Sales and Returns Policy

Contracting Procedure

In order to access the services or products offered by the PROVIDER, the USER must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data requested, which shall be processed in accordance with current personal data protection regulations, Regulation (EU) 2016/679 of 27 April 2016 (GDPR), relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, and as detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a username and password, undertaking to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, it is hereby stated that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure shall follow these steps:

1. General contracting terms.
2. Delivery of tickets.
3. Right of withdrawal.
4. Complaints.
5. Force majeure.
6. Jurisdiction.
7. General details of the offer.
8. Price and validity period of the offer.
9. Payment method, charges and discounts.
10. Purchase process.
11. Applicable warranties.
12. Warranties and returns.
13. Applicable law and jurisdiction.

1. General Contracting Terms

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the USER’s acceptance of these legal terms. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.

The purchase of a ticket represents the purchaser’s acceptance of the following General Terms of Use:

1. Once purchased, tickets shall not be exchanged and their amount shall not be refunded.
2. The Organisation reserves the right to alter or modify the event programme.
3. The right of admission is reserved.
4. This ticket includes different security measures. The Organisation shall not be held responsible for tickets that have not been purchased through official points of sale. Any ticket that is damaged, torn or shows signs of forgery shall authorise the Organisation to deny its holder access to the venue. In such cases, the Organisation reserves the right to take the legal measures indicated in point 13 of these General Terms of Use.
5. Admission is subject to the ticket being complete and in good condition. The ticket holder shall lose the rights granted by the ticket upon leaving the venue.
6. Upon entering the venue, members of the public may be searched in accordance with the law. Under no circumstances shall entry be permitted with objects that may be considered dangerous by the Organisation or that are prohibited by current regulations, nor with photographic or video cameras, recording devices or any other image and sound capture device.
7. For musical events, all image rights and intellectual property rights arising from the event are reserved, and attendees may not film or record the event without written authorisation from the Organisation.
8. The ticket issuer, EDEN TORREMOLINOS, SL, shall under no circumstances assume the obligations and responsibilities corresponding to the Organisation.
9. Attendees may appear in images taken by different media outlets for subsequent promotional dissemination.
10. The legal minimum age to access this type of event is 18 years.

The Organisation of the event may deny access to or expel the ticket holder from the venue in the event of breach of these General Terms of Use or failure to follow instructions given by the Organisation’s staff. Denial of access or expulsion may also occur where it can reasonably be foreseen that the person’s presence in the venue poses a risk or danger to:

1. The holder or other event attendees, including in cases of crowd surges or apparent or potential intoxication. In all cases, the holder shall be personally responsible for their own acts and omissions when these cause injury to third parties or damage to property.
2. Any attempt at fraud, misappropriation or theft, as well as damage to private property caused directly or indirectly to the Organisation, authorises the Organisation to take any civil or criminal legal measures it deems appropriate against the perpetrators.
3. Possession of this ticket does not entitle its holder or third parties to use the ticket or its content for advertising, marketing or promotional purposes, including competitions, gifts and/or prize draws, associated with the ticket holder or any third party.
4. This ticket must be kept until the day of the event as if it were cash. The ticket purchaser, or the person in whose name the ticket is personalised, assumes full responsibility if the ticket is presented in duplicate, photocopied or forged, thereby losing all rights granted by the ticket to access the event.

2. Delivery of Tickets

The PROVIDER shall not send any ticket until it has verified that payment has been made.

3. Returns

In the event of total cancellation of the event, the Organisation undertakes to refund the ticket amount. The distribution cost applied by the sales channels to the price of this ticket shall not be refunded by the Organisation under any circumstances, as the Organisation is not the recipient of said amount and the provision of this service is deemed to have been completed at the time this ticket is purchased.

4. Complaints

Any complaint that the USER considers appropriate shall be handled as soon as possible and may be submitted to the following contact addresses:

Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party known as a dispute resolution body, which acts as an intermediary between both parties. This body is neutral and shall engage with both parties in order to reach an agreement and may ultimately suggest and/or impose a solution to the dispute.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. Force Majeure

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.

6. Jurisdiction

The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.

If any provision of these terms is deemed null and void or impossible to fulfil, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any respect.

The USER declares that they have read, understood and accepted these General Terms in their entirety.

7. General Details of the Offer

All sales and deliveries made by the PROVIDER shall be deemed subject to these General Terms.

No amendment, alteration or agreement contrary to the Commercial Proposal of EDEN TORREMOLINOS, SL or to what is stipulated herein shall have any effect, unless expressly agreed in writing and signed by the PROVIDER, in which case such specific agreements shall prevail.

Given the continuous technical advances and improvements to products, the PROVIDER reserves the right to modify their specifications with respect to the information provided in its advertising, provided that this does not affect the value of the products offered. Such modifications shall also be valid if, for any reason, the possibility of supplying the products offered is affected.

8. Price and Validity Period of the Offer

The prices indicated for each product include Value Added Tax (VAT) or any other applicable taxes. Unless expressly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance or any other additional services related to the product or service purchased.

The prices applicable to each product are those published on the website and shall be expressed in euros. The USER acknowledges that the economic value of some products may vary in real time.

Before making the purchase, the USER may check all budget details online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase amount. Prices may change daily until the order is placed. Once the order has been placed, prices shall remain unchanged regardless of whether the products are available or not.

Any payment made to the PROVIDER shall result in the issue of an invoice in the name of the registered USER or the company name provided by the USER when placing the order. This invoice shall be sent together with the purchased product, as well as in PDF format to the email address provided by the USER.

For any information regarding the order, the USER may contact customer service by email at contacto@edentorremolinos.com.

9. Payment Methods, Charges and Discounts

The PROVIDER offers the following methods for paying for an order:

You may pay for your purchases through the external virtual payment platform (POS) PayPal, or any other platforms made available by S&C on the website. In order for S&C to carry out the appropriate procedures, the USER must notify, as soon as possible, any improper or fraudulent charge made to the payment method used for the purchase in relation to which an infringement has occurred. Failure to notify within 24 hours shall release S&C from any liability regarding reimbursement to the USER.

10. Purchase Process

Any product from our catalogue may be added to the basket. The basket shall only show the items, quantity, price and total amount. Once the basket has been saved, taxes, charges and discounts shall be calculated based on the payment and shipping details entered.

Baskets have no administrative link; they are merely a section where a quote can be simulated without any commitment by either party.

From the basket, an order may be placed by following the steps below for proper formalisation:

1. Verification of billing details.
2. Verification of shipping address.
3. Selection of payment method.
4. Placing the order (purchase).

Once the order has been processed, the system immediately sends an email to the PROVIDER’s management department.

Orders — Purchase Requests

Within a maximum period of 24 hours, on business days, an email shall be sent confirming the status of the order and the shipping date.

11. Applicable Warranties

All products offered through the website are completely original, unless otherwise indicated in their description. All products have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.

12. Warranties and Returns

The warranty for the products offered shall be governed by the following articles based on Law 23/2003 of 10 July on Guarantees in the Sale of Consumer Goods:

I. Conformity of Services with the Contract

1. Unless proven otherwise, services shall be deemed to conform to the contract provided that they meet all the requirements set out below, except where any of them is not applicable due to the circumstances of the case:

   1. They conform to the description provided by EDEN TORREMOLINOS, SL.
   2. They are suitable for the uses to which services of the same type are ordinarily intended.
   3. They are suitable for any special use required by the client when the client has informed EDEN TORREMOLINOS, SL of such use at the time of entering into the contract, provided that EDEN TORREMOLINOS, SL has accepted that the service is suitable for such use.
   4. They present the usual quality and performance of a service of the same type that the client may reasonably expect, taking into account the nature of the service and, where applicable, the descriptions of the specific characteristics of the services provided by EDEN TORREMOLINOS, SL.
   5. EDEN TORREMOLINOS, SL describes the details, characteristics and photographs of the services provided by their producer and therefore shall not be bound by such public statements.
2. Lack of conformity resulting from incorrect provision of the service shall be equivalent to lack of conformity of the service when the provision is included in the service contract and has been performed by EDEN TORREMOLINOS, SL or under its responsibility, or by the USER when the defective provision is due to an error in the instructions set out therein.
3. Liability shall not apply for lack of conformity that the USER knew about or could not have been unaware of at the time of entering into the contract, or that arises from services supplied by the USER.

II. Liability of the PROVIDER

EDEN TORREMOLINOS, SL shall be liable to the USER for any lack of conformity existing at the time the service is delivered. EDEN TORREMOLINOS, SL grants the USER the right to repair of the service, replacement, price reduction and termination of the contract.

III. Repair and Replacement of Services

1. If the service does not conform to the contract, the USER may choose between demanding repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER notifies EDEN TORREMOLINOS, SL of the chosen option, both parties shall be bound by it. This USER decision is without prejudice to the provisions of Article IV below for cases in which repair or replacement fails to bring the service into conformity with the contract.
2. Any form of remedy that imposes costs on EDEN TORREMOLINOS, SL which are unreasonable compared with the other form of remedy shall be considered disproportionate, taking into account the value the service would have had if there had been no lack of conformity, the significance of the lack of conformity and whether the alternative remedy could be carried out without major inconvenience to the USER.

IV. Rules for Repair or Replacement of the Service

Repair and replacement shall comply with the following rules:

1. They shall be free of charge for the USER.
2. They shall be carried out within a reasonable period and without major inconvenience to the USER, taking into account the nature of the services and the purpose they had for the USER.
3. Repair suspends the calculation of the periods referred to in Article VII. The suspension period shall begin when the USER notifies EDEN TORREMOLINOS, SL and shall end upon delivery to the USER of the repaired service. During the six months following delivery of the repaired service, EDEN TORREMOLINOS, SL shall be liable for the lack of conformity that caused the repair. It shall be presumed to be the same lack of conformity when defects of the same origin as those initially reported reappear in the service.
4. Replacement suspends the periods referred to in Article VII from the exercise of the option until delivery of the new service. The replacement service shall in any case be subject to the second paragraph of Article VII.
5. If, once repair has been completed and the service delivered, the service still does not conform to the contract, the USER may demand its replacement, within the limits established in section 2 of Article IV, or a price reduction or termination of the contract under the terms of Article V.
6. If replacement fails to bring the service into conformity with the contract, the USER may demand repair, within the limits established in section 2 of Article IV, or a price reduction or termination of the contract under the terms of Articles V and VI.

V. Price Reduction and Termination of the Contract

Price reduction and termination of the contract shall apply, at the USER’s choice, when the USER cannot demand repair or replacement of the product and in cases where these have not been carried out within a reasonable period or without major inconvenience to the USER. Termination shall not apply where the lack of conformity is of minor importance.

VI. Criteria for Price Reduction

The price reduction shall be proportional to the difference between the value the product would have had at the time of delivery if it had conformed to the contract and the value the product actually delivered had at the time of delivery.

VII. Time Limits

EDEN TORREMOLINOS, SL shall be liable for lack of conformity that appears within a period of two years from delivery. For second-hand products, EDEN TORREMOLINOS, SL and the USER may agree on a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, lack of conformity appearing within six months after delivery shall be presumed to have already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the type of lack of conformity.

Unless proven otherwise, delivery shall be deemed to have taken place on the date stated on the invoice or purchase receipt, or on the corresponding delivery note if this is later.

The action to claim compliance with the provisions of the preceding articles shall expire three years after delivery of the product.

The USER must inform EDEN TORREMOLINOS, SL of the lack of conformity within two months of becoming aware of it.

Unless proven otherwise, the USER’s notification shall be deemed to have taken place within the established period.

VIII. Action Against the Producer

When it is impossible or excessively burdensome for the USER to contact EDEN TORREMOLINOS, SL due to lack of conformity of the products with the purchase contract, the USER may file a claim directly against the producer in order to obtain replacement or repair of the product.

As a general rule, and without prejudice to the cessation of the producer’s liability, under the same terms and conditions established for EDEN TORREMOLINOS, SL, the producer shall be liable for lack of conformity where it relates to the origin, identity or suitability of the products, according to their nature and purpose and the rules governing them.

Producer shall mean the manufacturer of a product, the importer of the product into the European Union, or any person who presents themselves as such by indicating their name, brand or other distinctive sign on the product.

Whoever has responded to the USER shall have a period of one year to seek recourse against the party responsible for the lack of conformity. This period shall be calculated from the moment the remedy was completed.

13. Security

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client accepts that the provider may obtain data for the purpose of the corresponding authentication of access controls.

Credit card details are entered on a secure page and are transferred using SSL.

14. Applicable Law and Jurisdiction

These terms shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms to the courts and tribunals of the USER’s domicile.

If the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other jurisdiction and submit to the Courts and Tribunals closest to the town of Torremolinos, Málaga, Spain.

Indemnification

YOU AGREE TO ASSUME FULL RESPONSIBILITY AND INDEMNIFICATION IN RELATION TO ANY CLAIM, LIABILITY, DAMAGE, LOSS, COST AND EXPENSE, INCLUDING LEGAL FEES, INCURRED BY US AND ARISING FROM ANY BREACH BY YOU OR ANY OTHER LIABILITY INCURRED BY US IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE USE OF THE WEBSITE BY ANOTHER PERSON ACCESSING IT THROUGH YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

Legislation

These Terms of Use have been prepared in accordance with Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Terms, Law 26/1984, General Law for the Defence of Consumers and Users, Law 7/1996 on Retail Trade Regulation, and any other applicable legal provisions.