General Terms and Conditions of Sale
1. GENERAL INFORMATION
The ownership of this website https://ibizahikestation.com, (hereinafter Website) is held by: The Hike Station, S.L., with NIF: B10941672, and whose contact details are:
Address: C/S’illa Plana n 9, 07800 Eivissa, Balearic Islands.
Contact telephone: +34 606 94 63 46
Contact email: experience@ibizahikestation.com
This document (as well as any other documents mentioned herein) regulates the conditions governing the use of this Website (https://ibizahikestation.com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out by Ibiza Hike Station through the Website includes:
Hiking Experiences in Ibiza, we offer our product and manage customer reservations.
In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Ibiza Hike Station. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all of the aforementioned, so if they do not agree with all of it, they should not use this Website.
Likewise, it is reported that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website as those in force at the time of requesting the acquisition of products and/or services will apply.
For any questions the User may have regarding the Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
Accessing, browsing, and using the Website confers the status of user (hereinafter referred to, interchangeably, individually as User or collectively as Users), so all the Conditions established here are accepted from the moment the Website browsing begins, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations that must be complied with as applicable.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Using this Website solely for making legally valid inquiries and purchases or acquisitions.
- Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be cancelled, and the relevant authorities would be informed.
- Providing accurate and lawful contact details, for example, email address, postal address, and/or other details (see Legal Notice and General Terms of Use).
The User declares to be over 18 years old and to have legal capacity to enter into contracts through this Website.
The User may formalize, at their choice, with Ibiza Hike Station the purchase contract for the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users can purchase on the Website through the established means and forms. They must follow the online purchase and/or acquisition procedure at https://ibizahikestation.com, during which various products and/or services can be selected and added to the cart, basket, or final shopping space, and finally, click on: “BOOK”.
Likewise, the User must fill in and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that Ibiza Hike Station has received their order or purchase request and/or provision of the service, i.e., the order confirmation. And, if applicable, they will also be informed, likewise, by email when their purchase is being shipped.
Once the purchase procedure is completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User may, if they wish, obtain a paper copy of their invoice by requesting it from Ibiza Hike Station using the contact spaces of the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question, which are displayed alongside its presentation or, if applicable, its image on the Website, indicating, by way of example but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, product details, or characteristics, mode of execution and/or cost of the services; and acknowledges that placing an order constitutes full and complete acceptance of the specific sales conditions applicable in each case.
Communications, purchase orders, and payments involved in transactions carried out on the Website may be archived and kept in Ibiza Hike Station’s computerized records in order to constitute a means of proof of transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, particularly considering Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and the rights that Users are entitled to under the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by Ibiza Hike Station through the Website are subject to the availability of the products and/or to no circumstances or force majeure (clause nine of these Conditions) affecting the supply thereof and/or the provision of services. If difficulties arise regarding the supply of products or if products are out of stock, Ibiza Hike Station undertakes to contact the User and refund any amount that may have been paid as payment. This will also apply in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless by legal requirement, especially regarding VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Ibiza Hike Station carries out delivery and/or shipping services through: MRW.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but such changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
The accepted methods of payment will be: Credit or debit card, and PayPal
Ibiza Hike Station utilises all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website utilises a Secure Socket Layer (SSL) secure payment system.
Credit cards will be subject to checks and authorisations by the issuing bank, if such entity does not authorise payment, Ibiza Hike Station will not be responsible for any delay or non-delivery and may not formalise any contract with the User.
Once Ibiza Hike Station receives the purchase order from the User via the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the manner and, if applicable, place established.
If the payment method is PayPal, the charge will be made at the time Ibiza Hike Station sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking “BOOK” the User confirms that the payment method used is their own.
6. DELIVERY
In cases where it is necessary to physically deliver the contracted good, deliveries will be made within the following territory: Worldwide
Except in cases where unforeseen or extraordinary circumstances exist or, where applicable, derived from the personalisation of products, the purchase order consisting of the products related in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, attributable to Ibiza Hike Station, it could not meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.
If it is impossible to deliver the order due to the User’s absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.
If the User will not be at the delivery location during the agreed time slot, they must contact Ibiza Hike Station to arrange delivery for another day.
In case 30 days have passed since your order is available for delivery, and it has not been delivered due to reasons not attributable to Ibiza Hike Station, Ibiza Hike Station will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the contract resolution, all payments received from the User will be refunded, except for the additional expenses resulting from the User’s choice of a delivery method different from the least costly ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered resolved.
However, the User should be aware that the transportation resulting from the resolution may incur an additional cost that may be passed on to them.
For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered at the moment when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
The risks arising from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when Ibiza Hike Station receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the complete receipt of the amount due for payment by Ibiza Hike Station.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally prevailing rate at any given time depending on the specific item concerned.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in case they detect that an error has occurred when entering the necessary data to process their purchase request on the Website, they may modify them by contacting Ibiza Hike Station through the contact spaces enabled on the Website, and, if applicable, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.
In any case, the User, before clicking “BOOK,” has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Terms of Use and, specifically, the Privacy Policy for more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User acquires products on or through the Owner’s Website, they are entitled to a series of rights, as enumerated and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, is entitled to withdraw from said purchase within a period of 14 natural days without the need for justification.
This withdrawal period will expire 14 natural days from the day the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the Ibiza Hike Station Website or in the event that the goods making up their order are delivered separately, 14 natural days from the day the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods comprising the same purchase order, or in the case of a service contract, 14 natural days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify their decision to Ibiza Hike Station. They may do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means chosen to communicate their decision, must express clearly and unequivocally their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template provided by Ibiza Hike Station as an annex to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication expressing the unequivocal decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, Ibiza Hike Station will refund to the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 natural days from the date on which Ibiza Hike Station is informed of the User’s decision to withdraw.
Ibiza Hike Station will refund the User using the same payment method that the User used for the initial purchase transaction. This refund will not generate any additional costs for the User. However, Ibiza Hike Station may withhold such refund until it has received the products or items from the purchase, or until the User provides proof of their return, whichever condition is met first.
The User can return or send the products to Ibiza Hike Station at: C/S’illa Plana n 9, 07800 Eivissa, Balearic Islands.
And you must do so without undue delay and, in any event, no later than 14 calendar days from the date Ibiza Hike Station was informed of the decision to withdraw.
The User acknowledges that they shall bear the direct cost of returning the goods (transport, delivery), if incurred. Additionally, they shall be responsible for any decrease in the value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges awareness of exceptions to the right of withdrawal, as outlined in Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Illustratively, and not exhaustively, these would include: personalized products; products liable to deteriorate or expire rapidly; CDs/DVDs of music or video without their wrapping, as originally sealed; products sealed for reasons of hygiene or health which have been unsealed after delivery; supply of digital content without physical support.
In the same vein, the provision of a service that the User may contract on this Website is governed, as this Law establishes, by the fact that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and their acknowledgment that, once the contract has been fully executed by Ibiza Hike Station, they will have forfeited their right of withdrawal.
In any case, no refund will be made if the product has been used beyond mere opening, if products are not in the same condition as delivered, or if they have suffered any damage after delivery.
Furthermore, products must be returned using or including all their original packaging, instructions, and any other documents that may accompany them, along with a copy of the purchase invoice.
The Model Withdrawal Form can be downloaded from the following link:
Return of defective products or shipping errors
This concerns all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and therefore, they must immediately contact Ibiza Hike Station and inform them of the existing discrepancy (defect/error) using the same means or the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and once returned, these will be examined, and the User will be notified, within a reasonable period, whether a refund or, if applicable, a replacement is warranted.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date we send you an email confirming that the refund or replacement of the non-conforming item is being processed.
The amount paid for those products returned due to any defect, when one truly exists, will be fully refunded, including delivery charges and any costs incurred by the User to return the goods. The refund will be made using the same payment method that the User used to pay for the purchase.
In any case, the rights recognized by the current legislation at any given time will always apply to the User, as a consumer and user.
Guarantees
The User, as a consumer, is entitled to guarantees on the products they may purchase through this Website, in accordance with the legally established terms for each type of product. Ibiza Hike Station is therefore responsible for any lack of conformity in these products that becomes apparent within a period of three years from the delivery of the product.
In this regard, it is understood that the products are in conformity with the contract provided that they: conform to the description given by Ibiza Hike Station and possess the qualities presented therein; are suitable for the purposes for which products of the same type are ordinarily used; and exhibit the usual quality and performance of a product of the same type that can reasonably be expected. If this is not the case with regard to the products delivered to the User, they must proceed as indicated in the section on Return of defective products or shipping errors. However, some of the products sold on the Website may have non-uniform characteristics as long as they result from the type of material with which they are made, and therefore these characteristics will be part of the individual appearance of the product and will not constitute a defect.
On the other hand, it may happen that the User purchases on the Website a product from a third-party brand or manufacturer. In this case, if the User considers it to be a defective product, they also have the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty directly with them for the three years following the delivery of said products. For this purpose, the User must have retained all information relating to the warranty of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise required by law, Ibiza Hike Station shall not accept any liability for the following losses, regardless of their origin:
- any losses not attributable to any breach on its part;
- business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between the parties was formalised.
Equally, Ibiza Hike Station also limits its liability regarding the following cases:
- Ibiza Hike Station applies all measures concerning providing a faithful display of the product on the Website; however, it is not responsible for minimal differences or inaccuracies that may exist due to screen resolution issues or browser problems, or others of this nature.
- Ibiza Hike Station will act with the utmost diligence to make available to the company responsible for transporting the product ordered for purchase. However, it is not responsible for damages arising from transportation malfunctions, especially due to causes such as strikes, roadblocks, and in general any others specific to the sector, resulting in delays, losses, or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal operation of the internet service. Lack of availability of the Website for maintenance reasons or others, preventing access to the service. Ibiza Hike Station makes every effort to carry out the purchase, payment, and shipping/delivery process for products; however, it is exempt from liability for causes beyond its control, force majeure, or acts of God.
- Ibiza Hike Station will not be responsible for the misuse and/or wear and tear of products used by the User. At the same time, Ibiza Hike Station will not be responsible for incorrect returns made by the User. It is the User’s responsibility to return the correct product.
- In general, Ibiza Hike Station will not be liable for any non-compliance or delay in fulfilling any of the obligations assumed when it is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:
- Strikes, lockouts, or other labor disputes.
- Civil commotion, riot, invasion, threat or terrorist attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
Thus, the obligations will be suspended during the period in which the force majeure event continues, and Ibiza Hike Station will have an extension of the deadline to fulfill them for a period equal to the duration of the force majeure event. Ibiza Hike Station will make every reasonable effort to find a solution that allows it to fulfill its obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User agrees that most of the communications with Ibiza Hike Station will be electronic (via email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that Ibiza Hike Station sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Ibiza Hike Station through the contact details provided in these Conditions and, if applicable, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Ibiza Hike Station may contact and/or notify the User via email or the postal address provided.
11. WAIVER
No waiver by Ibiza Hike Station of any specific legal right or remedy or the failure by Ibiza Hike Station to require strict performance by the User of any of its obligations shall constitute, nor shall it be construed as, a waiver of any other rights or remedies under a contract or under the Conditions, nor shall it relieve the User from compliance with its obligations.
No waiver by Ibiza Hike Station of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. INVALIDITY
If any of these Conditions are declared null and void by a final judgment issued by a competent authority, the remaining clauses shall remain in force, unaffected by such declaration of nullity.
13. FULL AGREEMENT
These Conditions and any document referred to herein constitute the entire agreement between the User and Ibiza Hike Station regarding the subject matter of the purchase and replace any other prior agreement, agreement, or promise agreed verbally or in writing by the same parties.
The User and Ibiza Hike Station acknowledge having consented to the conclusion of a contract without relying on any statement or promise made by the other party, except as expressly stated in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to Ibiza Hike Station in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
Access, navigation, and/or use of this Website and purchase contracts for products through it shall be governed by Spanish law.
Any dispute, problem, or disagreement arising out of or related to access, navigation, and/or use of the Website, or to the interpretation and enforcement of these Conditions, or to the sales contracts between Ibiza Hike Station and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send their complaints, claims, or any other comments they wish to make to Ibiza Hike Station through the contact details provided at the beginning of these Conditions (General Information).
In addition, Ibiza Hike Station has official complaint forms available to consumers and users, which they can request from Ibiza Hike Station at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Ibiza Hike Station and the User, the User as a consumer may request an out-of-court resolution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.