Conditions

1. GENERAL INFORMATION

The ownership of this website, GREENCUT-tools.com, (hereinafter Website) is held by: BESELF BRANDS, S.L., (hereinafter GREENCUT), with NIF: B65114373 and registered in: Commercial Register of Tarragona; and whose registry details are: Volume 2847, Folio 6, Page T-47561, Inscription 4a, and whose contact details are:

Address: C/ Blanquers, parcela 7-8 - 43800 VALLS

Contact telephone: 877 990 800

Contact email: info@pratbrands.com

This document (as well as any other document mentioned herein) regulates the conditions governing the use of this website (GREENCUT-tools.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that BESELF BRANDS, S.L., develops through the Web Site includes:

Sale of products / tools for the garden and DIY.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice, including the cookies policy and the privacy and data protection policy of GREENCUT. By using this Website or by making and/or requesting the purchase of a product and/or service through the same, the User agrees to be bound by these Conditions and by all of the above, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, the User accepts all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

- To make use of this Website only to make enquiries and legally valid purchases or acquisitions.

- Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.

- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The Website is mainly aimed at Users resident in Spain. GREENCUT does not ensure that the Website complies with the legislation of other countries, either totally or partially. GREENCUT declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside Spain.

The User may formalise, at his/her choice, with GREENCUT the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase from the Website by the means and in the manner set out above. They must follow the online purchase and/or acquisition procedure of GREENCUT-tools.com, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on "BUY".

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Subsequently, the User will receive an e-mail confirming that GREENCUT has received his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, where applicable, he/she will also be informed by e-mail when the purchase is being sent. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail and, where appropriate, via his or her personal space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it from GREENCUT using the contact spaces on the Website or via the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, where appropriate, image of the product and/or service on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website may be filed and kept in the computerised records of GREENCUT in order to constitute a means of proof of the transactions, in any case respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this respect, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), and the rights of Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by GREENCUT through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, GREENCUT undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, GREENCUT provides delivery and/or shipping services via: GLS and DHL.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card, bank transfer or through the Pagantis APP.

GREENCUT uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorisations by the bank issuing them, if said bank does not authorise the payment, GREENCUT will not be liable for any delay or non-delivery and will not be able to formalise any contract with the User.

Once GREENCUT receives the purchase order from the User via the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge to the card will be made at the time when the User is sent confirmation of dispatch and/or confirmation of the service being provided in the manner and, where applicable, the place established.

In any case, by clicking on "BUY" the User confirms that the payment method used is theirs.

6. DELIVERY

We ship to Spain (mainland and Balearic Islands); Portugal (except islands), France (except islands), Italy (except islands) and Germany. We do not ship to the following destinations: Canary Islands (Spain), Ceuta (Spain), Melilla (Spain), Corsica (France), Guadeloupe (France), Sardinia (Italy), Azores (Portugal), Madeira (Portugal).

With the exception of those cases in which unforeseen or extraordinary circumstances exist or, where applicable, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the delivery method selected by the User and counting from the date of the order confirmation.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

If 30 days have passed since the order is available for delivery, and it has not been delivered for reasons not attributable to BESELF BRANDS, S.L., it will be understood that the User wishes to withdraw from the contract and it will be considered as terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User's own choice of a delivery method different from the less expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered to be terminated.

However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be charged to the User.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when GREENCUT receives full payment of all the amounts due in relation to the purchase or acquisition made, including the shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by BESELF BRANDS, S.L.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service will be understood to be located in the Spanish VAT territory if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting GREENCUT through the contact spaces provided on the Website, and, where applicable, through those provided for contacting customer service, and/or using the contact details provided in clause one (General information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on "BUY", has access to the space, cart, or basket where his or her purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Sale and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).

8. RETURNS

In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorised by the latter, other than the carrier, acquires material possession of the goods purchased on the GREENCUT Website or in the event that the goods making up his order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the latter, other than the carrier, acquired material possession of the last of these goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.

To exercise this right of withdrawal, the User must notify GREENCUT of his decision. He/she may do so, where appropriate, through the contact spaces provided on the Website or through:

BESELF BRANDS, S.L.

C/ Blanquers, parcela 7-8

43800 Valls (Tarragona)

The User, regardless of the means chosen to communicate his or her decision, must clearly and unequivocally express that it is his or her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that GREENCUT places at his disposal as an annexed part of these Conditions, however, its use is not obligatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the corresponding period.

In the event of withdrawal, GREENCUT will reimburse the User for all payments received, including the shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which GREENCUT is informed of the decision to withdraw by the User.

GREENCUT will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, GREENCUT may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.

The User may return or send the products to:

BESELF BRANDS, S.L.

C/ Blanquers, parcela 7-8

43800 Valls (Tarragona)

And must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which GREENCUT was informed of the decision to withdraw.

The User acknowledges being aware that he/she will have to bear the direct cost of returning (transport, delivery) of the goods, should any be incurred. In addition, he/she will be responsible for the diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

The same applies to the provision of a service that the User could contract in this Web Site, because this same Law establishes that the right of withdrawal will not be granted to the Users when the provision of the service has been completely executed, or when it has started, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been completely executed by BESELF BRANDS, S.L., he will have lost his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

You can download the Model Cancellation Form at the following link:

link to the withdrawal form

Return of defective products or delivery error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that he/she should therefore contact GREENCUT immediately and inform him/her of the existing non-conformity (defect/error), by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, where appropriate, the replacement of the same, this option being subject to the availability / stock of the product. The User may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

GREENCUT will refund or replace the product once it has been received in our warehouses. GREENCUT, based on the time that the customer has been in possession of the product, will proceed to the application of the following measures:

- From 6 to 12 months: 75% refund of the value of the product or purchase of a new one with a 45% discount.

- From 12 to 18 months: Refund of 50% of the value of the product or purchase of a new one with a 35% discount.

- From 18 to 24 months: 25% of the value of the product or purchase a new one with a 25% discount.

Depending on the conditions of the product, the customer must deliver the package to a collection point indicated by GREENCUT.

The amount paid for those products that are returned due to a defect, when it really exists, will be reimbursed in full, including the delivery costs and the costs that the User may have incurred in order to return the product. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that he/she can acquire through this Website, in the terms legally established for each type of product, and BESELF BRANDS, S.L. will be liable, therefore, for the lack of conformity of the same that becomes apparent within a period of two years from the delivery of the product, being the period of one year in the case of second-hand products.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by GREENCUT and possess the qualities presented in the same; they are suitable for the uses to which products of the same type are normally destined; and they present the usual quality and features of a product of the same type and that they are fundamentally expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.

However, to find out more about the After-Sales Service that GREENCUT places at the service of the Users of the Website, you can consult it here: Warranty and returns.

9. RIGHT OF WITHDRAWAL

In accordance with the provisions of Spanish law, the customer has the right of withdrawal, under which you may return the product received if you find that it does not meet your expectations.

This right may be exercised within a maximum period of 14 calendar days from receipt. Due to the nature of the products marketed on this website, the buyer who wishes to exercise his right of withdrawal must not open the product, so that it is still fit for consumption.

In the event that the buyer has opened the product, this right of withdrawal shall not apply according to the exclusions contained in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and Users and other complementary laws amended by art. 28 of Law 3/2014, of 27 March in its paragraph e).

The refund of the purchase amount will be made once the condition of the goods has been checked and will be made through the same payment method used for the payment of the order and, in any case, within a maximum of 14 calendar days from the date of receipt of the withdrawal request, as long as BESELF BRANDS, S.L. is the one who manages the collection of the product. In case the buyer returns the product through a transport company of his choice, the period of 14 days will start to be counted from the moment BESELF BRANDS, S.L. has effective knowledge of the shipment of the goods or, otherwise, from the reception of the product.

The return costs derived from the exercise of the right of withdrawal will be paid by the buyer.

To exercise the right of withdrawal, the consumer must notify his decision to withdraw from the contract by means of an unequivocal statement.

The user must complete and electronically send the model withdrawal form via the GREENCUT-tools.com website. With this option, the consumer will receive an acknowledgement of receipt of the withdrawal without delay, which must be confirmed by the consumer in order for the withdrawal to be effective. In order to meet the withdrawal deadline, it is sufficient for the consumer to send the communication concerning the exercise of this right before the expiry of the withdrawal period.

10. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, GREENCUT shall not accept any liability for the following losses, irrespective of their origin:

- any losses which are not attributable to any breach by you;

- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred);

- or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between both parties.

GREENCUT also limits its liability in the following cases:

- GREENCUT applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.

- GREENCUT will act with the utmost diligence in order to provide the company in charge of the transport of the product that is the object of the purchase order. However, it will not be held responsible for damages arising from a malfunctioning of the transport, especially for causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, loss or theft of the product.

- Technical failures that due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the service from being available. GREENCUT puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and dispatch/delivery of the products, nevertheless, it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.

- GREENCUT will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, GREENCUT will also not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

- In general, GREENCUT will not be held responsible for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events beyond its reasonable control, that is to say, due to force majeure, and this may include, but is not limited to

• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, terrorist threat or attack, state of alarm, war (declared or undeclared) or threat or preparation for war.
• Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
• Impossibility of using public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended for the period during which the cause of force majeure continues, and GREENCUT will have an extension of the deadline to fulfil them for a period of time equal to the duration of the cause of force majeure. GREENCUT will use all reasonable means to find a solution that will allow it to fulfil its obligations despite the force majeure.

11. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with GREENCUT will be electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically by GREENCUT comply with the legal requirements of being in writing. This condition will not affect the rights recognised by law to the User.

The User may send notifications and/or communicate with GREENCUT through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, GREENCUT may contact and/or notify the User by e-mail or at the postal address provided.

12. WAIVER

No waiver by GREENCUT of a specific legal right or action or failure by GREENCUT to require strict compliance by the User with any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or from the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by GREENCUT of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

13. VOID

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.

14. ENTIRE AGREEMENT

The present Conditions and any document expressly referred to in these constitute the entire agreement existing between the User and GREENCUT in relation to the object of the sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The User and GREENCUT acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

15. DATA PROTECTION

The information or data of a personal nature that the User provides to GREENCUT in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy (contained, where applicable, in the Legal Notice and General Conditions of Sale). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided are true.

16. COMPLAINTS AND CLAIMS

The User may send GREENCUT his/her complaints, claims or any other comments he/she may wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, GREENCUT has official complaint forms available to consumers and users, which they can request from GREENCUT at any time, using the contact details provided at the beginning of these Conditions (General Information).

Information to the purchaser on the @E-commerce conflict resolution platform.

Likewise, if a dispute arises from the conclusion of this purchase contract between GREENCUT and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with article 14.1 of Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: http://ec.europa.eu/consumers/odr/.

17. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between GREENCUT and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.