Purchase conditions

The sale of products through this website is carried out under the name of Naranjas del Carmen by MASIA EL CARMEN, SL., a Spanish company with registered offices for the purposes of notifications at Camino de Alcublas sn, 46117 Bétera (Comunidad Valenciana) with VAT number (N.I.F.) B86092731 registered on the Madrid Trade Registry (Tomo:28336, Libro:0, Folio:73, Sección:8, Hoja: M 510315) with phone number +34 961 13 80 56 and email address friends@naranjasdelcarmen.com.

The information or personal details that you provide us with are processed according to the data protection policies. By using this website, you are consenting to the processing of such information and details and you affirm that all information or details you have provided us with are true and accurate.

By using this website and/or by placing any order through it, you consent:

i. To use this website exclusively to make legitimate enquiries or orders.

ii. Not to make any speculative, false or fraudulent orders. If we reasonably consider that such an order has been made, we are entitled to cancel the order and inform the competent authorities.

iii. To provide correct and accurate email, postal address and/or other contact details and acknowledge that we may use these details to contact you if necessary (see our data protection policies). If you do not give us all of the information that we need, we will not be able to complete your order. 

By placing an order through this website, you warrant that you are at least 18 years old and are capable of entering into legally binding contracts.

Items offered on this website are only available for delivery to a list of defined countries that you will be able to select during the purchasing process.

To place an order, you must follow the online purchasing process and make the payment for the items you have selected. After this, you will receive an email from us confirming that your order has been submitted (the “Order Confirmation”). 

In case you detect an error in your personal details when registering as a new user of this website, you will be able to correct it in the section “My account” .

In any case, you will be able to correct any error related to personal details registered during the purchasing process by contacting us through the email address friends@naranjasdelcarmen.com. You can also exercise your right of rectification as considered in our Privacy Policy using the same email address.

This website presents confirmation windows at various sections of the purchasing process in order to prevent proceeding with the order if data in these sections have been provided incorrectly. Furthermore, this website gives details on all items you added to your shopping basket during the purchasing process in order to enable you to modify the order details before making the payment.

If you detect an error in your order after having completed the payment process, you should contact us immediately calling the phone number +34 961 13 80 56 or writing an email to the address previously mentioned to rectify the error. 

All orders are subject to availability of products. In the event of issues regarding the harvest or product delivery or if the harvest season ended before we execute your order, we will reimburse you with the amount you have payed for.

If you have not fully utilized the quantity of your harvest in the event of adoption, there will be no cash refund; instead, the unused kilograms will be added to the next season. Naranjas del Carmen offers agricultural products which vary depending on the year and season. The current offer is available on the Naranjas del Carmen website and can be modified at any time without any prior notice.

Unless there are special circumstances linked to the products’ personalization or unless any other exceptional and unplanned circumstances, we will endeavor to fulfill your order with the product(s) included in the Order Confirmation by the delivery date indicated on the website. You will choose the approximate delivery date of the products in the calendar displayed for this purpose on the website during the purchasing process.

If weather conditions allow, we will try to harvest the fresh products you ordered during the purchasing process (especially fruits and vegetables) on a determined shipment date.

For the purpose of these Conditions, “delivery” or “delivered” shall be deemed to have occurred when you or a third party nominated by you acquires physical possession of the products, which will be endorsed by the signing of the receipt confirmation at the agreed shipping address.

Shipping times vary depending on the country and municipality you choose as shipping address. For orientation purposes, we inform you about the approximate shipping times from the below-mentioned countries:

+ Between 1 and 2 working days for Portugal and Spain.

+ Between 2 to 4 working days for: Austria, Belgium, France, Germany, Luxembourg, Monaco, Netherlands, Switzerland.

+ Between 3 to 6 working days for Denmark, Estonia, Finland, Hungary, Ireland, Italy, Latvia, Lithuania, Poland, Sweden and UK.

These shipping times may vary and the shipment might be delayed due to factors beyond the control of Naranjas del Carmen (e.g. rain, mist, wind or other climatic conditions that impede the harvest of products in good condition, issues with the transport company etc.) which will not constitute justification for penalization or for holding Naranjas del Carmen civilly liable on contractual and non-contractual grounds.

Naranjas del Carmen may cancel any order you made if there are objective conditions that impede the preparation and shipment within reasonable time. You will be notified of this sudden impossibility by email. In such a case, you will be entitled to have the order prepared and sent out at a later time without additional costs.

We will use the most suited transport company for the shipment of your order. These transport service providers are integrated into our systems and adapt to our schedule for harvesting fruits and vegetables and preparing orders. For this reason, we do not accept delivery through any other courier that you may hire, even if it belongs to the same transport company as the one we are using. We will also be entitled to changing the courier at any time and without prior notice.

Upon delivery, you or the person receiving the order at the address indicated during the purchasing process must not sign the delivery receipt (“Proof Of Delivery” or “POD”) before verifying that the boxes, pallets or packaging are closed, have not been previously opened and that no box is missing from the order. In case boxes or pallets are missing, or if one has already been opened, please report the nonconformity to the courier in detail and keep a copy of the nonconformity statement with the record of the incidence, communicating the issue immediately to Naranjas del Carmen via the following email address: friends@naranjasdelcarmen.com attaching photographs of the nonconformity statement and of the shipment’s condition. The goods shall be preserved in the same condition in which they were received (i.e. neither opened nor consumed) until a written notification is received from Naranjas del Carmen detailing how you should proceed.

If you sign the delivery receipt without stating its nonconformity in the Proof of Delivery, we will not accept claims with regards to manifest defects.

If you receive a delivery without manifest defects, but the fruits turn out to be unsuitable for consumption, that is with hidden defects, you will have to report this incident as soon as possible (and always in less than 14 days following the delivery) through your user account under 'MY ORDERS.' There, you will find the option to provide feedback under the respective order. We also kindly ask you to attach photos of the product along with an explanation for the reason for the complaint.

If the carrier is unable to deliver your order, they will (depending on the carrier) try to find a safe place for the parcel. If no safe place can be found, your order will be taken to a pick-up point of the carrier.

If you cannot be at the delivery address at the agreed time, please contact the shipping company to fix a new delivery date. If, due to reasons not attributable to us, your order has not been delivered 15 days after you order was ready to be delivered, we will assume you wish to withdraw from the contract and will be considered terminated. As a result of the termination of the contract, we will return the amount received from you for the order deducting the logistics costs for the delivery.

Please note that additional transport costs may result from the termination of the contract which we are authorized to charge you with.

The products will be at your risk from the moment of delivery onwards. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon the time of delivery (as defined in clause 9), whichever is later

All prices on our website include legally applicable taxes (VAT). The prices for the orange and clementine boxes, the olive oil order and the beehives shown are the final prices including transport costs. Depending on the delivery country, we reserve the right to decide a minimum order size to accept the order and send it with ecologically and economically acceptable costs.

The prices, indicated on the website, may be modified at any time without prior notice but (except as set out above) the possible changes will not impact orders which already received an Order Confirmation.

If you have acquired a product of the CrowdfarmingⓇ family, logistics costs which you will pay on this website for the harvesting, packaging and shipment of fruits and vegetables will be renewed annually according to transportation, harvesting and packaging material costs.

If your harvest for the current season is exhausted or your planned order exceeds the available harvest, the usual prices will apply.

Once you have selected all items you wish to purchase, they will be added to your basket and in the next step, the order will be processed and the payment made.To do this, you must follow the steps of the purchase process, completing and verifying the information requested at each step. Throughout the purchase process, before the final payment, you can modify the details of your order.

The price of the purchased products will be charged immediately after you click on “Pay”. To be able to charge you, we will request your payment information, either for your credit card, direct debit, or in some cases also your Paypal account. During the payment process you can link the chosen payment method to your account to simplify the process for your next orders.

By clicking on “Pay” you confirm that the credit card or the bank account is yours and that you are their legitimate holder.

To minimise the possibility of unauthorised access, your credit card details and IBAN will be encrypted. Credit cards and IBAN are subject to validation checks and authorisation from the issuer entity. If your issuer entity fails to authorise the payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.

We will by default consider that you are a natural person. When you finalize the purchasing process, we will issue a simplified invoice with the corresponding VAT for each product. In case you are placing the order in the name of a company or a legal person, you can request modification of the invoice once the order is finalized by writing us an email to  friends@naranjasdelcarmen.com providing the following information:

+ Corporate name

+ Tax identification number

+ Invoicing address: address, postal codes, locality, municipality, country

You explicitly authorize us to issue an invoice in an electronic form, although at any time you can request  an invoice on paper which we will then issue and send to you. 

14.1. Legal right to withdraw from your order

Right of withdrawal

As established in article 102 and in line with the Royal Legislative Decree 1/2007, of November 16th, approving the revised text of the General Law for the Protection of Consumers and Users and other supplementary laws, in the case of orders which include perishable products, you cannot request a withdrawal from the purchasing contract nor any refund for the amount paid. In the case of an order with non-perishable products, you are entitled to fourteen (14) calendar days after receipt of the order to request withdrawal from the purchasing contract and the reimbursement of the amount paid for the products which have not been consumed.

To exercise your right of withdrawal, you must notify Naranjas del Carmen of your decision to withdraw from the contract through a clear statement (e.g. a letter sent by postal mail or an email):

+ Postal address for notifications purposes: NARANJAS DEL CARMEN S.L., Camino de Alcublas sn, 46117 Bétera, Comunidad Valenciana, Spain.

+ Email address for notifications purposes: friends@naranjasdelcarmen.com

To meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order, before the withdrawal period expires. Until we receive the returned product in our garden in Bétera (Valencia), we cannot assume its ownership. We reserve the right, at our sole discretion, to reimburse the purchase price without requesting its return. In such a case, the ownership of the reimbursed product will not be transferred to Naranjas del Carmen.

Effects of withdrawal

We will refund the payment received from you for non-perishable products which were returned in time and in good shape. We will use the same means of payment that you used to pay for your order.

In the case of mixed orders, that is to say orders which include perishable and non-perishable products, we will apply each product type’s withdrawal clause depending on each product´s proportion within the order

14.2. Exceptions to the right of withdrawal

Because of the use of ecological farming techniques, the agricultural as well as the horticultural products of Naranjas del Carmen may vary substantially in their organoleptic characteristics, primarily in their appearance, colour, odour and flavour. These properties cannot be considered reasons for returns. If you wish to know the level of acidity or ripeness at that moment you may visit our website or write us an email with your enquiry at friends@naranjasdelcarmen.com.

The withdrawal right does not apply to the delivery of:

+ Personalized products: honey sent in personalized jars with the name you have chosen unless the product was damaged or defective when delivered;

+ Products which cannot be returned because of hygiene and health protection reasons if unsealed after its delivery (for example olive oil) or if they were, after the delivery, inseparably mixed with other products;

+ Products which can deteriorate or expire rapidly (for example perishable food or products or subject to an expiration date less than a year).

+ CrowdfarmingⓇ products: due to their specific nature are governed by the CrowdfarmingⓇ contract. A copy of this contract will be attached to the confirmation order of the tree.

14.3. Our voluntary return warranty

IIn addition to the withdrawal right legally recognized by consumers and users and mentioned in the previous clause 14.1, if you consider that part of the perishable products you received are not meeting normal consumption conditions, you must inform us in writing (via the email address friends@naranjasdelcarmen.com) within the first 48 hours of receipt of the box providing photos of the products in bad shape inside the original box. Our team will contact you to understand the reason why the products are not meeting normal consumption conditions and they could present one of following options to you:

+You don’t have an adopted orange tree: upon placing the next order, you could inform us so that we will send you the amount which did not meet normal consumption conditions as part of this new order.

+You do have an adopted orange tree: we will add the amount of product not meeting normal consumption conditions to your virtual garden.

Our finca is not open to the public. If you adopt a tree at Naranjas del Carmen you can come and visit the finca by arranging an appointment through the following contact form from our website informing us of the exact number of visitors. We will not be able to receive visitors without prior appointment or without a confirmation of the visit written by one of our team members. The visit will take place under the supervision and accompanied by a member of the Naranjas del Carmen staff. For road safety reasons, it is prohibited to walk to our plantation. It is strictly forbidden to appear at the finca for a visit without prior appointment. For security purposes visitors without prior appointment will not be given access to our plantation. Naranjas del Carmen reserves the right to forbid the entry to the finca to clients or third parties (canceling an appointment if it had been confirmed) if the staff considers their entry inadequate for any reason, without having to justify the decision by any means. This would nonetheless be communicated to the visitors as soon as possible. We cannot always guarantee that the adopted tree can actually be viewed during a visit, as our fields are in different locations and not all are easily accessible. The first photo of an adopted tree is usually not taken and uploaded to the user account until about six months after the adoption. This delay is due to collecting the orders and hiring a company to produce the metal tags. As soon as the tags are available, they are attached to the relevant trees and the photo is then taken. See CrowdFarming contract.

Unless expressly set out otherwise in the present Conditions, our liability in connection with any product acquired on our website will be strictly limited to the purchase price of that product. Nonetheless, and unless otherwise stipulated by law, we will not take any responsibility for the following losses, irrespective of their origins:

+ loss of income or sales;

+ business losses;

+ loss of profit or contracts;

+ loss of planned savings;

+ loss of data; and

+ loss of management time or work hours.

Due to the open nature of this website and to the possibility that errors may happen in storage or in the transmission of digital information, we do not guarantee the accuracy and security of information exchanged or obtained through this website unless expressly stated otherwise on it.  

You acknowledge and agree that all copyright, trademarks (especially “CrowdfarmingⓇ” and “Naranjas del Carmen”) and all other industrial and intellectual property rights regarding the material or contents provided as part of this website shall  at all time remain vested in us. You are permitted to use this material only as expressly authorised by us in writing. This does not prevent you from using this website to the extent necessary to make a copy of your order or contract details. 

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or malicious software or material. You will not seek to have unauthorized access to this website, to the server which hosts this website or to any other server, computer or database related to our website. You commit not to attack this website via a denial-of-service attacks or a distributed denial-of-service attacks. The breach of this term goes along with the commission of infringements under the applicable legislation. We will report any such breach to said legislation to the relevant authorities and we will co-operate with them to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately. We accept no liability for any loss or damage resulting from any denial-of-service attack, virus or any other software or material which is technologically malicious or  harmful to your computer, its equipment, data or material resulting from the use of this website or from downloading the contents thereof or of such contents to which this website redirects. 

We may have links from our website to other websites and third party materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites and materials. Consequently, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

Applicable regulations require that some of the information or communication we send to you should be in writing. By using our website, you accept that most of said communication with us will be electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notifications, information and other communication that we provide to you electronically comply with the legal requirements and must be in writing. This condition does not affect your statutory rights. 

ll notifications should be sent to us via email to friends@naranjasdelcarmen.com. As provided for previously under Clause 19 and unless agreed otherwise, we may give notice to you via email or postal address you provide to us when placing an order. It will be understood that notifications have been received and properly served immediately when posted on our website, 24 hours after an email was sent, or three days after the date of posting of any letter. In order to prove that notifications were sent, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and duly placed in the post or in a mailbox, and in the case of an email that such email was sent to the specified email address of the recipient.

The contract binding for both you and us as well as for our respective successors and assigns. You may not transmit, assign, hand over or otherwise transfer the contract, or any of the rights or obligations derived from it, without our prior written consent. We may transmit, assign, hand over, sub-contract or otherwise transfer the contract, or any of the rights or obligations derived from it, at any time during the term of the contract. To avoid any doubt, any such transmissions, assignments, hand-overs or other transfers will neither affect your statutory rights as a consumer nor cancel, reduce or otherwise limit any warranty, whether expressed or implied, which may have been provided to you by us. 

We will not be responsible for any non-compliance, or delay in performance of any of the obligations undertaken, when such were caused by events beyond our reasonable control (“Events of force majeure”). Events of force majeure include any act, event, non-happening, omission or accident beyond our reasonable control and among others, the following: 

+ Strikes, lockouts or other industrial action. 

+ Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war. 

+ Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster. 

+ Impossibility of the use of railways, ships, aircraft, motor transport or other means of public or private transport.

+ Impossibility of the use of public or private telecommunications systems.

+ Acts, decrees, legislation, regulations or restrictions through any government or public authority. 

+ Any shipping, postal or other relevant transport strike, failure or accidents. 

+ Any kind of system hacking.

Our performance under any contract is deemed to be suspended for the period that any event beyond our control continues, and we will have an extension of time for said performance for the duration of that period. All reasonable means will be provided by us to finalize the events of force majeure or to find a solution which allows us to meet our obligations despite the events of force majeure. 

If we fail, at any time during the term of the contract, to insist upon strict performance of any of your obligations under the contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies nor shall it relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the contract or the Conditions. No waiver by us of any of these Conditions or of the rights or remedies derived from a contract will take effect, unless it is expressly stated to be a waiver and is communicated to you in writing as set out in the paragraph on notifications above.

If any of these Conditions or any provisions of the contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law without being affected by said declaration of invalidity. 

These Conditions and any document expressly referred to herein represent the entire agreement between you and us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Both you and us acknowledge that, in entering into a contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Terms.

Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Conditions.

We reserve the right to amend these Terms and Conditions. We will inform you of consequent changes. Changes are not of a retroactive nature and, except for potential exceptions in some concrete cases, they will apply 30 days after their publication in the corresponding message. If you do not agree with the changes, we recommend to not use our website. 

Natural persons under the age of 18 years, and generally any other person that does not have full legal capacity, must request and obtain the express authorization of the person with parental authority, guardianship or curatorship, among others the parents, guardians or legal representatives in order to enter into this contract with Naranjas del Carmen. 

Should the aforementioned persons not obtain authorization, it will be presumed, in accordance with Spain’s jurisprudence and customary law and taking into account the low value of food products, that the under-age person has enough legal capacity to enter into this contract of agricultural product purchase, being the relationship governed by these clauses. 

In the case of contract without authorization from the legal representatives, we will presume the capacity of the incapable or minor sufficient for the purchase of products of Naranjas del Carmen in accordance with the customs and the jurisprudence for that purpose, as well as the type of purchased product - edible foods, that are characterized by their low value -, governed by said contract through these clauses.

In the case of a request to cancel the contract, and not being possible for any of the parties to withdraw from the contract without costs, as well as if any civil damage or responsibility arising from the execution of this contract, the burden of proof of the lack of capacity will be placed on those who legally represent the contractors or those persons, who base their  claims under the premise of an alleged lack of capacity. 

The use of our website and the contracts for the purchase of items through said website will be governed by Spanish law. Any dispute arising from, or related to the use of this website or to such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals in Madrid. If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.

We welcome your comments and feedback. Please send us all feedback and comments, as well as any claims and complaints through any of our means of contact or by the postal address or the email indicated in clause 2 of the present Conditions. Moreover, we have official claim forms available to consumers and users. You can request them by calling +34 967 80 70 09 or through any of our contact means. Your complaints and claims to our customer service will be dealt with as quickly as possible, and always within the maximum term provided by the law for this purpose. If you as a consumer consider your rights have been infringed, you can send your complaints through an email to friends@naranjasdelcarmen.com with the aim of requesting an out-of-court settlement of the dispute. Accordingly, if you purchased from us online through our website, as per the regulation Nº 524/2013 of the EU, we inform you that you are entitled to settle the consumer dispute with us out-of-court, through the EU platform for online dispute resolution which is available at http://ec.europa.eu/consumers/odr/.