GENERAL TERMS AND CONDITIONS OF USE AND SALE
(Legal Notice & Terms of Service)
1. IDENTIFICATION AND OWNERSHIP
In compliance with Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), the owner of this website (
Owner: Christian Montoro (hereinafter, "EUSPAGNE").
Address: Calle Luis Vives 20, Spain. (Note: Online store exclusively, no in-store visits or pickups allowed without prior appointment).
Contact: [email protected]
2. OBJECT AND ACCEPTANCE
This text consolidates the Legal Notice and the General Terms and Conditions of Sale governing the access, navigation, and sale of products through this website. Accessing and using the website, as well as purchasing any of its products (Sphagnum moss, 3D designs, or accessories), implies the automatic, full, and unreserved acceptance of all conditions set forth herein.
3. PRODUCT DESCRIPTION AND DISCLAIMER
3.1. Sphagnum Moss (Living Product): Moss is sold in containers of approximately 6 x 3 cm. Being a natural and living product, photographs are for illustrative purposes only; the final product may vary in thickness, color, or texture.
Cultivation Responsibility: EUSPAGNE provides cultivation guides but is not responsible for the survival of the moss after delivery if the care applied by the customer is not appropriate.
3.2. 3D Printing and Designs:
Physical Parts: Parts printed using FDM technology may present characteristics inherent to additive manufacturing (layer lines or minor aesthetic imperfections), which shall not be considered manufacturing defects.
Digital Files (.STL/.OBJ): These are intangible products for immediate download. Their functionality depends on the user's software and hardware.
4. INTELLECTUAL PROPERTY AND LICENSE OF USE (Digital Files)
All website content (texts, images, brands, and code) is the exclusive property of Christian Montoro.
Specific Clause for the Purchase of 3D Designs (Digital Files): The purchase of a digital file grants the customer a strictly personal and private license of use.
Strictly Prohibited: Reselling, public distribution, uploading to internet repositories, or free sharing of the digital files is strictly forbidden.
Commercial Use: Mass commercial sale of physical printed parts derived from these files is prohibited without the express written authorization of EUSPAGNE.
5. PRICES AND PAYMENT METHODS
The prices shown include the VAT currently in force in Spain (10% or 21% depending on the product type). Shipping costs are not included in the product price and are calculated at the end of the order, including their corresponding VAT.
Accepted Payment Methods:
Bank Transfer: The order will be processed once the deposit is reflected.
Bizum: Immediate and secure payment via mobile (Spain).
PayPal: Secure international payment gateway.
6. SHIPPING AND CUSTOMS
6.1. Processing: To ensure the freshness of the living product, moss shipments are preferably made on Mondays, avoiding the package being held in transport warehouses over the weekend.
6.2. International Shipments and Canary Islands (Taxes/Duties): For orders destined outside the Iberian Peninsula and Balearic Islands (including the Canary Islands, Ceuta, Melilla, and non-EU countries):
The customer is solely responsible for knowing the import restrictions on plant species in their country.
Customs Duties: Any tariff, IGIC, customs clearance fee, or import tax at the destination shall be borne exclusively by the buyer. EUSPAGNE is not responsible for delays or returns due to non-payment of such fees or rejection at customs.
7. RETURN POLICY AND RIGHT OF WITHDRAWAL
In accordance with the Spanish General Law for the Defense of Consumers and Users (Real Decreto Legislativo 1/2007), the customer has a period of 14 calendar days to withdraw from their purchase, EXCEPT in the following legal exceptions applicable to our catalog:
A. Exception for Perishable Goods (Art. 103.d): Returns of Sphagnum moss or live plants will not be accepted if they have been delivered in good condition, as these are goods that can deteriorate or expire rapidly, and their return would jeopardize the viability of the living being.
B. Exception for Digital Content (Art. 103.m): Returns or refunds of Digital Files (3D Designs) will not be accepted once the download or file transfer has begun, as the consumer loses their right of withdrawal upon accessing digital content that is not supplied on a tangible medium.
C. Exception for Customized Goods (Art. 103.c): Returns or exchanges are not accepted for 3D printed parts made under specific orders or customer personalization.
Warranty for Defects: In case of receiving a product damaged during transport or an erroneous item, the customer must notify [email protected] within a maximum period of 24 hours from receipt, attaching photographs of the packaging and the product to manage the replacement.
8. PERSONAL DATA PROTECTION
Data provided during the purchase will be treated for the sole purpose of managing the order, billing, and shipping. Strictly necessary data (name, address, phone) will only be shared with the transport company to carry out the delivery. The user may exercise their rights of access, rectification, and deletion by writing to the contact email.
9. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish legislation in matters not expressly established. for the resolution of disputes, the parties agree to submit to the Courts and Tribunals of the seller's domicile, unless Consumer Law imperatively requires the jurisdiction of the buyer.
