General Terms and Conditions
This contractual document will govern the General Conditions for contracting products or services (hereinafter, «Conditions») through the website descubreibiza.com, owned by FOMENTO DEL TURISMO DE LA ISLA DE IBIZA, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions can be modified at any time. It is the responsibility of the USER to read them periodically, since those in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
- Has read and understood the above.
- Is a person with sufficient capacity to enter into contract.
- Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.
The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
On one part, the PROVIDER of the products or services contracted by the USER, FOMENTO DEL TURISMO DE LA ISLA DE IBIZA, whose registered address is at Calle Historiador José Clapés, Nº4, 1º-1ª, - 07800 Ibiza (Illes Balears), TIN G07102569 and telephone number for customer/USER service 971 30 24 90
And on the other part, the USER, registered on the website by means of a user name and password, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of a specific product or service, in exchange for a certain price which is publicly displayed on the website.
The USER selects a user name and password, committing to use them diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:
- General contracting clauses.
- Activation of services.
- Right of withdrawal.
- Force majeure.
- General information of the offer.
- Price and period of validity of the offer.
- Shipping costs.
- Payment method, expenses and discounts.
- Purchase process.
- Applicable warranties.
- Guarantees and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ACTIVATION OF SERVICES
The PROVIDER will not ship any order or activate any service until it has been verified that payment has been made.
As the order does not involve the physical delivery of any product, but rather a service downloaded or activated directly from the website, the PROVIDER will inform the USER in advance on the steps to take to perform this download or activation.
Failure to carry out the remote contract
Delivery dates or times are approximate and delays do not constitute a fundamental breach. In the event that the PROVIDER has not delivered the service within 30 days of the agreed delivery date, due to the unavailability of the product or service, the USER must be informed and will be entitled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount due, without prejudice to their right to be compensated for damages suffered beyond that amount.
In the case of the provision of a service, it will be available from the moment the user has paid for it and will be downloadable or activated according to the conditions of the PROVIDER.
The PROVIDER will not accept any liability if the download or the activation of the service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.
The service will be considered as provided when the USER has downloaded or activated it.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and period to return and/or report possible flaws or defects in the online products or services as they do for offline products or services.
The USER has a period of fourteen calendar days from the date of download or activation of the service to return it (Article 71 of Spanish Law 3/2014 of 27 March).
The right of withdrawal shall not apply in the following cases:
1. In the provision of services, once the service has been completely executed, when the execution has begun, with the previous express consent of the PROVIDER and USER and with their acknowledgement that they are aware that, once the contract has been completely executed by the PROVIDER, they will have lost their right of withdrawal.
2. In the downloading or activation of the service whose price depends on fluctuations in the financial market which the PROVIDER cannot control and which may occur during the withdrawal period.
3. In the provision of services made according to the specifications of the USER or clearly personalised.
4. In the provision of housing services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of execution.
Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:
Postal address: FOMENTO DEL TURISMO DE LA ISLA DE IBIZA, Calle Historiador José Clapés, Nº4, 1º-1ª, - 07800 Ibiza (Illes Balears)
Telephone: 971 30 24 90
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of FOMENTO DEL TURISMO DE LA ISLA DE IBIZA or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as this does not affect the value of the products offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, insurance or any other additional services and attachments to the product or service purchased.
The prices applicable to each service are those published on the website and shall be shown in Euros. The USER accepts that the economic valuation of some of the products may vary in real time.
Before making a purchase, all the details of the quote can be checked on-line: items, quantity, price, availability, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.
Once the order has been placed, prices will be maintained regardless of whether the service is available.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent with the purchased product, as well as in PDF format to the email address provided by the USER.
9. TRANSPORTATION COSTS
There are no transportation costs.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER accepts the following payment methods for orders:
- Bank transfer: apply a discount of ........... % for prompt payment.
- Cash on delivery: apply a charge of ........... % (minimum 3 €) as a collection fee. Payment will not be accepted if it exceeds........... €.
- Credit card: no discounts or fees applied. Payment by credit card will not be accepted if it exceeds...........€
The website uses generally accepted information security techniques within the industry, such as firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited by the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.
11. PURCHASE PROCESS
Basket (budget simulation)
Any service from our catalogue can be added to the basket. In the basket you can only view the products, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.
Follow the steps below to correctly place an order from the basket:
- 1. - Confirm billing details.
- 2. - Check the method of service provision (download, activation...).
- 3. - Select payment method.
- 4. - Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate date of download and/or activation.
12. APPLICABLE WARRANTIES
All services offered on the website are completely original, unless otherwise stated in their description. They all have a twoyear warranty period in accordance with the criteria and conditions described in the Spanish Royal Legislative Decree 1/2007 of 16 November, approving the revision of the General Law for the defence of consumers and users and other complementary laws.
13. GUARANTEES AND REFUNDS
The guarantee of the products offered responds to the following articles based on the Spanish Law 23/2003 of 10 July on the guarantees of the sale of consumer goods:
I) Compliance of the services with the contract
1. Unless there is proof to the contrary, products shall be deemed to conform with the contract provided that they fulfil all the requirements set out below, unless the circumstances of the case deem any of them inapplicable:
a) They match the description given by FOMENTO DEL TURISMO DE LA ISLA DE IBIZA.
b) They are fit for the purposes for which similar services are ordinarily intended.
c) They are fit for any special use required by the customer when they have informed FOMENTO DEL TURISMO DE LA ISLA DE IBIZA when the contract is executed, provided that they have accepted that the service is fit for such use.
d) They demonstrate the usual quality and performance of similar services which the customer can reasonably expect, particularly with regard to the nature of the product and, where appropriate, the descriptions of the services’ specific features made by FOMENTO DEL TURISMO DE LA ISLA DE IBIZA.
e) FOMENTO DEL TURISMO DE LA ISLA DE IBIZA describes the details, features and photographs of the services provided by the producer, so that it is not bound by these public statements.
2. Non-conformity resulting from unsuitable service provision shall be deemed as such if the service is included in the contract and when the service was carried out by FOMENTO DEL TURISMO DE LA ISLA DE IBIZA or under its responsibility, or by the USER if the unsuitable service is the result of them not following instructions properly.
3. No liability shall be accepted for any non-conformity of which the USER is aware or has been unable to ignore when entering into the contract, or which is caused by services provided by the USER.
II) Liability of the PROVIDER and rights of the USER
FOMENTO DEL TURISMO DE LA ISLA DE IBIZA shall be liable to the USER for any non-conformity that exists when the service is delivered. FOMENTO DEL TURISMO DE LA ISLA DE IBIZA grants the USER the right to repair the service, to replace it, to reduce the price and to terminate the contract.
In accordance with Article 6 of the Civil Code, any prior waiver of the rights of the USER or acts carried out in fraud will be null and void.
The guarantee of the services offered responds to the following articles based on the Spanish Law 23/2003 of 10 July on the guarantees of the sale of consumer goods:
III) Repair and replacement of services
1. If the service is not in compliance with the contract, the USER may choose to demand its repair or replacement, unless one of these options is impossible or disproportionate. As soon as the USER notifies FOMENTO DEL TURISMO DE LA ISLA DE IBIZA of the chosen option, both parties must abide by it. The USER’s decision is without prejudice to the provisions of Article IV below, in the event that the repair or replacement fails to bring the service into compliance with the contract.
2. Any form of remedy which imposes on FOMENTO DEL TURISMO DE LA ISLA DE IBIZA costs which are unreasonable in comparison with the other form of remedy shall be considered disproportionate, taking into account the value that the service would have if there were no lack of conformity, the relevance of the non-conformity and whether the alternative remedy could be carried out without major inconvenience to the USER.
IV) Rules of repair or replacement of the service
Repair and replacement will comply with the following rules:
a) They will be free of charge for the USER.
b) They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the services and their purpose for the USER.
c) Repairs suspend the time periods referred to in Article VII. The period of suspension shall begin as soon as the USER notifies FOMENTO DEL TURISMO DE LA ISLA DE IBIZA and shall end with the handing of the repaired service to the USER. Within six months of delivery of the repaired service, FOMENTO DEL TURISMO DE LA ISLA DE IBIZA shall be liable for the non-conformity which required the initial repair. If defects of the same origin recur in the service, it is presumed that it is due to the same lack of compliance as initially demonstrated.
d) Replacement suspends the time periods referred to in Article VII from exercising the option until the delivery of the new service. For any service, the second paragraph of Article VII shall apply to the substitute product.
e) If the service has been repaired and delivered but still does not conform with the contract, the USER may demand the replacement of the product, within the limits established in Article IV(2), or the reduction of the price or the termination of the contract in the terms of Article V.
f) If the replacement fails to make the product comply with the contract, the USER may demand the repair of the product within the limits set out in Article IV(2), or the reduction of the price or the termination of the contract in the terms of Articles V and VI.
V) Price reduction and contract termination
The reduction of the price and the termination of the contract shall be carried out at the USER’s discretion when they are unable to demand the service’s repair or replacement and in cases where the repair or replacement has not been carried out within a reasonable period of time or without major inconvenience for the USER. The decision shall not apply when the non-conformity is of minor importance.
VI) Price reduction criteria
The price reduction will be proportional to the difference between the value the service would have had at the time of delivery had it been in compliance with the contract and the value of the service actually delivered at the time of delivery.
VII) Time periods
1. FOMENTO DEL TURISMO DE LA ISLA DE IBIZA shall be liable for any non-conformity which becomes apparent within two years of delivery.
Unless proved otherwise, any non-conformity which becomes apparent within six months of delivery shall be presumed to have already existed when the service was delivered, except when this presumption is incompatible with the nature of the service or the type of non-conformity.
2. Unless proven otherwise, delivery shall be considered to have occurred on the day indicated on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. Demanding compliance with the provisions of the preceding articles expires three years after delivery of the service.
4. The USER must inform FOMENTO DEL TURISMO DE LA ISLA DE IBIZA of the non-conformity within two months of becoming aware of it.
Unless proven otherwise, it shall be understood that the USER has communicated the non-conformity within the established period.
VIII) Action against the manufacturer
If it is impossible or too inconvenient for the USER to contact FOMENTO DEL TURISMO DE LA ISLA DE IBIZA regarding the non-conformity of the provided services which are covered by contract, hey may claim directly from the manufacturer in order to obtain the replacement or reparation of the service.
In general, and without prejudice to the limits of the manufacturer’s liability, under the same terms and conditions as those laid down for FOMENTO DEL TURISMO DE LA ISLA DE IBIZA, the manufacturer shall be liable for the non-conformity when it relates to the origin, identity or suitability of the services, in accordance with their nature and purpose and with the rules governing them.
Producer means the person in charge of a service or importing it into European Union territory, or any person who presents themselves as such by indicating their name, trademark or any other distinctive sign in association to the service.
Whoever responds to the USER will continue to be responsible for the non-conformity for a period of one year. This period is calculated from the time when the problem is remedied.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER’S place of residence.
In the event that the USER lives outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to Ibiza (Spain).