This website has been designed to publicize the Services offered by Hayes Charters SL a Spanish company with a Tax Identification Code number B57204414 and with registered office at Calle des Gallio 7a Cala d’Or, 07660 Santanyi, Illes Balears, Spain. The entity Mallorca Delights is part of Hayes Charters SL.
Mallorca Delights uses the main Internet portal www.mallorcadelights.com
You can contact us by contacting our email address firstname.lastname@example.org
RESPONSIBILITY ON THE WEB
The information contained in this web page must be considered by the Users as informative and guiding, both in relation to its purpose and its effects.
Mallorca Delights will make its best efforts to ensure the availability, without interruptions, of the Web Services, as well as the absence of errors in any transmission of information that may take place. However, and due to the very nature of the Internet, it is not possible to guarantee such extremes. Likewise, your access to the Web Services may occasionally be suspended or restricted for the purpose of carrying out repair or maintenance work, or the introduction of new products or services. Mallorca Delights will endeavor to limit the frequency and duration of such suspensions or restrictions.
Mallorca Delights will not be responsible for (i) any losses that were not attributable to any default on its part, (ii) business losses (including loss of earnings, income, contracts, expected savings, data, loss of the fund) trade or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the user had begun to use the Mallorca Delights Services. Neither will we be responsible for any delay or non-compliance with our obligations derived from these conditions if such delay or non-compliance is attributable to circumstances beyond our reasonable control.
Mallorca Delights reserves the right to update the contents when it deems it convenient, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the Web to Clients and Users who make a misuse of the contents and / or breach of any of the Conditions that appear in this document.
In any case, Mallorca Delights undertakes to solve any problems that may arise and to offer all the necessary support to the User to reach a quick and satisfactory solution to the incident.
INTELLECTUAL AND INDUSTRIAL PROPERTY
Mallorca Delights holds all the rights on the content, design and source code of this Web page and, especially, by way of example but not limitation, on the photographs, images, texts, logos, designs, brands, trade names and data that They are included on the Web. The intellectual property rights of the Web, its source code, design, navigation structures and the different elements contained therein are the property of Mallorca Delights, who is responsible for the exclusive exercise of their exploitation rights in any form and especially, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish and applicable European Union legislation.
Mallorca Delights informs that it does not grant any license or express or implicit authorization on the rights of intellectual and / or industrial property or on any other right or property related, directly or indirectly, with the contents included in the Web. The total or partial reproduction of the contents of the Web is totally prohibited, not even through a hyperlink, without the express written consent of Mallorca Delights. The unauthorized use of these contents will give rise to the legally established responsibilities. Mallorca Delights will not be responsible for the infractions made by Web Users that affect third parties.
The use of the contents of the Web domain is only authorized for informational and service purposes, provided that the source is cited or referred to, the User being solely responsible for the misuse of the same.
The reproduction, duplication, copying, sale, resale or exploitation of any type of the Mallorca Delights Services or any part thereof for commercial purposes is not allowed, in each case without our prior written consent.
It is also not allowed to use framing techniques to enter Mallorca Delights any trademark, logo or other information protected by copyright (including images, text, page designs or formats) without the corresponding prior written consent. The use of meta tags or any other “hidden text” using the Mallorca Delights names or trademarks is not permitted without our prior written consent.
Mallorca Delights GUARANTEES
The descriptions of the products displayed on the Web are made based on the information provided by the
Mallorca Delights providers. However, the information given about each product, as well as the photographs or videos related to them and the trade names, brands or distinctive signs of any kind contained on the Web, are exposed for guidance.
Mallorca Delights acts as a distributor of manufacturers that guarantee that the products presented for sale on the Web are in perfect condition and within the established consumption period.
At Mallorca Delights we do not sell products to children under 18 years of age.
APPLICABLE LAW AND JURISDICTION
The services provided on this website are subject to Spanish legislation. The parties, renouncing their own jurisdiction, if possible, submit to the Courts and Tribunals of Illes Baleares (Spain).
Mallorca Delights promotes third-party food, wine and other products through the subscription on the Web of a monthly subscription to a consulting service, selection, packaging and shipping of non-chilled gourmet food products that allows you to receive a box with items from ILLES BALEARS, Mallorca, Menorca, Ibiza and Formentera and / or buy the previous products sold separately in the online store Mallorca Delights.
In order to contract the products of the Web, it is necessary to be a resident in one of these countries: Spain, Germany, France, Austria, Belgium, Croatia, Estonia, Netherlands, Luxembourg, Poland, Czech Republic, Slovakia Rumania, Bulgaria, Greece, England, Ireland, Scotland, Wales, Denmark, Sweden, Finland (hereinafter, the “Territory”). The Client acknowledges that he accesses the Web from a country of said geographical area. It states that it accepts the link to this agreement and fully understands and accepts the Conditions set forth herein for using the Web and contracting the services and products offered therein.
Mallorca Delights operates through the Web (exclusively) for the Territory and (only) ships and provides the Services in the Territory.
Mallorca Delights undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to harm or negatively influence their goodwill. . The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws of the Buyer, Issuing Bank, Merchant, Cardholder, or cards.
This website does not sell its products to children under 18 years of age, without exception.
The Contract between the Client and Mallorca Delights (hereinafter, the “Contract”) will be formalized once the Client has validated the order for the services, duly completing the subscription request and paying for it. After having ordered the services, the Client will receive an Order Confirmation email confirming that we have received and accepted their order. The order implies acceptance of these Conditions of Contract. The Client must verify that the information provided by him, and subsequently collected in the Order Confirmation, is correct.
The Contract only covers the services subject to the Order Confirmation. We do not sign any commitment to deliver other services as long as the latter have not been the subject of a separate Order Confirmation.
Mallorca Delights allows the User to have the monthly subscription to the service by means of an advance payment subscription, Subscribing in Prepaid mode, The Client will make a single initial payment.
Subscription billing by purchasing a subscription product, you agree to pay the listed price on a recurring basis to be charged on the first of every month.
In addition, an initial payment will be charged immediately upon signing up and will cover the payment for the first monthly subscription box.
Mallorca Delights will automatically bill your credit/debit card provided during the initial purchase for the listed amount each month.
Subscriptions purchased as gifts are paid up for upfront and may not be refunded or cancelled.
If any fee cannot be charged to your credit card for any reason we may provide you by email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within 7 days after receiving notice of non-payment, then we terminate the subscription
After the period for which the Prepaid Subscription service was contracted, the Client will have to subscribe again to continue receiving the service.
The cancellation by the User of the Prepaid Subscription service, before its termination, will not give, under any circumstances, the right to return the proportional part not used. In the case of being a Gift Subscription product, payment will be made in a single term.
Subscription is established: – For a minimum of one (1) month and renewed by tacit agreement every month. The Customer can terminate his subscription after a minimum period of one (1) month. The customer wishing to terminate its membership must notify Mallorca Delights before the day of the month the recurring automatic payment is charged, (example the date you subscribed is the 25th November so the next payment will be taken on 25th December)using the Website’s features designed for this purpose. For subscription payments taken of the month, the Customer will receive the subscription box selected by the Mallorca Delights during the current month. For subscriptions activated or purchased after the recurring payment has been charged, the Customer will receive subscription box selected by Mallorca Delights the month following the subscription. Customers whose contract is valid also benefit from exclusive prizes reserved for them. When a subscription, it is the Customer who‘s responsible for verifying that the subscription complies with their own choices (personal data, delivery mode, any options or subscription formula category, place of delivery and / or billing products, etc.). At no point will the company Mallorca Delights refund money to the customer and/or member at the point of account termination and/ or suspension. also expressly reserve the right to study case by case each subscription submission by a Member or Customer and can accept or reject on any basis it deems appropriate. The Member or Customer acknowledges and accepts this. In case of rejection of a subscription membership in this framework, Mallorca Delights will inform the Customer/s as soon as possible.
Mallorca Delights, apart from the Prepaid Subscription service, will allow the shipment of some products available at Mallorca Delights web shop without having a periodic subscription character: previous versions of the subscription boxes and or gift boxes. This service will be duly advertised on the Web, and its purchase will be totally independent of the other existing modality (Prepaid Subscription), not having in any case the character of recurring subscription. To subscribe to this unique service, proceed as described in the sections referring to the cancellation and return period.
The Client who so requests will receive the electronic invoice of their purchase in PDF format in the email they have communicated.
Mallorca Delights only sells products in quantities corresponding to the content described. This applies both to the number of products requested in the same order and to the case in which the customer chooses to place several orders for the same product.
In the case of damage or loss to the merchandise, the Customer must indicate at the time of delivery and in writing on the delivery note what such damage or faults consist of (the Customer must check the good condition of the package with the carrier that, for Mallorca Delights account deliver the requested product). Otherwise, it is presumed that the merchandise has been delivered correctly.
If the damages or losses were impossible to appreciate at the time of delivery, a written claim must be made to Mallorca Delights within a period not exceeding 14 calendar days and prove that said damages or losses are attributable to Mallorca Delights.
In order to proceed with the processing of claims for damage or breakage in any form of contracting, it will be essential to preserve the packaging of the damaged goods by the Client and display them to the carrier’s personnel.
RIGHT OF WITHDRAWAL. CONDITIONS AND RETURN PROCESS
All products purchased on the Web may be returned and refunded, provided that the Client communicates to Mallorca Delights his intention to return the products purchased within a maximum period of fourteen (14) calendar days from the date of delivery, and always that the rest of the conditions established in this section are met.
Mallorca Delights will only accept returns that meet the following requirements:
The product must be in the same state in which it was delivered and must keep its original packaging and labeling,
The shipment must be made using the same bag and box in which it was received to protect the product.
A copy of the delivery note must be included in the package, where the returned products and the reason for the return are also marked.
To proceed with a return, the Client must follow the following steps:
Inform within fourteen (14) calendar days from receipt that the product wants to be returned. The information must be made via email to email@example.com
Mallorca Delights will inform the Client of the address to which the product must be shipped.
The Client must send it through a courier company of their choice. The costs of the return must be borne by the Customer, except when the reason for the return is attributable to Mallorca Delights (the product is defective), in which case the amount of the return will be refunded.
Inform the courier company used, date and time of the return.
If the cause of the return is a manufacturing defect of the product, and its replacement is not possible, Mallorca Delights will inform the Client of this circumstance and will proceed to pay the proportional amount corresponding to the product in relation to the total amount paid for the service in that month. Mallorca Delights will also reimburse the Customer for the shipping costs corresponding to this incident.
In the event that the return is not caused by a defect in the product but is made as an exercise of the Customer’s right of withdrawal, the latter must bear the direct costs of returning the items, and will be responsible for the decrease in the value of the returned goods due to handling of the items.
The refund of amounts paid will be carried out as soon as possible and, in any case, within thirty days of receipt of the Box at the Mallorca Delights warehouses.
In any case, the Client will not bear any fee that could be derived from said refund.
Exceptions to the right of withdrawal
The right of withdrawal will not be applicable to the delivery of:
Products that do not allow their return due to hygiene or health protection reasons if they have been unsealed by you after delivery, or that were, after delivery, inseparably mixed with other products;
Products that can deteriorate or expire quickly (for example food or products subject to expiration date);
Goods made according to the Customer’s specifications or clearly personalized;
Alcoholic beverages whose price has been agreed at the time the order was placed and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that we cannot control.
PRICES AND AVAILABILITY
The price of the services will be those that appear on the Web except in cases of obvious error. The Services will be billed at the price in force at the time of order registration.
The prices of the services include VAT and other taxes that may correspond, as stipulated by law at the time of order registration. Shipping costs are borne by the User and are calculated automatically according to three criteria: the country of destination, the number of services and the chosen shipping option. They are always detailed and expressly throughout the purchase process and can be reviewed before finalizing the order.
The prices of the Services are subject to change at any time, without these changes affecting orders about which we have already communicated an Order Confirmation. Mallorca Delights serves the right to change its prices at any time. Likewise, Mallorca Delights has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. Mallorca Delights reserves the right to modify the Conditions of application of the promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants in the promotion in the event of detecting any anomaly, abuse or unethical behavior in the participation thereof.
Mallorca Delights informs the Client that the number of products available is kept up-to-date with the stocks in stock and the availability of our suppliers. In no case will Mallorca Delights intentionally put more units for sale than it has.
Mallorca Delights will do everything possible to please all its Clients in the demand for the products. However, on occasions and due to causes beyond Mallorca Delights such as human errors or incidents in the computer systems, it is possible that the quantity finally served by the supplier differs from the order made by Mallorca Delights to satisfy the Clients’ orders.
If one or more requested products are not available, Mallorca Delights undertakes to inform the customer as soon as possible. The client’s order will therefore be canceled and the amount paid, duly refunded.
The means of payment will be: Credit or debit card, PayPal or bank transfer, It is not allowed to use data or third-party payment instruments.
In the case of a bank transfer, the order will be considered completed and will be confirmed by e–mail when we receive the transfer in the bank account of Hayes Charters SL IBAN: ES55 0019 0137 1040 1000 4851
BIC: DEUTES BB. The Client must send the proof of payment to the email firstname.lastname@example.org and the order will be sent after receiving the payment on working days from 24h to 72h. If we have not receive the transfer within 5 business days, we will understand that the Client has no interest in contracting, and it will be canceled without prior notice.
Mallorca Delights uses all means to guarantee the
confidentiality and security of the data transmitted through the web and on the website www.mallorcadelights.com For this reason, the website uses a secure payment system SSL (Secure Socket Layer).
To perfect the Contract between the parties it will be necessary to accept payment of the same. The means of payment accepted by Mallorca Delights are VISA or
MASTERCARD credit cards, debit cards PayPal and bank transfer.
To guarantee the security of the transaction, Mallorca Delights has the maximum security measures commercially available in the sector, those provided by the financial institution that provides the Virtual POS.
The payment will be charged upon contracting the service. In case of denial of payment by the bank, Mallorca Delights may terminate the contractual relationship and suspend the execution of the order, notifying the Client. Mallorca Delights reserves the right of ownership over the goods requested by the Client until confirmation of full payment of the order.
The purchase receipt corresponding to the order will be available and can be viewed on the Web in the “My account” section. The Client who wishes to receive an invoice must specify it when requesting their subscription to the service. In case you have not specified it and wish to receive an invoice, it will be enough for you to request it by email to the address email@example.com
The Client must notify Mallorca Delights of any undue or fraudulent charge on the card used for purchases, by email to the address firstname.lastname@example.org in the shortest possible time so that Mallorca Delights can take the appropriate steps.
Mallorca Delights is not the manufacturer of the products sold on the website. Although we strive to ensure that the information that appears on our website is correct, sometimes the packaging and materials of the products may contain additional or different information than that that appears on our website.
Orders placed on the Web may be subject to taxes and customs duties. These fees have to be assumed by the client and are his sole responsibility. Mallorca Delights is not obliged to check and inform customers of customs duties and taxes. Customers will have to consult the tax authorities of their country. However, Mallorca Delights recommends its clients to get in touch if such an experience occurs, to receive assistance at email@example.com
DELIVERY OF PRODUCTS
Mallorca Delights undertakes to deliver the product in perfect condition to the address indicated by the Client and which, in any case, must be within the Territory. In order to optimize the delivery process, the address indicated by the Customer must be an address where delivery can be made during normal business hours (Monday to Friday from 9 a.m. to 6 p.m., excluding the calculation of deadlines on holidays in the locality of origin and destination).
Mallorca Delights will not be responsible for the errors or damages caused in the delivery when the delivery address entered by the Customer does not match the delivery location desired by the Customer. In those cases that, due to the weight, volume or characteristics of the property where the delivery or collection is to be made, it could not be made.
Shipments are delivered to the address provided by the Client. Delivery times may be affected by organizational reasons of the carrier depending on the destination. A delay in delivery shall not be considered to be one caused by the Client’s absence or change of address, unknown address, closing for vacations, late deliveries on second or subsequent delivery attempts, force majeure or acts of God, or any other not attributable Mallorca Delights. In cases of delays in deliveries, Mallorca Delights will inform its Clients as soon as it becomes aware of them.
The approximate delivery times according to the contracted service are as follows:
In case of subscription boxes (Prepaid Subscription Service): Every Monday or Tuesday after the subscription date. (for all subscriptions contracted before the end of the previous month), in case this is not possible due to exceptional
circumstances within 21 days after payment is received.
In the case of products purchased at Mallorca Delights web shop: depending on the Territory within 5–21 days after payment of the Service, except in exceptional circumstances.
Delivery is considered made from the moment the product has been made available to the Customer at the delivery location indicated by the Customer. Delays in delivery will not be considered those cases in which the order has been made available to the Client by the transport company within the agreed period and could not be delivered for reasons attributable to the Client.
Unless otherwise indicated on the website, the estimated delivery times are mere estimates. They are not guaranteed delivery times and therefore cannot be taken for granted.
Mallorca Delights contracts, as part of the Courier Delivery Service, to carry out a series of follow-up actions, aimed at ensuring that delivery occurs. The price of the service includes delivery notices. In the event that delivery attempts are exhausted (variable according to the Territory), an additional cost will be generated to make a new delivery (with expenses borne by the client). Therefore, it is very important that there is a contact person available at the address on the date of pick-up and delivery indicated.
If at the time of delivery of the product to the indicated address, the Client is absent, the carrier will leave a notice indicating how to proceed to arrange a new delivery after five (5) days. If, after fifteen (15) business days from the date of the notice, the Client has not contacted the carrier to arrange a new delivery date, the products will be returned to Mallorca Delights warehouses and the Client must do so. charge of shipping and return costs, as well as possible associated management costs.
If the reason the delivery could not be made is the loss of the package, our carrier will initiate an investigation. In these cases, the response times of our carriers usually range from one to three weeks.
APPLICABLE LEGISLATION AND JURISDICTION
These General Conditions of Use are subject to Spanish legislation. The parties, renouncing their own jurisdiction, the applicable law will be Spanish.
Any other questions contact us by contacting our email address firstname.lastname@example.org
MODIFICATION OF THE CONTRACTING CONDITIONS
Mallorca Delights reserves the right to make changes to its website. The client will be subject to the terms and conditions in force at the time he places his order, unless, by law or upon request by public authorities, a change to said terms and conditions must be made (in which case, such Changes may apply to any orders you have previously made.) If any of these conditions is declared invalid, void or for any ineffective cause, said condition will be understood to be excluded without said declaration affecting the validity or the enforceability of the other conditions.
Mallorca Delights wants to let its Clients and Users know that it is aimed exclusively at a public over 18 years of age (the Client must be of the legal minimum age for the purchase of alcoholic beverages). In the case of contracting by minors, the authorization of the parents or legal guardians is required to enjoy the contracted Service.
RESPONSIBILITY FOR THE SERVICE PROVIDED
Mallorca Delights is not responsible for direct or indirect and / or intangible damages, including personal injury, suffered as a result of the use of the services, loss of reputation, image, or data, that may occur during the use of the services. The products that make up Mallorca Delights Boxes and those offered at Mallorca Delights web shop have been certified and have passed all the relevant sanitary controls, to be made available to the general public, any damage caused by them must be claimed directly from the manufacturer, Mallorca Delights declines any responsibility in this regard. In particular Mallorca Delights cannot be held responsible for any allergic reaction that the products may cause. It is the responsibility of the User to take into account the dates of preferential consumption,
Mallorca Delights will not be responsible for any failure or delay in the fulfillment of any of its contractual obligations caused by events beyond its control and will (force majeure). Force majeure means any unforeseeable and exceptional situation or event, or independent of the will of the contracting parties and in particular (without limitation) the following: Strikes, lockouts or any other collective action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat of war. Fires, explosions, storms, floods, earthquakes, landslides, epidemics, or other natural disasters. The impossibility of using the railway, maritime, air transport, or motorized land or other means of public or private transport. Impossibility of use of public or private telecommunications networks, and laws, decrees, regulations or restrictions of any government.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The User may not assign and / or transmit the rights and obligations related to these General Conditions or the acquisition of products and / or services through the Web, without the prior express written authorization of Mallorca Delights may freely assign and / or transmit, at any time and without the authorization of the User, the rights and obligations related to these General Conditions or to the acquisition of products and / or services through the Web.
All communications between Mallorca Delights and the User regarding these General Conditions or the acquisition of services through the Web, will be made in writing and in accordance with the communication procedures established in these General Conditions for each particular case. For the rest of cases that are not expressly regulated in these General Conditions, the communications that the User intends to send to Mallorca Delights will be sent to the address email@example.com and will be made in writing and through a system that allows the content to be accredited, and the reception by Mallorca Delights of the corresponding communication.
INTEGRITY OF THE GENERAL CONDITIONS
The present General Conditions of Use and the Contract signed by the Client signed with Mallorca Delights constitute the express and sole will of the Client and Mallorca Delights in relation to its object and invalidates and replaces any other agreements or Contracts, verbal or in writing, reached by the parties previously. Any modification of the Contract that documents the provision of the Services, must be made in writing and by mutual agreement between the Client and Mallorca Delights.
Mallorca Delights expressly guarantees that the data provided by the Client is kept with absolute confidentiality and that it takes all necessary measures to protect the confidentiality of the personal information of its Clients. Only authorized employees have access to the databases that store User information or to the servers that host our Service.
Mallorca Delights reserves the right to modify its confidentiality policy due to a legislative, jurisprudential change or in accordance with its criteria or business practice.
Processing of personal data.
In order to process your order and assign the rights to reproduce the images to our Clients, we require you to provide us with certain personal data such as the NIF or Identity Document, name and surname, address, telephone number and e-mail which are treated as computerized form. The Client expressly authorizes that such data be archived in our Client database for the provision of web services and for sending communications.
In accordance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data (LOPD) and in the development regulations, the Client may, at any time, access, modify or request that we cancel their personal information from our database by sending an email firstname.lastname@example.org.
The treatment and management of the same complies with the provisions of Royal Decree 994/1999, of June 11, which approves the regulation of security measures for automated files containing personal data. Mallorca Delights under no circumstances sells information about its Clients to third parties, nor will it transfer any of its data.
By the mere visit to the Web, the Users do not provide any personal information or are obliged to provide it.
Data collection forms.
The User will continue to receive commercial information from Mallorca Delights even though they have unsubscribed from the subscription and purchase service that they had previously contracted. However, if you wish, you can stop receiving the commercial information of Mallorca Delights and its portals, sending an email to email@example.com indicating in the email title “Stop Commercial Information”, in which case you will be exercising your Right of Cancellation for the purposes of the LOPD and no more notifications will be sent to you.