Purchase Conditions
E-COMMERCE (SERVICES). General terms and conditions of contract
GENERAL TERMS AND CONDITIONS OF CONTRACT
Introduction
This document (together with all documents mentioned herein) sets out the conditions governing the use of this website (llocdemenorca.com) and the purchase of products through it (hereinafter, the “Conditions”).
Please read these Conditions, our Cookie Policy and our Privacy Policy (hereinafter, jointly, the “Data Protection Policies”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and our Data Protection Policies, so if you do not agree with all of these Conditions and the Data Protection Policies, you should not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the conditions in force at the time of the conclusion of each contract (as defined below) or at the time of the use of this website shall be applicable.
If you have any questions regarding the Conditions or the Data Protection Policies, you may contact us through our customer service form or via the means indicated in section 14.
The contract may be entered into, at your choice, in any of the languages in which the Conditions are available on this website.
1. OBJECT AND GENERAL PROVISIONS
These general terms and conditions of contract (hereinafter, the “General Conditions”) regulate the legal relationship arising from the purchase by the user-consumer (hereinafter the “Client”) of the products and/or services offered by the provider through its website llocdemenorca.com (hereinafter, the “Website”).
The Client declares to be of legal age and to have the legal capacity required to contract the products and/or services offered on the Website in accordance with these General Conditions, which the Client declares to understand and accept.
The General Conditions, together with the particular conditions that may be established, shall regulate the contractual relationship that arises between the parties. They must be read, accepted and printed or saved in any medium by the Client.
The provider reserves the right to modify these General Conditions unilaterally, without this affecting the goods or promotions that were acquired prior to the modification.
2. IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the provider of the products and/or services contracted or to be contracted by the Client is LLOC DE MENORCA, SL, with registered office at CTRA. GENERAL, KM. 8 – 07730 – ALAIOR – MENORCA – ILLES BALEARS (SPAIN), with CIF B57137820 and telephone number +34 971372403 (hereinafter, the “Provider”).
And on the other hand, the Client, registered on the website by means of a username and password, for which the Client assumes full responsibility for their use and safekeeping, and who is responsible for the truthfulness of the personal data provided to the Provider.
3. SUBJECT MATTER OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship of sale arising between the Provider and the Client at the time the Client accepts the corresponding box during the online contracting process.
The contractual relationship of purchase-sale entails the delivery, in exchange for a specific price publicly displayed on the website, of a specific product or service.
4. INFORMATION PROVIDED ON THE WEBSITE
The information relating to the products and/or services offered on the Website, their characteristics and their price are detailed on the Website.
In the event that the information provided does not correspond to the product or service offered on the Website, the Client shall have the right to rescind the contract in accordance with the provisions of these General Conditions.
5. PURCHASE PROCESS
To access the products and/or services offered by the Provider, the Client must register on the Website by creating a user account. To do so, the Client must freely and voluntarily provide the personal data requested, which shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), and in accordance with the Privacy Policy and Cookie Policy available on the Website.
Completing the user registration form constitutes the Client’s declaration that the information provided is true and accurate. It is the Client’s responsibility to update the information. The Client shall be liable at all times for the truthfulness of the data provided, and the Provider reserves the right to exclude any Client who has provided false data, without prejudice to any other actions that may be taken under the law.
Once the user account has been created, the Client is informed that, in accordance with the requirements of Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the purchase procedure shall follow the steps described on the Website at the time of each purchase, and the Client can review their order before finalising it, modifying, correcting or cancelling it as needed.
The Client shall receive an email confirming that the Provider has received the purchase order and/or service provision, i.e., the order confirmation. And, where appropriate, the Client shall also be informed, via email, once the product/service is ready for collection or has been shipped.
Once the purchase has been completed, the electronic document in which the contract is formalised shall be filed and the Client shall have access to it by sending a request via email.
6. CONSUMER RIGHTS
Right of withdrawal:
In accordance with the provisions of Article 102 of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users, the Client has the right to withdraw from the contract within a period of 14 calendar days without the need for justification.
The withdrawal period shall expire 14 calendar days from the day the contract was concluded.
To exercise the right of withdrawal, the Client must notify the Provider of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or email). The Client may use the standard withdrawal form available in the annex, although its use is not mandatory.
In order to comply with the withdrawal deadline, it is sufficient for the communication relating to the exercise of this right to be sent before the corresponding period has expired.
If the Client withdraws from the contract, all payments received from the Client shall be refunded, including, where applicable, delivery costs (with the exception of additional costs resulting from the Client’s choice of a form of delivery other than the least expensive ordinary form of delivery offered) without undue delay and, in any case, no later than 14 calendar days from the date on which the Provider is informed of the Client’s decision to withdraw from the contract.
The refund shall be made using the same means of payment used by the Client for the initial transaction, unless the Client has expressly agreed otherwise; in any case, the Client shall not incur any charges as a result of the refund.
However, and in accordance with Article 103 of the same law, the right of withdrawal shall not apply to the provision of services, once the service has been fully performed, when the performance has begun with the express prior consent of the consumer and user and with the acknowledgement that they shall lose their right of withdrawal once the contract has been fully performed by the Provider.
Regarding the provision of services for a specific date: It is understood that the right of withdrawal does not apply once the services related to recreational activities have been provided if the contract establishes a specific date or period of performance.
7. CHARACTERISTICS OF OUR PRODUCTS
The products offered on the Website are entrance tickets to the zoo, annual passes, experiences, activities, camps and other services related to Lloc de Menorca, the animal park of the island of Menorca. Each product has a detailed description of its characteristics on its product page.
The information about the products appears on the Website in the language chosen by the user, and will include:
– Name of the product/service.
– Price including taxes.
– Description of the characteristics of the product/service.
– Availability.
8. PRICES AND TAXES
The prices shown on the Website are the final prices and include taxes. These prices, unless otherwise stated, do not include delivery costs, handling or any other additional services and annexes to the product or service acquired.
The prices applicable to each product or service are those published on the Website and shall be applied automatically in the last phase of the purchase process.
The Client assumes that in any case the economic valuation of some of the products may vary in real time. In any case, the Provider shall always communicate to the Client in advance any applicable price changes.
Once the order has been placed, the Client shall receive an email confirming the details of the purchase made.
9. PAYMENT METHODS
The Client may pay the Provider by the payment methods enabled and indicated during the purchase process.
The Client must notify the Provider of any undue or fraudulent charge on the card used for purchases, by email or telephone, as soon as possible, so that the Provider can take the appropriate steps.
The Provider uses encrypted payment methods that guarantee the security of the transaction.
10. LIABILITY AND PRODUCT GUARANTEE
The Provider is liable for any lack of conformity that exists at the time of delivery of the product or provision of the service, in accordance with current legislation.
The Provider undertakes to resolve any incidence related to the contracted service with the utmost diligence. In the event that the Client is not satisfied with the service provided, they may submit a complaint through the means indicated in section 14 of these Conditions.
11. FORCE MAJEURE
The Provider shall not be liable for any failure to perform or delay in the performance of any of its obligations under the contract when such failure or delay is due to circumstances beyond its reasonable control, i.e., force majeure events.
Force majeure events shall include any act, event, failure to exercise, omission or accident beyond the Provider’s reasonable control, including, among others:
– Strike, lockout or other forms of industrial action.
– Civil disturbance, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation of war.
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.
– Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.
– Inability to use public or private telecommunication systems.
– Acts, decrees, legislation, regulations or restrictions of any government or public authority.
The performance of the Provider’s obligations under the contract shall be considered suspended for the period during which the force majeure event continues, and the Provider shall be granted an extension of time for the performance of its obligations equal to the duration of the force majeure event. The Provider shall use all reasonable means to end the force majeure event or to find a solution that allows it to fulfil its obligations under the contract despite the force majeure event.
12. ONLINE DISPUTE RESOLUTION
In accordance with Article 14(1) of Regulation (EU) 524/2013, the European Commission provides a free-of-charge online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.
13. APPLICABLE LEGISLATION
Access to, browsing and use of the Website and the contracts for the purchase of products through it shall be governed by Spanish legislation.
Any controversy, problem or disagreement arising from or related to access to, browsing or use of the Website, or to the interpretation and performance of these Conditions, or to the contracts for the sale of products between the Provider and the Client, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
14. CUSTOMER SERVICE / COMPLAINTS MANAGEMENT
For any incidents or complaints regarding products or services purchased through the Website, the Client may contact the Provider through the following means:
– By email to info@llocdemenorca.com.
– By telephone at +34 971372403.
– Through the contact form available on the Website.
The Provider undertakes to address and resolve any complaint or claim within a maximum period of one month from receipt.
15. EXTRAJUDICIAL DISPUTE RESOLUTION MECHANISMS
The Provider informs the Client of the existence of extrajudicial dispute resolution mechanisms. For this purpose, the Client may submit their complaints through the online dispute resolution platform of the European Union, available at the following link: https://ec.europa.eu/consumers/odr/.
Likewise, if the purchase was made in Spain, the Client may submit their complaints to the Consumer Arbitration Board of the Autonomous Community of the Balearic Islands, in accordance with the provisions of Royal Decree 231/2008 of 15 February, which regulates the Consumer Arbitration System.
