GENERAL CONDITIONS OF PURCHASE

1. PURPOSE OF THE CONTRACT
These General Conditions of Purchase regulate the use of the Website www.lovyibiza.com (hereinafter “Website”) whose titleholder is Mrs. BEATRICE Leyon, with NIF number X4300640P. The direction of the permanent establishment of LOVY IBIZA is Paseo Vara del Rey Noº 12, 07800 Ibiza, Balearic Islands.

The use by the user of the services of the online store LOVY IBIZA implies adherence to the General Conditions of Purchase that are in force at the time when the purchase order is made. Therefore, it is desirable that the user is acquainted with these General Conditions prior to making a purchase.

2. SCOPE OF THE CONTRACT
These General Conditions apply to the sale of LOVY IBIZA items through its Website. LOVY IBIZA hereby manifests that its Website is intended exclusively for users of legal age, meaning older than 18 years. LOVY IBIZA reserves the right to cancel the user account in case fraudulent, speculative or bad faith in the use of its services is detected.

3. PRICE
The applicable prices are those listed on the Website on the date of the purchase order. Prices are detailed for each particular item and they include I.V.A. (Value Added Tax), but exclude shipping charges for the products, which are indicated separately and must be accepted by the user. LOVY IBIZA reserves the right to introduce, at any time and without prior notice, any changes it deems appropriate and it may update, even daily, the items and prices listed on its Website in line with the new offers that are being introduced from time to time.

4. INFORMATION ABOUT PRODUCTS
We shall use reasonable efforts to ensure that information on our products is accurate and updated at all times. However, we do not guarantee the permanent availability of products at the moment you wish to place a purchase order. Also, due to the fact that the colours you can see on this Website depend on your monitor, we cannot guarantee that a particular colour displayed on your monitor accurately reflects the colour of the product to be delivered.

Restrictions on air transport regarding dimensions of hand luggage: Although it is our intention to ensure, by all means at our disposal, that the elements designated as cabin or hand luggage meet the current restrictions on air transport, we cannot assume the responsibility in case if an airline or an airport should introduce changes to the rules on the restrictions of hand luggage and does not authorize the boarding of such elements.

In case you should need any additional information on our products, please contact us using the contact information provided in Section 11 (CUSTOMER SERVICE).

5. THE PROCESS OF PURCHASE
The items you wish to purchase must first be selected and then incorporated into the shopping cart by clicking on the corresponding icon. The shopping cart will contain the reference to the selected item, its name, features and price in Euros (including taxes).

Once the products are selected, the user will be asked either to register on the Website of LOVY IBIZA providing the necessary data, or to log in in case the user had already been registered beforehand. In order to execute the purchase, the user should provide his/her personal data, which will be incorporated into our database in order to process the pending order, as well as to facilitate future purchases through the Website. Personal data provided by users will be treated in accordance with the provisions of our Privacy Policy. The user is entitled to access his/her personal data and information regarding the orders at any time.

Once the purchase order has been completed, we shall provide the user with a summary of the order to be placed, containing the identification of the selected item, its total price (shipping and taxes included) together with the breakdown of each particular concept, and shipping information. The user should confirm the order by clicking on the button ‘Confirm payment’. Before completing any transaction, the user acknowledges and declares to accept these General Conditions of Purchase by clicking on the “Accept” button.

6. PAYMENT
Payment will be made once the purchase process has been completed and will be indispensable for its formalisation. Corresponding postage rates will be added to the initial price listed on the Website for each product offered. Procedures of deferred payment such as cash on delivery, bank transfer or payment in the store upon collection of the product are not allowed. The accepted means of payment include payment by credit or debit card, and the choice of the means of payment is to be provided on the screen during the checkout process.

The user must notify LOVY IBIZA as soon as possible, by email or telephone, on any improper or fraudulent charge to the credit/debit card used for purchases, so that LOVY IBIZA can make the necessary arrangements. Suppliers or issuers of credit/debit cards can adopt antifraud measures including the rejection of certain types of operations. LOVY IBIZA is not to be held responsible for the implementation of such type of security policies.

Once the transaction has been confirmed, the order number will be communicated to the user through the Website that will enable user to track the order placed at any time. Also, an e-mail will be sent to the address indicated by the user, containing a description of the order and the personal data of the user. In case you should not receive such message, LOVY IBIZA recommends you to contact the Customer Service office without delay. A ticket or proof of purchase corresponding to the purchase order will be available at www.lovyibiza.com, and users may access them in the section “My Account”, “Order.”

7. DELIVERY
The order placed by the user will be delivered within a maximum period of 20 working days as of the completion of the purchase process. It is possible that the aforementioned delivery time could vary due to logistical reasons or force majeure. In case of a late delivery, LOVY IBIZA shall inform the user thereon as soon as it becomes aware of the delay.

Each delivery shall be considered completed as of the moment in which the shipping company makes the product available to the user, in accordance with the control system used by that particular shipping company. Delivery orders shall be carried out at the address indicated by the user and in accordance with the following rules:

7.1 DELIVERY: For shipments to the Canary Islands, Ceuta and Melilla, and countries outside the European Union, users will have to pay customs charges generated by the order, which vary depending on the weight of the shipment. These expenses are paid at the time the order is received and they are not included in the price originally paid for the product. The address specified by the user can be a private home, a workplace or any other address provided. It is not necessary that the billing address and shipping address match.

7.2 SHIPPING FOR GIFT: It is possible to order products that are delivered directly to a third party as a gift. This option should be identified during the purchase process in the section envisaged for that purpose. You can also request special packaging for that purpose and introduce a personal dedication to be delivered with the order. Important: the purchase ticket for the order that is shipped for gift does not specify the price of the product purchased and therefore may not be used for making exchanges and/or returns. To exchange or return the product ordered this way, the person who made the purchase must print out a copy of the original ticket in “My Account” section.

7.3 INCIDENTS AT DELIVERY: If unable to make a delivery of the product due to absence of the recipient, the shipping company will leave a note and will try to contact the recipient by phone. After two failed attempts, the user should contact the shipping company in order to proceed with the delivery. If the user does not do so, and 10 days have passed since the first intent to deliver the product was made, the product will be returned to our stores and the user will be obliged to bear the costs of both initial shipping and return of the product at hand, as well as possible associated management costs.

In case a delay in delivery should exceed 20 working days, the user should contact us at the email address and/or telephone number indicated in Section 11 of these General Conditions. We shall try to solve the problem as quickly as possible.

8. EXCHANGES AND RETURNS
There are different procedures for making exchanges and returns of the purchased products, whose characteristics and conditions are described below:
a. Exchange: exchange implies replacement of one product for another.
b. Return: a product may be returned in case of a flaw or defect.

In case the product is to be exchanged or returned, it should be sent to the following address:
LOVY IBIZA
Paseo Vara del Rey nº 12
07800 Ibiza, Spain

LOVY IBIZA shall not be deemed liable for any loss the package could suffer throughout the shipping, and the user shall have the responsibility to ensure that the package arrives at our facilities in perfect condition.

8.1. EXCHANGES
The user is free to exchange the purchased product for another product of LOVY IBIZA without justification.
LOVY IBIZA will only accept exchanges that comply with the following requirements: The product must be in the same state as it was at the moment of delivery, without obvious signs of use, and it should retain it’s original packaging and label. In order to ensure protection, the product should be shipped in the same box in which it was received. In the event that the product cannot be shipped in the same box in which it was delivered, the user must return it in a similar protective box so that the product may reach the LOVY IBIZA store with maximum possible guarantees. Together with the exchanged product, the user should provide the completed form that accompanies the return shipment (“product exchange form”), and which can be downloaded here.

– Conditions: the exchange process should be initiated within a maximum period of 30 calendar days as of the receipt of the product.

– Cost: the user will pay the shipping costs of the product to be exchanged for another, as well as the corresponding customs charges, if any.
– Procedure: In order to exchange the product for another, the user must send us an email to marine@lovyibiza.com, informing us thereby of his/her intention to exchange the article. After informing us of his/her intention to exchange the item, the user should send the product to the address indicated above. Once we receive the package, the user will be notified thereon and we shall proceed with carrying out the requested change, provided that the user has complied with the above stated conditions.

If the user would like to exchange the product for another one of a different price, the difference between prices should be paid by bank transfer. If the amount of the new purchase order is inferior to the initial order, LOVY IBIZA will provide the user with a voucher for the amount equivalent to the price difference. The user will be able to use the voucher in the purchase of another product of LOVY IBIZA during the period of one year.

8.2. RETURNS
– Conditions: Should the user consider that, at the time of delivery, the product does not comply with the terms of the contract; he/she should contact us immediately by sending an email to marine@lovyibiza.com, and thereby informing us of his/her intention to return the item. In the same e-mail, the user should indicate reasons for the return of the product.
– Cost: Returns do not involve any charges for the user. The amounts paid for the purchase of products that are returned due to a fault or defect, in case these are found to actually exist, will be refunded in full, including the costs of delivery and the costs incurred for the return of such products. The refund will be made by the same method of payment as was used for the original order.
– Procedure: After informing us of his/her intention to return the item, the user should hand the product over to the courier service arranged by us, or, alternatively, send the product to the above stated address.

Upon the receipt of the returned product, we shall examine it carefully, and, within a reasonable period, send you an e-mail confirming the refund or replacement of the product (where applicable). The refund, or replacement of the returned item, shall be carried out as soon as possible and in any event within 14 days after the date on which we send you an email confirming the refund or replacement of the item at hand.

9. PRODUCT AVAILABILITY
In case incidents in supply should occur or if there are no products in stock, the user will be informed thereon immediately and any amounts paid for the purchase of the products that are out of stock shall be reimbursed to the user. The reimbursement shall be carried out within 14 calendar days, and will be made by the same method of payment as was used for the original order. The partial cancellation of the order due to unavailability shall not justify the cancellation of the entire order.

10. WARRANTIES FOR PURCHASED PRODUCTS
Legal warranty applicable in cases where purchased products do not comply with the contract, is the one established in Royal Decree 1/2007, of 16 November, approving the revised text of the General Act for Protection of Customers and Users.

However, in cases where fault or damage to the product should occur as a result of improper handling, or lack of maintenance or care that is contrary to our instructions, the said warranty shall not apply. The buyer should consult the instructions and recommendations found in the operating instructions that are provided with the product.

11. CUSTOMER SERVICE
For any questions, suggestions, inquiries or complaints about our online shop, you can contact the Customer Service by any of the following means:
– Phone: (34) 617 43 16 92 or (34) 971 31 76 02
– Email: marine@lovyibiza.com
– By post to the following address: LOVY IBIZA, Paseo Vara del Rey nº 12, 07800 Ibiza, Spain.

Upon receiving a complaint, LOVY IBIZA will provide you an identification code and a proof in writing and will respond to your request as soon as possible and in any event before expiration of one month.

12. INTELLECTUAL PROPERTY
Users who access the Website created by LOVY IBIZA, the owner of all intellectual property rights thereof, are not entitled to copy or download any of its content without prior express authorization provided by LOVY IBIZA.

13. APPLICABLE LAW AND JURISDICTION
These General Conditions of Purchase are subject to laws of Spain.
With regard to resolution of the possible conflicts, the parties hereto choose to submit to the jurisdiction of the courts and tribunals competent in accordance with the address of the user, renouncing to any other general or special jurisdiction that may correspond.