Terms of Use
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Find Your Home S.L.®, acting under "Mallorca.com" (hereinafter referred to as "Seller"), apply to all contracts for the activation of entries made by a consumer or an entrepreneur (hereinafter referred to as "Customer"). with the seller with regard to the entries presented by the seller in his "Business Directory for Mallorca". Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The offers contained in the "Business Directory for Mallorca" of the seller are not binding offers by the seller, but serve to submit a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the Business Directory for Mallorca of the seller. The customer, after he has placed the selected entry in the virtual shopping cart and has gone through the electronic order process, by clicking the finalizing the order process button, a legally binding contract offer in relation to the activation included in the cart from. Furthermore, the customer can also submit the offer by telephone or e-mail to the seller.
2.3 The seller may accept the offer of the customer within five days,
by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
by releasing the customer in the business directory for Mallorca, in which case the receipt of the confirmation at the customer is authoritative, or
by asking the customer to pay after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When placing an offer via the online order form of the seller, the contract text is stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the contract text is archived on the seller's website and can be retrieved by the customer via his password-protected customer account with the corresponding login details, provided the customer has created a customer account in the business directory for Mallorca of the seller before sending his order.
2.5 Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his inputs using the usual keyboard and mouse functions until he clicks on the button that ends the order process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller.
Cancellation policy and cancellation form: Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
A. Right of revocation
Withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Find Your Home S.L.®, Ctra. del Puerto 118 Loc. 5, ES-07157 Puerto de Andratx, Baleares, email: [email protected]) by means of a clear statement (eg B. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation: If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must delete the access data immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract.
The deadline is met if you delete the access granted to you before the expiry of the period of fourteen days.
There is no cost for returning goods because it is an entry in a virtual business directory.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Download the cancellation form here as a pdf file »
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the Business Directory for Mallorca of the seller.
4.4 If payment has been agreed by invoice, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / user agreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.
5) Delivery and shipping conditions
The activation of the entries takes place on the e-mail way to the e-mail address given by the customer, unless otherwise agreed. When processing the transaction, the mail address specified in the order processing of the seller is decisive.
6) Liability for defects (warranty)
The buyer is responsible for the published data in the business directory for Mallorca itself and can enter these themselves. The seller is not liable for any information / price or spelling mistakes.
7) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
8) Alternative Dispute Resolution
8.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
8.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
As of: August 2022
