Terms of Service

Welcome to Viveros La Jara, a specialist Mediterranean tree nursery based in Spain. These Terms of Service govern your use of our website at viveroslajara.es and any orders you place with us. By accessing our website or purchasing our products, you agree to be bound by these terms in their entirety. Please read them carefully before proceeding.

Viveros La Jara is a registered nursery business operating under Spanish commercial law and in full compliance with applicable European Union consumer protection regulations, including Directive 2011/83/EU on Consumer Rights and Regulation (EU) 2016/679 (GDPR).

1. General Information

These Terms of Service apply to all visitors, users, and customers of viveroslajara.es. References to "we", "us", or "our" mean Viveros La Jara. References to "you" or "your" mean the individual or entity accessing our website or purchasing our products.

We reserve the right to update or modify these Terms of Service at any time without prior notice. Any changes will be published on this page with a revised effective date. Your continued use of our website or services following any changes constitutes your acceptance of the revised terms.

If you do not agree with any part of these terms, you must stop using our website and refrain from placing orders with us.

2. Use of the Website

Our website is intended for lawful personal and commercial use in connection with the purchase of live plants, trees, and related horticultural products. You agree not to use viveroslajara.es for any purpose that is unlawful, harmful, or contrary to these terms.

Specifically, you agree not to:

• Attempt to gain unauthorised access to any part of our website, servers, or databases.
• Introduce viruses, malware, or any other harmful code or material to the site.
• Use automated tools, bots, or scrapers to extract data from our website without prior written permission.
• Reproduce, distribute, or commercially exploit any content from viveroslajara.es without our express written consent.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the website to transmit unsolicited communications or spam.

All content on this website, including text, images, plant photography, descriptions, and logos, is the intellectual property of Viveros La Jara or its licensors and is protected under applicable copyright and intellectual property laws.

3. Ordering Live Plants and Trees

All orders placed through viveroslajara.es are subject to availability. Because we deal exclusively in living plant material, stock levels can change rapidly depending on season, growing conditions, and prior sales. We will make every reasonable effort to keep our online catalogue accurate, but we cannot guarantee that every listed item will be available at the time of your order.

When you submit an order on our website, you are making a binding offer to purchase the selected products at the stated price. Your order constitutes acceptance of our pricing, delivery terms, and these Terms of Service. A confirmation email will be sent to the address you provide. The contract of sale is formed when we send you a dispatch confirmation, not at the point of order submission.

We reserve the right to refuse or cancel any order at our discretion, including in circumstances where:

• The ordered plant or tree is no longer available or has not passed our quality inspection.
• An error in pricing or product description has occurred on our website.
• We are unable to deliver to your specified location due to phytosanitary regulations or logistical constraints.
• We have reason to believe the order is fraudulent or made in bad faith.

In the event that we cancel your order, you will be notified promptly and a full refund will be issued using your original payment method.

Customers ordering large specimen trees or mature olive trees should contact us directly before placing an order, as such purchases may require site assessments, custom logistics arrangements, and written agreements supplementary to these terms.

4. Pricing and Payment

All prices displayed on viveroslajara.es are quoted in Euros (EUR) and are inclusive of applicable Spanish VAT (IVA) unless otherwise stated. Delivery charges are calculated separately and will be clearly presented before you complete your purchase.

We accept payment via the methods indicated on our checkout page at the time of purchase. Payment must be received in full before any order is dispatched. We use secure third-party payment processors and do not store your card details on our servers.

Prices are subject to change without notice. However, any change in price will not affect an order that has already been confirmed by us in writing.

5. Shipping and Delivery of Plants and Large Trees

Viveros La Jara ships live plant material across mainland Spain, the Balearic Islands, and to selected EU countries. Deliveries to the Canary Islands, Ceuta, and Melilla may be subject to additional phytosanitary certificates and extended lead times. Please contact us before ordering if you are based in these territories.

For international shipments within the European Union, customers are responsible for ensuring that the importation of specific plant species is permitted under the regulations of their country of destination. We reserve the right to decline international orders for species subject to phytosanitary restrictions.

Delivery timescales depend on the type and size of plant ordered:

• Small and medium container plants are typically dispatched within 3 to 7 working days from order confirmation.
• Large specimen trees, mature olives, carob trees, and similarly sized stock require individual assessment and scheduling. Estimated delivery times for these items will be communicated to you directly following order confirmation and range from 1 to 4 weeks depending on location and logistics requirements.
• Seasonal peaks, adverse weather, or phytosanitary inspections may extend delivery times. We will keep you informed of any significant delays.

Large and heavy trees are delivered by specialist freight carriers using flat-bed or crane-assisted vehicles where necessary. Access requirements for delivery of large trees are the responsibility of the customer. You must ensure that the delivery location is accessible for the type of vehicle required. Viveros La Jara is not liable for any costs or damages arising from inaccessible delivery locations.

Delivery of live plants is conducted during appropriate weather windows. We may delay shipment in periods of extreme heat, freezing temperatures, or other conditions that could compromise plant health during transit. You will be notified of any such delay.

Upon delivery, you or a nominated representative must be present to receive and inspect the shipment. If you are unable to receive the delivery, you must notify us in advance to rearrange. Failed deliveries that result in plants being held in transit for extended periods may result in deterioration of plant material, and Viveros La Jara accepts no liability for loss arising in such circumstances.

Risk of loss or damage passes to you upon delivery and acceptance of the goods.

6. Plant Health, Quality, and Condition at Delivery

We take pride in the quality and health of all plant material we supply. All plants and trees are grown and maintained to professional nursery standards and are inspected before dispatch. However, customers must understand the inherent nature of live plant material, which is subject to natural variation in appearance, size, and seasonal condition.

At the time of delivery, you should inspect all plants promptly. Any visible damage caused during transit, missing items, or plants that appear in clearly unacceptable condition must be reported to us within 48 hours of delivery, accompanied by photographic evidence. Failure to report issues within this timeframe may affect your ability to make a claim.

Plants supplied by Viveros La Jara are intended for outdoor or appropriate horticultural use consistent with Mediterranean climate conditions. We provide general care guidance with our orders, but we cannot be held responsible for the performance of plants when they are subjected to inappropriate growing conditions, incorrect soil preparation, improper watering, or environmental extremes beyond their stated hardiness range.

7. Warranty and Returns for Live Plants

As a consumer within the European Union, you benefit from statutory rights under EU consumer protection law. The following provisions are applied in accordance with those rights and do not affect any statutory entitlements you may have under applicable national law.

We offer the following plant guarantee:

• If a plant arrives in a clearly dead or severely damaged state attributable to our error or carrier mishandling, we will offer you a replacement or a full refund, provided the issue is reported within 48 hours of delivery with supporting photographs.
• For established specimen trees and large plants, we offer a 14-day arrival guarantee. If, within 14 days of delivery, a tree or large specimen shows signs of serious decline directly attributable to its condition at the time of dispatch rather than post-delivery care, we will review your claim and, where warranted, offer a partial or full replacement or credit.
• Beyond the above periods, Viveros La Jara does not offer extended plant survival guarantees, as plant health and performance are substantially dependent on post-purchase care, environmental conditions, soil preparation, and planting technique, which are outside our control.

Our guarantee does not cover:

• Natural seasonal dormancy, leaf drop, or temporary stress responses following transplanting, which are normal in many Mediterranean species.
• Damage or decline caused by frost, drought, flooding, pests, disease, or other environmental factors occurring after delivery.
• Damage caused by incorrect planting, improper watering, unsuitable soil conditions, or failure to follow care instructions.
• Plants that have been replanted, heavily pruned, or otherwise significantly altered after delivery.
• Minor cosmetic imperfections, natural colour variation, or differences in shape consistent with the natural growth of the species.

If you are a consumer based in the EU, you have the right to withdraw from a distance contract within 14 days of receiving your order without giving any reason, in accordance with Directive 2011/83/EU. However, please note that this right of withdrawal does not apply to goods that are liable to deteriorate or expire rapidly, which includes live plants. As live plant material is perishable by nature, the right of withdrawal may be excluded or limited in circumstances where exercising it would result in the deterioration of the goods.

To initiate a return claim or report a damaged delivery, please contact us at the details provided in Section 11 below. We aim to respond to all warranty and return enquiries within 3 business days.

8. Phytosanitary Compliance and Plant Passporting

Viveros La Jara operates in full compliance with EU plant health regulations, including Regulation (EU) 2016/2031 on protective measures against plant pests. Where required by law, we provide EU Plant Passports with our shipments.

Customers are responsible for complying with any national import regulations in their country of destination when ordering from outside Spain. We cannot accept liability for shipments detained, rejected, or destroyed by customs or plant health authorities due to the customer's failure to obtain the necessary permits or to comply with destination country regulations.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Viveros La Jara shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with your use of our website or the purchase of our products, including but not limited to loss of profits, loss of data, or loss of goodwill.

Our total liability to you in connection with any single transaction shall not exceed the total amount paid by you for the products in question.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded under EU or Spanish consumer law.

10. Privacy and Data Protection

We are committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Spanish data protection law. The personal information you provide when using our website or placing an order will be used solely for the purposes of processing your order, communicating with you about your purchase, and, where you have given consent, sending you relevant marketing communications.

We do not sell, rent, or share your personal data with third parties except where necessary to fulfil your order, such as sharing delivery information with logistics providers, or where required by law.

For full details of how we collect, use, and protect your personal data, and for information on your rights as a data subject, please refer to our Privacy Policy, available on our website.

11. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of Spain. Any disputes arising out of or relating to these terms or your use of our website shall be subject to the exclusive jurisdiction of the competent courts of Spain, without prejudice to any mandatory consumer protection rights you may hold under the law of your country of residence if you are a consumer located within the European Union.

If you are an EU consumer, you also have the right to use the European Commission's Online Dispute Resolution (ODR) platform to resolve disputes with traders based in the EU. This platform is accessible at: https://ec.europa.eu/consumers/odr

12. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, your order, or our products, please do not hesitate to contact us using the details below:

• Business Name: Viveros La Jara
• Website: viveroslajara.es
• Country of Establishment: Spain

We are committed to resolving any issues fairly and promptly in accordance with our obligations under EU consumer law and our own standards of customer service.

Last updated: June 2025