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General Terms and Conditions

 

I. Identifying data

GREEN FROG ALOE SL, a company with tax identification number B88088687 and registered office at calle Cerro del Espino 4, Bajo B, escalera derecha, Majadahonda, 28221, Madrid , and address for notification purposes at calle Londres 38, oficina 201, 28232, Las Rozas, Madrid, is registered in the Mercantile Register of Madrid, volume 37678, folio 11, section 8, page M671279 (hereinafter, "GREEN FROG" or the "COMPANY"), is the owner of the present website www.greenfrog.es (hereinafter "GREEN FROG" or the "Website"), the use of which is subject to these General Terms and Conditions (hereinafter "General Terms and Conditions") and other legal texts accessible on the Website.

II. Object

The purpose of these General Terms and Conditions is to regulate the conditions of purchase of the different products offered on the Website www.greenfrog.es owned by the COMPANY, whose main purpose is the online sale of natural juices and Aloe Vera creams. The characteristics of the products are reflected on the corresponding pages of the Website. Persons who intend to purchase or contract products through the Website will have the status of "User", which is acquired by completing the registration form, accepting these General Conditions of Contract as well as the Privacy Policy and Cookies.

By purchasing the products offered on the Website, the User declares that he/she knows and accepts without reservation or exception, each and every one of the General Conditions set out in this document. Thus, Users who make purchases on this Website fully accept these General Conditions and shall be bound by them as they are written at the time of contracting.

The COMPANY may restructure, modify or delete any information, service or content included on the Website without prior notice. It is an essential requirement to read and accept the General Conditions prior to the purchase of any product through the Website, and the User must confirm the acceptance box of these General Conditions.

The Website will provide all registered Users with the possibility of accessing the contents, services and other information concerning the corporate purpose of the COMPANY. These General Terms and Conditions constitute the entire agreement between the parties with regard to online sales transactions between the COMPANY and its customers.

GREEN FROG operates through the Website for the territory of Spain (the "Territory"). GREEN FROG only ships and distributes the products in the Territory.

III. Capacity to contract

In the event that the User is a minor or incapacitated, the COMPANY warns of the need to have the consent of their parents, guardians or legal representatives for the purchase of products online, so the COMPANY requests that they refrain from using the services and purchase of products offered on the Website if they do not have the consent of parents, guardians or legal representatives, and the COMPANY shall not otherwise be liable for the actions of the minor or incapacitated person.

In this regard, the COMPANY informs that the User must have the capacity to contract when acquiring the products offered on the Website. Thus, those over 16 years of age with sufficient legal capacity to contract may purchase products on the Website, and the provisions of these General Terms and Conditions of Contract shall apply to them.

IV. Product information

The descriptions of the products offered on the Website are based on information and documentation provided by GREEN FROG's suppliers and partners.

The information contained on the Website should at no time be considered either complete or exhaustive due to the wide range of products and services available.

Likewise, the photographs, graphic or iconographic representations and videos relating to the products, as well as the trade names, brands or distinctive signs of any kind contained on the Website are intended to provide the User with as much information as possible.

In this sense, GREEN FROG declares that the product offered usually corresponds to the photograph and description of the same. However, it is exonerated from liability for those cases in which, due to technical or human error, there are mistakes or variations between the photograph, the description and the price. It is also made clear that the photographs are merely indicative and there may be variations in terms of physical appearance but without undermining the integrity and performance of the product ordered.

In the event that, due to circumstances of force majeure or any incident attributable to GREEN FROG, the product is not available after the purchase has been made, the COMPANY shall inform the User of the total or partial cancellation of the order. In the case of total cancellation, the total amount of the order will be refunded, and in the case of partial cancellation, only the price of the unavailable products will be refunded.

GREEN FROG informs that some campaigns may be subject, in addition to these General Terms and Conditions, to special conditions of sale due to the nature of the product. These particular conditions of sale will always be accessible to the User together with the description of the product.

In this regard, prior to purchasing the product, the User must accept the particular conditions (including, but not limited to, compliance with any terms and conditions, rates and reservations established). The provisions contained in these General Terms and Conditions may be modified according to the corresponding particular conditions of sale of the product. In the event of conflict or contradiction, the particular conditions of sale shall prevail over these General Terms and Conditions. Consequently, the User must read carefully, in addition to the General Terms and Conditions, the specific conditions of sale, which are understood to be accepted at the moment the User proceeds to purchase the product.

V. Purchasing procedure

The purchase of products by the User through the Website shall be carried out following the procedure set out below:

Choose: The User upon entering the Website will be able to choose the desired product. All the products that appear on the Website will be accompanied by a detailed description of the product, together with the price (VAT included), opinions of other users as well as a reference to similar products. If the User decides to purchase it, he/she must select the purchase button on the same screen.

Purchase: Once all the products that the User wishes to purchase have been selected, the User must select the option "Shopping Cart" where the selected products will appear together with the price (VAT included) as well as the amount corresponding to the shipping costs. If the User decides to complete their purchase, they must fill in the form where they must provide their details and thus create an account or, if they are already registered, provide their e-mail address and password. If it is the first time that the User purchases on the Website, in order to register he/she must fill in all the data requested with an asterisk (*). It is also possible for the user to make a purchase without registering, by filling in an alternative form that will record their billing and shipping details but will not create an account for the user.

Confirm: Once the User has logged in, the only thing left to do is to confirm the order and accept the acceptance box of these General Terms and Conditions.

Upon completion of the order, GREEN FROG will send an e-mail to the User acknowledging receipt and confirming the purchase made, specifying all the details of the order, such as, for example, the chosen method of payment and the delivery address indicated. The order of the products, and therefore the contract, shall be deemed to be formalised and completed upon receipt by the COMPANY of the payment of the price. The User agrees to receive the invoice only in electronic format.

If the User observes an error in the address indicated or in any other part of the order, he/she should immediately notify the e-mail address atencionalcliente@greenfrog.es in order to correct the error.

VI. Prices

The prices of the products offered on the Website include the corresponding VAT and any other applicable taxes. However, these prices do not include the shipping costs of the products. These are detailed in the payment process where the User will be able to see the breakdown of the price of the product purchased before finalising the order.

In this sense, both in the CART summary and in the ORDER CONFIRMATION, the total amount including taxes and shipping costs is specified.

Prices are valid except in case of error and may be revised and modified at any time without prior notice by the COMPANY, always respecting the price indicated at the time of purchase. Thus, the products will be invoiced at the price in force at the time of registration of the order. Prices will be shown in the currency in force in Spain at the time of purchase.

Based on its commercial policy, the COMPANY may make final price variations either for loyalty, for the acquisition of products of a certain entity or relevance, as well as others that may be stipulated by the COMPANY in due course. However, it shall be the COMPANY that freely and voluntarily offers these discounts and/or rebates to whoever it deems appropriate, and they may not be demanded or requested at any time by the User.

VII. Payment Methods

Payment of the price and shipping costs of the products purchased through the Website shall be made when GREEN FROG sends the User an email acknowledging receipt and confirming the purchase made.

The User must pay by credit or debit card Visa, MasterCard, American Express, Visa Electron, and other similar cards, or through the PayPal system.

In this regard, the COMPANY offers the User the following payment methods:

Bank card (credit or debit): The customer can choose to pay by credit or debit card, the operation being carried out at the time of placing the order. Online payment by credit card is made through the "Secure Socket Layer" security system, which encrypts the User's bank details when they are transmitted over the Internet.

PayPal: Users can pay quickly and securely with their PayPal account or with their credit or debit card. PayPal automatically encrypts confidential data with the help of the best technologies available on the market.

VIII. Safe Buying

GREEN FROG has the highest security measures available in the sector. In this sense, GREEN FROG uses the Secure Socket Layers protocol ("SSL") for all e-commerce transactions, a security system that guarantees that all data sent by the User is safe. This technology works with the most widespread browsers on the market.

Through this process, the secure server establishes a connection so that the information provided is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the User's computer and that of the Website, making it virtually impossible for anyone without prior authorisation to access the information sent by the User.

In this way, the use of the SSL protocol guarantees: (i) That the User is communicating his/her data to the COMPANY's server centre and not to any other. (ii) That between the User and the COMPANY's server centre the data is transmitted in encrypted form, preventing it from being read or manipulated by third parties.

Likewise, the COMPANY declares that it does not have access to or store sensitive data relating to the means of payment used by the User. Only the corresponding payment processing entity has access to this data for the purpose of managing payments and collections.

IX. Shipping costs

When placing the corresponding order through the Website, shipping costs will be included, which will be borne by the User. Thus, the User will be able to know the amount of the shipping costs at any time from the shopping cart before making the purchase. *Shipping costs will be free on selected products, under certain promotions.

X. Place and Time of Delivery

1. Place of delivery

GREEN FROG undertakes to deliver the order placed through the Website in perfect condition to the address indicated by the User, which, in any case, must be within the Territory.

In order to optimise the delivery process, the address provided by the User must be an address to which delivery can be made during normal business hours.

If at the time of delivery the User is not present at the indicated address, the transport company will leave a notice so that the User can contact them to arrange a new delivery date and time. If after ten (10) calendar days from the date of the notice, the User has not contacted the transport company to arrange a new delivery date, GREEN FROG assumes no liability that may arise from the non-delivery of the product contracted by the User and may, where appropriate, pass on the costs arising from the shipment.

GREEN FROG shall not be liable for any errors or damages caused in the delivery when the delivery address entered by the User does not correspond to the place of delivery desired by the User.

GREEN FROG may also deliver the same order of products in several deliveries on different dates.

2. Delivery period

GREEN FROG will inform the User, before the completion of the purchase process, of the delivery time.

GREEN FROG will not deliver products on Saturdays, Sundays, national, regional and local holidays.

Likewise, the COMPANY shall inform the User by sending an email to his/her email address, of the date of departure from GREEN FROG's warehouses of the corresponding product order and the contact details of the transport company that will carry out the delivery.

If, at the time of delivery, it is visibly and clearly visible, without the need to manipulate the shipping packaging or the product packaging itself, that a product has defects caused by transport damage or if, in the same way, an error is detected in the goods received, the User must state this on the delivery note and inform the COMPANY by sending an e-mail to the address as soon as possible after receipt of the order, and in no case more than 14 days after receipt of the order, the User must state this on the delivery note and inform the COMPANY by sending an e-mail to the address atencionalcliente@greenfrog.es as soon as possible after receipt of the order and in no case more than 14 working days after receipt, in order to be able to request the return of the product or products affected and proceed to replace them with another in optimum conditions or refund the price paid for them, as indicated in the said e-mail.

XI. Returns/ Right of Withdrawal

The exercise of the right of withdrawal shall not be subject to any formality, so that the User may return the products purchased without having to justify their decision and without penalty of any kind.

The User may exercise their right of withdrawal in any manner permitted by law, in which case said right shall be considered to be validly exercised by sending the withdrawal document provided by the COMPANY on the Website to the address atencionalcliente@greenfrog.es or by returning the products received to the address calle Cerro del Espino 4, Bajo B, escalera derecha, Majadahonda, 28221, Madrid. In accordance with current legislation, the User has fourteen (14) calendar days from the delivery of the product to withdraw, totally or partially, from the purchase made. Once the period of fourteen (14) calendar days has expired, the COMPANY will not accept returns for withdrawal of product purchases.

In order to facilitate the return process, GREEN FROG provides the User with the withdrawal document at the following link: https://www.greenfrog.es/es/documento-de-desistimiento.html. To use this system, the following requirements must be met:

1. The Product shall be in the same condition in which it was delivered and shall retain the instructions, documentation, accessories and, as far as possible, its original packaging and labelling.

2. The return to GREEN FROG must be made using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the products in perfect condition.

3.3 The delivery note for the return of the Products must be included inside the package. In the event that you have received the product and notice that the packaging has any knocks, tears or dents, you must state this on the carrier's delivery note.

If the packaging is found to be damaged, broken or dented, the purchaser must refuse the consignment, stating the reason for this on the carrier's delivery note.

The COMPANY shall not be liable for the direct costs and expenses incurred by the User for those product returns in the exercise of the right of withdrawal. Therefore, the User shall bear the return shipping costs, and must send the product carriage paid, as the COMPANY will refuse any carriage paid shipment.

In the event of exercising the right of withdrawal, the User shall be entitled to reimbursement of the price of the products returned within 14 days, provided that the returned products are in the same condition in which they were delivered, have not been used (except as necessary to verify their suitability as expected), washed, damaged, unsealed - in the case of creams, cosmetics and perfumes, for example - or lost before arriving at GREEN FROG's premises, or if the requirements set out in these General Terms and Conditions have not been met.

GREEN FROG will check the suitability of the returned product in its warehouse, reserving the right not to make the refund in the event of detecting that the product purchased and the one returned do not match or that the return has not been made in accordance with these General Terms and Conditions.

Partial returns of an order will give rise to refunds of the price and partial shipping costs. Shipping costs will be refunded in proportion to the value of the returned product.

The COMPANY shall process the order for the refund of the price and shipping costs by means of the same payment system used by the User to purchase the products, within a period of no more than 14 calendar days from the date on which the User communicated his/her withdrawal. The application of the refund of the price and shipping costs to the User's account or card will depend on the card and the issuing entity. The period of application of the price refund will be up to seven (7) calendar days for debit cards and up to thirty (30) calendar days for credit cards.

XII. Medical Consultation Service

The User, through the Website, may make medical consultations related to the benefits and properties of the Products offered on the Website as well as other consultations aimed at orienting and providing general information on health and wellbeing to the User.

The User shall provide the personal data necessary for the processing directly to the collaborating medical professional (hereinafter referred to as the "Doctor"), who shall be considered the data controller for the processing of such data.

The consultation shall be answered, under the terms and conditions set out below, by a duly authorised medical practitioner in accordance with the legislation in force.

The provision of the aforementioned remote medical consultation service, referred to as "telemedicine" (hereinafter referred to as the "Service") shall be provided free of charge to the User and shall be paid for in accordance with the provisions of Clause 7 of these General Terms and Conditions.

The COMPANY informs the User, and the User acknowledges and accepts that GREEN FROG acts as a mere intermediary in the provision of the Service.

In this regard, GREEN FROG assumes no liability whatsoever arising, by way of example but not limited to:

1. Failure to comply with the obligations of the Doctor when providing the Service, for which he/she shall be solely responsible.

2. For direct, incidental, consequential, indirect or punitive damages for the medical care provided and the Service rendered by the Physician.

3. Any other damages that may arise from the provision of the Service to the User, either directly or indirectly.

The User accepts and understands that the collaborating Doctor may reserve the right to respond to any queries they deem appropriate. GREEN FROG shall not be liable for any objection that the Doctor may make to respond to a query made by a User.

The User declares that the data provided are truthful, accurate and complete, assuming the responsibility that, where appropriate, may arise from the data provided for the provision of the Service.

The User also accepts and is aware that the answer received by the User from the Doctor cannot replace the diagnosis of the User's trusted doctor.

The COMPANY further advises that a diagnosis or clinical conclusion requires an in-person examination by a qualified medical professional, and that the Service provided through the Website is for guidance and general health and wellness information only, and therefore cannot be a definitive diagnosis.

XIII. Intellectual Property

The User acknowledges and agrees that the intellectual, industrial or other property rights and elements (including without limitation any copyrights, patents, trademarks, designs, photographs, images and source codes) relating to the Website which may be accessed by the User are the exclusive property of the COMPANY.

The User may not, directly or indirectly, copy, modify, alter, publish, communicate, distribute, sell or transmit the materials on the Website, in whole or in part, without the authorisation of the COMPANY.

XIV. Limitation of Liability

Without prejudice to the provisions of the applicable regulations and the rest of the clauses of these General Terms and Conditions, GREEN FROG's liability in relation to the products purchased through the Website shall be limited to the purchase price of said products.

GREEN FROG assumes no liability whatsoever arising from, including but not limited to:

1. The use that Users may make of the materials on the Website or linked websites, whether prohibited or permitted, in infringement of the intellectual and/or industrial property rights of the contents of the website or of third parties.

2. For any damages caused to Users as a result of normal or abnormal functioning of the search tools, the organisation or location of the contents and/or access to the Website and, in general, for errors or problems generated in the development or implementation of the technical elements that the Website or a programme provides to the Partner or User.

3. Of the contents of those pages that Users may access from links included on the Website, whether authorised or not.

4. The acts or omissions of third parties, regardless of whether such third parties may be contractually bound to the COMPANY.

5. Access by minors to the contents included on the website, it being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install any of the tools to control Internet use in order to prevent access to materials or content unsuitable for minors, as well as the sending of personal data without the prior authorisation of their parents or guardians.

6. Errors or delays in accessing the Website by the User when entering their data in the Order Form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of the COMPANY.

7. Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the Website will be constantly operational.

8. Errors or damage caused to the Website due to inefficient and bad faith use by the User.

9. Non-operability or problems with the email address provided by the User for the sending of the order confirmation.

The COMPANY undertakes, as far as possible, to solve any problems that may arise and to offer all necessary support to the User in order to reach a rapid and satisfactory solution to any incidents that may arise on the Website.

XV. Amendments

The COMPANY reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the General Terms and Conditions and other legal texts accessible on the Website. Users will always have these General Terms and Conditions available on the Website, and must read them carefully each time they access the Website. In any case, acceptance of the General Terms and Conditions in force at any given time shall be a prior and essential step to contracting any product or service available through the Website, and therefore any modifications that the COMPANY may introduce shall not be applied if they have not been previously accepted by the User.

Likewise, the COMPANY is entitled to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. The COMPANY reserves the right, always in compliance with the applicable regulations, to modify the conditions of application of the promotions, to extend them with due notice, or to proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behaviour in the participation of the same (such as mass purchases, commercial activities, fraudulent activity, among others).

XVI. Information and Consultation

For any information that the User may request about their order or about the characteristics of the products and services offered by GREEN FROG, as well as to inform GREEN FROG of any type of incident or complaint, they should simply write to the e-mail address atencionalcliente@greenfrog.es, through which the COMPANY will contact the User as soon as possible, or call the following telephone number: +34 910712713.

XVII. Data Protection

The COMPANY is fully aware of the use and treatment that must be given to personal data and, by virtue of the legal regulations in this respect, has implemented a system within its organisation to preserve the security, integrity and confidentiality of data considered to be personal.

To this end, in addition to fully complying with each and every one of the requirements set forth in Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data (hereinafter, "GDPR") and other implementing regulations, it guarantees not only legal but also fair use of personal data as well as an appropriate system for exercising the rights of information, access, rectification, deletion, limitation of processing, portability and opposition set forth in the aforementioned GDPR. The COMPANY provides Users with clear and complete information about the Privacy and Cookies Policy, which can be consulted via the following link: https://www.greenfrog.es/es/politica-de-privacidad-y-cookies.html.

XVIII. Cookies

Access to the Website implies the use of cookies. The COMPANY provides Users with clear and complete information about the use of cookies, which can be consulted via the following link: https://www.greenfrog.es/es/politica-de-privacidad-y-cookies.html.

XIX. Jurisdiction and Applicable Law

The terms and conditions governing this Website and all relations that may arise from the use and/or registration on it are governed by Spanish law.

Any dispute that may arise from access to or use of this Website and/or its services shall be subject to the exclusive jurisdiction of the Spanish courts and tribunals that correspond in accordance with the regulations applicable in each case.

Without prejudice to the foregoing, the User, if he/she is a natural person, may opt for an out-of-court settlement of the dispute through the online alternative dispute resolution platform at https://ec.europa.eu/consumers/odr.