General terms and conditions

These General Contracting Conditions (hereinafter referred to interchangeably as “General Conditions” or “Conditions”), regulate the rights and obligations derived from commercial transactions carried out through the portal www.terragust.com (hereinafter the “Website” ) of which the company Terratast, SL is the owner (hereinafter referred to interchangeably as „Terragust“ or, „we“ or the „company“), and together with the conditions of the Legal Notice and the privacy policies, make up the framework contract that all users who access the Website must know , understand and accept.

For the sole purposes of these General Conditions, the terms used in the plural or singular of „You“, „User“ or „Client“, include any person who accesses the Website and uses, browses and / or contracts any of the products and services offered.

Terragust reserves the right to modify, totally or partially, these General Conditions, the new ones agreed upon from the moment of their publication on the Website being applicable. For this reason, it is convenient that you read the General Conditions carefully before proceeding to make an order request. In any case, the aforementioned modifications will not have retroactive effects on the products and services previously contracted.

1. Identification 

The Website is owned by the company Terratast, SL, provided with NIF B-16613515, domiciled at Via Palma 92, 07500 Manacor, and registered in the Commercial Registry of the Balearic Islands, Volume 2800, Folio 103, Inscription 1 with sheet PM-86028.

Any communication may be directed to the indicated registered office, to the telephone (+34) 679657411 or the email address comunicacion@terragust.es.

2. Activity

Terragust carries out the activity online through the Website, offering quality fresh products of agricultural origin, mainly focused on the fruit and vegetable sector, characterized by being integrated agriculture, and processed products.

In the supply of fruits and vegetables, there is the possibility of contracting the product in a „basket“ format, which would include a variety of those that are seasonal. These baskets are made up of products from integrated agriculture.

3. Data and contents supplied to website

3.1 Terragust reserves the right to modify the commercial offer presented on the Website (modifications to products, prices, promotions and other commercial and service conditions) at any time. Terragust makes every effort within its means to offer the information contained in the Website truthfully and without typographical errors. In the event that at any time an error of this type occurs, at all times beyond the control of Terragust, it will be corrected immediately. If there is a typographical error in any of the prices shown and a Client has made a purchase decision based on said error, Terragust will notify the Client of said error and the Client will have the right to cancel their purchase at no cost on their part, without For this reason, responsibilities or compensation of any kind may arise for Terragust.

3.2 Terragust strives at all times to provide complete, truthful and lawful information, and that the contents of the Website serve so that the user makes fully conscious and informed purchase decisions.

4. Products

4.1. Every week the contents of our baskets change, they include: vegetables to boil, vegetables for salad and / or different types of fruits. You can consult weekly on our website the contents of each week’s boxes. All the products are produced in Mallorca, as long as the opposite is not indicated.

4.3. Baskets of freshly harvested fruit and vegetables are prepared daily in the warehouse located in Manacor and from there they are sent directly to the informed delivery address. Our garden is very extensive but logically it does not produce everything. We have a network of friendly farmers in Mallorca who help us to have a rich and varied offer.

5. Contracting system and order modalities
Users have the possibility of placing all their orders by electronic contracting from the Website.

The contracting of our products through our Website is easy and intuitive, and we indicate at all times the steps that must be followed, through a menu that is displayed at the top of the page on which you are browsing.

There are two types of orders: Terragust Experiences and manufactured product orders.

In the first case (Terragust experiences), choose between tour plus tasting menu or only tasting menu. Next you must select the number of people and date. To finish, the personal data and the credit card number will be entered to make the payment.

When the reservation is already confirmed you will receive an email with the reservation confirmation. The entire process will be done in the language chosen by the User.

In the second case (finished product orders), choose the products you want to add to your basket.

There are two types of orders: subscription orders (with a weekly, biweekly, monthly) or occasional. Subscription orders allow the user to periodically receive the contracted products and obtain advantageous price conditions.

First, the type of basket must be chosen from a wide variety.

Once the basket is chosen, you can configure it to your liking. This means that, if you don’t like a product in your basket, you have the possibility of changing it for another product by writing it down in Notes at the time of order.

Choose the shipping frequency, weekly, biweekly or monthly, or a specific shipment, according to your needs, and complete your order with other prepared products: add oil, jams, liqueurs or other products from our pantry and you will save your shipping costs.

Finally, confirm your order, once added to the shopping cart, you can finalize it by entering the required data for billing and delivery, and even create an account for subsequent orders. When finished, we will provide a summary of the chosen products, their unit price, shipping costs and the total to pay. Before placing the order, you must choose the payment method, enter any discount code if you apply and accept the General Conditions and privacy policies, always before making the payment.

The total amount is provided broken down. All taxes are included in the prices of our products. Shipping costs (if applicable) will be calculated based on the characteristics of the products in each order and the delivery postal code.

Throughout the hiring process, the necessary steps that you must take for the final hiring are provided, being able at any time to return to the previous screen if you wish to correct the information or make a change in the chosen options.

The order request will be understood to be formalized from the moment you mark the option „I have read and accept the General Conditions and privacy policies“ or similar mention, and send your request through the button provided for it, and it will be considered that understands and fully and unreservedly accepts these General Conditions, existing from that moment on a valid and effective contract that binds the parties.

Once the order request has been made and in the shortest possible time, always before 24 hours have elapsed from the formalization of the purchase, Terragust will confirm the receipt and registration of your order by email. It is very important to make sure that you inform in the data collection form a valid email address, as well as a contact phone number in case there is an incident and it does not work.

6. Payment Methods

6.1. When managing the order, the Client can freely choose to pay for the purchases made by credit or debit card (MasterCard, Visa, Visa Electron, …). In certain cases and to prevent possible fraud, Terragust reserves the possibility of requesting a Client for a specific form of payment in the event that the identity of the buyer is not credibly proven.

For payments by direct debit, the IBAN and account number must be informed.

Only secured credit cards will be accepted to avoid any possible risk or fraud. Secured cards are associated with security keys and, at the end of the payment, they are transferred to the bank’s payment gateway, where these keys must be entered. If you do not have a secured card for online payments, the bank must provide the necessary information and passwords.

7. Form, costs and delivery time

7.1. Terragust gives the option, before contracting, to choose the delivery option that best suits the Client and depending on the service in their postal code. Terragust will deliver the order within the period specified during the contracting process.

Terragust will ask the user to choose the place of delivery, specifying their address, office or center where they want the product to be delivered, as well as the contact telephone number in the event that there is any incident with the delivery or the carrier. For security reasons, orders will not be delivered to public buildings, hospitals or any premises where the purchased product must be delivered to a person other than the Client.

7.2 Delivery costs are not indicated in the price of the products, they are paid by the Customer and are added to the total amount of the order. Delivery costs will be informed prior to contracting and will vary according to the reported postal code.

7.3 The delivery area covered by Terragust is certain towns in Mallorca.

7.4. Each delivery is considered to have been made from the delivery of the product by the carrier to the Customer at the place indicated by him during the purchase process.

8. Return policy and right of withdrawal
8.1. Right of withdrawal

The Customer has the right to withdraw their purchase within 7 calendar days after delivery of the products, unless exceptions apply to those provided for in current consumer regulations.

According to that, the right of withdrawal does not apply to the contracting of products that are perishable, such as fruits, vegetables, meat, eggs, etc. For non-perishable products, the withdrawal period of 7 calendar days provided for remote contracting will apply.

The offer of non-perishable products on the Terragust website is not usual, but by way of example, they fall into this category, among others: Olive oil, liqueurs or jams.

In accordance with consumer regulations, the right of withdrawal will not apply to contracts that refer to, among other exceptions:

1. The supply of goods made according to the specifications of the consumer and user or clearly personalized.
   2. The supply of goods that may deteriorate or expire quickly.
   3. The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
   4. The supply of goods that after delivery and taking into account their nature have been inextricably mixed with other goods.

The withdrawal will imply that you, from the effective possession of the product, have 7 calendar days to notify us of your decision to withdraw from the contract through an unequivocal statement, such as, for example, sending a communication via e-mail to comunicacion @ terragust .es, or by post, or by filling in the withdrawal form that appears as an annex to these Conditions.

Once the period of 7 calendar days has ended, Terragust will not accept returns for withdrawal of Product purchases.

To return the product, the Customer may do so in two ways:

• Contacting Terragust directly to manage the collection and return of the product, always charged to the Customer for the return costs. In this case, the collection of the Products will be scheduled and the Customer will be informed by email of the date and time on which such collection will take place.
• Or the Client can return the products at his own expense without using the Terragust system. However, Terragust advises to carefully package the product (not using the original packaging could depreciate the product) and to choose a transport service with acknowledgment of receipt. Terragust will reject any product returned with cash on delivery expenses paid by the company and will not be responsible in the event that the product does not arrive at its premises.

The return of sealed goods that are not suitable to be returned for health protection reasons and that have been unsealed after delivery is not allowed.

8.2. Refund

In case of withdrawal, the Customer will be entitled to a refund of the price of the returned products, in addition to the ordinary shipping costs, provided that the returned products are in the same conditions in which they were delivered, have not been used (except as necessary for verify its use and suitability with the expected), damaged, unsealed (in the cases previously indicated).

Terragust will return to the Customer the cost of the product and the proportional shipping costs after deducting the return costs.

Terragust will manage the refund of the total amount through the same payment system used by the Client for contracting the products, within a period not exceeding 7 calendar days from the Client communicating his withdrawal.

Terragust will check in its premises the adequacy of the returned product, reserving the right not to make the refund in case it detects that the purchased product and the returned product do not coincide or that the return has not been made in accordance with these Conditions.

In cases where the Client chooses to send the products on their own, Terragust may retain the refund until the products have been received or until the Client sends a proof of shipment / return, depending on which condition is met first.

8.3. Returns due to lack of conformity (guarantee)

In the event that the products are in poor condition or do not correspond to those that have actually been contracted, the Client will notify Terragust immediately, and at the latest within 24 hours after delivery, by email or by phone at +34 679 657 411, your desire to exercise the right to terminate the contract or replace the product received. The returned order must be delivered together with the delivery note and, where appropriate, the invoice issued to Terragust.

The return to Terragust of the Products may be made in the manner established in the previous section of „Right of withdrawal“.

If the replacement of the products is not possible, Terragust, will refund the total amount of the purchase, which includes both the price of the products and the shipping and return costs, if applicable, through a credit card used. or by bank transfer to the account indicated by the Client.

The products have a legal guarantee of two 2 years from the date of delivery, always taking into consideration the nature of the products purchased. The guarantee offered by Terragust corresponds to that established in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.

In the event that there is a lack of conformity, the Client must inform Terragust within two (2) months of becoming aware of it.

9. Cancellation of the order
Terragust experiences:

In the event that the User has booked a Terragust experience, they may cancel the reservation 72 hours before and the amount will be reimbursed or another date will be provided, as appropriate to the User.

For possible date and day errors, the User may contact the email: reservas@terragust.es

In the case that the Company decides to carry out the Terragust experience even if the weather conditions are not favorable, the User can choose another day to carry out the experience but the money will not be returned, since the event will take place in another farm but with the same conditions.

Orders for manufactured products: The cancellation of the order by the user will be subject to the normal operation of Terragust, being necessary to inform of the cancellation the day before the promised delivery day.

Cancellations made after this period will not be effective, and the Client must accept the order.

10. Client obligations

10.1 The Client undertakes at all times to provide accurate information about the data requested in the user registration or order forms, and to keep them updated at all times.

10.2 The Client agrees to accept all the provisions and conditions contained in these General Conditions, understanding that they include the best possible service will for the type of activity carried out by Terragust.

10.3. Likewise, you undertake to keep your personal access codes to the Website confidential and with the utmost diligence.

10.4. The Client undertakes to enable the delivery of the requested order by providing a delivery address where the order can be delivered within the time chosen before contracting, in accordance with the provisions of clause (7) of these conditions. In case of breach by the Client of this obligation, Terragust will not have any responsibility for the delay or impossibility of delivery of the order requested by the Client.

10.5 The Client undertakes to make direct debit payments in the subscription mode and that he has sufficient funds to cover all the costs resulting from the purchase of products through the Website. Those Clients who, prior notice of non-payment, do not regularize their situation, may be terminated from the service and required to pay directly or through third parties.

11. Claims
Claims should be addressed to Terragust by email at comunicacion@terragust.es. Once the request, claim or complaint has been registered by our Customer Service department, we will answer you in the shortest possible time, maintaining an optimal level of communication at all times.

12.Intellectual property
The intellectual and / or industrial property rights of the contents, texts, comments, works, illustrations, images, guides, corporate logos, etc., of the Website, are the property of Terragust and, when applicable, of the indicated entities or persons on the Website, all of them being protected by the Spanish legal system and the applicable community and international regulations.

Unless prior and written authorization from Terragust, as well as the cases legally permitted for personal and private use, the reproduction, distribution, commercialization, transformation, copying, or any other acts of communication or dissemination, total or partial, by any means, of this Website and / or its contents, even if the source of origin is cited. Any action that contravenes these provisions will constitute an infringement of the intellectual and / or industrial property rights of Terragust or that entity or person that is the owner.

13. Security, confidentiality and protection of personal data
13.1. Terragust guarantees security and confidentiality in all its communications with its Clients.

13.2. In accordance with the provisions of the RGPD, the personal data provided will be treated by Terragust as responsible for the treatment of these. Said data will be processed to comply with the rights and obligations contained in this contract. Consequently, the legal basis of the treatment is to comply with the aforementioned contractual relationship, said purpose being strictly necessary to execute this contract.

The data will be kept as long as the contractual relationship is in force and, in any case, will be kept during the legal periods of prescription of the responsibilities arising from the contractual relationship that binds both Parties, being treated only by Terragust and those third parties to whom it is legally or contractually obliged to communicate them (as is the case of third-party service providers who have been entrusted with a service linked to the management or execution of the contract) The Client may exercise, under the terms established by current legislation, the rights of access, rectification and deletion of data, as well as request that the processing of their personal data be limited, oppose it, or request the portability of their data by directing a written communication to Terragust, through the addresses specified in clause (1) of these conditions. In the event that they are not satisfied with the care received after exercising any of the aforementioned rights, a claim may be filed with the Spanish Data Protection Agency or another competent authority.

For more information about Terragust’s treatment of personal data, see our privacy policies.

14. Limitation of liability
The liability of Terragust, its agents, employees, subcontractors and suppliers for claims arising from the sale of the products and the fulfillment of their obligations will be limited to the amount of the order invoiced by Terragust for the products on which liability may arise, without prejudice of those inalienable responsibilities contemplated in the regulations for the protection of consumers and users.

15. Applicable legislation and competent jurisdiction
15.1. These General Conditions are governed by Spanish law.

In the event of a dispute or disagreement arising from these General Terms and for the resolution of any conflicts, Terragust and the Client agree to submit, at their free choice, and waiving any other jurisdiction or jurisdiction to which they may be entitled, to the Courts and tribunals of the city corresponding to the domicile of the consumer Client.

For the purposes of these General Conditions, „consumer“ will be understood as the person who acts with a purpose other than his commercial, business, trade or profession, in accordance with Royal Legislative Decree 1/2007, of November 16, by the that the revised text of the General Law for the Defense of Consumers and Users is approved.

15.2. In the case of a non-consumer Client, the Parties agree to submit to the courts and tribunals of Palma de Mallorca.

15.3. The European Commission also provides consumers in the European Union with the online dispute resolution platform to resolve disputes amicably (article 14 paragraph 1 Regulation (EU) 524/2013), accessible on the web http: // ec .europa.eu / odr.

Conditions updated on March 2, 2020

According to the general law for the defense of Consumers and Users

When the User is a consumer and the contract is concluded without the simultaneous physical presence of the User and the Owner (distance selling), the User will have the right of withdrawal, which will be 14 days, with the exceptions provided for in article 103.

Exceptions: 

The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by the entrepreneur, you will have lost your right of withdrawal.

Keep in mind that according to consumer regulations, the right of withdrawal will not apply 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 may deteriorate or expire quickly.
The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
The supply of goods that after delivery and taking into account their nature have been inextricably mixed with other goods.
If you want more information about the return and cancellation of your purchase, you can consult it in our general contracting conditions.

WITHDRAWAL FORM

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

COMPANY: TERRATAST S.L.

Via Palma 92, Manacor, 07500, Baleares, Spain

Form principle

Mr./Dña. _____________________________________________________________________________, of legal age, with ID number _____________ (of which a copy is attached) and address at __________________________________________________________, number ___, floor ____, of the municipality of _____________________________, I hereby inform you that I am withdrawing from my contract / order ________________ received on date ________________. Form principle

End of the form

Remember, if you wish, you can provide us with any other additional information:

Customer signature (only if presented on paper)