I.- Website Ownership
This Legal Notice sets out the General Conditions Governing Access to and Use of the Website which Newlite® makes available to Internet users, free of charge, through the domain newlitehorticulture.com.
Newlite® is a registered trademark owned by Newlite Lighting Technology SL, with Tax ID (CIF) ES B16714461 and registered office at C/Jarra, 59, 14540, La Rambla, Córdoba, filed with the Business Registry (Registro Mercantil) of Córdoba in Volume 2804, Page CO-42728, Folio 201, Entry 1.
Access to and use of this Website implies full acceptance of these General Conditions in the version published at the time the User accesses the site, without prejudice to any specific conditions that could apply to certain specific Website services.
II.- General Conditions of Use
2.- Intellectual and Industrial Property
The intellectual property of the elements that make up this Website, including its source code, design, browsing structure, databases and other displayed resources, correspond to the Company holding the Newlite® trademark , due to possessing their operating rights (reproduction, distribution, public communication and transformation) or having the necessary licences of use.
The viewing, printing and partial downloading of the Website content is authorised only subject to the following conditions:
- If compatible with the Website purposes.
- If the information is obtained only for personal and private use. It is expressly forbidden to use it for commercial, expert, legal or illicit purposes.
- If the rights of the creator and integrity of the Website contents are respected. It is expressly prohibited to modify any part thereof.
Some of the Website images may come from third-party websites or stock agencies. They are all used in good faith and published subject to copyright licences that permit their commercial use free of charge or payment of royalties on their transfer and use. In such cases the author and source are correctly specified and the licence specified in the place of origin is applied to them.
The Company holding the Newlite® trademark also holds all industrial property rights related to its products and services. References in the Website to third-party products and services do not imply the existence of any rights or responsibility over them, or any endorsement, sponsorship or recommendation by the Company, unless expressly stated.
The unauthorised use of the information appearing on the Website, its resale and the violation of the intellectual or industrial property rights of Newlite® or third parties shall give rise to the legally-established liabilities
No link may be established to the Website from any other site without the prior, express consent of the Company holding the Newlite® trademark.
In order to improve the services of the Website, the Company holding the Newlite® trademark reserves the right to make changes and updates to the information appearing on the Website, the settings and design of the Website and this legal notice or any other specific conditions at any time, and without notice.
4.- Exclusion of liability
The Company holding the Newlite® trademark is unable to guarantee the non-existence of interruptions or errors in accessing the Website or its content. Nonetheless, it undertakes to carry out all tasks required to correct errors, implement updates and restore communications with the utmost diligence, except in the case of Force Majeure events.
The Company owning the Website assumes no liability whatsoever derived from the contents, information or services to which links are established from the Website, nor does it guarantee the absence of viruses or any other elements therein that could cause alterations in the User’s computer system (hardware and software), documents or files and it declines all liability for all manner of damages of this kind that affect the User. The User is informed that communications through open networks are unsafe. It is their responsibility to implement all the necessary technical measures to control such risks within reason and prevent damage to their equipment, the loss of data and the theft of confidential information. To that end, they should have updated systems for the detection of malicious codes such as viruses, Trojan horses, etc. and security patches installed on their browsers. For more information, contact your Internet Service Provider.
The necessary Internet connection to access the service is not provided by the company owning the Website and is the User’s responsibility.
Similarly, the Information Society services provided by the Website and not subject to pre-contracting are provided to the User free of charge and the User’s only obligation is to comply with the regulations of use established in this Legal Notice. Consequently, Newlite® has no obligation to fulfil determined levels of Website availability with respect to these services, or take any specific security measures. Likewise, the Company owning the Website may suspend, withdraw or cancel some or all of the services not subject to contract at any time, without notice. The above provision shall not affect those services reserved for registered Users or subject to pre-contracting, which shall be governed by their specific conditions.
Neither Newlite® nor the Company that owns it shall be held liable for the use made by others of the information published on its Website, or for damages or economic losses sustained which could directly or indirectly cause economic, material or data losses due to the use of such information.
5.- User participation. Obligations
Certain sections of the Website allow Users to communicate by sending texts through the form provided for that purpose. The use of this communication channel implies knowing and previously accepting the following conditions:
- Compliance with current law, ethics and socially-accepted good practices, public order and these General Conditions of Access and Use.
- Submit only licit and truthful statements that are in keeping with the purposes and objectives pursued by the communication form.
- Refrain from submitting contents or links that are defamatory, libellous, offensive, insulting, racist, obscene, threatening or discriminatory and commercial, promotional or advertising contents.
Similarly, Users recognise:
- That Newlite® is not obliged to respond to queries or opinions submitted through such channels, which are not valid means for sending notifications, information or contracting and requesting professional services.
- That Newlite® is unable to guarantee the receipt of contents submitted by Users that are previously screened by a spam filter and, as may be the case received subject to administration service availability.
6.- Venue and Jurisdiction
These General Conditions shall be governed by Spanish Law.
Access to and use of the newlitehorticulture.com Website is conditional on the express and prior waiver of any venue or jurisdiction that could correspond to the Users in exercising their rights arising from the use and content of the Website, and they expressly agree to submit all disputes that could arise from the use thereof to the courts of La Rambla (Spain).
Furthermore, in accordance with Article 14.1 of Regulation 524/2013 on Online Dispute Resolution (ODR) for consumer disputes, we hereby inform you of the existence of an Online Dispute Resolution platform provided by the European Commission and the possibility of filing a complaint through the same by accessing the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
III.- Conditions for the Service Provision between Newlite® and Users of its E-commerce platform.
1.- General Conditions of Contract. Pre-contract information
These General Conditions of Contract, together with any specific conditions that may apply, shall expressly regulate the relations between Newlite® and third parties (hereinafter, “Users”) who contract the provision of services or products offered through the Website.
These General Conditions have been drafted in accordance with the provisions of Act 34/2002, on Information society services and E-commerce, Act 7/1998 on General Conditions of Contract, Act 7/1996 on Retail Trade Management, Act 59/2003 of 19 December, on Electronic Signature and all other legal provisions that may apply.
As a B2B distributor, Newlite® only sells to wholesalers and professionals, and the application of Royal Legislative Decree 1/2007 of 16 November, approving the Revised Text of the General Act for the Protection of Consumers and Users and other complementary laws is expressly excluded.
The use of any of the services offered on the Website entails the unreserved acceptance by the User of each and every one of the General Conditions of Contract, the General Conditions of Use of the Website and any Specific Conditions that may regulate the purchase.
Newlite® hereby informs you that the processes for purchasing goods or the provision of the services offered are those described in these General Conditions and any Specific Conditions indicated onscreen while browsing. The User thus declares that they know and accept them as being necessary to access the products and services offered on the Website.
All information provided during the contract process shall be stored by the company owning the brand, so that after sending a request in writing or by email, the User may obtain information on the operations they have carried out during the previous 6 months. All changes and/or corrections to the data provided by the Users while browsing shall be made in accordance with the indications published on the Website.
The B2B provided to the client through the newlitehorticulture.com link does not permit the direct purchase of products from third parties.
2.- Services Offered
The Services offered on the Website shall be governed by the terms of these General Conditions, and in particular, by the provisions of the Specific Conditions set for each service.
To be able to access the services offered through the Website, Newlite® may provide the User with a login and a password. The login and password provided to the User are identification elements that enable access to the services and they are personal and non-transferable. Newlite® may change the login and/or password at any time, with the necessary notice, and in this case, the modified codes shall no longer be valid.
All the technical resources and requirements needed to access the Website and the services it offers shall be the responsibility of the User, as well as any expenses or taxes that could be incurred in providing such services.
After gaining access, in order to use the different services, the User must follow all the instructions and indications set out onscreen, and to that end, complete the Specific Conditions and any other forms established for each service, which shall entail reading and accepting all the general conditions set out in the General Conditions of Use of the Website, in these General Conditions of Contract and in any Specific Conditions that could apply.
Lastly, we wish to indicate that after placing an order, the Customer Service Department of the company that owns Newlite® shall send the User a document confirming the contract by email, along with invoice attached to the same.
3.- Products offered. Purchase system
The Products offered on the Newlite® Website shall be displayed onscreen, along with their features and prices. In cases in which the product price is determined by weight, either the price per kg or the price of the packaged product shall be indicated, but in the latter case, the final price included in the purchase document will depend on the actual weight.
Likewise, the total amount of costs incurred in the shipment of each order to the User’s home shall be displayed onscreen, which shall always be paid by the buyer. The prices indicated onscreen are in Euros and include VAT and all other taxes that may apply and they shall at all times be those in force. Offers shall be duly indicated onscreen. Depending on the case, Newlite® reserves the right at all times to decide which Products shall be displayed and offered to the Users through the Website. In this way, the company may add new products to those included in the Store at any time, based on the understanding that said new products shall be regulated by the terms of the General Conditions in force at that time, unless stipulated otherwise. Similarly, Newlite® reserves the right to stop providing access to any of the products on offer in the Store at any time, without notice.
To purchase the products offered on the Newlite® Website, the buyers must be registered, for which purpose they must be over the age of eighteen (18) years, follow the instructions given onscreen and execute the following instructions, and any others that may be included on the different Store screens:
- Fully complete the electronic form appearing in the Store and follow the instructions set out on it. Attach a copy of the census declaration (036/037).
- Press the ACCEPT icon/button.
- The User shall receive confirmation of the registration by email.
The login and password provided to the User by Newlite® are identification elements that enable the User to access and make their purchases, and they are personal and non-transferable.
The login cannot be changed by the User, but they may change the password, in which case the original codes will no longer be valid.
In the event of forgetting the password, the User shall receive a new one at the email address they used to register.
Once the User has registered, in order to purchase the Products, they must add the product they want to their Shopping Cart, following the instructions displayed onscreen. After selecting all the Products they must validate the delivery date and accept the purchase, which means reading and irrevocably accepting each of these General Conditions, and, as applicable, any Specific Conditions that could exist. The purchase prices shall be those in force at the time of placing the order.
The purchase amount at the time of confirming the order may not match the final order amount, due to the existence of products with variable weights in the delivery.
After making the purchase and within the shortest possible time (in all cases no later than 24 hours after the purchase), the Customer Service Department of the company that owns Newlite® shall send the User an email confirming the contract. The Client may also ask for the respective invoice to be sent. The order confirmation and purchase document shall not be valid as invoices.
The holder of the Newlite® trademark reserves the right to cancel the login and password and thus, access to the Store in the case of Users with outstanding or unpaid balances with the Company, and not permit any order to be submitted by Users who make use of the Website and submit purchase requests in bad faith or who breach any of these General Conditions, and any Specific Conditions that could exist, or make improper use of the different offers or promotions.
For all communications regarding the status, incidents and/or management of orders, the Company shall contact the User through the different channels available, which are telephone, SMS, chat and/or email, unless the User indicates otherwise.
4.- Payment method
Payment of the price of the purchased goods and shipping costs, which are shown onscreen, may be made in accordance with the payment means indicated onscreen. To make the payment, the User shall follow all the instructions displayed onscreen and provide the following information: a) Card type; b) Card number; c) Expiry date and d) any other information requested onscreen.
The Company holding the Newlite® trademark has installed an E-commerce payment gateway as an electronic payment means. All data provided for these purposes are encrypted to guarantee their maximum security. They are located in a certified safe server pursuant to the SSL protocol. Moreover, Newlite® declares that under no circumstances does it store payment data provided by Users through the payment Gateway and that it only stores them while the purchase is being made, payment is made and until the withdrawal period has elapsed.
To guarantee the highest standard of security for our clients, Seller Company reserves the right to request the User to provide the pertinent identity and payment means documents prior to delivering the order.
5.- Delivery of orders
The Company holding the Newlite® trademark is a distributor of products and thus has its own distribution personnel.
We also have beneficial commercial agreements with the most important national and International transport companies such as MRW, Envialia, Ramoneda, Palibex, Cayco, FedEx, TNT, DB Schenker or Spain TIR to reinforce our delivery capacity.
Our aim is to provide an excellent service and to that end we look for the option that best adapts to your needs in terms of price, time and form.
Please indicate your shipping preferences when you formalise the purchase.
Without prejudice to the professionalism of our distribution fleet and transport companies, when you receive your order, please ensure that the package is not broken and has not been tampered with, and that the packaging covers the entire surface.
In the case of doubt, you should supervise the entire content of the goods, in the presence of the person making the delivery, or write «Pending review» next to your signature on the document accrediting receipt of the shipment.
Both our delivery drivers and transport agencies will deliver the purchased goods to the entrance of the indicated establishment.
If the goods are left inside the client’s warehouse or commercial premises, this will be done as a courtesy of the driver and at the risk of the client and its personnel, and the holder of the Newlite® trademark is exonerated from all claims for damages caused during the unloading process.
Once the goods have been received, they must be checked carefully. The client is obliged to report any breakage or anomaly in the products caused by transport within 24 hours of their receipt. Claims for damages during transport shall be sent to email@example.com, attaching photos or evidence of the poor condition or breakage of the products due to transport.
As well as the goods, the client must check the delivery documentation and inform Newlite® of any error or discrepancy between the delivery note and the goods received. The term for submitting this claim is 24 working hours after delivery, and no claims shall be accepted after this period.
The User shall have a period of 15 calendar days to withdraw from the contract provided that the nature of the purchased goods so permit. The 15-day term established in the preceding section shall start from the date on which the Buyer received the goods. In all cases, it shall be held that the Buyer was informed of their right of withdrawal when they entered the online Store, which requires the User to read and accept these General Conditions, and in all cases from the time the order was placed. The returning of orders shall be processed through the Customer Service Department, in order to organise their collection from the User’s professional address or warehouse. The Company holding the Newlite® trademark shall return all amounts received by means of a credit note, but the Buyer shall pay all direct costs incurred in returning the goods within 14 calendar days from the notification of their decision to withdraw from the contract. In the case of returning the goods purchased by the client, the latter shall pay all costs incurred in collecting them. Said costs shall be the same as the shipping costs applied to the delivery of the goods.
The right of withdrawal and/or termination is excluded in cases in which it cannot be exercised due to the nature of the purchased goods, without prejudice to the corresponding claim for damages sustained and in the case of failure to meet the following conditions:
• The product must be in perfect condition (with its original packaging, cork protectors, documentation and plastic covers) with no damage other than that derived from handling the goods in order to determine their nature, features or operation.
• The product must be accompanied by all its accessories and complementary elements such as remote control, batteries, software, support, case, manual and documentation, if applicable.
• No returns of products that could quickly become deteriorated or spoil shall be accepted.
• No products manufactured or created at the request of the client or made to order, such as custom computers, digital development, products that are custom packaged or manufactured and similar shall be accepted unless they present factory faults or damage caused by transport.
The goods shall be delivered to the transport company in perfect condition, wrapped in closed, sealed packaging that covers the original packaging materials. The product must be properly identified and marked with the return number provided by the Customer Service Department.
The Newlite® trademark holder shall answer for the lack of conformity of the products with the contract and shall Repair or replace the product under the terms established by Law.
If the product arrives in poor condition due to transport, the User must state this on the transport company delivery note and call our Customer Service Department not later than 24 hours after receipt to file the claim.
-Information about the right of withdrawal-
A. Right of withdrawal
You are entitled to withdraw from this contract within 15 calendar days without having to give your reasons.
The withdrawal term expires 15 calendar days after the date on which you or a person indicated by you other than the driver acquire the material possession of the goods.
To exercise your right of withdrawal you must provide us with your full name, address and telephone number and email address, if you have them, your decision to withdraw from the contract by means of an unequivocal statement (such as a letter sent by post or email) or call our Customer Service Department. To comply with the withdrawal term, the communication related to your exercise of your right of withdrawal must be sent before the respective term expires.
B. Consequences of withdrawal
In the event that you withdraw, the amounts paid shall not be returned but a balance in your favour shall be generated for future purchases from our business group. Said balance may be frozen until the goods have been received or until you have presented proof of their return, depending on which condition is fulfilled first.
We shall collect the goods or you should return them or deliver them directly to one of our warehouses without delay, and in all cases, no later than 14 calendar days from the date on which you informed us of your decision to withdraw from the contract. The term shall be considered fulfilled if the goods are returned before said term expires.
You must pay all direct costs incurred in returning the goods. Said cost is calculated as the approximate cost of shipping the goods, in Euros.
You will be responsible for a reduction in the value of the goods due to handling in a manner other than that required to establish the nature, features and operation of the goods.
C. Withdrawal form
You should only fill out and send this form if you wish to withdraw from the contract:
Send it to firstname.lastname@example.org
For the attention of Newlite®:
I hereby inform you of my decision to withdraw from the contract to purchase the following items:
• Order number:
• Order received on:
• Company name and Tax ID:
• Registered office or warehouse delivery address:
• Client’s signature (only if this form is presented on paper):
Notwithstanding the foregoing, the right of withdrawal and/or termination is excluded in cases in which it is impossible to do this due to the nature of the purchased goods, without prejudice to the respective claim for damages and losses.