Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, for which the obligation to deliver and/or receive is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Trading name: Ibiza Jurken
Customer service email: info@ibizajurken.com

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer, including all resulting orders.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request, electronically or otherwise.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting terms.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or nullified, the agreement and these terms shall remain in effect for the rest, and the relevant provision shall be replaced by mutual agreement with a provision that reflects the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed “in the spirit” of these terms.

Ambiguities about the interpretation or content of one or more provisions of these terms and conditions should be interpreted “in the spirit” of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made under conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or termination of the contract.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes:

the price, excluding customs clearance fees and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will apply the special scheme for postal and courier services regarding the importation. This scheme applies when goods are imported into the EU destination country, which is applicable here. The postal and/or courier service collects the VAT (possibly along with the clearance fees) from the recipient;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for that;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the deadline for accepting the offer or the period during which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a different basis than the standard base rate for the communication method used;
whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
the manner in which the consumer can check and, if desired, correct the data they provided under the agreement before concluding the contract;
any other languages in which the agreement can be concluded besides Dutch;
the codes of conduct the entrepreneur is subject to and the manner in which the consumer can consult these codes electronically;
the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may – within legal frameworks – investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the implementation.

The entrepreneur shall send the following information along with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the address of the entrepreneur’s business location where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
information about after-sales service and guarantees;
the information included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This reflection period starts on the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur has received the product.

During the reflection period, the consumer shall handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, the consumer shall return the product, with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The notification must be made in writing or via email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the items were returned on time, for example with a shipping receipt.

If the customer has not notified the entrepreneur of their wish to use the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received by the webshop owner or conclusive proof of complete return has been provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
for individual newspapers and magazines;
for audio and video recordings and computer software where the seal has been broken by the consumer;
for hygienic products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the cooling-off period has ended;
concerning bets and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, where the prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that mentioned prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they result from legal regulations or provisions; or
the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.

According to Article 5, paragraph 1 of the VAT Act 1968, the place of delivery is considered to be the country where the transport begins. In this case, the delivery takes place outside the EU. Accordingly, the courier or postal service will charge import VAT and/or clearance fees to the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typing errors. No liability is accepted for the consequences of such errors. In the event of printing and typing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or in contradiction to the entrepreneur’s instructions and/or packaging;
The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders for products.

The place of delivery is the address the consumer has made known to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed about this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after the dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. Upon delivery at the latest, it will be stated clearly and understandably that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur’s expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract entered into for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, with due observance of the applicable termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time by the end of the fixed period, with due observance of the applicable termination rules and a notice period of no more than one month.

The consumer may:

terminate the agreements mentioned in the previous paragraphs at any time and shall not be limited to termination at a specific time or during a specific period;
terminate such agreements in the same way as they were concluded;
always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract that was concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, provided the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract that involves regular but less than monthly delivery of daily or weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily, news, and weekly magazines by way of introduction (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or introductory period.

Duration

If a contract lasts more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness dictate that earlier termination is not appropriate.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the consumer reasonable costs that were made known in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and tightened in 2024 regarding the "Amendment of the Turnover Tax Act 1968 (Implementation Act for the Payment Service Providers Directive)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.