Terms of sale

TERMS OF SALE

These conditions regulate the operations and remote selling services of INMOAGRO GESTIÓ S.L. with CIF B54777453, (hereinafter COLOR NARANJA) and are conceived as a complement to the Privacy Policy, the Legal Notice and any other legal texts published on this Website.

Likewise, the User is informed that these conditions have been prepared in accordance with the Law 34/2002, Services of the Information Society and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 which regulates the Telephone or Electronic Contracting with general conditions in development of article 5.3 of Law 7/1998 and Royal Legislative Decree 1/2007, of November 16th, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws and any legal provisions that may be applicable.

The User who buys products on COLOR NARANJA agrees to having read the present conditions and expresses full and unreserved adhesion to each and every one of them.

The conditions described here may undergo changes at any time at the request of COLOR NARANJA, so that these conditions will only be valid for the purchase made by the User at the time of reading them. For this reason, COLOR NARANJA informs the User that he must read the conditions in each order placed on this website.

Finally, COLOR NARANJA shows that the User can access these conditions at any time, without buying any product. Likewise, the User may store them in their computer system and, if necessary, obtain a physical copy by printing them.

If you have any questions related to these conditions you can contact us through the following email address info@colornaranja.es or through the following telephone number +34 600 524 038.

1. IDENTIFICATION OF THE CONTRACTING PARTIES

On one hand, INMOAGRO GESTIÓ S.L. (hereinafter represented by COLOR NARANJA), with C.I.F. B54777453 and registered office at c / Salvador Ferrandiz, 31, CP 03750 in the town of Pedreguer (Alicante), Spain, and domicile for the purpose of notifications at the same address registered in the Commercial Registry of Alicante, Volume 3768, Book, Folio 181, Inscription 1, Sheet number A-139680.

And, on the other hand, by the User, whose data are entered by him in the registration form when buying a COLOR NARANJA product, upon acceptance of these conditions.

2. OBJECT OF THE CONTRAT

The purpose of the contract is to regulate the Particular Buying Conditions of the products sold by COLOR NARANJA.

The access to information is completely free, while the product purchase service is onerous, specifying at all times the current prices of the product, shipping prices and tax charges.

Likewise, the User, prior to making the purchase, may obtain a complete description of the product and its characteristics, which will also be provided in the "Order Confirmation".

3. AVAILABILITY OF THE SERVICE

The products offered on COLOR NARANJA will be available for the Spanish and European territory.

Likewise, the buying procedure will be done in the Spanish or English language, and COLOR NARANJA may establish the possibility of carrying out the contracting of the service in other languages as well.

4. PROCEDURES TO SIGN THE CONTRACT

The procedure for buying the product is carried out through COLOR NARANJA website electronically. The steps to carry this out are the following:

SHOPPING GUIDE

PRODUCT SELECTION:

The User must click on the product that interests him. The selected product will be shown in an image of larger dimensions and the User will obtain a detailed sheet information of it, in which the characteristics of that product will be shown. He will then select between the available kilos and amounts. Several photographs of non contractual products will be presented, the price, and the possible promotions, offers or discounts, which will be clearly and expressly identifiable.

By clicking on "add to cart" the product in question will go to the "shopping cart". Then he can access to view the cart or continue shopping.

At any time the User can access the "shopping cart", located in the upper right part of the screen. There the selected products will be placed.

To view the contents of the cart and continue with the order process, the User must register through a file owned by COLOR NARANJA.

DATA REGISTER

1. a) First of all, the Basic Registration of New User’s access:

In case of registering as a new User, the following data will be requested:

• E-mail.
• Pasword chosen and confirmation of it.
• Reading and acceptance of the privacy policy.

Likewise, in this registration form the User will be asked for his express authorization so that MONTGOO can send him emails with commercial information about the brand’s products, contests and raffles of COLOR NARANJA products, promotions as well as any other information with a publicity nature. Without prejudice to the informative communication regarding the processing of the personal data of the User that is included in the registration form itself, the User is recommended to access the Privacy and Data Protection Policy to obtain more information in this regard.

1. b) Users already registered in COLOR NARANJA may enter their Username and password data. Automatically their contact information will be loaded in the system.

The User will have access to their private area where they can confirm, or modify any personal information for their order or following.

Then the User can access the "shopping cart".

PHASES OF PURCHASE CONFIRMATION:

1. SUMMARY:

Within the "shopping cart" the User can view its contents, check the products and their quantities as well as access the information sheet of each product.

In this section User can make any comments regarding the order both to COLOR NARANJA and the transport company that will deliver it.

The User can also modify quantities and cancel any selected product in the basket by means of "X" and its subsequent confirmation.

The User may continue to buy, for this he must only repeat the product selection operation in the online store. 

In the case of continuing with the purchase process, the User must click on "next", heading to the next section.

2. IDENTIFICATION:

In the second phase of the procedure, the User will verify his data as buyer.

For the first purchase, the User will have to provide the following information:

• Name
• Surnames
• DNI/CIF/NIF
• Phone
• Country
• Province
• Location
• Address
• Postal Code

The User may add other shipping addresses.

Once all the necessary fields are completed to carry out the purchase process, the User will move on to the next phase by pressing "next".

3. TRANSPORTATION:

In the third phase of the procedure, either having registered as a new User or having entered the User name and password in the case of already having an account, the shipping address will be indicated on the left side of the screen, which will coincide with the one completed in the previous section or with which the already registered User had made his last purchase.

Once the shipping address has been chosen, the User will go to the next phase by pressing "next"

4. FORMS OF THE PAYMENT

The User must choose between the different forms of payment that COLOR NARANJA makes available, which are:

• 1 Credit Card.
• 2 Pay Pal.
• 3 Bank Transfer.
• 4 Cash on delivery (only valid for mainland Spain).

 

• If the User chooses the payment option by credit card, he must provide the following information:

 

• Name of the owner.
• Type of credit card.
• Number of the card.
• Security code (CVV) (three digits on the back of the card on the right).

 

      4.2. If the User chooses the payment option through PayPal, he must provide the following information:

• PayPal identification data, in the event that he is a Registered User.
• The data needed to make the payment (name of the holder, type of card, card number).

 

      4.3. If the User chooses the option of payment by bank transfer:

    He must make a bank transfer to the following account of Banco Sabadell: ES96 0081 1051 8800 0113 2516. Next, he must send a copy of this transfer to the following email: info@colornaranja.es

     4.4.  If the User chooses the payment option against reimbursement (only for mainland Spain).

    He will pay 2% of expenses on the value of the refund (minimum € 1 per shipment) in addition to the total amount of the products purchased from the transport company upon delivery of the order.

Once the appropriate payment option has been chosen, the User will accept the conditions of sale, privacy and legal notice.

To complete the order, User clickes "finish".

5. SUMMARY OF PURCHASE:

In this step the purchase confirmation made will be shown. In the case it has been processed correctly the following data will be displayed:

• Billing data.
• Deñivery data.
• Form of payment chosen.

 

The User will receive in his email account a copy of the summary of the purchase order with the following additional data to the above indicated.

• Date and order number.
• Products purchased.
• Any personal observation indicated by the User in the first phase of the purchase process, in relation to the delivery of the product.

The cancellation of the purchase process through the procedure established for such purposes will imply that all the information entered by the User till now - through the different procedures of the purchase process and in relation to that determined purchase - is deleted, therfore MONTGOO will not keep the indicated data. On the contrary, MONTGOO will keep the User registration data in order to speed up future purchase processes, being enough for the User to identify himself through his User name and password. The User may modify his information at any time, request its withdrawal from the service or exercise the rights of access, rectification, cancellation and opposition. For more information, the User should check section 14 of these conditions.

5. FORMALIZATION OF THE CONTRACT

There will be no contract between MONTGOO and the User in relation to any product until his order has been expressly accepted by COLOR NARANJA (even if the charge has already been made in the bank account provided by the User). If the order is not accepted and a charge has already been made in the bank account provided by the User, the amount will be refunded in full within a maximum period of thirty days.

To place an order, the User must follow the online purchase procedure described above of these conditions and click "Finish" (order). After this, he will receive an email acknowledging the receipt of the order ("Order confirmation"). The contract for the purchase of a product between COLOR NARANJA and the User will be formalized only when the User receives the Order Confirmation.

In this sense, the User is informed that all orders for products that are made through COLOR NARANJA are subject to availability. If there are difficulties regarding their supply, or if the items are not in stock, COLOR NARANJA reserves the right to provide the User with information about replacement products of equal or superior quality and value that the User may order. If the User does not wish to place an order for these replacement products, we will reimburse him for any amount paid within a maximum period of 30 days.

6. VALIDITY OF THE PROCEDURE OF PURCHASE AS A PROOF OF ACCEPTANCE AND PERFECTION OF THE CONTRACT

Both parties -COLOR NARANJA and the User- expressly declare that the fact of following all the steps described for the process of purchasing COLOR NARANJA products electronically follows, implies the full and express acceptance of these particular conditions of contract, understood as sufficient to contract.

7. PRiCE AND OFFERS

The price of the products that the User may purchase through COLOR NARANJA will always be published next to each product and will be displayed in Euros. The published price is the full final price of the product, so it includes all applicable taxes according to the current legislation as well as the expenses derived from the shipment, less the expenses incurred in the orders against reimbursement that the User must pay upon delivery of the order or additional transportation costs for orders shipped out of mainland Spain. In any case, COLOR NARANJA will provide the User with the prices  break-down during the purchase process, allowing the User to know the exact amount of the product.

Likewise, COLOR NARANJA makes clear that the Offers, Promotions and Discounts that appear published in COLOR NARANJA will be conditioned and limited to the product on which they are announced, to the period of time that is established as well as to the remaining conditions that, unilaterally, COLOR NARANJA decide to establish. In any case, COLOR NARANJA will clearly, visibly and expressly indicate the aforementioned information so that the User can distinguish and understand the Offer, Promotion or Discount.

8. FORMS OF PAYMENT

The form of payment will be the one that the User chooses when placing an order among the forms of payment allowed by COLOR NARANJA. The User may choose to pay by credit card, Paypal, bank transfer and cash on delivery. Payments can be made with Visa, MasterCard, Maestro, 4B, Red 6000. The card with which the payment is made must be owned by the User who has purchased the COLOR NARANJA product. In the event that the holder of the credit and / or debit card and the User are different persons, it is a mandatory requirement that the purchase be made by the owner of the card.

The payment through PayPal guarantees the confidentiality of the data of the User's card. In the case of making a payment by credit card through PayPal from an account that is not registered in PayPal, the order will not be sent until the identity of the cardholder with whom the order has been made has been verified.

The payment by bank transfer guarantees the confidentiality of the User's data through the bank branch. The bank account that COLOR NARANJA uses for such purposes is:

                BANCO SABADELL ES96 0081 1051 8800 0113 2516

The payment against reimbursement will be made to the agent of the transport company that delivers the order. This form of payment entails an additional cost for the User of 2% of the value of the purchase (minimum of € 1)

For this purpose, COLOR NARANJA is exempt from any responsibility in relation to the confidentiality and security of the information and data provided by the User when paying for his purchases through COLOR NARANJA by credit or debit card, insofar as the treatment of such information and data is not exclusively under the control of COLOR NARANJA.

9. DELIVERY OF THE PRODUCT

In general, the estimated delivery time in mainland Spain is between 24 and 48 hours.

In the case of non-peninsular destinations, the deadline will be estimated between 48 and 72 hours and it is advisable to contact COLOR NARANJA to confirm the delivery.

In the event that the recipient is not at the delivery address and delivery can not be made, the transport company will contact the recipient to offer a second time or an alternative address.

 

COLOR NARANJA informs the User that the purchase will be considered formalized from the moment in which the User receives -in the email address indicated during the contracting process- the confirmation by COLOR NARANJA that the purchase has been made correctly. The delivery time outside Spanish territory will not exceed thirty five days if the store decides to sell its products abroad.

COLOR NARANJA will deliver its products through the transport agency hired for such purposes. The product will be sent to the address provided by the User in the form that is completed to make the purchase through COLOR NARANJA. For this reason, the User is requested to check, prior to the formalization of the purchase, that he has correctly entered his contact information. In this sense, COLOR NARANJA is exonerated of any responsibility in the event that the delivery of the product can not be executed or it is executed with delay because the data are inaccurate or incomplete, due to the User’s fault or due to Force Majeure. "Force majeure" shall mean all those causes that could not have been foreseen, or that were still foreseen to be unavoidable, and that result in the breach of any of its obligations. Among them, but not in a limited way, the strikes, both of their own workers and of other workers, insurrections or revolts, as well as rules dictated by any civil or military authority, natural catastrophes such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.

10. RIGHT OF WITHDRAWAL

The perishable products regulated in article 45 of Law 7/1996, of January 15th of Retail Trade Regulation, and its subsequent modifications, have no right of withdrawal due to their nature.

To exercise the right of withdrawal for "non-perishable" products, the User must contact COLOR NARANJA (within a period not exceeding 14 calendar days from receipt) by sending an email to the address info@montgoo.com.

11. RETURNS

In the cases in which the User, at the time of delivery considers that the product has arrived damaged, must contact COLOR NARANJA immediately (within a period not exceeding 24h from the reception) by sending an email to the following address: info@colornaranja.es; providing the following information:

• Order number
• Deadline
• Contact information: Name, phone and email.
• Explanation of the deterioration.
• Attached pictures of the packaging and the product separately (where deterioration is clearly visible).
• The willingness to change or return the money.

In case of wanting to change, COLOR NARANJA will send a new order (equal to the order made by the User) at no cost to the customer, and will pick up the damaged one. The User must not forget to pack the damaged product properly so that it does not suffer damage during the shipment and arrives in good condition.

In the case that the User prefers the refund of the amount of the product, it will be made in his account through a bank transfer within approximately ten days. The full amount of the product will be returned, including shipping costs. In the event that the payment was made by credit / debit card, the amount will be returned to the balance of the card with which the payment was made. If the order was paid through PayPal, the amount will be returned to the PayPal account from which the payment was made.

The rights recognized by current legislation are safe.

12. WRITTEN COMMUNICATIONS

The information or communications that COLOR NARANJA sends to the User will be made by written means. The User accepts that communications with COLOR NARANJA are electronic. For contractual purposes, the User agrees to use the electronic means of communication and recognizes that any contract, notification, information and other communications that COLOR NARANJA sends electronically meet the legal requirements to be in writing. The notifications that the User sends should preferably be made to the contact addresses published in the registration section.

13. CLAIMS SUBMISSION

The User may submit his complaints and claims to COLOR NARANJA or request information on the products offered or contracted through the following channels:

By writing to the following address: C / Salvador Ferrandiz, 31 CP 03750 Pedreguer (Alicante), Spain.

Calling the following number by telephone: +34 600 524 038.

Sending an email to the following address: info@colornaranja.es

COLOR NARANJA will respond to the User as soon as possible and in any case within a maximum period of one month from the filing of the claim.

 

14. DATA PROTECTION

In accordance with Organic Law 15/1999 om the Protection of Personal Data (GDPR), the User, as a contracting party, acknowledges being informed and consenting that his personal data generated during the execution of the contractual relationship are necessarily treated in a file whose responsibility is COLOR NARANJA’s with the purpose of carrying out the management, development, compliance and control of the contractual relationship as well as postal or electronic communications and documentation linked to said relationship, contact agenda and maintenance of historical business relations. The data will be transferred to other third parties in the legally foreseen cases such as financial auditors, competent Administration Bodies for control, registration and inspection reasons.

Likewise, from the moment in which the User carries out a purchase process in COLOR NARANJA and formalizes the contractual relationship with COLOR NARANJA with full validity, his personal data will be stored in a file that is the responsibility of INMOAGRO GESTIÓ S.L. (COLOR NARANJA) with the following purposes: carry out the management, development, compliance and control of the contractual relationship, management of the order placed; identify the User as a COLOR NARANJA client; send and personalize documentation related to the commercial relationship; provide access to the specific web area of ​​registered users through a username and password; management of contact agenda, economic, accounting and fiscal management; billing and administration; development and management of the commercial relationship with customers and maintenance of historical business relationships. The communication of data by the interested party for the fulfillment of the aforementioned purposes is mandatory and by virtue of the contractual relationship his data may be transferred to the following organisms: judges and courts, where appropriate, when legally required to do so or consumer arbitration courts as well as associations of consumers and users in case of dispute, banking entities, for the collection of the acquired product, Tax Agency, for compliance with tax obligations, and any other third parties to whom, by virtue of the regulations enunciated, it is necessary to carry out the transfer, to ensure the proper development of the service contracted and, in general, the intended purposes.

COLOR NARANJA also informs the interested party that their data may be transferred to other third party companies subcontracted by COLOR NARANJA to collaborate in the total or partial execution of the services to be provided.

The User undertakes to inform COLOR NARANJA of any variation in the data while the contract is valid so that the aforementioned entity can update it. Unless otherwise communicated to COLOR NARANJA, it will be understood that the data provided by the User is accurate and updated.

For its part, if during the execution of the contract the User must provide personal data concerning third parties, it must, prior to its inclusion, inform these third parties of the contents contained in this communication and in any case, of the purpose of the assignment. For this purpose, the communication of personal data of third parties is conditioned to the principle of necessity and proportionality and to the communication of current and truthful data, and requires prior to inform and request consent to said third parties for the treatment of their data  unless there is a legal authorization to the effect.

Finally, the User is informed that, in the event that he expressly authorizes receiving advertising mails through the registration form, his data will be processed in order to send it to the email address indicated by the User, advertising and commercial information related to the products sold by MONTGOO as well as information regarding the promotions and contests organized by COLOR NARANJA.

Under Article 21.2 and 22.1 of the LSSICE, the User is informed of their right to oppose the processing of their data for promotional purposes for the receipt of commercial communications as well as his right to revoke at any time the consent given to the effect with the simple notification of his will to COLOR NARANJA.

To do this, the User can express his opposition by sending an email to the address: info@colornaranja.es, with the subject "OPPOSITION LSSICE", as well as the right to revoke his consent requesting the withdrawal of the service of reception of commercial communications by email by sending an email to the address: info@montgoo.com, with the subject "UNSUBSCRIBE".

Also, COLOR NARANJA informs the User of the possibility of exercising his rights of access, rectification, cancellation and opposition by written request addressed to COLOR NARANJA at the following address: -, or that which replaces it and communicates in the General Data Protection Register. For this purpose, the interested party must send COLOR NARANJA the written communication indicating the petition or right exercised along with a copy of his ID or valid legal document proving his identity. The User can also exercise his rights by sending a photocopy of his ID on both sides -or of an equivalent document- to the email info@colornaranja.es.

15. APPLICABLE LEGISLATION, JURISDICTION AND EXTRAJUDICIAL SOLUTION OF CONFLICT

These general conditions are governed by Spanish law.

The parties, expressly waiving their own jurisdiction, submit to the resolution of any litigation that may arise to the Courts and Tribunals of Denia (Alicante) and, where appropriate, the Arbitral Courts to which COLOR NARANJA is attached at the time of the controversy.