Terms and Conditions (EN)
Terms and Conditions
Terms and Conditions EU – Isla Ibiza Store
Article 1 – Definitions
In these General Terms and Conditions, the following definitions shall apply:
1. Entrepreneur: www.isla-ibiza-store.nl / www.isla-ibiza-store.com, further to be refered to as ‘Isla Ibiza’.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who engages in a contract on distance with Entrepreneur
3. Distance contract: a contract whereby, organized by Isla Ibiza system for distance marketing of products, to the conclusion of the contract only uses one or more means of distance communication;
4. Means of distance communication: means that can be used for the conclusion of a contract without the Consumer and Isla Ibiza being simultaneously in the same area or space;
5. Withdrawal period: the time limit within which the Consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the Consumer to change its mind within a specific period of time regarding the contract;
7. Day: calendar day.
Article 2 – Business information
Trade name: Isla Ibiza Store
Registered name: Ancokat BV
Location address: Herenstraat 28, Voorburg
Telephone number: +31(0)70 215 43 21
E-mail address: webshop@isla-ibiza.nl
Chamber of Commerce number: 27151900
VAT-identification number: NL803717465B01
Article 3 – Applicability
1. These General Terms and Conditions apply as from 1st January, 2012, to all offers of Isla Ibiza in its E-shops and to all distance contracts concluded with Isla Ibiza. By ordering in the E-shop, the Consumer accepts these General Terms and Conditions.
2. In addition to these General Terms and Conditions any additional terms may apply to certain products, if so indicated.
Article 4 – The offer
1. When an offer has a limited validity or is done subject to conditions, this will be expressively mentioned in the offer.
2. The offer includes a full and accurate description of the offered products. The description is sufficiently detailed for the Consumer to make a sound assessment of the offer. If Isla Ibiza makes use of images these are a truthful representation of the offered products. Manifested mistakes or errors in the offer do not bind Isla Ibiza in any way.
3. The website contains such information, that it is clear to the Consumer what his rights and obligations are subject to the acceptance of the offer. In this regard, in particular:
- the price including taxes;
- any costs of delivery;
- the way in which the contract will be executed and what actions are required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or enactment of the contract;
- the time allowed for acceptance of the offer, or the time limit for the price.
Article 5 – The contract
1. Subject to the provisions of paragraph 4 the contract shall be concluded as soon as the Consumer has accepted the offer of Isla Ibiza by electronic means.
2. If Consumer accepts the offer electronically, Isla Ibiza shall send an order confirmation without delay and by electronic means upon receipt of the acceptance of the offer. As long as the receipt of such acceptance is not confirmed, the Consumer is able to dissolve the contract.
3. Isla Ibiza shall take appropriate technical and organizational measures to protect the electronic transmission of data and will secure a safe web environment. If the Consumer pays electronically, Isla Ibiza will take the necessary safety measures.
4. Isla Ibiza may – within legal frameworks – inform if Consumer will be able to fulfill its financial commitments, as well as enquire after any other facts and circumstances that are of interest to a sensible conclusion of the contract. If Isla Ibiza, on the basis of this research has good reason not to conclude the contract, Isla Ibiza is justified to reject an order or request.
Article 6 – Return / Right of Withdrawal
1. The Consumer is, immediately after receiving the products, required to carefully inspect the products.
2. Returning items purchased in the E-shop without giving reasons to the E-shop is allowed within 7 working days after delivery of the product in question, being the time to consider, provided that the products have not been worn or otherwise used. The Consumer can return the item following the reasonable and clearly stated instructions supplied by Isla Ibiza, to be found in ‘Shipping & return’ section on www.isla-ibiza-store.nl / www.isla-ibiza-store.com.
Article 7 – Costs for Return / Withdrawal
1. If the Consumer exercises his right of withdrawal than the costs of returning products shall be borne by the Consumer.
2. If the Consumer exercises his right of withdrawal as mentioned in the previous clause than Isla Ibiza shall take care for a refund within 30 days of the amount paid by the Consumer.
Article 8 – The price / shipping
1. The prices at the time of ordering a product are applicable. All prices are indicated in the local currency and include sales tax.
2. Special price promotions are valid only for the validity period as indicated in the offer. This indication is printed in a folder or is listed on the E-shop site in relation to that special price offer.
3. The prices listed in the E-shop are exclusive of shipping costs. The amount of the delivery or cash on delivery charges does not depend on the amount of products ordered, but the total order value or applicable actions.
Article 9 – Warranty / liability
1. Isla Ibiza warrants that the products comply with the contract, the listed specifications of the offer, to the reasonable requirements of soundness and usability, and at the date of the conclusion of the contract existing legal provisions and/or Government regulations.
2. It is possible that Isla Ibiza on its E-shop site includes links to other internet sites that may be interesting or informative for the visitor. Such links are for informational use only. Isla Ibiza is not responsible for the contents of the website referred to or the use that can be created.
Article 10 - Delivery
1. Isla Ibiza, itself or through a third party, ships the accepted orders as quickly as possible, in order of entry. If a product is in stock, deliveries will be made within 2 working days from the order date.
2. If a delivery shall not or is not to take place within the average term, for example, in cases where the products are not in stock, the Consumer shall be informed as soon as possible. Isla Ibiza is not liable for any harm resulting from the change in the anticipated deliver time.
3. Unless a longer delivery term is agreed upon, Isla Ibiza will deliver the order within 30 days. If the delivery is not executed within 30 days, Isla Ibiza will inform the Consumer and the Consumer will have the right to dissolve the contract without costs.
Article 11 – Payment / refund
1. The available payment procedures depend on the country in which the order is placed. The available payment procedures are listed in the E-shop.
2. In the case of a term of payment is agreed upon, the mere expiry of that term will cause the Consumer to be in breach. Payment terms can only be agreed upon in writing and under then agreed conditions.
3. In case of payment by credit card or PayPal, the conditions of the appropriate card issuer or PayPal shall apply. Isla Ibiza is not considered a party within the relationship between the Consumer and the card issuer.
4. The Consumer shall bear all judicial and extra judicial expenses of whatever nature, including collection costs, that Isla Ibiza will have to make as a result of noncompliance by the Consumer of his obligations, including payment obligations.
5. In the event of late payment Isla Ibiza is authorized to dissolve the contract with immediate effect or to suspend delivery until the Consumer’s obligations are fully complied with, including payment of costs as referred to in article 5.4.
Article 12 - Complaints
The complaints procedure as clearly stated in the ‘Shipping and return’ section on www.isla-ibiza-store.nl / www.isla-ibiza-store.com must be followed by Consumer and Isla Ibiza.
Article 13 – Privacy
Isla Ibiza will process the data of the Consumer only in accordance with its privacy policy. The E-shop site contains a Privacy Policy.
