TERMS AND CONDITIONS OF USE AND SALES

1. Introduction

This document (together with all the texts mentioned herein) establishes the conditions governing the use of this website www.ibisun.es (hereinafter, the “IBISUN Website”) and the purchase of products on it (hereinafter, the “Conditions”), regardless of the application, digital medium, support or device through which it can be accessed. Please read these Conditions carefully before using the IBISUN Website. By using the IBISUN Website or placing an order through the IBISUN Website, you agree to the IBISUN Terms of Use and Purchase, so if you do not agree to these Terms you should not use the IBISUN Website.

If you have any questions regarding these Conditions or any other legal text published on the IBISUN Website, you can contact us through our contact channels.

The contract may be concluded, at your choice, in any of the languages in which the Conditions are available on the IBISUN website.

2. Responsible party

The sale of articles through the IBISUN Web site is carried out under the registered trademark “IBISUN” owned by (hereinafter “IBISUN” or “We”), with address at Carrer s’Illa Plana 7, 07800 Ibiza, Spain, DNI, telephone +34 971 57 83 55 and e-mail [email protected].

3. Processing of personal data

The information or personal data that you provide us with will be processed in accordance with the provisions of the IBISUN Website Privacy Policy.

4. Permitted uses

4.1. By using the IBISUN Web Site and placing orders through it, you agree to:

– Use it properly and only to make legally valid enquiries or orders;

– Not to place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we shall be authorised to cancel it and inform the relevant authorities;

– Provide us with your email address, postal address and/or other contact details truthfully and accurately.

4.2. If you do not provide us with all the information we require, we will not be able to process your order.

4.3. By placing an order through the IBISUN website, you represent and warrant that you are over 18 years of age and have the legal capacity to enter into contracts.

5. Availability

5.1. The products offered on the IBISUN website are only available for delivery to Spain.

5.2. If you wish to place an order from another country via the IBISUN website, you may of course do so; however, please note that we only offer delivery to a shipping address within Spain.

5.3. We currently only deliver to Spain. For other shipments please contact us by sending an email to [email protected].

6. Ordering

6.1. To place an order on the IBISUN website, you must follow the online purchase procedure, accept the IBISUN Conditions of Purchase and click on the “pay” button. After completing the purchase process, you will receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by email that the product is being shipped (the “Shipping Confirmation”). If you do not receive this email, please check your spam folder. If you can’t find it either, you can contact us at [email protected].

7. Right of withdrawal and Returns Policy

7.1. Right and time limit for withdrawal. – If you are buying the products as a consumer, you have the right to withdraw from this contract within 14 calendar days without giving any reason.

The withdrawal period will expire after 14 calendar days from the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the goods or, if the goods making up your order are delivered separately, after 14 calendar days from the day on which you or a third party designated by you, other than the carrier, acquires physical possession of the last of those goods.

7.2. How to exercise the right of withdrawal. – You can exercise the right of withdrawal in the way that is easiest for you, through an unequivocal statement (for example, using the form attached in the Annex to these Conditions or by sending an email) notifying us of your decision to withdraw from the purchase to the address Carrer s’Illa Plana 7, 07800 Ibiza, Spain, or through our email [email protected].

In order to comply with the withdrawal period, it is sufficient that the communication concerning the exercise of this right is sent before the end of the period indicated in point 7.1, paragraph 2. IBISUN will inform you without delay of the receipt of your decision to withdraw from this contract.

7.3. Consequences of withdrawal – In the event of withdrawal, we will refund all payments paid, including delivery costs, but excluding any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us, without undue delay and in any case no later than 14 calendar days after the date on which we are informed of your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and provided that no charge is incurred as a result of the reimbursement. Notwithstanding the foregoing, we may withhold the refund until we have received the goods.

7.4. Return process. – You must return or deliver to us directly or via a courier/logistics company the products you wish to return. To do this, you must contact us through our contact form or via email [email protected] and we will give you instructions on how to proceed.

7.5. Care and attention. – You must be careful with the products while they are in your possession, it is important that you return the product(s) including the original IBISUN packaging, instructions and any other documents that may accompany them. The use of the products purchased, beyond the mere opening of the shipping packaging and, as long as they are not sealed products, may lead to the application of the provisions of point 7.7 and, as the case may be, the impossibility for IBISUN to accept the cancellation of the purchase. Therefore, in order to return the goods, it is important that you follow the instructions that will be indicated in the return acceptance email.

7.6. Costs. – You must bear the direct cost of returning the goods for which you have exercised the right of withdrawal.

7.7. Decrease in value. – Where applicable, you will be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

7.8. Reimbursement. – We inform you that IBISUN may withhold reimbursement until it has received the goods, or until you have provided us with proof of the return of the goods, whichever condition is met first.

Your right of withdrawal may be affected in the event that it has been exercised after the deadline, if one or more products which are the object of the order in respect of which the right has been exercised respectively, have not been returned, among other cases that may occur.

IBISUN will therefore inform you if you are entitled to a refund of the amounts paid in the corresponding cases and after the appropriate checks have been carried out in accordance with the provisions of the Revised Text of the General Law for the Defence of Consumers and Users.

7.9. Exceptions to the right of withdrawal. – You will not have the right to withdraw from the contract for the supply of any of the following products:

– Personalised articles;

– Goods sealed for health or hygiene reasons that have been unsealed after delivery.

7.10. Return policy applicable to the Canary Islands and other territories. – If you wish to exchange or return a product that has been delivered in the Canary Islands, you may do so by contacting us via email [email protected] to provide you with the corresponding information regarding the return or exchange.

If you have placed an order through the IBISUN website from a Member State of the European Union other than Spain, the conditions for exercising the right of withdrawal will apply in the same way. We also inform you that we will not be obliged to reimburse you for shipping costs other than those incurred to the original delivery address in Spain or return costs from a destination outside Spanish territory.

8. Technical means for correcting errors

8.1. You will be able to correct errors related to the personal data provided during the purchase process by contacting customer service through our email [email protected].

8.2. The IBISUN website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the information in these sections has not been provided correctly. Likewise, the IBISUN website offers details of all the articles that you have added to your basket during the purchase process, so that, before making the payment, you will be able to modify the details of your order.

If you detect an error in your order after the payment process has been completed, you should immediately contact our customer service department at the aforementioned e-mail address to rectify the error.

9. Availability of products

9.1. All orders are subject to product availability. IBISUN will make every effort to supply the products purchased in accordance with your order summary, however, there may be occasions when IBISUN is unable to supply such products. This may be because, for example, such products are not in stock or because an error has been identified in the price or description of the product, etc. In these cases, IBISUN will contact you to inform you and, if necessary, propose alternative products that meet your needs. If you are not interested in these alternative products, IBISUN will proceed to cancel your order in relation to the products that cannot be supplied, and you will receive a refund of the amount paid for this item.

In these cases, IBISUN will only be responsible for refunding the amount you have paid, and you will not be entitled to claim any additional amounts.

9.2. It is also possible that IBISUN may not be able to accept your order. In this case, we will contact you as soon as possible, by any of the means you provided us with at the time of placing the order, in order to propose alternatives.

10. Delivery

10.1. We will dispatch your order consisting of the products listed in each Dispatch Confirmation without undue delay, and no later than 72 hours from the date of the Order Confirmation, except as provided below.

Please note that there are circumstances arising from product customisation, or unforeseen or extraordinary circumstances that may affect the delivery date.

10.2. If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and we will give you the option to go ahead with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. Please note, however, that we do not deliver to your home on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that “delivery” or that the order has been “delivered” at the moment in which you or a third party indicated by you acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the delivery address you have provided.

11. Impossibility of delivery

11.1. You undertake that both you and any other person designated by you will be at the address indicated to receive the order from IBISUN. If you are not present, the carrier will attempt a new delivery or, if possible, will contact you.

11.2. In the event that delivery is not possible, your order will be sent to a GLS parcel shop where you will have 10 days to pick it up. You will be notified by e-mail of the address of the nearest GLS parcel shop/collection point.

In the event that after 10 days of your order being available for delivery, the order has not been delivered for reasons not attributable to IBISUN but due to your lack of interest or failure to collect it, we will understand that you wish to withdraw from the contract and we will consider it to be terminated. As a consequence of the termination of the contract, we will refund all payments paid by you, excluding delivery and return costs, without undue delay and, in any case, within 14 calendar days from the date on which we consider the contract to be terminated.

12. Pre-sale of goods

12.1. In the event of a purchase of pre-sale items, these will be delivered to the address you have provided during the purchase process within the deadlines indicated on the IBISUN website.

Please note that some of these items are subject to longer delivery times, which will be those shown on the website and, in any case, will be delivered within a maximum period of 30 days from the date of the Order Confirmation.

12.2. In the case of mixed orders consisting of products corresponding to the ordinary purchase process and pre-sale products (“Mixed Orders”), you may order the items in the same order, but they may be delivered separately and in different periods according to the availability of the pre-sale products at any given time and in accordance with the provisions of these Conditions.

Once the pre-sale products have been prepared, we will contact you to inform you that they are being shipped (“Shipping Confirmation”).

If you make a purchase of a pre-sale product, the full provisions of these Terms shall also apply to you, subject to the provisions of this clause.

13. Transfer of risk and ownership

The risks of the products shall be borne by you from the time of delivery.

You will acquire ownership of the goods when we receive payment in full of all sums due in respect of the goods, including delivery charges (if the minimum order is not reached), or at the time of delivery (as defined in clause 10), whichever is the later.

14. Price and payment

14.1. The prices on the Website include VAT, but exclude delivery costs, which will be added to the total amount.

Product prices may be subject to change, but any changes will not affect orders in respect of which we have already sent you an Order Confirmation.

14.2. Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step is to process the order and make payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step.

Likewise, during the purchase process, before making the payment, you will be able to modify the details of your order.

14.3. You may use Visa, Mastercard and American Express bank cards as a means of payment. If you choose to pay by bank card (credit/debit), the order will be processed as soon as the payment has been authorised by your bank.

By clicking on the “Pay” button, you confirm that the bank card is yours or that you are authorised to use it. However, if the security department suspects any anomaly or fraud, IBISUN reserves the right to cancel the transaction for security reasons.

Payments are made via a secure payment platform, compliant with the PCI-DSS standard and supplemented by control measures, to guarantee the security of purchases made on IBISUN and to combat fraud. Your credit card details communicated when placing your order are always encrypted on the network: they are encrypted using the TLS (Transport Layer Security) protocol. For security policy reasons, IBISUN will be able to verify all orders paid by credit card.

Credit cards will be subject to verification and authorisation by the issuing bank, but if the issuing bank does not authorise payment, we will not be responsible for any delay or non-delivery and will not be able to enter into any contract with you.

15. Promotions and coupons

All promotions and coupons have a specific expiry date, as indicated on the promotion itself.

Promotions consisting of discount coupons will always be applied solely and exclusively to the value of the product.

IBISUN reserves the right to cancel promotions for users who make incorrect use of them, or who purchase numerous units of the promotion under different identities.

16. Value Added Tax and invoicing

In accordance with the provisions of Law 37/1992, of 28 December 1992, on Value Added Tax, and other applicable provisions where applicable, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

For orders destined for the Canary Islands, deliveries will be exempt from VAT in accordance with the provisions of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.

You expressly authorise us to issue the invoice in electronic format and to send it to you by e-mail to the address provided to IBISUN, although you may at any time indicate your wish to receive a paper invoice, in which case we will issue and send the invoice in this format. You may request this by contacting our customer service department by any of the means made available to you free of charge.

17. Guarantees

17.1. If you contract as a consumer and user, we offer you full health, technical and storage guarantees on the products that we sell through the IBISUN website, in the terms legally established for each type of product.

17.2. It is understood that the products are in conformity with the contract provided that (i) they conform to the description given by us and possess the qualities that we have presented on the IBISUN website, (ii) they are suitable for the uses for which products of the same type are normally intended, (iii) they present the usual quality and features of a product of the same type that are reasonably expected, (iv) provided that the product has remained closed as we are talking about a perishable good that is governed by PAO (“Period After Opening”) according to the formulation of the product, (v) if the product has been opened, that the non-conformity is within the PAO (“Period After Opening”) dates indicated on the packaging, (vi) that the storage conditions are within the AEMPS (Spanish Agency for Medicines and Health Products) recommendations for the care of a cosmetic product, and (vii) that the product has been used correctly and reasonably.

The main recommendations regarding proper storage conditions by the AEMPS are (previous point (vi)):

– Store the products between 18 – 25ºC, away from direct light and any source of heat. Avoid storing them in environments with high humidity;

– Keep the product in the original container and close tightly after use;

– Do not mix the product with water or other products;

– Do not use the product for purposes other than those intended by the manufacturer;

– Do not use the product for purposes other than those intended by the manufacturer; Respect the minimum durability date or the period of use of the product after opening (ODP), indicated in months or years within the ODP symbol;

The main rules for correct and reasonable use of the product are (point (vii) above):

– Wash hands before use;

– Follow the instructions for use indicated on the labelling;

– Follow the warnings on the labelling and information leaflet where applicable;

17.3. In this regard, if any of the products do not comply with the contract, you must inform us by following the procedure detailed in clause 7 and through any of the means of communication provided for this purpose or by email to [email protected].

17.4. The products we sell may often have the characteristics of the natural raw materials used in their manufacture. These characteristics, such as variations in colour, texture or smell, shall not be considered as defects or faults. On the contrary, they should be expected and appreciated as they are a sign of the naturalness of the product. We select only the highest quality raw materials, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

18. Defective products or products not in conformity with the contract

18.1. In cases where you consider that the product delivered to you does not conform to the characteristics and qualities indicated on our website, has some kind of manufacturing problem, may be in poor condition due to problems arising with transport or not, or is related to cosmetic surveillance issues (and therefore used or opened), please contact us immediately through our contact channels, providing the details of your order, as well as indicating the defects that, in your opinion, the product delivered suffers from, so that we can tell you how to proceed.

In the event of a lack of conformity of the product and in general, the consumer has the right to repair the product (where possible), to its replacement, to a price reduction (where applicable) or to the termination of the contract, which implies the return of the product and the corresponding refund of the amount paid, but we warn you that these options are not always possible, depending on the type of product and company policy respectively.

Due to the type of products marketed by IBISUN, the options available to you are the replacement of the article or directly the reimbursement of the price paid and return of the defective article if the first option is not possible.

18.2. You are informed that, if the lack of conformity is minor, the contract will not be terminated.

18.3. In these cases, IBISUN will proceed to carefully examine the returned product and we will inform you by e-mail within a reasonable period of time whether it is necessary to replace the product free of charge or refund the price paid for the product, if replacement is not possible.

The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date of sending the e-mail confirming the replacement of the non-conforming item or the refund of the price paid for it.

18.4. The amounts paid for those products that are returned because of a defect or defect, when it actually exists, will be refunded in full, including delivery charges incurred to deliver the item and the costs incurred, if any, to return it to us. The refund of the price paid will be made by the same means of payment that you used to pay for the purchase.

18.5. As a general rule, you may return the defective product free of charge by handing it over to the courier that IBISUN will send to the address provided, after having requested the collection of the product.

To process this type of return you can send us an email to [email protected].

19. Responsibility

Unless expressly provided otherwise in these Conditions, IBISUN’s liability in relation to any product purchased on the IBISUN Web site shall be strictly limited to the purchase price of said product.

20. Industrial and Intellectual Property

20.1. The domain name, as well as all content on the IBISUN Web site and its social network profiles (including, but not limited to, web design, photographs, illustrations, texts, names, brands, images, videos, etc.) are the property of IBISUN.

IBISUN alone is authorised to use the corresponding intellectual property rights, whether by original title or by express authorisation, and therefore any partial or total reproduction of the content by any process and on any medium whatsoever is subject to prior express authorisation from IBISUN.

20.2. It is strictly forbidden for the user to use the Website or any part thereof for purposes other than personal, private and commercial use, in particular by downloading, reproducing, transmitting, representing or disseminating its content.

20.3. The creation of hypertext links to any of the Web pages or elements that make up the Website is prohibited, except with the prior written authorisation of IBISUN, which may be revoked at any time.

This shall not prevent you from using the IBISUN website to the extent necessary to obtain information about your order or IBISUN contact details.

21. Misuse

21.1. You shall not misuse this IBISUN Web Site by knowingly introducing viruses, Trojan horses, worms, logic bombs, or any other technologically harmful or deleterious programs or material onto the IBISUN Web Site. You will not attempt to gain unauthorised access to the IBISUN Website, to the server on which the IBISUN Website is hosted or to any server, computer or database related to the IBISUN Website. You agree not to attack the IBISUN Website through a denial of service attack or a distributed denial of service attack.

21.2. Failure to comply with this clause could lead to the commission of infringements as defined by the applicable regulations. We will report any such breach to the relevant authorities and will co-operate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, you shall immediately cease to be authorised to use the IBISUN Website.

21.3. IBISUN shall not be liable for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging programs or materials that may affect your computer, computer equipment, data or materials as a result of using the IBISUN Web site or downloading content from the IBISUN Web site or to which it redirects.

22. Links

In the event that the IBISUN Web site contains links to other Web sites and materials belonging to third parties, these links are provided for information purposes only, and IBISUN has no control over the content of these Web sites or materials. IBISUN therefore accepts no responsibility for any damage or loss arising from their use.

23. Notifications

23.1. We will contact you by e-mail or provide you with information by posting notices on the IBISUN website. For contractual purposes, you consent to use this electronic means of communication and you accept this means of communication between IBISUN and IBISUN.

The notifications that you send us must be sent via our e-mail address [email protected] or via the contact form on the IBISUN website.

23.2. In accordance with the provisions of the first paragraph and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided when placing an order.

24. Force majeure

24.1. We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control (“Force Majeure Event”).

Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:

(a) Strikes, lockouts or other industrial action.
b) Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
c) Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
d) Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
e) Impossibility of using public or private telecommunications systems.
f) Acts, decrees, legislation, regulations or restrictions of any government or public authority.
g) Global pandemic.
Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations despite the Force Majeure Event.

24.2. Exceptionally and in the event of a global pandemic, the return times may be interrupted due to incidents, mobility restrictions, etc., arising from mobility restrictions which, where applicable, may be decreed by the Spanish government.

25. Waiver

The failure of IBISUN to require strict compliance by you with any of the obligations assumed by you by virtue of a contract or these Conditions, or the failure of IBISUN to exercise any rights or actions to which we may be entitled by virtue of said contract or these Conditions, shall not constitute any waiver or limitation of said rights or actions, nor shall it exonerate you from complying with said obligations.

No waiver by IBISUN of any particular right or remedy shall constitute a waiver of any other right or remedy under any contract or the Terms.

No waiver by IBISUN of any of these Conditions or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to you in writing in accordance with the Notice section above.

26. Partial invalidity

If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.

27. Entire Agreement

These Terms and Conditions and any document expressly referred to in these Terms and Conditions constitute the entire agreement between you and IBISUN relating to the subject matter hereof and supersede any prior covenant, agreement, or promise made between you and IBISUN orally or in writing.

28. Modification of Terms and Conditions

IBISUN reserves the right to modify the Terms and Conditions. Such modifications shall not be retroactive. If you do not agree with the modifications made, we recommend that you do not use the IBISUN website.

29. Applicable law and jurisdiction

29.1. These Conditions shall be governed by the provisions of Spanish legislation, without prejudice to the legal regulations for the protection of consumers and users that may be applicable.

29.2. In the event of any conflict, dispute, discrepancy, question or claim arising from the execution, interpretation and/or application of these Conditions and/or use of the IBISUN Web site that has not been resolved amicably between the parties, it will be definitively resolved by the Courts and Tribunals of the city of Ibiza, unless a different jurisdiction is established by law. In this regard, it should be pointed out that, if the user is a consumer (i.e. a natural or legal person acting outside the scope of a business or professional activity), the above submission shall not be applicable, and the courts and tribunals of the user’s domicile shall have jurisdiction.

30. Comments, suggestions, queries, complaints and claims

30.1. Your comments and suggestions are welcome. Please send such comments, suggestions and queries to us via our contact details or via the postal address set out in clause 2 of these Terms. We also have official complaint forms available for consumers and users. You can request them by writing to us at [email protected].

30.2. You may also send your complaints and claims through our contact channels or by e-mail to [email protected], which will be dealt with by our customer service department as soon as possible and, in any case, within the legally established period.

30.3. IBISUN also informs you that the European Commission has set up, for consumers residing in the European Union, an out-of-court online dispute resolution mechanism for cases in which a problem arises with your online purchases on our website, accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

If as a consumer you consider that your rights have been violated, you can send us your complaints via the e-mail address [email protected] in order to request an out-of-court settlement of disputes.

31. Contact

Please note that the e-mail address [email protected] is provided for the purpose of allowing easy and direct access to IBISUN’s identification data as the marketer of the goods, as well as for the purpose of allowing you to lodge any complaints or claims that you consider appropriate. For more information, please consult the “Contact” section of the IBISUN website.

Last update: 06/12/2021

ANNEX

Model withdrawal form

(You should only complete and send this form if you wish to withdraw from the contract).

For the attention of Adriana Vericat, acting under the trade name “IBISUN”, with address for returns at Carrer s’Illa Plana 7, 07800 Ibiza, Spain and e-mail address [email protected].

I hereby inform you that I withdraw from my contract of sale of the following products:

Ordered on/received on (*):

Consumer’s name:

Consumer’s address:

Signature of consumer (only if this form is submitted on paper).

Date:

(*) Delete as appropriate

TERMS AND CONDITIONS OF IBISUN AFFILIATES

Agreement between the IBISUN AFFILIATES applicant (hereinafter “Applicant”) and Adriana Vericat who operates through the registered trademark IBISUN (hereinafter “IBISUN”).

1. The Parties

IBISUN with registered office at Carrer s’Illa Plana 7, 07800 Ibiza, Spain, ID 47250858A, telephone +34 971 57 83 55 and e-mail [email protected].

Name of Applicant as per profile & signed below.

The Applicant undertakes to complete the following Scope of Work which is part of the IBISUN AFFILIATES program.

2. Scope of Work

a) The Applicant must sign up for the IBISUN AFFILIATES program and participate in required tasks to be able to receive rewards, product vouchers, and have the chance to be featured on IBISUN’S digital channels.

b) All social media posts must include tags to all relevant IBISUN channels (@IBISUN.es) and brand hashtags #IBISUN #IBISUNAFFILIATES

3. Term

This Agreement shall commence on the date the Applicant signs up for the IBISUN AFFILIATES program and shall remain in force until the Applicant completes all items set out in the Scope of Work or is otherwise terminated as provided for in clause 9 (Termination).

4. Commission

In exchange for the Applicant signing the contract, IBISUN will provide the Applicant with 10% commission of the revenue generated from the purchase made via Applicant’s affiliate link. If the product isn’t returned after 30 days the purchase has been made, the Applicant will receive the specified commission after 45 days via wire transfer.

5. Usage

IBISUN may use the content produced by the Applicant under the Scope of Work for its social media, email and website marketing worldwide. The Applicant has absolute rights as to the creative contents. IBISUN will have the right to use all materials produced as part of the Scope of Work during the partnership and the Applicant agrees that the content on the IBISUN’s social media channels posted in the usage period will not be deleted and will fall organically towards the bottom of the feed.

6. Exclusivity Period

This agreement is a non-exclusive agreement and shall not prevent the Applicant and their social media platforms from performing any services for any other party.

7. Limitation of Liability:

Nothing in this agreement shall limit or exclude the parties’ liability for: (i) death or personal injury caused by its negligence; or (ii) fraud or fraudulent misrepresentation. Liability under this agreement for both parties is limited to the amount payable by IBISUN for the Scope of Work.

8. Relationship of Parties

Nothing in this agreement shall create an employment relationship between the Applicant its agents or employees and IBISUN.

9. Intellectual Property and Confidentiality

The Parties agree to keep confidential the terms of this agreement and any confidential information acquired by either party during the provision of the services as set out in the Scope of Work.

The Applicant agrees that all intellectual property rights, including products, marketing campaigns, copy, photographs or other materials used or created in connection with the services provided under the Scope of Work remain the property of IBISUN. The Applicant is permitted to use IBISUN’s intellectual property for the sole purposes of providing the services set out in the Scope of Work and only as authorised by IBISUN. Upon expiry or termination of this agreement, the Applicant agrees to return or destroy any property or confidential material belonging to IBISUN.

10. Force Majeure

If, by reason of any event of force majeure, either Party shall be delayed in or prevented from reperforming any of the provisions of this agreement (otherwise than as to payment of money), then the obligations of the Party so impeded shall be suspended during such period of delay or prevention. In such an event the Parties will use their best endeavours to minimise and reduce any period of suspension, and no loss or damage shall be claimed by either Party from the other by reason thereof. The expression “force majeure” shall mean and include fire, flood, lightning, casualty, lockout, strike, labour condition, industrial action of any kind, unavoidable accident, act of terrorism, national calamity or riot, Act of God, the act of any legally constituted authority, any cause or event arising out of or attributable to war or civil commotion, loss of financial or economic stability, malicious mischief or theft, or any other cause or event (whether of a similar or dissimilar nature) outside the control of the Parties.

11. Termination

Either Party may terminate this agreement immediately by written notice if the other Party (i) commits an irremediable material breach of this agreement; or (ii) commits a material breach of this agreement which is capable of remedy and fails to remedy such breach within thirty (30) days after receiving written request to do so specifying details of the breach complained of; or (iii) becomes insolvent or if any insolvency proceedings are commenced against it.

11. Governing Law

Approval and acknowledgement of terms will be agreed to, accepted & considered binding under the governed & construed accordance with the law of Spain and the Parties submit to the exclusive jurisdiction of Ibiza courts

Agreed and Confirmed by the Parties of their duly appointed representatives.