Terms & Conditions

Article 1: General Provisions

Definitions:

  • Ibiza Marketplace: the digital marketplace offered via the mobile application and website, hereinafter referred to as "the Platform".
  • User: any natural or legal person using the Platform, including but not limited to advertisers and buyers.
  • Advertiser: a User who offers goods or services on the Platform.
  • Buyer: a User who purchases goods or services from an Advertiser via the Platform.

Applicability:

  • These general terms and conditions apply to all use of the Platform and to all agreements and legal acts between Ibiza Marketplace and Users, unless otherwise agreed in writing.
  • Deviations from these general terms and conditions are only valid if they have been recorded in writing and signed by both parties.

Purpose of the Platform:

  • Ibiza Marketplace offers a platform where Users can buy and sell goods and services.
  • Ibiza Marketplace acts solely as an intermediary and is not a party to the agreement concluded between Users.

Changes:

  • Ibiza Marketplace reserves the right to change these general terms and conditions at any time.
  • Amended terms and conditions will be announced via the Platform and will take effect fourteen (14) days after the announcement, unless otherwise indicated.
  • If a User does not agree with the amended terms and conditions, he/she must cease using the Platform before the effective date of the new terms and conditions.

Applicable Law and Disputes:

  • These general terms and conditions and all agreements arising from them are exclusively governed by Dutch law.
  • Disputes arising from or related to these general terms and conditions will be submitted to the competent court in the district where Ibiza Marketplace is established.

Article 2: Use of the Platform

2.1 Registration

  • Users must create an account by providing accurate and up-to-date information, including name, valid email address, and any other required data.
  • Users are responsible for keeping their login details confidential and for all activities that occur under their account.
  • It is not permitted to register multiple accounts without prior permission from Ibiza Marketplace.

2.2 User Obligations

  • When placing advertisements, users must provide complete, accurate, and truthful information about the offered goods or services.
  • Users must refrain from posting misleading or fraudulent information and from offering goods or services they cannot deliver.
  • Communication with other users must be respectful and in accordance with generally accepted norms and values.
  • Users must comply with all applicable laws and regulations when using the Platform.

2.3 Prohibited Uses

  • It is prohibited to post illegal, offensive, or otherwise inappropriate content, including but not limited to:
    • Drugs, weapons, and other prohibited substances or objects.
    • Pornographic or explicit material.
    • Stolen goods or items that infringe on third-party intellectual property rights.
  • Spamming, sending unsolicited messages, or posting repetitive advertisements is not allowed.
  • It is forbidden to circumvent the security measures of the Platform or attempt to gain unauthorized access to parts of the Platform.
  • Users may not use the Platform for activities that may disrupt its functionality, such as spreading viruses or other harmful software.

Article 3: Placing Advertisements

3.1 Advertisement Rules

  • Advertisements must contain clear and truthful information about the offered goods or services, including relevant details such as price, condition, and availability.
  • It is prohibited to offer the following products or services:
    • Illegal goods or services according to Spanish legislation.
    • Counterfeit or imitation products that infringe on third-party intellectual property rights.
    • Animals, weapons, drugs, and other regulated or prohibited items.
  • Advertisements may not contain misleading information and must adhere to truthfulness and accuracy.
  • The use of offensive, discriminatory, or otherwise inappropriate language in advertisements is not allowed.
  • Each advertisement must be placed in the most relevant category and may not be duplicated in multiple categories.

3.2 Costs and Payments

  • Posting a basic advertisement on the Platform is free of charge. For additional services, such as prominent placement or supplementary advertisement features, fees may be applied.
  • Any fees for additional services will be clearly indicated during the advertisement creation process and must be paid at the time of purchasing these services.
  • Payments can be made via the payment methods accepted on the Platform, such as iDEAL, credit card, or other specified options.
  • All payments must be made in euros (€).
  • In the case of recurring payments for ongoing services, such as subscriptions, the user will be informed in a timely manner about the payment terms and any cancellation options.

Article 4: Liability

4.1 Limitation of Liability

  • Ibiza Marketplace is not liable for any direct or indirect damages arising from the use of the Platform, including but not limited to damages resulting from:
    • The unavailability or improper functioning of the Platform.
    • Incorrect, incomplete, or misleading information provided by Users.
    • Agreements or transactions concluded between Users themselves.
  • Ibiza Marketplace is not liable for damages caused by intentional acts or deliberate recklessness of third parties.
  • If, notwithstanding the foregoing, Ibiza Marketplace is held liable for any damages, this liability is limited to the amount that is paid out under Ibiza Marketplace's liability insurance in the relevant case.

4.2 Indemnification

  • Users fully indemnify Ibiza Marketplace against all possible third-party claims arising from or related to the User's use of the Platform, including but not limited to:
    • Posting content that infringes on third-party rights.
    • Failure to comply with these general terms and conditions or any legal obligation by the User.
    • Unlawful acts committed by the User.
  • The indemnification includes all damages and costs incurred by Ibiza Marketplace in connection with such claims, including but not limited to legal expenses.

Article 5: Privacy and Data Protection

5.1 Data Collection

Ibiza Marketplace collects personal data from Users, including name, email address, phone number, and location data, with the aim of facilitating transactions, improving user experience, and providing relevant information.

5.2 Data Sharing

Personal data is not shared with third parties unless necessary for the execution of our services, such as processing payments, or when we are legally obliged to provide this information.

5.3 User Rights

Users have the right to access, correct, delete, and transfer their personal data, as well as the right to object to or request the restriction of its processing. To exercise these rights, Users can contact us via support@ibizamarketplace.com.

Article 6: Amendments and Termination

6.1 Amendments to the Terms

Ibiza Marketplace reserves the right to amend these terms and conditions. Amendments will be announced at least fourteen (14) days before they take effect via the Platform. If a User does not agree with the amended terms, he/she should cease using the Platform before the effective date of the new terms.

6.2 Termination of Use

Users can terminate their account at any time through the account settings. Ibiza Marketplace reserves the right to terminate accounts or restrict access to the Platform in case of violation of these terms and conditions or misuse of the Platform.

Article 7: Applicable Law and Disputes

7.1 Choice of Law

These terms and conditions and all agreements arising from them are exclusively governed by Dutch law.

7.2 Dispute Resolution

Disputes arising from or related to these terms and conditions will be submitted to the competent court in the district where Ibiza Marketplace is established.

Article 8: Contact Information

For questions or comments about these terms and conditions, you can contact the Ibiza Marketplace helpdesk via:
Email: support@ibizamarketplace.com
Address: Dijkwacht 114, 2353EL Leiderdorp, The Netherlands