GENERAL TERMS AND CONDITIONS OF CONTRACT
Introduction
This contractual document shall govern the General Terms and Conditions of contracting products (hereinafter, “Terms”) through the website ibizarepublic.com, owned by IR CONCEPT IBIZA SL under the trade name IBIZA REPUBLIC, hereinafter referred to as the PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Terms will remain published on the website and available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by IR CONCEPT IBIZA SL. It is the USER’s responsibility to read them periodically, as those in force at the time of placing orders will be applicable. IR CONCEPT IBIZA SL will file the electronic document in which the purchase is formalized and keep it available to the USER upon request.
Contracts shall not be subject to any formalities except those expressly stated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
Has read, understands and comprehends what is stated herein.
Is a person with sufficient legal capacity to enter into contracts.
Assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period and applicable to all purchases made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible for and aware of the current legislation of the countries to which it ships products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to such modification.
Identity of the contracting parties
On one hand, the PROVIDER of the products contracted by the USER is IR CONCEPT IBIZA SL, with registered office at Calle Bisbe Abad i Lasierra, Nº35 Entresuelo Oficina E, 07800 Ibiza (Illes Balears), Tax ID B44985158 and customer service phone number +33 609 92 13 69.
And on the other hand, the USER, registered on the website with a username and password, for which they have full responsibility for use and custody, and are responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.
The purchase and sale relationship entails the delivery, in exchange for a determined and publicly displayed price through the website, of a specific product.
Correction of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify it via email to hola@ibizarepublic.com so that IR CONCEPT IBIZA SL can correct them as soon as possible.
The USER may keep their data up to date by accessing their user account.
Contracting procedure
To access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and must register on the website by creating a user account. To do this, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with Regulation (EU) 2016/679, of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018, of 5 December (LOPDGDD), on the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a username and password, committing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible unauthorized access by a third party, so that the PROVIDER may proceed with immediate blocking.
Once the user account has been created, it is hereby informed that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
- General contracting clauses
- Shipping and delivery of orders
- Right of withdrawal
- Complaints and online dispute resolution
- Force majeure
- Jurisdiction
- Generalities of the offer
- Price and validity of the offer
- Shipping costs
- Payment method, costs and discounts
- Purchase process
- Dissociation and suspension or termination of the contract
- Warranties and returns
- Applicable law and jurisdiction
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER implies the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in writing and in advance by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has verified that payment has been made.
Shipments will usually be made via EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), depending on the destination freely designated by the USER.
Shipping will be carried out once the availability of the merchandise has been confirmed and payment for the order has been verified.
The delivery time will be between 2 and 6 working days, depending on the destination and the selected payment method. The expected shipping and delivery dates will be provided prior to order confirmation.
Failure to execute the distance contract
If the contract cannot be executed because the contracted product or service is not available within the expected time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a full refund at no cost, without liability for damages attributable to the PROVIDER.
In case of unjustified delay by the PROVIDER in returning the full amount, the USER may claim double the amount owed, without prejudice to their right to be compensated for any damages exceeding that amount.
The PROVIDER shall not be held responsible when the delivery of the product or service cannot be made due to false, inaccurate or incomplete data provided by the USER.
Delivery will be deemed completed when the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order. The USER may, through a simple declaration, demand correction of such lack of conformity, price reduction or termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER has the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER fulfills the obligations established in this contract.
It is the USER’s responsibility to check the products upon receipt and to state any reservations and justified complaints on the delivery receipt document.
If the contract does not involve the physical delivery of any product, but rather the activation of a download on a website, the PROVIDER shall previously inform the USER of the procedure to follow for such download.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://ibizarepublic.com/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the purchase contract in the case of service provision, to exercise the right of withdrawal, as regulated in Article 102 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not fulfill the duty of information and documentation regarding the right of withdrawal, the period for its exercise shall end twelve months after the expiration date of the initial withdrawal period, pursuant to Article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, which are outlined here.
All returns must be communicated to the PROVIDER by requesting a return number using the designated form, or by email at hola@ibizarepublic.com, indicating the corresponding invoice or order number.
If the return is not made with the original delivery packaging, the PROVIDER may charge a cost of ……………………………….. € to the USER, informing them in advance via the same communication channel used.
Once the USER has received the return number, they shall send the product to the PROVIDER, indicating this number in the shipping letter, with transport costs at their expense, to the address of IR CONCEPT IBIZA SL, Calle Bisbe Abad i Lasierra, Nº35 Entresuelo Oficina E, 07800 Ibiza (Illes Balears).
4. CLAIMS
Any claim the USER deems appropriate will be addressed as soon as possible and may be submitted through the following contact details:
Postal: IR CONCEPT IBIZA SL, Calle Bisbe Abad i Lasierra, Nº35 Entresuelo Oficina E, 07800 Ibiza (Illes Balears)
Phone: +33 609 92 13 69
Email: hola@ibizarepublic.com
5. FORCE MAJEURE
The parties shall not be held liable for any failure due to force majeure. The fulfillment of obligations shall be delayed until the case of force majeure ceases.
6. JURISDICTION
The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.
If any provision of these conditions is deemed null or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or modified in any way.
The USER declares to have read, understood, and accepted these Terms and Conditions in their entirety.
7. GENERAL TERMS OF THE OFFER
All sales and deliveries carried out by the PROVIDER shall be subject to these Terms and Conditions.
No modification, alteration, or agreement contrary to IR CONCEPT IBIZA SL’s Commercial Proposal or the stipulations herein shall have any effect unless expressly agreed in writing and signed by the PROVIDER, in which case these specific agreements shall prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or any other applicable taxes. Unless otherwise stated, these prices do not include shipping or communication costs, handling, or any other additional and related services.
The applicable prices for each product are those published on the website and are expressed in EURO currency. The USER acknowledges that the economic valuation of some products may vary in real time.
Before making a purchase, the USER can review all the details of the quote online: items, quantities, price, availability, transport costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.
Once the order is placed, the prices will remain fixed regardless of product availability.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name provided at the time of ordering. This invoice will be sent in paper format with the purchased product. The invoice can also be downloaded in PDF format by accessing the user account on the website. If the USER prefers to receive it by email, they must request it through any of the means provided by the PROVIDER, and may revoke this decision at any time.
For any information regarding the order, the USER may contact the PROVIDER’s customer service at +33 609 92 13 69 or via email at hola@ibizarepublic.com
9. SHIPPING COSTS
The prices published in the store do not include shipping or communication costs, installation or download, or any complementary services, unless expressly agreed otherwise in writing.
Shipping charges will be calculated when saving the cart or quote, as they depend on the product weight and delivery address.
The maximum shipping rate (including VAT) is as follows:
Mainland up to 2 Kg: free
Mainland > 2 Kg up to 10 Kg: free
Mainland > 10 Kg: free
Outside mainland up to 2 Kg: €16.76
Outside mainland > 2 Kg up to 10 Kg: €28.57
Outside mainland > 10 Kg: €61.73
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for financial transactions and offers the following payment methods:
Credit card
PayPal
The USER may use a discount coupon before finalizing the purchase if provided by the PROVIDER.
Security Measures
The website uses industry-standard information security techniques, such as SSL, secure page data input, firewalls, access control procedures, and cryptographic mechanisms to prevent unauthorized access to data. For this purpose, the user/customer agrees that the provider may collect data for access control authentication.
The PROVIDER commits to not allowing any transaction deemed illegal by credit card brands or the acquiring bank, or that may harm their goodwill or negatively affect them.
Under the card brand programs, the sale or offer of any product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder is prohibited.
11. PURCHASE PROCESS
Any product from our catalog can be added to the cart. The cart will display the items, quantity, price, and total amount. Once saved, taxes, charges, and discounts will be calculated based on the entered payment and shipping details.
The cart has no administrative validity; it is merely a tool to simulate a budget without any commitment from either party.
From the cart, you can place an order by following these steps to properly complete the purchase:
- – Verification of billing details.
- – Verification of shipping address.
- – Selection of payment method.
- – Place the order (purchase).
Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the order.
Orders (purchase requests)
Before confirming the order, information about the order status and the estimated shipping and/or delivery date will be provided.
12. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed illegal, void, or unenforceable for any reason, that condition shall be considered severable and shall not affect the validity and enforceability of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, wholly or partially, if the USER fails to comply with the obligations of this contract or any legal provision, license, regulation, directive, code of conduct, or policy applicable.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy available to the PROVIDER.
13. WARRANTIES AND RETURNS
Warranties shall comply with the provisions in the section titled “Warranties and After-Sales Services” of Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which can be accessed by clicking here.
If this section is to be personalized, it must be ensured that the wording complies with the regulations of the WARRANTIES AND AFTER-SALES SERVICES title of RD Legislative 1/2007.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed and interpreted in accordance with Spanish legislation in all matters not expressly established herein. Any disputes arising from the provision of the products or services covered by these Terms and Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfillment of the obligation, or the location of the property if it is immovable.
