying a right to any compensation.
In case the shipment is rejected by the client, HUGO BONSAI will not reimburse the amount of the shipping costs, being assumed by the client.
11. PERSONAL DATA AND COMMERCIAL COMMUNICATIONS.
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/46/CE (General Data Protection Regulation) and in accordance with Organic Law 3/2018 of December 5, Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD) is informs you of the following aspects related to the treatment of personal data that you provide us through this document and, where appropriate, of those generated by the contractual relationship.
11.1 Who is responsible for your data?
The person responsible for the processing of the data that you provide us as a result of the purchase of a product or when filling in a form is:
▪ Company Name: MASERGON BUSINESS GROUP SL
▪ Registered office: Calle Olivos, 43 (28971 – Griñón) in Madrid
▪ CIF: B88299243
▪ Telephone: 699.84.24.14
▪ Email: info@hugobonsai.com
11.2 What data do we process?
Depending on the products and services you want to enjoy at any given time, we will need to process personal data such as:
▪ Identification data: your name and surname, NIF, contact address, email address, telephone.
▪ Economic and transactional information data, such as your payment method data, information about your purchases, orders, returns, cancellations, among others. ▪ Commercial and promotional information, if you have subscribed to our communications system (newsletter).
▪ Data about your tastes and preferences.
▪ Information about your pet
In our forms you will find that we request necessary data, marked with an asterisk, that we need to be able to provide you with the service; If you do not provide us with such information, it is possible that you will not be able to complete your registration or continue with the purchase process.
11.3 For what purpose do we process your data?
Depending on how you interact with us, we will process your data for the following purposes:
Purpose
Description
User register
In case you decide to register as a user, we will need to process your data to identify you as a user and give you access to the features of our page.
For the development and execution of the purchase contract
Manage the purchase process that you carry out on our page.
Manage the payment of the products you buy, regardless of the means of payment used.
Manage possible returns once you have made the purchase.
To make the billing and send it to you.
Guarantee the use and access to gift cards, benefits, discounts and promotions.
To process your orders and transfer them to the companies that manage our shipments.
For Marketing purposes
You can subscribe to the newsletter manually or when making a purchase on the platform. We will process your data to manage your subscription, including sending personalized information about our products and services.
This treatment involves the analysis of your user / client profile, to determine what your preferences are and make specific offers and promotions for you.
You can unsubscribe from these communications at any time, through the unsubscribe systems that are included in each communication that we send you.
Usability and quality analysis
We will treat your browsing data for analytical and statistical purposes, so that we can improve our page and adapt it to the way in which
our users access and navigate through it.
To comply with our legal obligations
We will treat the data for the fulfillment of the obligations that correspond to us, such as fiscal obligations, consumption, attention of
claims and rights management.
11.4 What is the legitimacy for the processing of your data?
The legal basis that allows us to process your personal data depends on the purpose:
Purpose
legitimizing basis
User register
The basis that legitimizes the treatment is your initial consent at the time of user registration, being subsequently processed for the execution of the terms that regulate the use of our page.
For the development and execution of the purchase contract
The basis that legitimizes the processing of your data is the execution of the contract of sale or provision of services that binds us to you.
In addition, we apply the legitimate interest to carry out the checks
necessary to prevent and detect fraud when a purchase is made on our page.
For Marketing purposes
The basis that legitimizes these treatments is your consent, which you can revoke at any time.
To show you personalized information, we have a legitimate interest to perform profiling with the information you provide us and we collect about you (page navigation, preferences, purchase history). You can cancel the profiling cookies in our cookie information .
Usability and quality analysis
The basis that legitimizes the treatment is the legitimate interest to analyze the usability and degree of user satisfaction when browsing our page.
To comply with our legal obligations
We will treat the data based on the legal obligations that correspond to us.
11.5 How long will we keep your data?
The period of conservation of personal data is linked to the purpose of the treatment; For this reason, we provide you with the conservation periods that we apply:
13
Purpose
Conservation period
User register
During the time that you maintain your status as a user, and once you unsubscribe, for the limitation period set by current legislation.
For the development and execution of the purchase contract
During the time necessary to manage your purchase, including the deadlines for returns, cancellations and withdrawal.
For customer service
We will process your data for as long as it is necessary to attend to your request or request.
For Marketing purposes
We will process your data until you unsubscribe from communications (newsletter) and/or revoke your consent.
As well as, we will show you personalized advertising until you configure your mobile device or browser so that you revoke your consent.
If you participate in promotional actions, we will keep your data for a period of six (6) months from the end of the action.
Usability and quality analysis
We will treat your data occasionally during the time in which we proceed to carry out a specific quality action or survey or until you delete the cookies from your computer.
To comply with our legal obligations
We will treat the data during the prescription periods that the current legislation establishes for each legal obligation that corresponds to us.
11.6 With whom do we share your data?
Unless the transfer of data to third-party companies is indicated in the form, HUGO BONSAI expressly informs you that it will only communicate the data to those agencies and entities of the Public Administration with competence in the matter in accordance with current legal regulations. , and for the fulfillment of the sales contract we will have to provide your data to third-party companies for the following purposes:
▪ Credit/debit card issuing entities, for the management of collections and payments. ▪ Fraud detection and prevention entities.
▪ Suppliers and collaborators of transportation services and delivery of products. ▪ Providers and collaborators of billing, accounting and tax management services.
11.6.1 International transfers
HUGO BONSAI informs you that international data transfers will not be made.
11.7 What are your rights?
In accordance with current Community regulations (EU Regulation 679/2016, of April 27) and Spanish (Organic Law 3/2018, of December 5) you have the possibility of exercising your rights, where the contact information to the which must be accompanied by a photocopy of your DNI/NIF or document that proves your identity, either through electronic means or through written communication addressed to the registered office of HUGO BONSAI.
Your rights are as follows:
1. Right to revoke your consent and ask us not to process your personal data for commercial purposes, nor to send you communications via email, SMS messages and newsletters.
2. Right of access to the information that we have regarding your person, specifying the purposes of the treatment that we carry out and the communications that we have made to third-party administrations and companies, either because they are authorized by law or because they are necessary for the provision of the service. service that you have requested, or by granting your prior consent.
3. Right to rectify your data, by which we will update and update the information and data that we have according to the information you provide us.
4. Right to delete your data, once the legal retention periods established by the applicable regulations have expired.
5. Right to oppose us to carry out any data processing activity, through the revocation of your authorization/consent.
6. Right to limit the processing of your data, as in the case that you file a claim or want us to keep your data for a longer period, avoiding its deletion.
7. Right to the portability of your data, for which we will provide you in a common reading file format with those data that you have provided us at the time of your registration as a user.
In addition, we inform you that you can always go to the Spanish Data Protection Control Authority (Spanish Data Protection Agency, www.agpd.es) to request guardianship or file a claim in relation to the processing of personal data.
11.8 Where do I exercise my rights?
To exercise these rights, you can contact us through the following email: info@hugobonsai.com, indicating in your request your full name and the right you are exercising, accompanied by a copy of your ID or equivalent document accrediting your identity.
You can also do so by sending us a letter, with a copy of your ID, to the following address:
▪ Addressed to: HUGO BONSAI
▪ Registered office: Calle Olivos, 43 (28971 – Griñón) in Madrid
11.9 Security of your data.
We have organizational and technical measures in place to protect your personal data from any loss, misuse, unauthorized access or disclosure, alteration and/or destruction. Unfortunately, the security of any transmission or storage system cannot be fully guaranteed.
of data. If you suspect that your interaction with us is no longer secure, please notify us immediately at info@hugobonsai.com.
12. INDUSTRIAL AND INTELLECTUAL PROPERTY
The intellectual and industrial property rights over the works, trademarks, logos, and any other subject to protection, contained in the Web page correspond exclusively to HUGO BONSAI, unless a different ownership is indicated in them.
The unauthorized reproduction, distribution, commercialization or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of HUGO BONSAI or the owner of the same, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
Likewise, the information to which the client can access through the website, may be protected by industrial, intellectual or other property rights. The Company will not be responsible in any case and under no circumstances for the infringements of such rights that you may commit as a user and/or client.
13. NOTICES.
All notifications, requirements, requests and other communications that must be made by the parties in relation to these General Purchase Conditions must be made in writing and it will be understood that they have been duly sent by ordinary mail to the address of the other party or their email address. .
Specifically, in the case of HUGO BONSAI, it must be notified to the postal address Calle Olivos, 43 (28971 – Griñón) in Madrid, Spain, at the telephone number 699.84.24.14 or at the email address info@hugobonsai.com
14. NULLITY AND INEFFICIENCY OF THE CLAUSES.
If any clause included in these General Conditions of Purchase were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, subsisting the rest of the General Conditions of Purchase. Buy. Consequently, the clause declared totally or partially null or ineffective will be deemed not to have been put in place.
15. COMPLAINTS AND CLAIMS
The User can send HUGO BONSAI their complaints, claims or any other comment or suggestion they wish to make through the contact information provided at the beginning of these Conditions (Identification of the service provider).
In addition, HUGO BONSAI has official claim forms available to consumers and users, and that they can request from HUGO BONSAI at any time, using the contact information provided at the beginning of these Conditions (Identification of the service provider). .
16. APPLICABLE LAW AND SUBMISSION TO JURISDICTION.
Purchases made at https://hugobonsai.com/ are subject to Spanish legislation. Notwithstanding the foregoing, the European Commission provides a free access platform for the out-of-court resolution of online conflicts for electronic contracting (http://ec.europa.eu/consumers/odr/) to which the parties can voluntarily submit, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between both parties.
▪ Link to the claim form:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
▪ Link to the search engine for conflict resolution agencies:
https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
When the parties do not submit to the Consumer Arbitration System, in the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be the ones that provided by the applicable legal regulations in matters of competent jurisdiction, in which it is served, in the case of final consumers, to the place of fulfillment of the obligation or to the domicile of the purchasing party.
In the event that the purchasing party acts on behalf of a legal entity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid.
These General Conditions of Sale, before the user is bound by the contract, represent the entirety of the agreements between HUGO BONSAI and the users of the Site with reference to the contracts entered into through the Site.
Through the formalization of these General Conditions, the Parties are duly informed of their rights and obligations, for which they freely give their consent with them.
These General Contracting Conditions and any document to which express reference is made in them constitute the entire agreement between the User and HUGO BONSAI in relation to the object of contracting.