GENERAL TERMS AND CONDITIONS OF USE AND SALE

These General Terms and Conditions of Use and Sale are the terms and conditions applicable to the use of www.shoppinginibiza.com (hereinafter the “Website”), and the contracting of Products or Services (hereinafter “Products”) via the Website, and they substitute any other terms and conditions, unless previously agreed and recorded in writing between Shopping in Ibiza and the User. Consequently, the User who accesses the Website (hereinafter the “Client”) and/or contracts Products via the Website agrees to submit to and remain linked by the Terms and Conditions of Use and Sale as they appear when the User accesses the Website.

Shopping in Ibiza provides information about Products and Services, and it offers the possibility of their acquisition and contracting via the Website.

The photographs, graphic or iconographic representations, and videos related to the Products, in addition to commercial names, brands or distinctive signs of any kind contained on the Website aim to provide the Client with as much information as possible.

The descriptions of the Products offered on the Website are created based on the information and documentation provided by the suppliers and collaborators of Shopping in Ibiza.

Any Client who hopes to acquire or contract Products via the Website must be over 18 years old and have sufficient legal capacity to sign contracts.

Shopping in Ibiza operates, via the Website, on the Spanish Peninsula and the Balearic Islands and in Europe in:

Austria, Belgium, Czech Republic, Denmark, France, Germany, Hungary, Italy, Luxembourg, Netherlands, Poland, Portugal and the United Kingdom (hereinafter, the “Territory”).

It undertakes deliveries and distributes Products exclusively in the Territory.

By accepting these Terms and Conditions of Use and Sale, the Client accepts that their details will form a part of the file “clients and/or suppliers” of Shopping in Ibiza S.L., and the handling of these files will be undertaken in compliance with the points established in the Privacy Policy.

PURCHASES AND PAYMENT METHODS

Making a purchase is very simple.

All you need to do is select the Product, add it to your shopping basket, and follow the steps indicated on the Website.

The prices of the Products offered on the Website include VAT and any other applicable taxes. They do not include preparation and shipping costs. Product shipping costs, which are detailed during the payment process, must be accepted when confirming the order.

Product shipping costs to the Spanish Peninsula and the Balearic Islands (Spain) and Europe, depending on the weight or volume of the package (whichever is greater will be applied, considering the equivalence between volume and weight is calculated according to the formula: m3 x 167 kg/m3 = kg), are as follows:

                        SPAIN                EUROPE

0-2 kg:             € 3.95                  € 7.95

2-5 kg:             € 5.95                  € 12.90

5-10 kg:           € 8.95                   € 15.90

10-20 kg:         € 14.95                 € 19.90

For Products that are on sale at a discounted price, the original price of the Product will appear crossed out next to the final price.

Upon receiving the order, Shopping in Ibiza will send you an acknowledgement of receipt within 24 hours to the email address provided. Within 48 hours you will receive another email confirming the formalisation of the purchase made.

The Product order, and therefore the contract, will be considered formalised and perfected the moment the order is confirmed by Shopping in Ibiza, as long as payment for the total price of the order has been made. Up until then, the Product will continue to be the property of Shopping in Ibiza.

If, once the order has been finalised, you notice it contains an error, immediately contact us at info@shoppinginibiza.com in order to try to resolve said error before the order is prepared and sent, therefore avoiding charges for cancellation or return.

Shopping in Ibiza reserves the right to modify the characteristics and prices of Products at any time. Products will be invoiced at the price applicable when the order is registered.

In the event that, due to circumstances of force majeure or an incident attributable to Shopping in Ibiza, the Product is not available after the order has been made, you will be informed by email and you will be offered a similar Product or we will proceed to the full or partial cancellation of the order. In the event of full cancellation, you will be returned the full amount of the order, and in the event of partial cancellation, you will be returned only the amount equivalent to the price of the Product/Products that is/are not available. If a Product is not delivered in orders comprised of Product sets or complementary Products, the Client will be able to return the other Products delivered at no extra cost.

The sale of a Product (for example: underwear, food products, tickets to events, etc.) may be subject to particular terms and conditions of sale, in addition to these General Terms and Conditions of Use and Sale.

The Client must notify Shopping in Ibiza as soon as possible, by calling (+34) 902 404 085 or (+34) 971 327 853 or by emailing info@shoppinginibiza.com, about any undue charge or use of the card used to make purchases on the Website in order to undertake the necessary management tasks.

You may pay using:

- Credit or debit card: Visa, MasterCard, 4B, Euro 6000 and Spanish Maestro.
- PayPal.
- Iupay.
- Bank transfer.

DELIVERY OF ORDERS

You can receive your order at the address you indicate, or collect it in la Sirena and Art shopping centres: you may choose which when you place your order.

Your order will be sent to you via courier service within 5 working days for deliveries to Spain and Portugal and within 8 working days for the rest of Europe, excluding Saturdays, Sundays and public holidays in the places where the order is sent from or received. Shopping in Ibiza will not be responsible for any delays due to reasons beyond the control of the company or due to force majeure.

Shopping in Ibiza will send the Client an email informing them that the order has been dispatched from its warehouses and the contact details for the transportation company undertaking the delivery.

Shopping in Ibiza must deliver the Product in perfect condition to the address indicated by the Client, which must be within the Territory. In order to optimise the delivery process, delivery at the indicated address must be undertaken within normal working hours.

The Client will receive another email when the Product has been delivered to the indicated address or when it is ready to be collected at the chosen location.

The courier will try to deliver the Product at the address provided by the client when formalizing the order twice. If, when delivery is attempted, the Client is absent, the courier will leave a note so the Client can collect the Product at their office. If 10 calendar days pass from the date notice is given and the Client has not collected the order, the Product will be returned to the warehouses of Shopping in Ibiza and the Client will be responsible for the shipping and return costs in addition to possible associated handling fees.

When the order is delivered, the Client must show their identification documentation to the courier, sign the delivery note and request a copy of this from the courier. You must check the package is not damaged or showing signs of previously being opened. Any anomaly will be recorded in the delivery note. If the package presents damage, you will have to communicate it to us within a period of 5 calendar days.

The return of the shipment will not be accepted if the incidence is notified after the deadline.

For collection of deliveries at the Sirena or Art shopping centres, the Product will be available for collection by the Client for 10 calendar days from the date indicated in the notice email. Once this period has passed, the order will be returned to Shopping in Ibiza’s warehouses and the Client will be responsible for the preparation, shipping and return costs in addition to any associated handling fees.

Delivery will be considered complete from the moment the Product has been made available to the Client at the delivery address indicated, or in the Sirena or Art shopping centres.

 

RETURNING ORDERS

At Shopping in Ibiza, you have a return period of 14 calendar days from the moment the Product is received, without the need for justification. In purchases made during the month of December, we extended this term to 30 days.

From the moment you inform Shopping in Ibiza of your decision to return the order, you must return the Product, without undue delay, within a maximum time period of 14 calendar days.

Returns are FREE in our shopping centres

Products acquired on the Website may be returned free in our la Sirena and Art shopping centres, which are prepared for the delivery and return of Products purchased on the Website. You can consult the list of centres capable of this service in the section “Collection and Return Points” on our Website. Products must be accompanied by their proof of purchase, which should be sent along with the order so the return can be processed.

Returns via Shopping in Ibiza

Returns on www.shoppinginibiza.com can be completed:

- By entering ‘My Account’, then the section ‘My purchases’. Here, you will be able to generate a total or partial return request for your order. You will then be informed, via email, that we have received said return request.

- By downloading the return form you can find here, and by sending it to us via either of the following methods:

By post:
Shopping in Ibiza S.L. C/ Del Vidrier, local 48.
Polígono Ind. Ca Na Palava. 07819 Jesús (Santa Eulalia). Spain.

By email: info@shoppinginibiza.com

If there is no problem with the Product but you decide to return it for any reason, Shopping in Ibiza will refund you the price of the Product plus ordinary shipping costs. If a remote delivery service is required, return costs will be the responsibility of the sender and they will be as follows:

                       SPAIN                  EUROPE

0-2 kg:             € 3.95                   € 12.90

2-5 kg:             € 5.95                   € 14.90

5-10 kg:           € 8.95                   € 16.90

10-20 kg:         € 14.95                  € 19.90

 

The Product must be unused, although you may try it to check the size, and it must be in perfect condition. Accessories, documentation and tags must be intact and included.

If the Product is not returned in its original packaging, and if creams, cosmetics and perfumes have been unsealed, the Product will be subject to a depreciation in price.

Underwear and food products may not be returned for health and safety reasons. Concert and event tickets may not be returned either, with this type of Product being subject to the specific terms and conditions of return for each event.

If the Product presents defects or it does not function correctly, you may request an exchange, discount on price, repair, or the termination of the contract. In these scenarios, handling and return costs will not be charged. Shopping in Ibiza will take responsibility for a lack of conformity that becomes evident within a period of 2 years from delivery, as long as you inform us of the lack of conformity within 2 months from the moment you have knowledge of it.

Products will be understood to be in conformity with the contract as long as all the requirements expressed below are met:

a) They meet the description provided by Shopping in Ibiza and they possess the qualities of the product presented to the Client.

b) They are appropriate for the uses ordinarily assigned to the same kind of product(s).

c) They present the usual quality and services of a product of the same kind, as hoped for by the Client, considering the nature of the product.

The time frame of 2 years will be applicable to products deemed to be long-lasting. For products such as textiles, footwear, accessories, etc., it is obvious their wear and tear or breaking during said period due to normal use will not be considered a lack of conformity.

Refunding of the amount

Subject to receiving and checking the condition of the Product, the amount will be refunded in the same manner as the payment method used to make the purchase within a maximum of 14 calendar days from the date the Product is received.

No charge will be applied as a consequence of the refund.

 

INTELLECTUAL PROPERTY

All intellectual property rights over the content of this Website, its images, texts, logos, graphic design and source codes, are owned exclusively by Shopping in Ibiza, with the exclusive exercising of the rights of use of these corresponding to Shopping in Ibiza.

Therefore, their reproduction, distribution, public communication and transformation, whether total or partial, even via a hyperlink, without the express authorisation of Shopping in Ibiza remains prohibited. Likewise, all commercial names, brands or distinctive signs of any kind of contents on this Website are protected by law.

Shoppinginibiza.com” and its logo is a brand registered in the Spanish Patents and Trademarks Office with no. M 3570907 and protected via European Union trademark application no. 015331788, meaning any use of this or any similar sign of identification that may lead to confusion over its origin or ownership by third parties without written authorisation from Shopping in Ibiza S.L. remains expressly prohibited.

The websites “www.shoppinginibiza.com” and “www.shoppinginibiza.es” are registered domains of Shopping in Ibiza S.L. These domains may not be used, without express authorisation in writing, in a manner that may cause damage or confusion among our clients.

Shopping in Ibiza states that it does not grant express or implicit permission or authority over the intellectual and/or industrial rights or over any other right or ownership directly or indirectly related to the contents included on the Website.

APPLICABLE LEGISLATION AND JURISDICTION

These Terms and Conditions are governed by Spanish law.

The parties agree to submit, at their discretion, to the Courts of the Client’s address for the resolution of conflicts, expressly waiving their own jurisdiction.

At Shopping in Ibiza, as an organisation that adheres to CONFIANZA ONLINE and in the terms of its Code of Ethics, in the event of disputes related to online purchasing, online advertising, data protection and the protection of minors, the Client will be able to turn to the extrajudicial dispute resolution system of CONFIANZA ONLINE (www.confianzaonline.es)