General Conditions of Purchase

The following is the contractual document that will govern the purchase of products through the website www.thepurefactory.com, property of Plantasur Trading, S.L. (hereinafter, The PureFactory). The acceptance of this document implies that the user:

• You have read, understand and comprehend the above.
• That he/she is a person with sufficient capacity to contract.
• That it assumes all the obligations established herein.
• That he/she is of legal age.

The present conditions will have an indefinite duration and will be applicable to all purchases made through this website.

The Provider reserves the right to unilaterally modify these terms and conditions, without affecting any goods or promotions purchased prior to the modification.

It will always be necessary for the user to confirm that he/she is of legal age. Otherwise, no transaction will take place and the user will be asked to leave the site.

IDENTITY OF THE PARTIES

On the one hand, the supplier of the goods purchased by the user is Plantasur Trading, S.L., with registered office at Polígono Industrial de Asegra, Calle Almería nº 7, 18210 Peligros (Granada), Spain NIF B19616747 and with customer service telephone 958506110 and/or e-mail: info@thepurefactory.com.

The user of the website that provides the data of which has full responsibility for use and custody, being responsible for the accuracy of such personal data provided to the provider.

OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the purchase relationship between The Pure Factory and the user when the user accepts the corresponding box during the online contracting process.

The contractual relationship involves the delivery of a specific product in exchange for a specific price publicly displayed on the website.

GENERAL INFORMATION

Both parties are bound by these general conditions of purchase, unless special conditions have been agreed with each individual customer.

The Pure Factory is not responsible for the illicit use that third parties may make of our products.

These products may only be sold in the areas defined by the provider, namely in mainland Spain (excluding the Canary Islands, Balearic Islands, Ceuta and Melilla) and mainland Portugal.

However, if you are interested in our products and you belong to another geographical area, you can consult us about the viability of the shipment by calling 958506110 and/or sending an e-mail to: info@plantasur.com

The currency used will only be the Euro. The purchase procedure may be in Spanish language. In case it could be carried out in another language, it will be indicated in the heading of the web.

Stock confirmation will be subject to final confirmation by the supplier, which will initially be reflected next to each product.

PURCHASE PROCEDURE

The purchase process can be carried out in the language of the user’s choice on the website. This will be indicated before starting the purchase. The prices and shipping conditions of this website will be applied indistinctly to the national or international territory and in accordance with Spanish law, since the purchase is made in Spain.

You only have to select the product you want to buy and click on the image to see the characteristics and details of the product and, where you can select the number of units you want to order, you must visualize before the purchase all the characteristics of the product in the product description.

Once you have been informed of all the characteristics of the product, if you decide to continue with the purchase procedure, you will click on the ‘add to cart’ button.

All products included in the ‘cart’ may be removed, provided that you so indicate.

If you modify any of the data entered, the summary shown on the screen will change automatically. In spite of adding a specific product, you will be able to continue with your purchase, being all the selected products included in the basket or cart until you press the button to continue with the contracting procedure.

To finalize your purchase, you must first check the “Checkout” box. Once you have checked that all your details are correct, check the “Checkout” box to complete the purchase. In any case, you must accept the terms and conditions of purchase and have previously accepted the privacy policy.

The purchase invoice will be issued at the customer’s request in the format of the customer’s choice.

ORDER DELIVERY

Orders will be delivered to the home or address freely indicated by the user. Shipments will be made by courier or postal mail and the delivery time will depend on the selected destination. The supplier is not responsible if the delivery of the product is not made because the data provided by the user is false, inaccurate or incomplete, or for any reason beyond the supplier’s control.

The approximate delivery times and availability will vary depending on various factors such as the characteristics of the products to be purchased, destination area, number of units, method of payment / shipping chosen, justification thereof, incidents in transport, stock breaks, etc.. To specify the delivery times in the order you can contact the customer service telephone +34 958 408 892 and / or email: info@plantasur.com so that depending on the characteristics of the order in question we can specify the exact delivery times, however these deadlines may be visible in the system before placing the order, as they are automatically calculated by the system.

The customer or a person designated by the customer shall immediately upon receipt check the goods for transport damage and, if possible, request written confirmation of any verifiable transport damage to the packaging of the goods from the carrier.

Customers are kindly requested to verify upon delivery of the order by the carrier:

• That the product(s) are not damaged or altered.
• That the number of items delivered corresponds to the number indicated on the transport document.

In the event that at the time of delivery you detect that the products have been damaged in transit, please proceed to reject the order or contact us as soon as possible.

Orders include value added tax (VAT) or other applicable taxes, as well as shipping costs (if any) and will be expressed in euros (€). The prices of each product will be automatically applied during the last phase of the purchase process, including taxes, transport or other services, so that the consumer can know the total amount and see it broken down before making the purchase.

• Customs duties and taxes for international shipments:

Items shipped internationally may be subject to customs duties and sales or value-added taxes (VAT) levied by the destination authorities. These charges vary by customs (for more information, check with your customs office to verify import charges). To complete your purchase, we ask that you agree that applicable duties and taxes are your responsibility.

We recommend that you contact your local customs agency for more information before placing your order. If your purchase is subject to customs duties, sales taxes or any other levies, your shipping provider will contact you to inform you of these charges, which must be paid prior to the scheduled delivery date.

PAYMENT METHODS

The customer’s preferred method of payment will be selected from those available:

• Payment by credit or debit card: You can conveniently pay with your credit or debit card through our payment gateway. In this type of payment, the customer will access a controlled environment where he will provide his card details directly to the entity, which will connect him with his bank to authorize the operation. In this way, the payment will be made in a direct, legitimate and secure way, maintaining the privacy of the card information at all times.
• Payment by bank transfer: when you select this payment method, you will receive an e-mail with the account number where you will have to deposit the amount at the end of the process. When making the transfer, please clearly indicate your name, surname and order number. Please check if your bank applies commissions.

SECURITY

THE COMPANY has the highest security measures available in the market. In addition, the payment process is carried out on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted, ensuring that it is only intelligible to the Client’s computer and the Web Site’s computer. In this way, the use of the SSL protocol guarantees:

1. That the Client is communicating its data to the server center of THE COMPANY and not to any other that may try to impersonate its identity.

2. That between the Client and the server center of THE COMPANY the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.

OFFERS AND PROMOTIONS

The offers and promotions published on this website will be accompanied by the corresponding information on the side of the product offered, its period of validity and the characteristics and conditions of the offer and promotion. Price reductions will be clearly displayed next to the regular price and without overlapping the discounted price of each one of them.

RIGHT OF WITHDRAWAL

Case 1: Returns due to withdrawal of purchase

All products purchased on this website may be returned and refunded, provided that you indicate your intention to return the product(s) within 14 calendar days of receipt.

–The amounts paid for the item(s) will be refunded, as well as the initial shipping cost.

The consumer and user will only bear the direct cost of returning the goods, as permitted by Article 108 .1 of the revised text of the general law for the defense of consumers and users and other complementary laws. However, in the event that the consumer and user has expressly selected a mode of delivery other than the least expensive mode of ordinary delivery, the entrepreneur shall not be obliged to reimburse the additional costs arising therefrom.

In which cases according to article 103, of exceptions to the right of withdrawal of the rewritten text of the general law for the defense of consumers and users and other complementary laws, we do not return any product:

The right of withdrawal shall not apply to contracts relating to:

a) The provision of services, once the service has been fully performed, and if the contract imposes on the consumer or user an obligation to pay, when performance has begun, with the prior express consent of the consumer or user and with the knowledge on his part that, once the entrepreneur has fully performed the contract, he will have lost his right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.

c) The supply of goods made to the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire rapidly.

e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

f) The supply of goods that after their delivery and taking into account their nature have been inseparably mixed with other goods.

g) The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.

h) Contracts in which the consumer and user has specifically requested the trader to visit him for urgent repair or maintenance operations; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal should apply to such additional services or goods.

i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.

j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts entered into by means of public auctions.

l) The provision of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

m) The supply of digital content that is not provided on a tangible medium when performance has begun and, if the contract imposes an obligation on the consumer or user to pay, when the following conditions are met:

• 1.º The consumer or user has given prior consent to initiate the execution during the period of the right of withdrawal.
• 2.º The consumer or user has expressed his knowledge that, as a consequence, he loses his right of withdrawal; and
• (3) The employer has provided a confirmation in accordance with Article 98.7 or Article 99.2.

The withdrawal period shall end 14 calendar days after:

• a) On the day of the conclusion of the contract, in the case of service contracts.
• b) The day on which the consumer and user or a third party indicated by him, other than the carrier, acquires the material possession of the goods ordered, in the case of sales contracts, or:

• 1. In case of delivery of multiple goods ordered by the consumer or user in the same order and delivered separately, on the day the consumer or user or a third party indicated by him, other than the carrier, acquires the material possession of the last of the goods.

• In the case of delivery of a good composed of multiple components or parts, on the day on which the consumer or user or a third party indicated by him, other than the carrier, acquires material possession of the last component or part.

• 3. In the case of contracts for the periodic delivery of goods during a specified period, the day on which the consumer or user or a third party indicated by him, other than the carrier, acquires the material possession of the first of those goods.

• c) In the case of contracts for the supply of water, gas or electricity when they are not packaged for sale in a delimited volume or in specific quantities, or of heating by means of urban systems or of digital content that is not provided on a material support, on the day on which the contract is entered into.

Case 2: Defective product returns

In cases where you consider that at the time of delivery the product does not conform to the stipulated in the order, you should contact us through the channels provided for this purpose, where we will tell you how to proceed. The amounts paid for those products that are returned because of any tare or defect (except those that have a price reduction and that the customer has purchased knowing exactly the tare that have) when it really exists, will be refunded in full, including shipping costs incurred to deliver the item. The refund will be made in the same means of payment that was used to pay for the purchase or in the one that the consumer indicates to us in his request.

Those returns that are derived from an error in the service. In such a case we undertake to exchange the product for another of the same type, provided that it is available. In the event that the change could not be made, the amount will be refunded.

We will examine the returned product and will inform you by e-mail or telephone within a reasonable period of time if the product is to be returned or replaced (if applicable).

Steps to follow

To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form, but its use is not mandatory.

Upon receipt of the products we will proceed to examine them and that is when we will inform you whether or not you are entitled to a refund of the amounts paid for the product(s) purchased, including delivery costs. The return process will be carried out as soon as possible and, in any case, within 14 days from the date on which we were notified of the intention to withdraw. In the information remember to put your order number and the reason for the return.

After examining the item we will inform you whether you are entitled to a refund of the amounts paid. The refund will be made as soon as possible and in any event within 14 calendar days from the date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first. The refund will be made by the same means of payment you used to pay for the purchase or your preferred means of payment. If your account has not been debited, we will only accept the return. The consumer and user will only bear the direct cost of returning the goods, as permitted by Article 108.1 of the revised text of the general law for the defense of consumers and users and other complementary laws.

Partial returns and/or partial cancellations will result in partial refunds of the amount paid for the order.

Return form: you have to fill in the withdrawal form and place it in a visible place on the website with the following indications:

(this form must be completed and sent only if you wish to withdraw from the contract)

– Attn: (here the name of the employer, his full address and e-mail address must be inserted):

– I/we hereby inform you (*) that I/we hereby withdraw from our (*) contract for the sale of the following good/provision of the following service (*)

– Ordered on/received on (*)

– Name(s) of consumer(s) and user(s)

– Address of the consumer and user or consumers and users

– Signature of the consumer and user(s) (only if this form is submitted on paper)

– Date

(*) Delete as appropriate.

APPLICABLE WARRANTIES

In accordance with the provisions of Royal Legislative Decree 1/2007, all products have the legally established warranty for manufacturing defects.

If you need to make use of the warranty, we suggest you contact us by phone at 958506110 and/or e-mail: info@plantasur.com.

Damage due to improper use or handling of the item or wear and tear caused by normal use of the item is not included in this warranty.

If you contract as a consumer and user, we offer warranties on the products we sell through the website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same.

It is understood that the products are in conformity with the contract provided that:

(i) Conform to the description made by us and possess the qualities that we have presented on the website,

(ii) are fit for the purposes for which goods of the same type are normally intended, and

(iii) are of a quality and performance that can reasonably be expected of a product of the same type.

In case of a defective item or product, THE WEBSITE OWNER will proceed, as appropriate, to the replacement, price reduction or termination of the contract, at no cost to the CLIENT. In the event that, for reasons of availability, it is not possible to replace the product, the full amount of the purchase will be refunded.

APPLICABLE LAW AND JURISDICTION

This website is governed by Spanish law and, in the event of any dispute arising from its use, both parties submit to the jurisdiction of the courts and tribunals of the city of Granada. This clause of express submission to the courts and tribunals of the city of Granada shall not be applicable in the event of a dispute with users of the website who, according to current legislation, are consumers. In such a case, the provider and the user agree to submit any dispute arising from the provision of products or services subject to these Conditions to the Courts and Tribunals of the place where the user is located.

Likewise, the provider and the user may submit their conflicts to the arbitration provided for in the legislation on arbitration and defense of consumers and users, and to the out-of-court dispute resolution procedures established by codes of conduct or other self-regulatory instruments.