Terms of Service

Website: plantasdelmar.es

Last updated: June 2025

Welcome to Plantas Del Mar. These Terms of Service govern your use of our website located at plantasdelmar.es and any purchases made through it. By accessing our website or placing an order, you agree to be bound by these terms in full. If you do not agree with any part of these terms, please do not use our website or services.

Plantas Del Mar is a specialist Mediterranean tree and plant nursery based in Spain. We supply live plants, trees, shrubs, and related horticultural products to customers across Spain and selected European Union member states. Our business operates in compliance with applicable Spanish law and EU consumer protection legislation, including Directive 2011/83/EU on consumer rights and Regulation (EU) 2016/679 (GDPR).

1. Company Information

Plantas Del Mar is a registered business operating under Spanish commercial law. Our registered address and official contact details are available on request and are provided during the checkout process. For any queries regarding these Terms of Service, please contact us at:

Website: plantasdelmar.es
Email: info@plantasdelmar.es
Country of operation: Spain (Kingdom of Spain)

2. Eligibility and Account Registration

Our website and services are available to individuals who are at least 18 years of age and who have the legal capacity to enter into a binding contract. By placing an order, you confirm that you meet these criteria.

Where account registration is required, you are responsible for maintaining the confidentiality of your login credentials. You agree to provide accurate, current, and complete information during registration and to update that information as necessary. Plantas Del Mar reserves the right to suspend or terminate accounts where inaccurate or fraudulent information has been provided.

3. Ordering Live Plants

All orders placed through plantasdelmar.es are subject to acceptance by Plantas Del Mar. A confirmation email acknowledging receipt of your order does not constitute acceptance. A binding contract is only formed once we have confirmed that your order has been dispatched or, in the case of large tree orders, once written confirmation of order acceptance has been issued.

Please be aware of the following when ordering live plants:

All plants are living organisms and their appearance, size, and condition may vary naturally from images displayed on the website. Photographs are provided for illustrative purposes only.
Plant availability is subject to seasonal variation and current growing stock. We reserve the right to substitute a plant of equivalent species, size, and value where the original item is unavailable. You will be informed of any substitution prior to dispatch.
It is your responsibility to ensure that the plants you order are suitable for your climate, soil type, and intended planting conditions. Plantas Del Mar provides general horticultural guidance on product pages, but this does not constitute professional landscaping or agricultural advice.
Certain plant species may be subject to phytosanitary regulations or import restrictions depending on your destination country. You are responsible for verifying that the importation of specific plant species is permitted in your location. Plantas Del Mar cannot be held liable for orders detained, refused, or destroyed by border or customs authorities.
Orders containing large quantities or specimen trees may require a deposit at the time of ordering. Full payment terms will be communicated prior to confirmation of such orders.

4. Pricing and Payment

All prices displayed on plantasdelmar.es are quoted in Euros (EUR) and include Value Added Tax (VAT) at the applicable Spanish rate unless otherwise stated. Delivery charges are additional and will be clearly displayed before you complete your purchase.

We accept the following methods of payment:

Major credit and debit cards (Visa, Mastercard)
Bank transfer (for large tree orders and trade accounts)
PayPal and other approved digital payment platforms as displayed at checkout

Payment must be received in full before any order is dispatched unless a specific credit agreement has been arranged in writing. Plantas Del Mar reserves the right to amend prices at any time. Price changes will not affect orders that have already been accepted and confirmed.

5. Shipping and Delivery Conditions

Plantas Del Mar takes great care in the packaging and transportation of all live plant material. Due to the nature of living specimens, delivery conditions are subject to specific terms as outlined below.

5.1 Standard Plant Deliveries

Smaller plants, shrubs, and potted specimens are typically dispatched via specialist horticultural courier services. Estimated delivery times are provided at the point of sale and represent our best estimation rather than a guarantee. Transit times vary depending on destination and seasonal demand.

Deliveries within mainland Spain typically take between 2 and 5 working days from dispatch.
Deliveries to other EU member states may take between 5 and 15 working days depending on the destination country and applicable phytosanitary procedures.
We do not ship to all EU countries. Eligible delivery destinations are listed during the checkout process.
We are currently unable to ship to locations outside the European Union.

5.2 Large Tree and Specimen Plant Deliveries

The delivery of large trees, mature olive trees, palms, and other specimen plants requires specialised logistics and is subject to the following additional conditions:

Large tree orders are delivered using specialist heavy transport vehicles. A delivery date will be agreed in advance. You must ensure that suitable access is available at the delivery address for large vehicles, cranes, or lifting equipment where required.
It is your responsibility to inform us of any access restrictions, gradient issues, overhead obstacles, or other site conditions that may affect delivery. Plantas Del Mar will not be liable for additional costs or failed deliveries arising from inadequate access information provided by the customer.
Unloading and placement of large trees at the delivery site is the responsibility of the customer unless a separate planting or installation service has been agreed in writing.
Delivery of large trees is typically available within mainland Spain only. Delivery of specimen trees to other EU countries may be arranged on a case-by-case basis and will be subject to a bespoke quotation and phytosanitary certification requirements.
A lead time of between 2 and 8 weeks should be expected for large tree orders depending on species, size, and current growing stock.
Risk of damage passes to the customer upon delivery and signature of receipt. We strongly recommend inspecting all large tree deliveries thoroughly at the point of delivery and noting any visible damage on the delivery documentation before the driver departs.

5.3 Delivery Failures and Delays

Plantas Del Mar will make every reasonable effort to deliver orders within the estimated timeframe. However, we cannot be held responsible for delays caused by circumstances beyond our reasonable control, including but not limited to adverse weather conditions, carrier disruptions, phytosanitary inspections, or force majeure events.

If your order has not arrived within a reasonable period beyond the estimated delivery date, please contact us at info@plantasdelmar.es so that we can investigate and resolve the matter promptly.

6. Plant Health, Warranty, and Returns

Plantas Del Mar takes pride in supplying healthy, well-grown plant material. All plants are inspected prior to dispatch and are certified as healthy and free from notifiable pests and diseases where required by law.

6.1 Statutory Rights

As a consumer purchasing from a business within the European Union, you benefit from statutory rights under EU and Spanish consumer law. These rights include the right to a conforming product and remedies where goods do not conform to the contract of sale.

6.2 Plant Warranty

We offer the following warranty on live plant material, subject to the conditions outlined below:

If a plant arrives in poor condition, dead, or clearly damaged as a direct result of transit, you must notify us within 48 hours of delivery by email to info@plantasdelmar.es, including photographs clearly showing the condition of the plant and its packaging.
Subject to verification, we will offer a replacement plant, a credit note, or a full refund at our discretion.
We do not offer a warranty against plant death or deterioration that occurs after delivery due to factors within the customer's control, including but not limited to incorrect planting, inadequate watering, inappropriate soil conditions, frost damage, pest infestation, or failure to follow care instructions.
Live plants are perishable goods. Our warranty does not extend to plants that have not been planted or cared for appropriately following delivery.

6.3 Right of Withdrawal

Under EU Directive 2011/83/EU, consumers generally have the right to withdraw from a distance contract within 14 calendar days without giving a reason. However, the right of withdrawal does not apply to the supply of goods that are liable to deteriorate or expire rapidly. As live plants are perishable by nature, the right of withdrawal may be limited or excluded in accordance with Article 16(d) of the Directive.

Where the right of withdrawal does apply (for example, to non-perishable accessories, tools, or gift vouchers sold through our website), you may exercise this right by notifying us in writing within 14 days of receipt of the goods. Returned items must be in their original condition. Return shipping costs are borne by the customer unless the item was faulty or incorrectly supplied.

6.4 Faulty or Incorrectly Supplied Items

If you receive an item that is faulty, not as described, or different from what you ordered, please contact us within 48 hours of delivery. We will arrange collection or return at no cost to you and will provide a full replacement or refund as appropriate.

7. Use of the Website

By accessing plantasdelmar.es, you agree to use the website only for lawful purposes and in a manner that does not infringe the rights of any third party or restrict or inhibit the use and enjoyment of the website by others.

You agree not to:

Use the website in any way that violates any applicable local, national, or international law or regulation.
Transmit any unsolicited or unauthorised advertising or promotional material.
Attempt to gain unauthorised access to any part of the website, its servers, or any databases connected to it.
Introduce viruses, trojans, worms, or other malicious or technologically harmful material.
Scrape, crawl, or systematically extract data from the website without prior written consent from Plantas Del Mar.
Reproduce, duplicate, copy, or resell any part of the website in breach of these Terms of Service.

Plantas Del Mar reserves the right to suspend or terminate access to the website for any user who breaches these terms.

8. Intellectual Property

All content on plantasdelmar.es, including but not limited to text, images, photographs, graphics, logos, and plant descriptions, is the property of Plantas Del Mar or its content licensors and is protected by applicable intellectual property law. You may not reproduce, distribute, or otherwise use any content from this website without our prior written permission, except for personal, non-commercial use.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Plantas Del Mar shall not be liable for:

Any indirect, incidental, or consequential loss arising from the use of our website or the purchase of our products.
Loss of profit, revenue, anticipated savings, business, or goodwill arising from or in connection with these terms.
The death or deterioration of plants caused by factors outside our control after delivery, including improper planting, care, or environmental conditions.
Any loss or damage arising from the use of third-party websites linked from plantasdelmar.es.

Nothing in these Terms of Service shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited under EU or Spanish law.

10. Privacy and Data Protection

Plantas Del Mar is committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) and applicable Spanish data protection law. Our Privacy Policy, available on plantasdelmar.es, explains how we collect, use, store, and protect your personal information. By using our website, you acknowledge that you have read and understood our Privacy Policy.

11. Dispute Resolution and Governing Law

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 plantasdelmar.es shall be subject to the exclusive jurisdiction of the courts of Spain, without prejudice to your rights as a consumer under the laws 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 the right to use the European Commission's Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr.

12. Amendments to These Terms

Plantas Del Mar reserves the right to amend these Terms of Service at any time. Updated terms will be posted on this page with a revised effective date. Continued use of our website following any changes constitutes your acceptance of the updated terms. We recommend that you review this page periodically to remain informed of any updates.

13. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining terms and shall not affect the validity or enforceability of the remaining provisions.

14. Contact Us

If you have any questions, concerns, or complaints regarding these Terms of Service or any aspect of your experience with Plantas Del Mar, please do not hesitate to contact us:

Website: plantasdelmar.es
Email: info@plantasdelmar.es

We aim to respond to all enquiries within 2 working days.