TERMS OF SERVICE
GENERAL INFORMATION
Welcome to THE IBIZA CANDLES! The terms “we”, “us” and “our” refer to THE IBIZA CANDLES. THE IBIZA CANDLES operates this store and website, including all related information, content, features, tools, products and services, to offer you, the customer, a curated shopping experience (the “Services”). THE IBIZA CANDLES is
The following terms and conditions, together with any policies referred to herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as warranties, disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You
represent and warrant that all information you provide in our store is accurate, current and complete, and that you have all necessary rights to provide that information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS. We have made every effort to display our products and services accurately in our online store. However, please note that product colours or appearance may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not warrant that the appearance or quality of any product or service you purchase will meet your expectations or match its appearance or presentation in our online stores. Product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographical region or jurisdiction on an individual basis.
SECTION 3 - ORDERS. When you place an order, you are making an offer to purchase. THE IBIZA CANDLES reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until THE IBIZA CANDLES confirms acceptance. We must receive and process your payment before accepting your order. You should review orders carefully before purchasing, as THE IBIZA CANDLES may be unable to accommodate cancellation requests after an order is accepted. If we reject, change or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided when the order was placed. You may return or exchange purchases only in accordance with our refund policy Refund policy. You represent and warrant that your purchase is for personal or household use and not for resale or commercial export.
SECTION 4 - PRICES AND BILLING. Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the
order is placed and will be stated in the order confirmation emailed to you. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties or import charges.
Prices published in our online stores may differ from prices offered in physical stores, online stores or other stores operated by third parties. From time to time, we may offer promotions through the Services that affect pricing and are governed by terms and conditions different from these Terms. If promotional terms conflict with these Terms, the promotional terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) the charges you incur will be honoured by your credit card company; and (iv) you will pay the charges incurred at the published prices, including shipping and handling fees and any applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY. We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be responsible for delays caused by carriers, customs procedures or events beyond our control. Once we transfer products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY. Our Services, including without limitation all trademarks, brands, text, samples, images, graphics, product reviews, videos, audio, and their design, selection and arrangement, belong to THE IBIZA CANDLES, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works from, publicly display,
publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Unless expressly provided herein, nothing in these Terms grants or shall be construed to grant you any licence or other rights under any patent, trademark, copyright or other intellectual property of THE IBIZA CANDLES, Shopify or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by THE IBIZA CANDLES.
The names, logos, product and service names, designs and slogans of THE IBIZA CANDLES are trademarks of THE IBIZA CANDLES or its affiliates or licensors. You must not use those trademarks without THE IBIZA CANDLES' prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS. You may be given access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms under which the relevant third-party providers offer them.
We may also offer new features through the Services in the future, including new tools and resources. Such new features shall also be deemed part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS. The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you
choose to leave the Services to access these materials or third-party websites, you do so at your own risk. We shall not be liable for any damage or loss related to your access to any third-party website or your purchase or use of any products, services, resources or content on a third-party website. Please review third-party policies and practices carefully and make sure you understand them before completing any transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY. THE IBIZA CANDLES is powered by Shopify, which enables us to provide the Services. However, any sale or purchase you make in our store is made directly with THE IBIZA CANDLES. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and THE IBIZA CANDLES, including any injury, damage or loss resulting from the purchase of products or services. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchase and transaction with THE IBIZA CANDLES.
SECTION 10 - PRIVACY POLICY. All personal information we collect through the Services is subject to our Privacy Policy, available here Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve our Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties who may be located in countries other than your country of residence, in order to provide the Services. Please review our Privacy Policy Privacy Policy for more information about how we, Shopify and our partners use your personal information.
SECTION 11 - FEEDBACK. If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (collectively, “feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under
this licence to operate, provide, evaluate, improve, optimise and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights in all feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting feedback; and (iii) your feedback complies with these Terms. We have no obligation (1) to maintain the confidentiality of feedback; (2) to pay compensation for feedback; or (3) to respond to feedback.
We may, but have no obligation to, monitor, edit or remove feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your feedback will not infringe any third-party rights, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate anyone else or otherwise mislead us or third parties as to the origin of feedback. You are solely responsible for any feedback you submit and its accuracy. We assume no responsibility or liability for feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS. Occasionally, information in or on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing strategies, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders if information is inaccurate at any time without prior notice, including after an order has been placed.
SECTION 13 - PROHIBITED USES. You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b)
to violate any international, federal, provincial, state or local regulation, rule, law or ordinance; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as we determine, may harm THE IBIZA CANDLES, Shopify or users of the Services or expose them to liability.
You also agree not to: (a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext through the Services; (e) use robots, spiders, scraping, data collection or extraction tools, devices or automated processes, artificial intelligence tools (including agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass security or authorisation features, robot exclusion headers or other measures we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS. 14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause an Agent to access, use or interact with any Service. “Agent” means software or a service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate on behalf of, or using, that person's device without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use or
interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Service.
14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses or interacts with the Services.
14.4 Agents must: (i) identify in every HTTP/HTTPS request that the request originates from an Agent and disclose the Agent's name by including the following in the request's user-agent string: “Agent/[agent name]”; (ii) not conceal or create confusion about the fact that any access, use or interaction originates from an Agent, including by (a) imitating human behaviour and interaction patterns or (b) completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) answer truthfully any question or instruction intended to determine whether an interaction originates from a human or a computer; and (iv) not circumvent or otherwise avoid measures intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.
SECTION 15 - TERMINATION. We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES. Information presented in or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on it is strictly at your own risk. We disclaim liability arising from reliance on such materials by you, any other visitor to the Services or anyone who may be informed of their contents.
UNLESS EXPRESSLY STATED OTHERWISE BY THE [MERCHANT], THE
SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ERRORS OR OMISSIONS IN ANY CONTENT OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
SECTION 18 - INDEMNIFICATION. You agree to indemnify, defend and hold harmless THE IBIZA CANDLES, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including attorneys' fees, payable to any third party due to or arising from (1) your breach of these Terms of Service or documents incorporated by reference, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify you promptly will not relieve you of your obligations unless you suffer material prejudice. We may control the defence and settlement of such claim at your expense, including selecting counsel, but will not settle any claim
that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You will cooperate in defending indemnifiable claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY. If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity or enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of these Terms of Service. Any ambiguity in interpreting these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT. You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 - GOVERNING LAW. These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where THE IBIZA CANDLES is headquartered. You and THE IBIZA CANDLES consent to the jurisdiction and personal competence of those courts.
SECTION 23 - HEADINGS. The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to review our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following publication of changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION. Questions about the Terms of Service should be sent to support@theibizacandles.com. Our contact details are: THE IBIZA CANDLES, support@theibizacandles.com, Guillem de Montgri n 1, Eivissa, 07800, Illes Balears.