Terms of Service

Welcome to Viveros La Brisa. These Terms of Service govern your use of our website located at viveroslabrisa.es and any purchase of plants, trees, or related products made through our nursery. By accessing our website or placing an order with us, you confirm that you have read, understood, and agree to be bound by these terms in their entirety. If you do not agree with any part of these terms, please do not use our website or services.

Viveros La Brisa is a Spanish Mediterranean tree nursery specialising in the cultivation and sale of native and ornamental species adapted to Mediterranean climates. Our operations are conducted in full compliance with Spanish commercial law and applicable European Union consumer protection regulations, including Directive 2011/83/EU on consumer rights and Regulation (EU) 2016/679 (GDPR).

1. About Us

Viveros La Brisa is a professional plant nursery operating in Spain. Our registered business address and full legal details are available upon request and are included in all formal purchase documentation. For any enquiries regarding these terms or our services, you may contact us directly through the contact information provided on our website at viveroslabrisa.es.

2. Use of This Website

By accessing and using viveroslabrisa.es, you agree to the following conditions of use:

• You must be at least 18 years of age, or have the consent of a parent or legal guardian, to place an order or create an account on our website.
• You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of the site.
• You must not attempt to gain unauthorised access to any part of the website, its servers, or any databases connected to it.
• You must not use automated tools, bots, or scraping software to extract data from our website without prior written permission.
• All content on this website, including text, photographs, plant descriptions, pricing, and graphical elements, is the intellectual property of Viveros La Brisa or its licensed suppliers, and may not be reproduced or distributed without our express written consent.
• We reserve the right to suspend or terminate access to the website for any user who breaches these conditions.

We make every reasonable effort to ensure that the information on our website is accurate and up to date. However, plant availability, pricing, and specifications are subject to change without notice. We cannot guarantee that our website will be free from errors, interruptions, or technical issues at all times.

3. Ordering Live Plants and Trees

All orders placed through viveroslabrisa.es are subject to availability and our acceptance. Placing an order constitutes an offer to purchase, and a binding contract is only formed when we send you an order confirmation by email.

Please read the following important conditions that apply specifically to the ordering of live plant material:

• Live plants are perishable and living organisms. Their appearance, size, and condition may vary slightly from photographs shown on our website, as each specimen is a natural product.
• Plant sizes, pot volumes, and trunk caliper measurements provided in product listings are approximate and are intended as a guide only. Measurements reflect average specimens at time of listing and may differ slightly at the time of dispatch.
• Customers are responsible for ensuring that the plants or trees they order are suited to their local climate, soil conditions, and intended growing environment. Our team is available to provide guidance, but the final selection and suitability assessment remain the responsibility of the purchaser.
• Orders containing large or specimen trees may require additional processing time. We will notify you of any delays at the earliest opportunity.
• Certain species may be subject to phytosanitary regulations. It is the customer's responsibility to verify that the import of specific plant species is permitted in their region or country before placing an order.
• We reserve the right to decline or cancel any order at our discretion, particularly in cases where we cannot guarantee the safe and compliant delivery of the requested plants. In such cases, a full refund will be issued promptly.

4. Pricing and Payment

All prices displayed on viveroslabrisa.es are shown in Euros (EUR) and include applicable Value Added Tax (VAT) at the current Spanish rate, unless otherwise stated. Shipping and handling charges are not included in the listed price and will be calculated and displayed at checkout before you confirm your order.

• We accept payment by the methods listed at checkout, which may include major credit and debit cards, bank transfer, and other secure payment options.
• Payment must be received in full before any order is dispatched. For large or bespoke orders, we may require a deposit, with the remaining balance due prior to delivery. We will confirm such arrangements in writing.
• Viveros La Brisa reserves the right to correct any pricing errors on the website. If an error is identified after you have placed an order, we will contact you to offer the option to proceed at the correct price or cancel your order for a full refund.
• Prices may change without notice, but changes will not affect orders that have already been confirmed by us in writing.

5. Shipping and Delivery of Plants and Large Trees

Viveros La Brisa takes particular care in the preparation and dispatch of all plant material. The delivery of live plants, and especially large or specimen trees, involves specific considerations that customers must be aware of before placing an order.

5.1 General Delivery Conditions

• We deliver to addresses throughout Spain and to selected European Union countries. Availability of international shipping is indicated at checkout. Deliveries outside Spain may be subject to additional phytosanitary documentation and costs.
• Estimated delivery timeframes are provided at checkout and in your order confirmation. These are estimates and not guaranteed dates. Viveros La Brisa is not liable for delays caused by carriers, adverse weather conditions, public holidays, or other circumstances beyond our reasonable control.
• All plant material is carefully packaged using specialist horticultural materials designed to protect plants in transit. Despite our best efforts, some degree of stress or minor cosmetic damage may occur during transportation of live plants, and this does not constitute grounds for a claim unless the plant is materially damaged or dead upon arrival.
• Upon delivery, you must inspect the plant material as soon as practicable and notify us of any visible damage, shortage, or discrepancy within 48 hours of receipt, supported by photographic evidence.

5.2 Delivery of Large and Specimen Trees

The delivery of large trees, including olive trees, citrus trees, carob trees, palms, and other specimen Mediterranean species, is subject to additional conditions due to their size, weight, and fragility:

• Large tree deliveries are carried out using specialist transport vehicles and, where necessary, crane-equipped lorries. Delivery charges for large trees are calculated individually based on species, size, weight, root ball dimensions, and delivery location.
• The customer is responsible for ensuring adequate and safe access to the delivery site. This includes sufficient road width, height clearance, and a suitable area for unloading. We recommend that customers contact us in advance to discuss site access requirements.
• If our delivery team determines that site access is unsafe or insufficient upon arrival, we reserve the right to decline the delivery on that occasion. Additional charges may apply for re-delivery, and any waiting time costs incurred may be passed on to the customer.
• Unloading of large trees and installation into the ground is not automatically included in the delivery service unless expressly agreed in writing and included in your order confirmation. Planting and installation services may be available at an additional cost, subject to our availability.
• The customer must ensure that a responsible adult is present at the delivery address at the agreed time. If no one is available to receive a large tree delivery and the goods cannot be left safely, a re-delivery charge will apply.
• We strongly advise customers to arrange for immediate planting or appropriate temporary storage upon delivery of large specimens, as prolonged containment can cause deterioration for which Viveros La Brisa cannot accept responsibility.

6. Plant Warranty and Returns

At Viveros La Brisa, we take pride in the quality of the plant material we supply. We are committed to ensuring that all plants dispatched are healthy, vigorous, and true to species at the time of delivery. The following warranty conditions apply to all plant purchases.

6.1 Statutory Rights

As a consumer purchasing from a business based in Spain, you are entitled to rights under Spanish law implementing EU Directive 2019/771 on the sale of goods. These rights include the right to have goods that are not in conformity with the contract repaired, replaced, or refunded, subject to the conditions described below.

6.2 Plant Guarantee

• We offer a 14-day guarantee on all live plant material from the date of delivery. During this period, if a plant arrives dead or in a condition that is materially inconsistent with the product description, and this is not attributable to improper care after delivery, we will offer a replacement or full refund at our discretion.
• To make a claim under this guarantee, you must contact us within 14 days of receiving your order, provide your order number, a written description of the problem, and clear photographic evidence showing the condition of the plant.
• The guarantee does not apply to damage or deterioration resulting from improper watering, inappropriate planting conditions, frost damage, pest infestation occurring after delivery, neglect, incorrect pruning, or any other factor outside the control of Viveros La Brisa.
• Seasonal changes in appearance, such as leaf drop in deciduous species or temporary transplant shock, do not constitute defects and are not covered by this guarantee. Our team is happy to provide aftercare guidance to support the establishment of newly purchased plants.
• The guarantee applies to the plant itself and does not extend to ancillary products such as pots, soils, or accessories unless separately defective.

6.3 Right of Withdrawal

Under EU consumer protection law, consumers have a general right to withdraw from a distance contract within 14 days of receiving goods. However, please be aware of the following important limitation:

• Live plants and perishable goods are explicitly excluded from the standard right of withdrawal under Article 16(d) of EU Directive 2011/83/EU, as they are liable to deteriorate or expire rapidly.
• For non-perishable products such as garden tools, accessories, or sealed horticultural products that have not been opened, the standard 14-day right of withdrawal applies. If you wish to return such items, please contact us before sending them back, as we will provide instructions for the return process.
• Return shipping costs for non-defective items are the responsibility of the customer unless otherwise agreed in writing.

7. Limitation of Liability

Viveros La Brisa is committed to providing high-quality products and services. However, we operate in a sector that is inherently subject to natural variability, and the following limitations of liability apply:

• Our total liability to you in connection with any order shall not exceed the total price paid by you for the goods in question.
• We are not liable for indirect losses, consequential damages, loss of profit, loss of enjoyment, or any other loss that is not a direct and foreseeable result of our breach of contract or negligence.
• We are not responsible for the failure of plants to thrive after delivery if such failure is attributable to conditions at the customer's site, including but not limited to soil composition, irrigation, climate, or actions taken by the customer or third parties.
• Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under Spanish or EU law.

8. Privacy and Data Protection

Viveros La Brisa collects and processes personal data in connection with your use of our website and the fulfilment of orders. We are committed to handling your personal data responsibly and in full compliance with the General Data Protection Regulation (GDPR) and Spanish data protection law (LOPDGDD).

• Personal data collected includes your name, delivery address, email address, telephone number, and payment information. This data is used solely for the purposes of processing your order, communicating with you about your purchase, and complying with our legal obligations.
• We do not sell or share your personal data with third parties for marketing purposes. Data may be shared with delivery partners and payment processors solely to the extent necessary to fulfil your order.
• You have the right to access, correct, delete, or restrict the processing of your personal data. To exercise these rights, please contact us using the details provided on our website.
• For full details of how we collect, use, and protect your personal data, please refer to our Privacy Policy, which is available on viveroslabrisa.es.

9. Intellectual Property

All content on viveroslabrisa.es, including text, photography, plant descriptions, logos, and design elements, is the exclusive property of Viveros La Brisa or its content suppliers and is protected by applicable intellectual property laws. You may not copy, reproduce, republish, upload, broadcast, transmit, or distribute any content from this website without our prior written permission, except for personal, non-commercial use.

10. Governing Law and Dispute Resolution

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

In the event of a dispute, we encourage you to contact us in the first instance so that we can attempt to resolve the matter amicably. EU consumers also have access to the European Commission's Online Dispute Resolution (ODR) platform, available at ec.europa.eu/consumers/odr, which provides a tool for resolving disputes arising from online purchases.

11. Amendments to These Terms

Viveros La Brisa reserves the right to amend these Terms of Service at any time. Any changes will be posted on this page with a revised effective date. Your continued use of our website or services following the posting of changes constitutes your acceptance of the updated terms. We recommend that you review this page periodically to stay informed of any updates.

12. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or any aspect of your experience with Viveros La Brisa, please do not hesitate to contact us. Our contact details are available on the Contact page of our website at viveroslabrisa.es. We are committed to responding to all enquiries promptly and professionally.

These Terms of Service were last reviewed and updated in 2025.