TERMS AND CONDITIONS OF USE AND PURCHASE

TERMS AND CONDITIONS OF USE AND PURCHASE

  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 “Terms and Conditions”), regardless of the application, digital media, support or device through which it can be accessed. Please read these Terms and Conditions carefully before using the IBISUN Website. By using the IBISUN Website or placing an order through the IBISUN Website, you accept the IBISUN Terms and Conditions of Use and Purchase, so if you do not agree to these Terms and Conditions you should not use the IBISUN Website.
If you have any questions regarding these Terms and Conditions or any other legal text published on the IBISUN Website, you can contact us through our contact channels.
The contract may be formalised, at your choice, in any of the languages in which the Conditions are available on the IBISUN Website.

  1. Responsible

The sale of items through the IBISUN Website is carried out under the name of “IBISUN” by Adriana Vericat (hereinafter “IBISUN” or “Us”), with address at Carrer s’Illa Plana 7, 07800 Ibiza, Spain, ID 47250858A, telephone +34 971 57 83 55 and e-mail hello@ibisun.es.

  1. Processing of personal data 

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

  1. Use of our website 

4.1. By using the IBISUN Website and placing orders through it, you agree to:
– Use it properly and only to make legally valid enquiries or orders;
– Not place any false or fraudulent orders. If there are reasonable grounds to consider that an order of this nature has been placed, we shall be authorised to cancel it and inform the relevant authorities; and
– 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 declare that you are over 18 years old and have the legal capacity to enter into contracts.

  1. Availability

5.1. The products offered on the IBISUN Website are only available for delivery within 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 hello@ibisun.es.

  1. How to place an order

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 confirming receipt of your order (the “Order Confirmation”). We will also inform you by e-mail 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 hello@ibisun.es.

  1. Right of withdrawal and refund policy

7.1. Right and deadline of 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 transport company, takes material possession of the goods or, if the goods that make 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, takes material 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 most convenient way for you, through an unequivocal statement (for example, using the form attached in the Annex to these Terms and 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 hello@ibisun.es.

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 to you 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 from the date after the date on which you inform us of your decision to withdraw from this contract.

We will carry out such refund using the same payment method you used for the initial transaction, unless you have expressly declared otherwise and provided that no charge is incurred as a result of the refund. 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 through a courier/transport company the products you wish to return. To do this, you must contact us through our contact form or via email hello@ibisun.es 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, include any instructions and other documents that came with it. The use of the products purchased, beyond simply opening them, provided that they are not sealed products, could lead to the application of the provisions of point 7.7 and, where appropriate, IBISUN not being able to accept the cancellation of the purchase. Therefore, when returning the goods, it is important that you follow the instructions set out in the email accepting their return.

7.6. Costs. – You will be liable for the direct cost of returning the items for which you have exercised the right of withdrawal.

7.7. Value reduction. – Where applicable, you will be liable for any reduced value of the goods resulting from handling other than that required given the nature, characteristics or operation of the goods.

7.8. Refund. – Please note that IBISUN may withhold your refund 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 you have exercised it after the deadline, if one or more products of the order from which you have withdrawn have not been returned and in other circumstance that may arise.

As a result, IBISUN will 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 Protection 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. – 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 hello@ibisun.es 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 refund delivery charges other than those incurred to the original delivery address in Spain or return costs from a destination outside the Spanish territory.

  1. Technical method to correct errors

8.1. You will be able to amend errors related to the personal data provided during the purchase process by contacting customer service through our email hello@ibisun.es.

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 email address to correct the error.

  1. Product availability

9.1. All orders are subject to product availability. IBISUN will make every possible effort to supply the purchased products 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, through any of the channels that you have provided when placing the order and will propose substitutes.

  1. Delivery

10.1. We will send your order consisting of the products listed on each Shipping 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 of either continuing with the purchase with a new delivery date or cancelling it with a full refund of the amount paid. Please note that we do not deliver to your home on Saturdays or Sundays.

For the purposes of these Terms and Conditions, it will be understood that the “delivery” has taken place or the order has been “delivered” when you or a third party indicated by you takes material possession of the products, which shall be evidenced by the signature of the receipt of the order at the delivery address you have provided.

  1. Unable to deliver

11.1. You undertake to ensure that you, or another person designated by you will be at the address indicated to receive the order from IBISUN. If you are not there, the transport company will attempt a new delivery or, if possible, will contact you.

11.2. In the event that being unable to deliver, 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 has been terminated.

  1. Pre-sale of goods

12.1. When purchasing presale 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 of 30 days from the date of the Shipping Confirmation.

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

Once the presale 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 presale product, the full provisions of these Terms shall also apply to you, subject to the provisions of this clause.

  1. Transfer of risk and ownership

The risks of the products shall be borne by you from the moment they are delivered.

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

  1. 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 the payment. For this, you must follow the steps of the purchase process, completing 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 held responsible for any delay or non-delivery and will not be able to enter into any contract with you.

  1. Promotions and vouchers

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

Promotions consisting of discount vouchers 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.

  1. 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, the delivery of the items will be understood to be located in the Spanish territory, except for the Canary Islands. The applicable VAT rate will be that legally in force at each moment depending on the specific item in question.

For orders being delivered to 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 channels made available to you, free of charge.

  1. Guarantees

17.1. If you enter into a contract as a consumer and user, we offer you full health, technical and storage guarantees for the products that we sell through the IBISUNWebsite, under 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 described on the IBISUN website, (ii) they are suitable for the use usually made of products of this type, (iii) they have the standard quality and features for a product of the same type that can reasonable be expected, (iv) the product has remained closed given that it is a perishable good that has a PAO (“Period After Opening”) according to the product’s formulation, which can be less than 2 years, (v) if the product has been opened, that the lack of conformity has occurred within the PAO (“Period After Opening”) indicated on the packaging, (vi) that the storage conditions fall under those recommended by the Spanish Agency of Medicines and Medical Devices (AEMPS – Agencia Española del Medicamento y Productos Sanitarios) in relation to the storage of cosmetics and (vii) that the product has been used in a correct and reasonable manner.

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 heat source. 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 (PAO), indicated in months or years within the PAO symbol;

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

– Wash hands before using it;

– Follow the instructions for use indicated on the labelling;

– Consider the warnings indicated 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 channels of communication provided for this purpose or by email to hello@ibisun.es.

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 that the product is natural. We only select raw materials of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

  1. Defective products or do not conform to the contract

18.1. If you consider that the product delivered to you does not conform to the characteristics and qualities indicated on our website, has some sort of manufacturing defect, may be in poor condition due to problems arising from transport or otherwise, or related to cosmetic monitoring issues (and therefore used or open), 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 instruct 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. However, please note 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 the direct 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 hello@ibisun.es.

  1. Liability and disclaimers

Unless expressly provided otherwise in these Terms and Conditions, IBISUN’s liability in relation to any product purchased on the IBISUN Website shall be strictly limited to the paid price for that product.

  1. Industrial and Intellectual Property

20.1. The domain name, as well as, all the content of the IBISUN Website and its social network profiles (including, but not limited to, web design, photographs, illustrations, texts, names, brands, images, videos, etc.) are owned by 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 media, 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 of it for purposes other than their personal, private and commercial use, in particular through downloading, reproducing, transmitting, representing or disseminating its content.

20.3. The creation of hypertext links to any of the Website’s pages or elements that comprise them 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.

  1. Improper use

21.1. You shall not misuse the IBISUN website by knowingly introducing viruses, Trojan horses, worms, logic bombs, or any other technologically harmful or deleterious programs or material. 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 may lead to the commission of infringements as defined by the applicable regulations. We will report any 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 Website or downloading content from it or to which it redirects you.

  1. Links from our website

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

  1. Communications

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 agree to use this electronic means of communication and you accept this means of communication with IBISUN.

The notifications that you send us must be sent via our e-mail address hello@ibisun.es 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.

  1. Force majeure

24.1. We will 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:

  1. a) Strikes, lockouts or other industrial action.
  2. b) Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  3. c) Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
  4. d) Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
  5. e) Impossibility of using public or private telecommunications systems.
  6. f) Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  7. 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 effort 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. As an exception and in the event of a global pandemic, refund periods may be interrupted due to incidents, mobility restrictions, etc., arising from the mobility restrictions which, where applicable, may be decreed by the Spanish government.

  1. Waiver

If we fail to insist upon strict performance by you of any of your obligations under a Contract or these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under that Contract or the Terms and Conditions, this shall not constitute any waiver of such rights or remedies and shall not release you from compliance with such 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.

  1. Partial invalidity

If any of these Terms and Conditions or any provisions of a contract are determined to be invalid or without effect through a final ruling from a competent authority, the remaining terms and conditions will remain in force and will be unaffected by that declaration of invalidity.

  1. 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 and replace any other pact, agreement or promise previously established between you and IBISUN verbally or in writing.

  1. Modification of Terms and Conditions

IBISUN reserves the right to modify the Terms and Conditions. Changes made will not be retroactive. If you do not agree to the changes made, we recommend that you do not use the IBISUN Website.

  1. Applicable law and jurisdiction

29.1. These Conditions shall be governed in accordance with 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 disputes arising from the use of our website and the purchase of our products, and without prejudice to the mandatory rules of submission established by the legal regulations for the protection of consumers and users that may be applicable, the parties expressly waive any other jurisdiction or venue to which they may be entitled, and agree to submit to the courts and tribunals of the city of Barcelona.

  1. Comments, suggestions, queries, complaints and claims

30.1. Your comments and suggestions are welcome. Please send us such comments, suggestions and queries through our contact channels or the postal address indicated in clause 2 of these Conditions. We also have official complaint forms available for consumers and users. You can request them by writing to us at hello@ibisun.es.

30.2. You may also send your complaints and claims through our contact channels or by e-mail to hello@ibisun.es, 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=ES.

If as a consumer you consider that your rights have been violated, you can send us your complaints via the e-mail address hello@ibisun.es in order to request an out-of-court dispute resolution.

Contact

Please note that the e-mail address hello@ibisun.es 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 you consider appropriate. For more information, please consult the “Contact” section of the IBISUN website.

Last updated: 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 hello@ibisun.es.

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 where appropriate