Terms & conditions

These terms and conditions apply to all orders placed in the Gardens of Ibiza online shop. Please read them carefully before placing an order. Garden maintenance, garden design and landscaping projects are covered by separate terms, which we provide with every quote or agreement. Our shipping policy, returns and refunds policy and payment methods form part of these terms.

Article 1 - Definitions

1. Merchant: Gardens of Ibiza, as identified in Article 2.
2. Consumer: a natural person acting for purposes outside their trade, business, craft or profession.
3. Business customer: a natural or legal person acting for purposes related to their trade, business or profession.
4. Customer: a consumer or a business customer.
5. Distance contract: a contract concluded between the merchant and the customer through our website or other means of distance communication, without both parties being physically present at the same time.
6. Withdrawal period: the period of 14 calendar days within which the consumer may exercise the right of withdrawal.
7. Durable medium: any means, including email, that allows information to be stored and reproduced unchanged.
8. Day: calendar day.

Article 2 - Identity of the merchant

Gardens of Ibiza - Green and Wild, S.L., trading as Gardens of Ibiza
Polígon 8, Disseminat 247
07850 Sant Carles de Peralta, Ibiza, Illes Balears, Spain
VAT number: ESB75920090
Telephone: +34 971 943 962 (Monday to Friday, 09:00 - 18:00)
Email: info@gardensofibiza.com
Website: www.gardensofibiza.com

Article 3 - Applicability

1. These terms apply to every offer in the online shop and to every contract concluded through the online shop between the merchant and a customer.
2. These terms do not apply to garden maintenance, garden design, landscaping projects or other services. Separate terms apply to those services and are provided with the quote or agreement.
3. The text of these terms is made available before the contract is concluded, in a way that allows the customer to store it on a durable medium. On request, we send it free of charge by email.
4. If specific product conditions apply in addition to these terms, the consumer may always rely on the provision that is most favourable to them.
5. Nothing in these terms limits the rights a consumer has under mandatory Spanish and European consumer law.

Article 4 - The offer

1. Our offer contains a complete and accurate description of the products offered. Images reflect the products as accurately as possible. Natural products such as plants, mulch, soil and stone vary in colour, shape and size, so small differences from the images are possible.
2. If an offer has a limited validity or is subject to conditions, this is stated explicitly.
3. The merchant is not bound by obvious errors or mistakes in the offer, including obvious pricing errors.
4. Product availability may change. If a product turns out to be unavailable after you have ordered, we will inform you as soon as possible and refund any amount already paid.

Article 5 - The contract

1. The contract is concluded when the customer places the order by completing the checkout and the merchant confirms receipt of the order by email.
2. The merchant takes appropriate technical and organisational measures to protect the electronic transfer of data and to provide a secure web environment.
3. The merchant may, within the limits of the law, refuse an order or attach special conditions to it, for example in case of an incomplete delivery address or a delivery location that cannot be reached.
4. No later than at delivery, the merchant provides the consumer with the following information on a durable medium: the business address for complaints, the conditions for withdrawal or a clear statement that withdrawal does not apply, information on guarantees and after-sales service, the total price including taxes and delivery costs, and the model withdrawal form.

Article 6 - Right of withdrawal

1. The consumer may withdraw from a contract for products within 14 days without giving a reason. The period starts on the day the consumer, or a third party designated by the consumer other than the carrier, receives the products. If an order is delivered in several parts, the period starts on the day the last part is received.
2. The merchant may ask for the reason for withdrawal, but the consumer is not obliged to give one.
3. If the merchant has not informed the consumer of the right of withdrawal, the withdrawal period ends twelve months after the end of the original period. If the information is provided within those twelve months, the period ends 14 days after the consumer receives it.

Article 7 - Obligations of the consumer during the withdrawal period

1. During the withdrawal period, the consumer handles the products and packaging with care, and only unpacks or uses them as far as necessary to establish their nature, characteristics and functioning.
2. Plants must be kept in their original pots and given reasonable care. Big bags must remain unopened. Flagstones must remain complete and on the pallet.
3. The consumer is only liable for a decrease in value of the products resulting from handling beyond what is permitted in paragraph 1.

Article 8 - Exercising the right of withdrawal and costs

1. The consumer notifies the merchant of the withdrawal within the withdrawal period, by email to info@gardensofibiza.com, by means of the model withdrawal form or by any other clear statement.
2. The consumer returns the products, or makes them available for collection, as soon as possible and no later than 14 days after the notification.
3. The direct costs of returning the products are borne by the consumer. These costs are set out in our returns and refunds policy. Small items can be returned free of charge at our warehouse in Sant Carles.
4. The burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. When the consumer exercises the right of withdrawal, any related additional agreements end automatically.

Article 9 - Obligations of the merchant in case of withdrawal

1. The merchant confirms receipt of a withdrawal sent by electronic means without delay.
2. The merchant refunds all payments received, including the standard delivery costs, no later than 14 days after the day the consumer notified the withdrawal. If the consumer chose a delivery method more expensive than the standard delivery, the additional cost is not refunded. If only part of an order is returned, the delivery costs are not refunded.
3. Unless the merchant collects the products, the merchant may withhold the refund until the products have been received back or the consumer has shown that they have been sent, whichever is earlier.
4. The refund is made using the same payment method the consumer used, unless agreed otherwise, and is free of charge for the consumer.

Article 10 - Exclusion of the right of withdrawal

The right of withdrawal does not apply to:

1. products made to the consumer's specifications or clearly personalised, such as custom orders;
2. products that, after delivery, have by their nature been inseparably mixed with other items, such as soil, compost, mulch or gravel that has been spread, mixed or worked into the garden;
3. products that are liable to deteriorate rapidly.

Where an exclusion applies, the merchant states this clearly in the offer or before the contract is concluded.

Article 11 - Prices

1. All prices include VAT (IVA).
2. During the validity period stated in the offer, prices are not increased, except for changes in VAT rates.
3. Delivery costs depend on the products ordered and are set out in our shipping policy. They are shown clearly at checkout and included in the total price before payment.

Article 12 - Conformity and guarantee

1. The merchant guarantees that the products conform to the contract, the specifications in the offer, reasonable requirements of soundness and usability, and the legal provisions in force at the time the contract was concluded.
2. For consumers, the legal guarantee of conformity under the Spanish General Law for the Defence of Consumers and Users (Real Decreto Legislativo 1/2007) applies. The merchant is liable for any lack of conformity that exists at the time of delivery and becomes apparent within three years of delivery.
3. Any additional guarantee from the merchant, a supplier or a manufacturer never limits the consumer's legal rights.
4. Plants and trees are supplied in line with professional nursery standards and the applicable Spanish and EU plant health rules. At delivery, they are true to the stated type and variety, of good commercial quality and visibly free of pests and diseases.
5. Information about expected size, growth, flowering or yield is given as an indication, based on normal growing conditions, and is not a guarantee of how a plant will develop.
6. Plants are living products. They are delivered healthy and in good condition. Their development after delivery also depends on factors outside the merchant's control, such as watering, exposure, soil and weather. Loss or poor development caused by these factors is not a lack of conformity.
7. We ask the customer to check the order on delivery and to report visible damage, a wrong product or a missing item within 48 hours, with a photo, by email or WhatsApp. This helps us resolve it quickly. For consumers, this does not affect the legal guarantee rights.

Article 13 - Delivery

1. The merchant takes the greatest possible care in receiving and carrying out orders.
2. The place of delivery is the address the customer provides. After the order, the merchant contacts the customer to confirm the delivery day and the exact location. Deliveries are made to the parking area as standard, unless agreed otherwise.
3. The customer ensures that the delivery location is accessible and suitable for the vehicle needed, such as a van or truck. If delivery is not possible because the location cannot be reached safely, or because the customer is not present at the agreed time despite timely notice, the costs of the failed delivery and of a new delivery are borne by the customer.
4. The merchant delivers accepted orders as quickly as possible and no later than 30 days after the order, unless a different period has been agreed. If delivery is delayed or not possible, the merchant informs the customer. In that case, the consumer may cancel the contract free of charge and receives a refund of the amount paid.
5. The risk of damage to or loss of products remains with the merchant until delivery to the customer or a representative designated by the customer.
6. Further delivery conditions, including delivery costs and areas, are set out in our shipping policy.

Article 14 - Payment

1. The available payment methods are shown on our payment methods page and at checkout. Unless agreed otherwise, online orders are paid in full when the order is placed.
2. For payment by bank transfer, the delivery is planned once the payment has been received.
3. The customer informs the merchant without delay of any errors in the payment details provided.
4. If the customer does not pay on time, the merchant sends a reminder with a further period of 14 days. If payment is still not made, the merchant may charge statutory interest on the outstanding amount, as well as reasonable collection costs where permitted by law.

Article 15 - Business customers

For business customers, the following applies in addition to the other articles, which apply to business customers where relevant:

1. The business customer inspects plants, trees and materials on delivery and reports any visible non-conformity, such as a wrong variety, transport damage or a phytosanitary issue, within 72 hours. Claims made more than seven days after delivery are not accepted.
2. Accepted claims are settled by replacing the affected products within a reasonable period. Only if replacement is not possible within 30 days may the merchant issue a credit note for the invoiced value of the affected products instead.
3. The merchant's liability is limited to the invoiced value of the order concerned. The merchant is not liable for indirect or consequential damage, including loss of profit, loss of production or replanting costs.
4. Once plants have been delivered in good condition, the risk and responsibility for their further development rest with the business customer.
5. The right of withdrawal in Articles 6 to 10 does not apply to business customers.

Article 16 - Force majeure

The merchant is not liable for delays or failure to perform caused by circumstances beyond its reasonable control, such as extreme weather, fire, transport incidents, strikes or government measures. In such cases, the merchant informs the customer as soon as possible. If delivery is delayed by more than 30 days, both parties may cancel the contract, and any amount already paid for undelivered products is refunded.

Article 17 - Complaints

1. Complaints about the performance of the contract should be submitted to the merchant as soon as possible, fully and clearly described, by email to info@gardensofibiza.com.
2. The merchant responds within 14 days of receipt. If a complaint requires more time, the merchant confirms receipt within 14 days and indicates when a full answer can be expected.
3. Official complaint forms (hojas de reclamaciones) are available on request.

Article 18 - Applicable law and disputes

1. These terms and all contracts concluded through the online shop are governed by Spanish law.
2. If a complaint cannot be resolved together, the consumer may turn to the consumer authorities of the Balearic Islands or to the consumer arbitration system (Junta Arbitral de Consumo), where both parties agree to this.
3. Disputes with consumers are submitted to the competent court of the consumer's place of residence. Disputes with business customers are submitted to the competent courts of Ibiza.

Article 19 - Changes to these terms

The merchant may change these terms. Changes take effect after publication on the website. For contracts already concluded, the terms that applied at the time of the order remain in force, unless the new terms are more favourable to the consumer.

Appendix - Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

Last updated: October 2026