1. RETURNS

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from the contract for a period of fourteen calendar days without having to indicate the reason.

Deadline for exercising the right of withdrawal

In the case of sales contracts, the period for exercising the right of withdrawal will end fourteen calendar days from the day that you or a third party indicated by you, other than the carrier, acquire material possession of the requested goods. . In the event of the delivery of multiple goods ordered by you in the same order and delivered separately, the period for exercising the right of withdrawal will end fourteen calendar days from the day that you or a third party indicated by you, other than the carrier, acquires material possession of the last of the goods. In the event of delivery of a good made up of multiple components or parts, the period for exercising the right of withdrawal will end fourteen calendar days from the day that you or a third party indicated by you, other than the carrier, acquire possession. material of the last component or part. In the case of contracts for the periodic delivery of goods during a specific period, the period for exercising the right of withdrawal will end fourteen calendar days from the day that you or a third party indicated by you, other than the carrier, acquire the material possession of the first of those goods.

In the case of service contracts, the period for exercising the right of withdrawal will end fourteen calendar days from the day the contract is entered into.

Exercise and effects of the right of withdrawal

To exercise the right of withdrawal, you must notify VERDEVELA, before the withdrawal period expires, of your decision to withdraw from the contract, through an unequivocal statement. You may use the model withdrawal form that appears in the Annex to these Conditions, although its use is not mandatory. You can send this communication to VERDEVELA through email sent to the address holaverdevela@gmail.com

Once your decision to withdraw from the contract has been communicated, you will receive an email with the instructions for returning the goods.

To exercise your right of withdrawal within the period of fourteen calendar days, you will have to send the communication regarding the exercise of the right of withdrawal before the end of said period.

The exercise of the right of withdrawal will extinguish the obligations of the parties to execute the contract at a distance or celebrated outside the establishment, or to celebrate the contract, when the consumer and user has made an offer.

Consequences in case of withdrawal

In case of withdrawal:

• If you exercise the right of withdrawal with respect to an order in its entirety, we will refund the payment made for the value of all returned products. In this case, the refund will include, if any, the delivery costs. However, if you have expressly selected a delivery method other than the least expensive method of ordinary delivery, we will not reimburse the additional costs that derive from it.
• If, on the contrary, it is a partial withdrawal of an order that includes several products, we will refund the payment made for the value of the product or products with respect to which the withdrawal has been made. If it is a partial withdrawal of orders that include several products, the delivery costs will not be reimbursed, being charged to the delivery of the products for which the withdrawal had not been exercised.

In no case will the amount that has been deducted by application of any discount or special promotion be refunded.

The refund will be made without undue delay and, in any case, before 14 calendar days have elapsed from the date on which we were informed of the decision to withdraw from the contract, in accordance with the provisions of the previous section. The refund will be made using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise. However, in contracts of sale, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.

From the time the refund order is executed by us until you receive the money, a period of time may elapse that will vary depending on the bank and the payment method used.

In the event of withdrawal, you must return the goods to us, without undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract, in accordance with as provided in the previous section. The term will be considered fulfilled if you return the goods before the period of 14 calendar days has elapsed.

You must bear the direct costs of returning the goods to the address that we indicate.

In any case, you are requested to return the product(s) using or including the original packaging (shipping box and protective padding). If you do not have the original packaging, you can make the return in any packaging, as long as this packaging ensures that the items are not lost and that the items have adequate protection. If the right of withdrawal is exercised with respect to an order in its entirety, you will also have to return the bag, if any, and any other documents included in the order.

You will be responsible for the decrease in value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics or operation.

If we receive one or more items after the established period, in poor condition, with erroneous content or without having previously exercised the right of withdrawal in the manner provided or, in short, the characteristics to be able to withdraw from the contract are not met, you will not have right to reimbursement of amounts. In this case, we will contact you and if two months after we put the article or articles at your disposal you refuse to receive them, you will be responsible for the costs of shipping the product or products to you, we will not be responsible for the same and will be considered abandoned.

In the event of withdrawal from the contract in relation to digital content or service, you will refrain from using the digital content or service and from making it available to third parties.

Exceptions to the right of withdrawal

The right of withdrawal will not be applicable to contracts that refer to:

• The supply of goods made according to the specifications of the consumer and user or clearly personalized.
• The supply of goods that can deteriorate or expire quickly.
• The supply of goods that, after their delivery and taking into account their nature, have been mixed inseparably with other goods.
• The supply of digital content that is not provided on a tangible support when the execution has begun and, if the contract imposes a payment obligation on the consumer or user, when the following conditions are met:

1. The consumer or user has given their prior consent to start the execution during the period of the right of withdrawal.

2. The consumer or user has expressed their knowledge that, consequently, they lose their right of withdrawal; and

3rd The employer has provided confirmation in accordance with article 98.7 or article 99.2 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

Consequently, if you acquire the supply of digital content that is not provided on a material support, such as ebooks or online courses to which access is immediate, you know and expressly consent that the execution will begin during the period of the right of withdrawal. and, consequently, you lose your right to withdraw.

2. DAMAGED OR TAMPERED PACKAGE

In the event that the package arrives damaged, open or shows signs of having been tampered with, you should not pick up the package and you will have to ask the courier to indicate on your delivery note the reason why you are refusing delivery. In addition, you must take photographs of the state of the package, in which the damage or manipulation that the package presents can be appreciated. We strongly recommend that you take photographs of the state of the package at the time of collection, preferably in the hands of the courier, to demonstrate that it has not been subsequently tampered with by the customer. Immediately, you will have to communicate this situation to us, attaching the photographs, through an email sent to the address holaverdevela@gmail.com 

In case of accepting the package, despite presenting damage or manipulation, VERDEVELA is not responsible for the claim to the courier company. In this case, it must be the client who assumes the responsibility of making the claim to the transport company. In this case, we recommend that you take the photographs that you consider appropriate at the time of collection, if possible, in the hands of the courier, and that you ask the courier to indicate on your delivery note what is appropriate: that the package is damaged, has been opened or shows signs of having been tampered with.

3. WARRANTIES - LACK OF CONFORMITY

If you are acting as a consumer and user, we will respond to you, in the legally established terms, for any lack of conformity that exists at the time of delivery of the digital good, content or service, and you may, through a simple declaration, request the rectification of said lack of conformity, the reduction of the price or the termination of the contract. You must make your declaration as soon as you appreciate the lack of conformity. In your declaration you must provide the order number, indicating the date on which it was made, the name of the customer who made it, as well as the product data and you must attach detailed photographs and/or videos in which you can see the alleged lack of conformity.

You can make the declaration to which we refer via email sent to the address holaverdevela@gmail.com 

If, after studying your declaration, we verify that the lack of conformity that you allege does indeed exist, we will respond in the terms established by law. In this sense, and depending on the request that you have made, the following considerations must be taken into account:

Rectification of the lack of conformity

You will have the right, in such case, to choose between repair or replacement, unless one of these two options proves impossible or, in comparison with the other, involves disproportionate costs for us, taking into account all the circumstances.

In the case of digital content or services, you will have the right to request that they be brought into conformity.

We may refuse to bring the goods or digital content or services into conformity where this is impossible or involves disproportionate costs, taking into account all the circumstances, including: a) the value that the goods or digital content or services would have had it not existed lack of conformity and b) the relevance of the lack of conformity.

In the case of the purchase of goods, if your request for repair or replacement is accepted, you must send us, within a maximum period of 7 business days from the acceptance of your request, to the address that we will provide you, the product that you intend to repair. or replace. Please send us the product or products using or including the original packaging (shipping box and protective padding), as well as, where appropriate, the bag, card and documentation that came with the order. If you do not have the original packaging, you can send us the product in any packaging, as long as this packaging ensures that the items are not lost and that the items have adequate protection. If your request has been accepted, once you have returned the item you wish to repair or replace, we will send you the repaired or replacement item.

Corrective measures for compliance:

• They will be free to you. The gratuity will include especially the shipping costs.
• They will be carried out within a reasonable period of time.

Price reduction and contract termination

You may request a price reduction or termination of the contract in any of the following cases:

• If the compliance (repair or replacement) is impossible or disproportionate for us, in relation to goods and digital content or services.
• If we have not carried out the repair or replacement of the goods requested by you or we have not done so within a reasonable time, provided that you have expressly requested a price reduction or termination of the contract.
• We have not brought digital content or services into compliance.
• When another lack of conformity appears after the attempt by us to bring the goods or digital content or services into conformity.
• When the lack of conformity is so serious that the immediate reduction of the price or the contractual resolution is justified.
• When we have declared to you or it is clear that we will not bring the digital good or content or service into conformity within a reasonable period of time or without major inconvenience to you.

Regarding the method to determine the price reduction, the provisions of article 119 bis of Royal Legislative Decree 1/2007, of November 16, will apply.

If the legally established conditions are met to exercise the right to terminate the contract, you will have to do so by means of an express declaration sent to the following email address: holaverdevela@gmail.com

Keep in mind that the termination of the contract will not proceed when the lack of conformity is of minor importance.

When the lack of conformity refers only to some of the goods that you have received and there are reasons for terminating the contract, you may resolve it only with respect to said goods.

In the event of termination of the contract for the sale of goods:

• We will refund the price paid for the goods upon receipt of the goods or, where applicable, proof provided by you that you have returned them.
• You will have to return the goods, sending them to the address that we will indicate.

In the event of termination of the contract for the supply of digital content and services, the obligations and rights referred to in sections 5 and 6 of article 119 ter of Royal Legislative Decree 1/2007 of November 16 will be met . .

Terms and methods of reimbursement in case of price reduction or contract reduction:

Any refund we are required to make due to a price reduction or termination of the contract will be made within 14 days from the date you informed us of your decision, provided your request has been accepted. However, in the event that it is the termination of a contract for the sale of goods, the reimbursement will be made after receipt, by us, of the goods or, where appropriate, after the provision of proof by your party that proves that they have been returned, in accordance with the provisions of article 119 ter 4.a) of Royal Legislative Decree 1/2007, of November 16.

The reimbursement referred to in the previous paragraph will be made using the same means of payment, used for the consumer and user for the acquisition of the good or the digital content or services, unless it has been expressly agreed between the parties to do so in another way.

From the time the refund order is executed by us until you receive the money, a period of time may elapse that will vary depending on the bank and the payment method used.

Term for the manifestation of the lack of conformity

In the case of a contract for the sale of goods or for the supply of digital content or services supplied in a single act or in a series of individual acts, we will be responsible for any lack of conformity that exists at the time of delivery or supply and will manifest within a period of three years from delivery in the case of goods or two years in the case of digital content or services.

In the case of digital content or services or goods with digital elements, when the contract provides for the continuous supply of digital content or services for a certain period of time, we will be liable for any lack of conformity of the digital content or services that occurs or is manifested within the period during which the digital content or services must be provided in accordance with the contract. However, if the contract for the sale of goods with digital elements establishes the continuous supply of digital content or services for a period of less than three years, the term of responsibility will be three years from the moment of delivery.

Warning

Minerals, crystals, rocks and gems have unavoidable natural characteristics that must be accepted as part of the appearance of the product, such as variations in color, shape and size, small imperfections, etc. These characteristics may not give rise to the lack of conformity referred to in this section.

There are no scientific bases that demonstrate that minerals, crystals, rocks or gems have therapeutic, curative or beneficial properties for the well-being of people. The perception by the client that these products have not presented the mentioned properties may not give rise to the lack of conformity referred to in this section.

Neither may it give rise to the lack of conformity referred to in this section, the purchase of items that are on sale or to which a special promotion is applied precisely due to the fact that they have a defect, provided that the defect appears duly informed in the corresponding product file. For example, all the products that are part of the OUTLET section.

(You should only fill in and send this form if you wish to withdraw from the contract)

– To the attention of (here the name of the employer, his full address and his email address must be inserted):

– I hereby notify you/we (*) that I withdraw from my/we withdraw from our (*) contract for the sale of the following good/provision of the following service (*)

– Ordered on/received on (*)

– Name of the consumer and user or consumers and users

– Domicile of the consumer and user or consumers and users

– Signature of the consumer and user or consumers and users (only if this form is submitted on paper)

- Date

(*) Delete as appropriate.