Terms of Service

Welcome to Viveros La Morera, a Mediterranean tree nursery based in Spain and operating under the domain viveroslamorera.es. By accessing this website or placing an order with us, you agree to be bound by the following Terms of Service. Please read them carefully before using our services. These terms comply with applicable Spanish legislation and European Union consumer protection regulations, including Directive 2011/83/EU on consumer rights and Regulation (EU) 2016/679 (GDPR).

1. Company Information

Viveros La Morera is a professional tree nursery specialising in Mediterranean species, ornamental trees, shrubs, and horticultural plants. Our registered operations are conducted in Spain. For any enquiries regarding these terms or our services, you may contact us directly through the contact details provided on our website at viveroslamorera.es.

2. Scope of These Terms

These Terms of Service govern:

• The use of the viveroslamorera.es website and all its content.
• The purchase of live plants, trees, seedlings, seeds, substrates, and related products through our website or by direct agreement.
• Delivery and shipping conditions applicable to all orders.
• Warranty, returns, and complaints procedures for purchased products.
• The responsibilities of both Viveros La Morera and the customer in any commercial transaction.

These terms apply to all users, whether private consumers or professional buyers. Where distinctions exist between consumer and professional rights, they are clearly indicated.

3. Website Usage

The content published on viveroslamorera.es, including but not limited to photographs, plant descriptions, pricing information, technical guides, and branding elements, is the intellectual property of Viveros La Morera or its licensors. Unauthorised reproduction, distribution, or commercial use of any content is strictly prohibited without prior written consent.

You agree to use this website solely for lawful purposes and in a manner that does not infringe the rights of others. You must not attempt to interfere with the technical operation of the site, introduce malicious software, or use automated tools to extract data without authorisation.

We reserve the right to modify, suspend, or discontinue any part of the website at any time without prior notice. While we strive to keep all product information, availability, and pricing accurate and up to date, we do not guarantee that the website is free from errors or omissions at all times.

4. Product Information and Availability

All plants and trees offered through Viveros La Morera are grown in our nursery facilities or sourced from trusted partner growers within Spain and the EU. Product descriptions include species name, approximate dimensions, pot or root format, and care recommendations where applicable.

Please be aware of the following regarding live plant products:

• Plants are living organisms and may naturally vary in appearance, size, and vigour from the images shown on the website.
• Seasonal availability means that certain species may not be available for immediate dispatch at all times of the year.
• We reserve the right to substitute a plant of equivalent species, size, and quality if the exact specimen ordered becomes unavailable before dispatch, and we will notify you in such cases.
• All plants are subject to Spanish phytosanitary regulations and are dispatched only when they meet the required health standards.

5. Ordering Process

Orders may be placed through the viveroslamorera.es website, by telephone, or by direct correspondence. By submitting an order, you confirm that you are at least 18 years of age and are legally capable of entering into a binding contract.

The process for placing an order is as follows:

• Select the desired products and add them to your basket or enquiry form.
• Provide accurate delivery and billing information.
• Review your order summary, including pricing and estimated delivery conditions.
• Confirm your order and proceed to payment where applicable.

An order confirmation will be sent to the email address provided. This confirmation constitutes acknowledgement of receipt of your order but does not represent final acceptance. A binding contract is formed only when we send you a dispatch confirmation or, in the case of large or bespoke tree orders, when a written agreement or pro forma invoice has been mutually accepted.

For large specimen trees or landscaping orders, a bespoke quotation process may apply. In such cases, our sales team will contact you to discuss specifications, logistics, and pricing before any contract is concluded.

6. Pricing and Payment

All prices displayed on our website are quoted in Euros (EUR) and include applicable Value Added Tax (VAT) in accordance with Spanish tax law, unless otherwise stated for professional or intra-EU business transactions.

We accept the following payment methods:

• Bank transfer (for large orders and bespoke tree commissions).
• Credit and debit card payments via secure payment gateway.
• Other payment methods as indicated at checkout.

We reserve the right to adjust prices at any time. However, the price applicable to your order is the price confirmed at the time of order placement. If a pricing error is identified before dispatch, we will contact you to offer the option of proceeding at the correct price or cancelling your order with a full refund.

7. Shipping and Delivery Conditions

Viveros La Morera ships live plants and trees across Spain and to selected European Union destinations. Delivery availability and costs vary depending on the size, weight, and nature of the products ordered. Delivery charges are communicated at the time of purchase or quotation.

7.1 Standard Plant Orders

Small to medium-sized plants in pots or root bags are typically dispatched within 3 to 7 working days of order confirmation, subject to availability and seasonal conditions. Delivery is carried out by specialist plant couriers to minimise transit stress on live specimens.

• Estimated delivery times are indicative and not guaranteed. Delays may occur due to weather conditions, carrier circumstances, or phytosanitary inspections.
• Deliveries are made to the address provided at the time of order. We are not responsible for failed deliveries due to incorrect or incomplete address information.
• Upon receipt of your order, please inspect all plants immediately and report any damage or discrepancies within 48 hours of delivery.

7.2 Large and Specimen Tree Delivery

The transport of large specimen trees, semi-mature trees, and root-balled trees requires specialised logistics and is subject to separate delivery arrangements. The following conditions apply:

• Delivery of large trees is carried out using flatbed vehicles, crane lorries, or other specialist haulage as required by the size and weight of the specimen.
• The customer is responsible for ensuring that the delivery site is accessible to the required vehicle type and that adequate space and personnel are available to receive the tree safely.
• Any access restrictions, narrow roads, low bridges, or site conditions that may affect delivery must be communicated to us in advance. Additional costs arising from access difficulties not previously disclosed will be charged to the customer.
• Offloading and positioning of large trees at the delivery site is not included in standard delivery unless expressly agreed in writing as part of a landscaping or installation service.
• Specific delivery windows will be coordinated with the customer by our logistics team prior to dispatch.
• Risk and responsibility for the tree pass to the customer upon successful delivery and unloading at the agreed delivery point.

We strongly recommend that customers carrying out large or landscaping projects contact us directly to discuss logistics prior to confirming their order, so that we can advise on the most appropriate delivery method and any site preparation requirements.

7.3 International Deliveries within the EU

For deliveries to EU member states outside Spain, additional phytosanitary documentation may be required in accordance with EU plant health regulations. The customer is responsible for ensuring that the import of the specific plant species ordered is permitted in the destination country. We will advise on any known restrictions but cannot be held liable for shipments refused or detained by border health authorities.

International delivery costs, timescales, and any applicable phytosanitary certificate fees will be quoted separately.

8. Plant Health and Quality Guarantee

All plants dispatched by Viveros La Morera are inspected before shipment to ensure they are healthy, free from visible disease or pest infestation, and of a satisfactory quality for their described category. We take pride in the quality of our stock and in maintaining responsible nursery practices consistent with Mediterranean horticultural standards.

Our quality commitment covers:

• Species accuracy: plants are true to the species and variety described.
• Health at dispatch: plants are free from significant pest or disease issues at the time of shipment.
• Structural integrity: plants are securely packaged to minimise transit damage.

Please note that live plants are sensitive to environmental conditions. Their continued health after delivery depends on appropriate care, planting conditions, watering, soil, and climate. We are not responsible for plant decline or death resulting from incorrect care, unsuitable planting conditions, frost, drought, flooding, or any other environmental factors beyond our control.

9. Returns, Refunds, and Complaints

In accordance with EU Directive 2011/83/EU on consumer rights and applicable Spanish consumer legislation, private consumers benefit from the following rights:

9.1 Right of Withdrawal

Private consumers have the right to withdraw from a distance contract within 14 calendar days of receiving their order, without providing a reason, subject to the following conditions applicable to live plant products:

• The right of withdrawal does not apply to goods that are liable to deteriorate or expire rapidly. Live plants are perishable goods and, as such, the right of withdrawal may be limited or excluded in accordance with Article 16(d) of Directive 2011/83/EU once the plants have been dispatched and received.
• Where the right of withdrawal is applicable, the customer must notify us in writing before the 14-day period expires and return the plant in its original condition, unused and adequately packaged. Return shipping costs are the responsibility of the customer unless otherwise agreed.
• Refunds will be processed within 14 days of receiving the returned goods and confirming their condition.

9.2 Damaged or Incorrect Orders

If you receive plants that are damaged in transit, incorrect in species or variety, or in a condition significantly different from what was described, you must notify us within 48 hours of delivery by emailing us at the contact address provided on viveroslamorera.es, including photographic evidence where possible.

Upon review of your complaint, we will offer one of the following resolutions at our discretion or in agreement with the customer:

• Replacement of the affected plant or order at no additional cost.
• Partial or full refund, depending on the extent of the issue.
• Store credit for a future order.

Claims submitted after 48 hours of delivery may not be accepted, as it becomes difficult to distinguish transit damage from issues arising after delivery.

9.3 Plant Mortality After Delivery

We do not offer an extended survival guarantee for live plants after delivery, as their ongoing health is dependent on factors outside our control. However, if a plant fails within a short period of delivery despite being cared for in accordance with our provided guidelines, we encourage you to contact us. We will assess each case individually and may offer assistance, replacement, or partial compensation as a gesture of goodwill, though we are not legally obligated to do so beyond the statutory rights described above.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Viveros La Morera shall not be liable for:

• Indirect, incidental, or consequential losses arising from the purchase or use of our products, including loss of anticipated landscaping results, delays in garden or project completion, or any loss of income.
• Plant losses resulting from improper care, unsuitable site conditions, pests or diseases contracted after delivery, or extreme weather events.
• Temporary unavailability of the viveroslamorera.es website or errors in its content.
• Delays in delivery caused by third-party carriers, customs authorities, or circumstances beyond our reasonable control, including force majeure events.

Our total liability in connection with any order shall not exceed the total value paid by the customer for that order. Nothing in these terms limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

11. Data Protection and Privacy

Viveros La Morera processes your personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and applicable Spanish data protection law. Personal data collected through the website or during the ordering process is used solely for the purposes of processing your order, managing our customer relationship, and complying with legal obligations.

We do not sell or share your personal data with third parties for marketing purposes. Data is shared only with logistics partners and payment processors as necessary to fulfil your order.

You have the right to access, rectify, erase, restrict, or object to the processing of your personal data. For more detailed information on how we handle your data, please refer to our Privacy Policy available on viveroslamorera.es.

12. 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 relating to these terms or our products and services shall be subject to the jurisdiction of the Spanish courts, unless mandatory consumer protection laws in your country of residence require otherwise.

In accordance with EU Regulation 524/2013, consumers in the European Union may also use the Online Dispute Resolution (ODR) platform provided by the European Commission at ec.europa.eu/odr to seek resolution of disputes relating to online purchases.

Before initiating any formal legal proceedings, we encourage customers to contact us directly so that we may attempt to resolve any issues in a fair and timely manner.

13. Amendments to These Terms

Viveros La Morera reserves the right to update or amend these Terms of Service at any time. Changes will be published on viveroslamorera.es and will take effect from the date of publication. Your continued use of the website or placement of an order after changes have been published constitutes your acceptance of the revised terms. We recommend reviewing these terms periodically.

14. Severability

If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be deemed severed from the remaining terms, which shall continue in full force and effect.

15. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or any aspect of your experience with Viveros La Morera, please contact us through the contact details published on our website at viveroslamorera.es. We are committed to responding to all enquiries promptly and professionally.

Last updated: 2025.