Español
General Provisions
TERRAIN AND MINIS S.L.L., Calle Doctor Lozano 15B, 1ª, 28038, Madrid, Mail: info@terrainandminis.com (hereinafter referred to as “Contractor” or “TERRAIN AND MINIS S.L.L.”) has focused on the design of online stores and logistics processing in the area of e-commerce specializing in various product segments.
These general terms and conditions (hereinafter referred to as “GTC”) relate to trade through the store or web portal on the pages: terrainandminis.com.
Customers are generally consumers, but also professionals.
In order to improve readability, no gender-specific differentiation will be made. This is done with the intention of not discriminating. All genders are treated equally.
Recognition of TCGs
The customer acknowledges these terms and conditions and agrees to accept them.
All business relations between the Contractor and the Client are subject to these General Terms and Conditions in the version applicable at the time of the conclusion of the transaction. These TCGs supersede any general customer conditions.
Exclusion clause
The inclusion of terms and conditions or customer contracting conditions that differ from these GTC will be rejected, unless they are explicitly recognized by TERRAIN AND MINIS S.L.L.
Formalization of the contract
By clicking on the “Order with payment obligation” button, the customer submits a binding offer to enter into a contract with the contractor. The contractor is not obligated to accept this offer. Before finally placing an order, the customer has the additional possibility to check for errors and correct them if necessary.
The Contractor confirms receipt of an offer to the Customer by e-mail to the address provided by the Customer (“Order Confirmation”). This email does not represent an acceptance of the offer by the contractor. The Contractor may accept an offer by confirming the purchase of the offer by means of an additional e-mail (“Order Confirmation”) or by sending the ordered goods. The customer is subject to your requests for three days.
In order to obtain services and goods electronically from the contractor, customers may be required to register in the online store. The customer is obliged to provide truthful and complete information in the course of the business relationship and to keep his data updated at all times. You must treat your data confidentially and protect it from unauthorized access. If the client suspects abuse by third parties, he must inform the contractor immediately.
The customer must refrain from any action that could jeopardize or impair the technical availability of the online store (including cyber-attacks). Such behavior will be legally prosecuted.
Preservation of the text of the contract
The text of the contract, i.e. the data provided by the customer for the order process, is stored by TERRAIN AND MINIS S.L.L. and can be consulted by the customer by clicking on “My account” and then on “My orders”. Regardless of this, TERRAIN AND MINIS S.L.L. will send an order confirmation and these GTC to the e-mail address indicated by the customer.
Right of withdrawal/revocation
This right of withdrawal only applies to consumers.
The customer may, without giving any explanation, revoke a contract concluded by distance selling within 14 days. Information on returns can be found here.
Instructions for revocation
As a consumer, the customer has the right to withdraw from this contract within 14 days without giving any explanation. The legal cancellation period is 14 days from the day you or a third party designated by you other than the carrier takes possession of the goods.
In order to exercise the right of withdrawal, the Client must inform the Contractor of its decision to withdraw from this contract by means of an unequivocal and clear statement (e.g. a letter sent by post or e-mail).
The customer can use the
revocation form
to do so, but this is not mandatory. To meet the cancellation deadline, it is sufficient for the customer to send the notification that he is exercising his right of revocation before the expiration of the cancellation period.
The right of revocation does not apply to the following contracts:
The consumer has no right of withdrawal in the case of distance or off-premises contracts relating to:
- goods or services whose price depends on financial market fluctuations over which the company has no influence and which may occur within the withdrawal period;
- goods produced according to customer specifications or clearly tailored to their personal needs;
- goods that may deteriorate rapidly or whose expiration date would be quickly exceeded;
- goods delivered sealed and not suitable for return for health or hygiene reasons, if the seal has been removed after delivery;
- goods which have been mixed with other products after delivery and which, by their nature, cannot be separated;
- alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current value depends on market fluctuations, over which the Company has no influence;
- audio or video recordings or computer software delivered in a sealed package, if the seal has been removed after delivery;
- books, newspapers, magazines with the exception of subscription contracts for the delivery of such publications;
- goods that have been intentionally or unintentionally damaged due to improper use. If there is any damage caused by transportation, the consumer should contact the company immediately;
- technical devices subject to manufacturer’s warranty. The return may, under certain circumstances, be agreed directly with the manufacturer;
- goods returned due to an allergic reaction or intolerance, provided that the allergen is not shown in the product description;
- digital content not stored on a physical data carrier, in the event that the company, with the express consent of the consumer, as well as with his knowledge of the loss of the right of withdrawal in case of early start with the performance of the contract, and after having provided a copy or a confirmation
- urgent repair or maintenance work, for which the consumer has expressly requested the company to come to the site to carry out such work. In case of additional services performed by the company during such visit, not expressly requested by the consumer, or in case of delivery of goods that are not strictly necessary, such as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods;
- In case of receiving damaged plants, we ask the consumer to take a photo immediately after delivery and send it to customer service. In this case, it is possible to receive a refund.
Effects of revocation
If the customer cancels this contract, the contractor will have to refund all payments received from the customer, including shipping costs (with the exception of additional costs resulting from the fact that the customer uses a different type of delivery than the most economical one offered by the contractor, i.e. standard shipping), which will be refunded immediately and at the latest within 14 days after the date on which we receive the goods. For this reimbursement, the Contractor shall use the same method of payment that the Customer used in the original transaction, unless otherwise expressly agreed with the Customer. In no case will the customer be charged a fee for this refund.
In the event of a loss of value of the goods due to unnecessary use for quality control by the consumer, the consumer is liable for this loss of value.
The customer is obliged to return the goods up to a maximum of 14 days from the day on which he exercised his right of revocation to:
TERRAIN AND MINIS S.L.L.
Doctor Lozano Street 15B, 1ºA
28038 Madrid, Madrid SPAIN
NIF-IVA: ESB72820269
E-mail: info@terrainandminis.com
The deadline is met if the goods are received within 14 days.
Prices
All product prices are total prices; they include statutory value added tax (VAT).
Shipping and handling
In addition to the prices of the products indicated, shipping costs are added. From a certain order value, these charges do not apply. More information on shipping costs can be found online at the contractor’s website. The customer will be informed again about prices, taxes and shipping costs in the order summary before the order is completed. The applicable value added tax will be included in the shipping costs.
More information on payment and shipping can be found on the contractor’s website.
Terms of delivery
Unless otherwise agreed, delivery will be made to the address indicated by the customer.
The risk of loss of or damage to the goods (only) passes to the consumer when he or a third party authorized by him to receive them (other than the carrier) has taken possession of the goods.
All our products are made to order. That means that when you place an order, a printer is activated to start creating your printout. We do not maintain inventory due to the large number of products and variations we offer. We aim to ship orders within 3 to 5 business days, but may take up to 15 business days depending on order size and current backlog.
For the best estimate of shipping time, please refer to the heading above. It is updated regularly and will provide you with the best estimate of when your order will be shipped.
International Orders. TERRAIN AND MINIS S.L.L. reserves the right to amend the shipping methods and costs to suit your order and destination. Once an international order arrives in the destination country, we cannot be responsible for any problems with your customs agency. It is your responsibility to deal with your customs agency. We cannot assume responsibility for lost or undelivered packages. We cannot be responsible for any duties or taxes imposed by your customs agency. You agree to this by placing an order with us.
TERRAIN AND MINIS S.L.L. is not responsible for delivery problems corresponding to suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which TERRAIN AND MINIS S.L.L. is not responsible, TERRAIN AND MINIS S.L.L. is entitled to withdraw from the contract in whole or in part. TERRAIN AND MINIS S.L.L. will inform the customer of this situation without delay. In this case, claims for damages are excluded, provided that TERRAIN AND MINIS S.L.L. cannot be proven to be at fault. The customer will be informed of existing delivery restrictions before the order process begins.
TERRAIN AND MINIS S.L.L. may send the customer a “free product” on a voluntary basis. The customer is not entitled to this free product. The free product is sent on condition that the customer does not cancel the contract. In case of cancellation of the contract, the customer must return the product free of charge to TERRAIN AND MINIS S.L.L. without being requested to do so.
Order Cancellation
TERRAIN AND MINIS S.L.L. prints on demand. That means that when you place an order, a printer is activated to start creating your printout. We do not maintain inventory due to the large number of products and variations we offer. If you decide that you wish to cancel your order, please inform us as soon as possible and, if we have not yet started production, we will be happy to cancel your order for you. If the order has already started production, it cannot be cancelled.
Payment due and reservation of title
All goods delivered by the contractor shall remain the property of the contractor until paid for in full. The sale of goods by the customer to a third party before they have been paid for in full requires the prior consent of the contractor.
If the customer has not accepted the goods as agreed (non-acceptance), the contractor is entitled to store the goods, whereby the customer may be charged a storage fee of 10 % of the gross invoice amount for each calendar year or part thereof, or deposit the goods in court at the customer’s expense.
Terms of payment
TERRAIN AND MINIS S.L.L. accepts the payment methods listed in its online store.
Warranty
Unless otherwise provided, the general legal provisions shall apply.
The warranty does not cover defects caused by customers. This applies especially in case of improper use, incorrect handling or unauthorized repair attempts.
If the goods are delivered with obvious damage during transport, the customer is obliged to report such errors immediately to the delivery person and to contact the contractor in the shortest possible time. Failure to file a complaint or contact us has no consequences for consumers’ statutory warranty claims, and is only used to assist the contractor in asserting claims against the company responsible for delivery of the goods or the insurance company.
If a product is covered by a manufacturer’s warranty, the customer shall claim directly from the manufacturer the rights arising from such warranty. If the customer is a consumer, he must be notified of the warranty in writing or on another permanent data medium available to him (e.g. e-mail). TERRAIN AND MINIS S.L.L.’s liability is excluded from the manufacturer’s warranty. The warranty obligations of niceshops GmbH are not restricted by any manufacturer’s warranty.
The Contractor offers no guarantee that the photos published in the web store are identical to the products actually delivered.
Exemption from liability
Claims for damages by the customer against TERRAIN AND MINIS S.L.L. are excluded, unless TERRAIN AND MINIS S.L.L.L. or its vicarious agents have not acted with intent or gross negligence.
Liability is limited to damages foreseeable at the time of conclusion of the contract.
The contractor is not liable to the companies for lost profits.
The contractor is not liable if he is unable to fulfill his obligations arising from the contractual relationship due to circumstances for which he or an executing agent is not responsible. This applies, among other cases, to the unavailability of energy or telecommunications services and due to force majeure.
Data protection
The data protection provisions are included in the data protection declaration.
The Contractor points out that customer data may be processed for advertising purposes on the basis of legitimate interests (Article 6, § 1, letter f of the General Data Protection Regulation). The customer may object to this form of data processing at any time (Article 21, § 2 of the GDPR).
Modification of Terms and Conditions / Modification Reservation of Change
We are entitled to unilaterally modify the GTC if this is necessary to rectify any subsequent equivalence problems or to adapt them to changed legal or technical framework conditions. Such changes will be notified to customers through the last e-mail you have provided us, indicating the content of the modified provisions. Changes shall become an integral part of the contract if the customer does not inform us in writing or in text form within 6 weeks after notification of the change that he objects to its inclusion in the contractual relationship. Such a modification made at a later date cannot constitute a disadvantage for the customer.
Contract language
The language available for the conclusion of the contract is Spanish.
Applicable law and jurisdiction
This contractual relationship is based on Spanish law and is deemed to be agreed. However, this choice must not result in depriving the consumer of the protection offered by the mandatory rules governing his place of residence (see Article 6, § 2 of the Rome I Convention Regulations). The application of the United Nations Convention on Contracts for the International Sale of Goods (United Nations Sales Convention) and the reference standards is excluded.
For any litigation, jurisdiction belongs exclusively to the Courts and Tribunals of the city of Madrid.
The place of jurisdiction is exclusively Madrid.
Online Arbitration and Dispute Resolution Board
In case of dispute, we can participate in the online arbitration procedure of the Community of Madrid.
https://www.comunidad.madrid/servicios/consumo/oficina-atencion-consumidor-comunidad-madrid
Should a problem arise, you can file a complaint through this platform and have it handled by an independent dispute resolution body:
https://ec.europa.eu/consumers/odr
Our e-mail address: info@terrainandminis.com