GENERAL CONDITIONS OF SALES
0. Identity of the contracting parties
On the one hand, the CLIENT, identified on the website by means of an email address, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
On the other hand, the PROVIDER, as the supplier of the products acquired by the CLIENT, is TINA RUBIO SL, with registered office at Calle Fernando VI, No. 9, 28004 Madrid, Madrid, CIF B87860045, customer service telephone 913 10 09 26 (and 913 08 36 83 for inquiries about plant rental for events), email contacto@margaritasellamamiamor.com and website https://www.margaritasellamamiamor.com (hereinafter, the Website).
1. Subject of the contract and purchase procedure
The purpose of this contract is to regulate the contractual relationship of sale and purchase created between the PROVIDER and the CLIENT at the moment when the latter accepts, during the online contracting process, the corresponding box.
The contractual relationship of purchase and sale involves the delivery, in exchange for a price that is determined and publicly displayed through the Website, of a specific product or service.
To place an order, the CUSTOMER must have the legal capacity to enter into contracts and browse the Website, selecting the products they wish to purchase. Then, following the instructions of the purchase process, they must provide the requested data, which will be processed in accordance with Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.
If the CLIENT registers on the Website and selects a username and password, they agree to use them diligently and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of the credentials or possible access by an unauthorized third party, so that the PROVIDER can proceed to block them immediately.
Once the CUSTOMER account has been created or, where applicable, the purchase process has been completed as a guest, and in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps: selection of the product or products and addition to the basket; review and, where applicable, modification of the contents of the basket; completion or verification of the billing and delivery data; selection of the payment method; and confirmation of the order, at which time the CUSTOMER declares to know and expressly accept these general terms and conditions of sale.
After order confirmation, the PROVIDER will send the CLIENT, by email, a receipt for the order placed, with details of the products, the total price (including taxes) and the shipping costs applied.
2. Shipping of orders
The PROVIDER makes shipments to the Peninsula through specialized transport companies, selected in each case according to the nature of the product and the delivery area, in order to guarantee the best possible preservation of the floral products and plants.
The general delivery hours are Monday to Friday from 9:00 to 20:30 and Saturdays from 10:00 to 14:30. Deliveries are not made on Sundays or public holidays. Orders placed on Mondays that need to be delivered outside the Community of Madrid can be delivered starting the following Tuesday.
For same-day delivery orders in the city of Madrid, the order confirmation deadline is 16:00 PM; orders confirmed after that time will be delivered the next business day, unless expressly stated otherwise during the purchase process.
On dates of special demand (such as Mother's Day or Valentine's Day), the PROVIDER reserves the right to extend the indicated delivery times, informing of this, as far as possible, on the Website itself or during the purchase process.
The delivery times indicated are estimates and may be affected by causes beyond the PROVIDER's control, including inaccuracy or insufficiency of the delivery data provided by the CLIENT.
In hospitals, funeral homes, hotels, residences, businesses, educational centers, and public buildings or other locations where delivery personnel are not permitted access to the recipient's room or premises, delivery will be considered complete upon delivery of the order to reception or concierge for subsequent transfer to the recipient. In these cases, if the delivery attempt cannot be completed due to reasons beyond the PROVIDER's control, the service will be considered fulfilled and no refund will be issued.
In deliveries made to funeral homes and other public places, where there is no obligation to manage the receipt of floral products or plants, it may not be possible to obtain the recipient's signature of receipt; in such a case, the delivery is understood to have been made once it has been produced in the indicated place, regardless of subsequent transfers or changes of location.
If, regardless of the reason, the recipient refuses delivery of the product, the PROVIDER's service will be considered completed, the CLIENT will be informed of this on the telephone number they have provided, and there will be no right to a refund.
Delivery times for freeze-dried and artificial plants. Due to the delicate processes required for their preparation and packaging to guarantee their quality and prevent damage during transport, the estimated delivery time for these products may range from 1 to 30 days, depending on availability. If you have any questions about the status of an order of this type, the CUSTOMER can contact the PROVIDER through the channels indicated in clause 5.
Delivery times for vases and flower pots. Items that are immediately available are shipped the same day or the next day; some models with limited availability may require up to 7 days for shipping, in order to ensure that each vase or pot meets quality standards. Margarita se llama mi amorIf you have any questions about the availability of an item, the CUSTOMER can contact the PROVIDER.
3. Transportation costs
Shipping costs are calculated based on the destination and order type, and are shown itemized and expressly accepted by the CUSTOMER before finalizing the purchase. Generally: standard shipping takes approximately 48 hours; shipping is free for orders over €80; and same-day delivery is subject to a €10 surcharge, with the confirmation deadline indicated in clause 2.
4. Right of withdrawal
In accordance with Articles 102 et seq. 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 (TRLGDCU), the CUSTOMER who qualifies as a consumer shall, in general, have a period of 14 calendar days to withdraw from the contract without needing to provide justification, counted from the day on which the CUSTOMER or a third party indicated by the CUSTOMER, other than the carrier, acquires physical possession of the product. To exercise the right of withdrawal, the CUSTOMER must notify the PROVIDER through the contact details indicated in clause 0, by means of an unequivocal statement, before the end of said period. In the event of a valid withdrawal, the PROVIDER will reimburse the CLIENT for all payments received, including, where applicable, delivery costs (with the exception of additional costs arising from the CLIENT's choice of a delivery method other than the least expensive one offered), without undue delay and, in any event, within a maximum period of 14 calendar days from the date on which the PROVIDER is informed of the decision, using the same means of payment employed by the CLIENT, unless the CLIENT has expressly agreed otherwise.
However, according to Article 103 of the TRLGDCU, the right of withdrawal does not apply to, among others, the following contracts:
a) The supply of goods made to the CLIENT's specifications or clearly personalized [Article 103.c) TRLGDCU]; and
b) The supply of goods that may deteriorate or expire rapidly [Article 103.d) TRLGDCU].
Given the nature of the PROVIDER's business, these exceptions apply, in particular, to fresh flowers, live plants, and floral arrangements, as these are perishable products, as well as to products made or personalized specifically at the CLIENT's request (for example, arrangements with a dedication or custom design). Conversely, non-perishable and non-personalized items sold as is (such as vases, empty pots, or certain accessories) are generally subject to the aforementioned 14-day right of withdrawal.
5. Legal guarantee of conformity
When the CUSTOMER has the legal status of a consumer and the purchased product is not among those excluded due to its perishable nature, as per the preceding clause, the legal guarantee of conformity regime provided for in Articles 114 et seq. of the Spanish General Law for the Defense of Consumers and Users (as amended by Royal Decree-Law 7/2021 of April 27, which transposes Directive (EU) 2019/771) shall apply. The PROVIDER is liable for any lack of conformity existing at the time of delivery of the product and becoming apparent within 3 years of said delivery. It is presumed, unless proven otherwise and unless such presumption is incompatible with the nature of the product or the lack of conformity, that any lack of conformity that becomes apparent within 2 years of delivery already existed at the time of delivery.
In the event of a lack of conformity, the CUSTOMER shall be entitled, firstly, to the repair or replacement of the product, at their option, free of charge, within a reasonable time and without undue inconvenience. If repair or replacement is not possible or would be disproportionate, or if the PROVIDER has not completed them within a reasonable time or without undue inconvenience to the CUSTOMER, the CUSTOMER may choose between a proportional price reduction or termination of the contract, with the right to a refund of the amounts paid, unless the lack of conformity is minor. The CUSTOMER also retains the right to claim, where applicable, any damages that may be warranted under applicable law.
Given the perishable nature of natural flowers and plants, the CUSTOMER is advised to check the product at the time of delivery and to inform the PROVIDER, as soon as possible and through the channels indicated in clause 6, of any noticeable quality defect, without prejudice to the legal deadlines indicated above.
6. Complaints and dispute resolution
For any type of complaint, the CLIENT may contact the PROVIDER via email at contacto@margaritasellamamiamor.com, by phone at 913 10 09 26, or by mail to Calle Fernando VI, No. 9, 28004 Madrid.
The PROVIDER has official complaint forms available to the CLIENT, who may request them through the contact channels mentioned above.
For the resolution of disputes arising from the contract, the CLIENT consumer may resort to the Consumer Arbitration Board corresponding to their domicile, if the PROVIDER is adhered to said system or agrees to submit to it for the specific case, or to the competent jurisdictional bodies in accordance with clause 12. In the case of consumers domiciled in another Member State of the European Union, they may contact the European Consumer Centres Network (ECC-Net) of their country of residence to obtain assistance in cross-border disputes.
7. Overwhelming force
The PROVIDER shall not be liable, in whole or in part, for the fulfillment of its obligations if it is due to prolonged interruptions of the electricity supply, telecommunications lines, strikes, natural disasters or any other case of force majeure beyond its control, unforeseeable or, even if foreseeable, unavoidable, being exonerated from all liability while the cause persists.
8. Competition
These general terms and conditions, as well as any specific terms and conditions that may apply, expressly and clearly govern the contractual relationship between the PROVIDER and the CLIENT. The eventual nullity or ineffectiveness of any of its clauses will not affect the validity of the remaining clauses, which will continue to be binding on the parties. The CLIENT declares to know and accept all of these general terms and conditions upon confirming their order.
9. Generalities of the offer
All products offered on the Website are described as accurately as possible by the PROVIDER. However, product photographs are for illustrative purposes only and may show slight variations from the final product delivered, given the natural and handcrafted nature of floral products. These variations will not, under any circumstances, imply a reduction in quality compared to what is offered. The PROVIDER reserves the right to modify product specifications from the information provided in its advertising, provided that such modifications do not affect the value of the products offered. These modifications will also be valid if, for any reason, the supply of the offered products is affected.
10. Price and validity period of the offer
The prices shown for each product include the legally applicable Value Added Tax (VAT), although, unless expressly stated otherwise, they do not include shipping, handling, packaging, shipping insurance or any other additional services related to the purchased product, which will be shown in a detailed breakdown before the completion of the purchase.
The prices applicable to each product are those published on the Website and are expressed in euros. The CUSTOMER acknowledges that the price of some products may vary in real time.
Before making a purchase, the CUSTOMER can check all order details online: items, quantity, price, availability, shipping costs, and delivery method. Order confirmation implies knowledge and acceptance of these conditions. Once the order is placed, the PROVIDER will send the CUSTOMER the corresponding invoice or proof of purchase by email; at the CUSTOMER's express request, it can also be sent in paper format.
11. Payment Methods
Payment for products and, where applicable, shipping costs, can be made using any of the following methods available on the Website: credit or debit card, PayPal, Bizum, Apple Pay, Samsung Pay, or cash on delivery. The availability of each payment method may vary depending on the product type, order amount, or destination, and will be displayed during the checkout process.
12. Applicable law and jurisdiction
These general terms and conditions are governed by Spanish law. For any legal dispute that may arise between the PROVIDER and the CLIENT, the parties submit to the courts of the CLIENT's domicile, unless the CLIENT is domiciled outside of Spain, in which case the parties submit, expressly waiving any other jurisdiction, to the courts of Madrid. The foregoing is without prejudice to any rights that the CLIENT may have as a consumer under applicable law.