General Conditions

GENERAL CONDITIONS

Conditions - clubibiza.store

Terms and Conditions

Index:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection

Article 8 - Exercise of the right of withdrawal by the consumer and costs

Article 9 - Obligations of the trader in case of withdrawal

Article 10 - Exclusion of withdrawal right

Article 11 - The price

Article 12 - Compliance and Warranty extension

Article 13 - Delivery and execution

Article 14 - Extended duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Additional or different terms

Article 1 - Definitions

In these conditions apply:

1. Supplementary Agreement means an agreement whereby the consumer products, digital content

and / or services acquired in connection with a distance contract and these goods, digital content and /

or services are provided by the trader or by a third party on the basis of an agreement between the third

party and the trader;

2. Graceperiod: the period within which the consumer can exercise his right of withdrawal;

3. Consumer: the natural person who is acting for purposes relating to his trade, business, craft or

profession;

4. Day: calendar day;

5. Digital content means data which are produced and supplied in digital form;

6. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or

digital content for a certain period;

7. Durable medium: any device - including also e-mail - that the consumer or business that enables

information to him personally, store in a way that future consultation or use for a period appropriate to

the purpose for which it was intended, and which allows the unchanged reproduction of the information

stored;

8. Right of withdrawal: the ability of the consumer to see within the waiting period of the contract;

9. Entrepreneur: the natural or legal products, (access) digital content and / or remote services to the

consumer;

10 Distance contract: an agreement to be concluded within the framework of an organized system for

distance selling of goods, digital content and / or services, up to and including the conclusion of the

contract made solely or partly use between the trader and the consumer is one or more means of

distance communication;

11. Model withdrawal form: the European model withdrawal form set out in Appendix I of these

conditions. Annex I need not be made available to the consumers in respect of the order has no right of

withdrawal;

12. Technology for distance communication: means that can be used to conclude a contract,

without the consumer and entrepreneur have to be together in the same room.

Article 2 - Identity of the entrepreneur

ClubIbiza Webshop B.V.

Sweelinckplein 1

2517GK 's-Gravenhage

Netherlands

Bezoekadres:

Sweelinckplein 1

2517GK 's-Gravenhage

Netherlands

Telefoonnummer: 0031646537422

E-mailadres: info@clubibiza.store

KvK-nummer: 66395380

Btw-identificatienummer: NL856532083B01

If the activity of the entrepreneur is subject to a relevant licensing regime:

details of the supervisory authority.

If the entrepreneur a regulated profession:

-the professional association or organization with which he is affiliated;

-the professional title, the place in the EU or the European Economic Area in which it was granted;

-a reference to the professional rules applicable in the Netherlands and instructions where and how

these professional rules accessible.

Article 3-Applicability

1.These general conditions apply to every offer of the entrepreneur and any agreement reached at a

distance between businesses and consumers.

2.Before the contract is concluded, the text of these general conditions made available to the consumer.

If this is not reasonably possible, the trader will before the contract is concluded, indicate how to see the

general conditions for the entrepreneur and that they be sent free of charge as soon as possible, at the

request of the consumer.

3.If the contract is concluded electronically away, notwithstanding the preceding paragraph and before

the contract is concluded, the text of these general conditions are made electronically available to the

consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this

is not reasonably possible, before the contract is concluded, indicated where the general conditions can

be inspected electronically and that at the request of the consumer electronically or otherwise will be

sent free of charge.

4.In the event that besides these general conditions also specific product or service conditions apply,

the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on

the applicable provision that is most favorable to him .

Article 4 - The offer

1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.

2. The offer contains a complete and accurate description of the offered products, digital content and /

or services. The description is sufficiently detailed to allow a proper assessment of the offer by the

consumer. If the contractor uses these images are a truthful representation of the products, services

and / or digital content. Obvious mistakes or errors in the offer binding on the entrepreneur.

3. Each offer contains such information that is clear to the consumer what rights and obligations are

involved in accepting the offer.

Article 5 - The contract

1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer

accepts the offer and meet the corresponding conditions.

2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge

electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by

the operator, the consumer may rescind the contract.

3. If the agreement is created electronically, the trader will take appropriate technical and organizational

measures to protect the electronic transfer of data and he will ensure a secure web environment. If the

consumer can pay electronically, the trader will take appropriate safety precautions.

4. The entrepreneur can within the law - inform the consumer's ability to meet its payment obligations,

and of all those facts and factors that are important to a sound conclusion of the distance contract. If the

operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an

order or request or to attach special conditions to the implementation.

5. The entrepreneur will look upon delivery of the product, service or digital content to the consumer the

following information in writing or in such a way that it can be stored by the consumer in an accessible

manner on a durable medium, send:

a. the address of the establishment of the business where consumers can lodge complaints;

b. the conditions under which and the manner in which the right of withdrawal consumer can be exercised,

or a clear statement regarding the exclusion of the right of withdrawal;

c. information on guarantees and after sales service;

d. the price including all taxes of the product, service or digital content; where applicable, the delivery costs;

and the method of payment, delivery or performance of the contract;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or

is indefinite;

f. If the consumer has a right of withdrawal and the model withdrawal form.

6. In the event of an extended transaction is the provision in the previous paragraph applies only to the

first delivery.

Article 6 - Right of withdrawal

For products:

1. The consumer may rescind an agreement regarding the purchase of a product during a cooling-off

period of 14 days without giving any reason. The operator may ask the consumer about the reason for

withdrawal, but does not commit to stating his reason (s).

2. In paragraph 1 period begins on the day after the consumer, or a pre-designated by the consumer

third party other than the carrier has received the product, or:

a. if the consumer ordered several products in the same order: the day on which the consumer or a third

party designated by him, has received the final product. The operator may, provided that he has informed

the consumer here prior to the ordering process in a clear manner, refusing an order for multiple products

with different delivery time.

b. if the supply of a product consisting of multiple lots or pieces, the day on which the consumer or a third

party designated by the final shipment or the last item has been received;

c. the contract is for regular delivery of goods during a certain period, the day on which the

consumer or a third party designated by him, received the first product.

In services and digital content which is not supplied on a tangible medium:

3. The consumer has a service contract and a contract for the supply of digital content which is not

supplied on a tangible medium dissolve for at least 14 days without giving any reason. The operator

may ask the consumer about the reason for withdrawal, but does not commit to stating his reason (s).

4. The waiting period referred to in paragraph 3 shall begin on the day following the conclusion of the

contract.

Extended cooling-off period for products, services and digital content which is not supplied on a tangible

medium by not informing right of withdrawal:

5. If the entrepreneur consumer statutory notice of the withdrawal right or the standard form does not

provide for withdrawal, the withdrawal period shall expire twelve months after the end of the original

period of reflection determined in accordance with the preceding paragraphs of this article.

6. If the trader has provided the consumer information referred to in the preceding paragraph within

twelve months after the effective date of the initial grace period, the grace period will expire 14 days

from the day the consumer receives that information.

Article 7 - Obligations of the consumer during the reflection

1. During this period the consumer will treat the product and packaging. He will only extract the product

or use to the extent that is necessary in order to determine the nature, characteristics and functioning of

the product. The premise here is that the consumer should only handle and inspect the product as he

would be allowed to do in a shop.

2. The consumer shall only be liable for diminished value of the product which is the result of a way of

dealing with the product beyond permitted in paragraph 1.

3. The consumer is not liable for diminished value of the product as the entrepreneur him not to or at

the conclusion of the agreement has provided all information required by law about the right of

withdrawal.

Article 8 - Exercise of the right of withdrawal by the consumer and costs

1. If the consumer exercises his right of withdrawal, he shall within the cooling-off period using the

model withdrawal form or any other unequivocal manner to the entrepreneur.

2. As soon as possible but within 14 days from the day following the notification referred to in paragraph

1, the consumer shall return the product, whether he hands it to (a representative of) the entrepreneur.

This need not be if the trader has offered to collect the product. The consumer is back transmission

period observed in any case like to return the product before the waiting period has expired.

3. The consumer shall send back the product with all accessories, if reasonably possible in original

condition and packaging, and in accordance with the reasonable and clear instructions provided by the

entrepreneur.

4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the

consumer.

5. The consumer must bear the direct cost of returning the product. If the trader has not notified the

consumer has to bear them or if the operator indicates to bear the costs themselves, consumers do not

bear the return shipping costs.

6. If the consumer withdraws after first having expressly requested that the provision of the service or

the supply of gas, water or electricity which are not put up for sale in a limited volume or certain amount

begin during the withdrawal period, the consumer, the entrepreneur amount due proportion to that part

of the commitment which is fulfilled by the entrepreneur at the time of withdrawal, compared to the full

performance of the obligation.

7. The consumer shall bear no cost for the performance of services or the supply of water, gas or

electricity, where they are not put up for sale in a limited volume or quantity, or the supply of district

heating, provided that:

a. the entrepreneur consumer statutory notice of the withdrawal right, the allowance has

not been provided in case of withdrawal and the model withdrawal form, or;

b. the consumer does not explicitly the beginning of the implementation of the service or

supply of gas, water, electricity or district heating requested during the reflection period.

8. The consumer shall bear no cost for the total or partial delivery of digital content not supplied on a

tangible medium where:

a. he prior to their delivery has not expressly agreed to the start of the fulfillment of the

contract before the end of the reflection period;

b. he has not acknowledged that he loses his right of withdrawal when giving his consent;

whether

c. the trader has failed to confirm this consumer statement.

9. If the consumer exercises his right of withdrawal, canceled all additional agreements of law.

Article 9 - Obligations of the trader in case of withdrawal

1. If the entrepreneur notification of withdrawal by the consumer electronically allows, it sends an

acknowledgment immediately upon receipt of this notification.

2. The trader shall reimburse all payments the consumer, including any delivery costs incurred by the

operator will be charged for returned product, immediately but within 14 days following the day on which

the consumer notifies him of the withdrawal. Unless the trader offers to collect the product itself, he may

wait to return until he has received the product or the consumer demonstrates that he has returned the

product, whichever is the earlier.

3. The entrepreneur uses the same means of payment used by the customer for reimbursement unless

the consumer agrees to a different method. The repayment is free of charge for consumers.

4. If the consumer has opted for a more expensive method of delivery than the cheapest standard

delivery, the trader does not have to reimburse the additional costs of the more expensive method.

Article 10 - Exclusion of withdrawal right

The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if

the entrepreneur clearly in the offer, at least in time for the conclusion of the agreement, stated:

1. Goods or services whose price is dependent on fluctuations in the financial market outside the

trader's control, which may occur within the withdrawal period;

2. Contracts concluded at a public auction. Under a public auction means a method of sale where

goods, digital content and / or services offered by the trader to the consumer who attends or is given

the opportunity to be personally present at the auction, conducted by an auctioneer and where the

successful bidder is bound to purchase the goods, digital content and / or services;

3. Service contracts, after full implementation of the service, but only if:

1.the performance has begun with the explicit prior consent of the consumer; and

2. the consumer has stated that he will lose his right of withdrawal once the operator has

completed the agreement;

4. Package tours referred to in Article 7: 500 BW and agreements of passenger transport;

5. Service contracts for provision of accommodation, as in the agreement a specific date or period

of performance features and other than for residential purpose, transport of goods, car rental

services and catering;

6. Agreements related to leisure activities, a specific date or period of execution provided for in the

agreement;

7. According to specifications for products manufactured by the consumer, not prefabricated and

manufactured on the basis of an individual choice or decision by the consumer or which are clearly

intended for a specific person;

8. Products that spoil quickly or have a limited shelf life;

9. Sealed products that are not suitable for reasons of protection of health or hygiene to be

returned and which were unsealed after delivery;

1. 10. Products that are inseparably mixed after delivery by their nature with other products;

11. Alcoholic beverages, the price is agreed upon conclusion of the contract, the delivery of which

can only take place after 30 days and the actual value is dependent on fluctuations in the market

on which the entrepreneur has no influence;

12. Sealed audio, video recordings or computer software which were unsealed after delivery;

13. Newspapers, periodicals or magazines, except for subscriptions to this;

14. The supply of digital content other than on a tangible medium, but only if:

1. the performance has begun with the explicit prior consent of the consumer; and

2. the consumer has stated that he thus loses his right of withdrawal.

Article 11 – The price

1. During the period mentioned in the offer prices of the products and / or services have not increased,

except for price changes due to changes in VAT rates.

2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject

to fluctuations in the financial market and where the entrepreneur has no control, at variable prices. These

fluctuations and the fact that any price targets, are at the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from

legislation or regulations.

4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has

agreed and:

they are the result of legislation or regulations; whether

the consumer is authorized to terminate the contract with effect from the date the increase takes effect.

5. The prices include VAT mentioned in the supply of products or services.

Article 12 – Compliance Agreement and extended warranty

1. The operator guarantees that the products and / or services meet the contract specifications stated in

the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the

agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also

ensure that the product is suitable for other than normal use.

2. By the trader, its supplier, manufacturer or importer provided additional guarantee restricted never

legal rights and claims that consumers can do under the contract against the trader valid where the trader

has failed to fulfill its part of the agreement.

3. Among additional guarantee means any undertaking by the trader, its supplier, importer or producer

certifying that certain rights or claims to the consumer grants beyond which it is required by law in case he

failed to fulfill his part of the agreement .

Article 13 – Delivery and execution

1. The trader will take the greatest possible care when receiving and implementing orders for products

and when assessing applications for the provision of services.

2. The place of delivery is the address that the consumer has made known to the trader.

3. Subject to what is stated in Article 4 of these terms and conditions, the company will accepted orders

expeditiously but not later than 30 days, unless a different delivery period has been agreed. If delivery is

delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days

after placing the order. The consumer in this case the right to terminate the contract without penalty and be

entitled to any compensation.

4. After dissolution in accordance with the preceding paragraph, the operator the amount paid by the

consumer to repay immediately.

5. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the

consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed

otherwise.

Article 14 – Extended duration transactions: duration, termination and renewal

Termination:

1. The consumer may contract for an indefinite period, which extends to the regular delivery of products

(including electricity) or services, at any time denounce the applicable termination rules and a notice of up

to one month.

2. The consumer may contract concluded for a definite period and that extends to the regular delivery of

products (including electricity) or services, at any time at the end of the terminate fixed-term compliance

with the applicable termination rules and a notice of more than one month.

3. Consumers can the agreements referred to in the preceding paragraphs:

1. withdraw and not be limited to termination at a particular time or in a given period;

2. At least cancel the same way as they are concluded;

3. Cancel at the same notice as the company has negotiated for itself.

Extension:

4. A contract for a definite period and that extends to the regular delivery of products (including electricity)

or services may not be automatically extended or renewed for a fixed duration.

5. Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends

to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited

period of up to three months, as consumers against this extended agreement the end of the extension may

terminate with a notice period of up to one month.

6. A contract for a definite period and that extends to the regular delivery of products or services may be

tacitly renewed for an indefinite period if the consumer may at any time terminate with a notice period of up

to one month. The notice period shall not exceed three months in case the agreement extends to the

regular, but less than once a month, delivering daily, weeklies and magazines.

7. A contract with a limited duration of regular delivery of dailies, weeklies and magazines (trial or

introductory subscription) will not continue in silence and ends automatically after the trial or introductory.

Duration:

8. If a contract has a duration of more than one year, after a year, the consumer should the agreement at

any time terminate with a notice period not exceeding one month, unless the reasonableness and fairness

oppose termination before the end of the agreed term.

9.

Artikel 15 - Betaling

1. Voor zover niet anders is bepaald in de overeenkomst of aanvullende voorwaarden, dienen

de door de consument verschuldigde bedragen te worden voldaan binnen 14 dagen na het ingaan

van de bedenktermijn, of bij het ontbreken van een bedenktermijn binnen 14 dagen na het sluiten

van de overeenkomst. In geval van een overeenkomst tot het verlenen van een dienst, vangt deze

termijn aan op de dag nadat de consument de bevestiging van de overeenkomst heeft ontvangen.

2. Bij de verkoop van producten aan consumenten mag de consument in algemene

voorwaarden nimmer verplicht worden tot vooruitbetaling van meer dan 50%. Wanneer

vooruitbetaling is bedongen, kan de consument geen enkel recht doen gelden aangaande de

uitvoering van de desbetreffende bestelling of dienst(en), alvorens de bedongen vooruitbetaling

heeft plaatsgevonden.

3. De consument heeft de plicht om onjuistheden in verstrekte of vermelde betaalgegevens

onverwijld aan de ondernemer te melden.

4. Indien de consument niet tijdig aan zijn betalingsverplichting(en) voldoet, is deze, nadat hij

door de ondernemer is gewezen op de te late betaling en de ondernemer de consument een termijn

van 14 dagen heeft gegund om alsnog aan zijn betalingsverplichtingen te voldoen, na het uitblijven

van betaling binnen deze 14-dagen-termijn, over het nog verschuldigde bedrag de wettelijke rente

verschuldigd en is de ondernemer gerechtigd de door hem gemaakte buitengerechtelijke

incassokosten in rekening te brengen. Deze incassokosten bedragen maximaal: 15% over

openstaande bedragen tot € 2.500,=; 10% over de daaropvolgende € 2.500,= en 5% over de

volgende € 5.000,= met een minimum van € 40,=. De ondernemer kan ten voordele van de

consument afwijken van genoemde bedragen en percentages.

Article 16 – Complaints

1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.

2. Complaints about the implementation of the agreement should take place promptly after the consumer

has found the defects are defined clearly and completely submitted to the operator.

3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a

foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming

receipt and indicating when the consumer can expect a more detailed answer.

4. The consumer the trader at least four weeks should allow time to resolve the complaint by mutual

agreement. After this period, a dispute that is subject to dispute.

Article 17 – Disputes

1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.

Article 18 – Additional or different terms

Additional or of these terms and conditions, may not be to the detriment of consumers and should be

recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a

durable medium.