Article 1 – Definitions
The following definitions apply in these Terms and conditions:
1. Additional agreement: an agreement in which the consumer obtains products, digital content or services in connection with a distance contract. The merchant or a third party is responsible for delivering these, on the basis of
an agreement between the third party and the merchant;
2. Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: a natural person whose actions are not undertaken for purposes
related to business, trade, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Supply contract: a distance contract for a series of products and/or services, where the obligation of supply and purchase extends over a period of time;
7. Durable medium: any means – including email – that enables a consumer or merchant to store information addressed personally to them in such a way that it can be consulted or used in the future for a period appropriate to its purpose, and which allows unchanged reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from a distance contract within the withdrawal period;
9. Merchant: identity mentioned in Article 2. A web shop or legal entity offering products, (access to) digital content or services to consumers at a distance;
10. Distance contract: a contract concluded between the company and the consumer within a system organised for distance selling of products;
11. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. The merchant is not obliged to provide Appendix I if the consumer has no right of withdrawal regarding their order;
12. Means of distance communication: any tool used to communicate about concluding the contract without the merchant and the consumer having to be present in the same place at the same time.

Article 2 – Identity of the Merchant
Name of merchant: Gardens of Ibiza SL
Operating under: Gardensofibiza.com
Registered address:
Gardens of Ibiza
Poligon 8, Disseminat 247
07840 San Carlos, Spain
Telephone number: +34 971 94 39 62
Availability: Monday to Friday, 09:00–18:00
Email address: info@gardensofibiza.com
VAT identification number: ESB75920090

Article 3 – Applicability
1. These general terms apply to all offers made by the merchant and all distance contracts concluded between the merchant and a consumer. By visiting our site or making a purchase, you engage in our “service” and agree to be
bound by these conditions, including additional terms mentioned herein or available via hyperlink. If you do not agree, you may not access the site or use any services.
2. If the distance contract is concluded electronically, the text of these terms and conditions shall be provided electronically in such a way that the consumer can store them easily on a durable medium. If this is not reasonably
possible, the merchant will state where they can be consulted electronically and that they will be sent free of charge upon request.
3. Where specific product or service conditions apply alongside these terms, paragraphs 2 and 3 apply accordingly, and the consumer may always rely on the provision most favorable to them in case of conflict.

Article 4 – The Offer
1. If an offer is subject to limited validity or conditions, this will be explicitly stated.
2. The offer contains a complete and accurate description of products, digital content or services. The description is sufficiently detailed for the consumer to make an informed assessment. If the merchant uses images, these reflect the actual products, services or digital content. The merchant is not bound by obvious errors.
3. Each offer includes information clearly stating the rights and obligations tied to acceptance.
4. If a contract is formed, the merchant is not bound by obvious or genuine accidental price errors that a consumer should reasonably recognize. We reserve the right to limit or refuse orders that appear to be placed by dealers, resellers or distributors.

Article 5 – The Contract
1. The customer adds selected products to the shopping cart. The customer may modify data or contents of the cart at any time before finalizing the order.
2. The customer places a final order by clicking the applicable button.
3. The contract is concluded the moment the consumer accepts the offer and the stipulated conditions are met.
4. If the consumer accepts electronically, the merchant shall immediately confirm receipt electronically. Until confirmed, the consumer may cancel the contract.
5. If the contract is concluded electronically, the merchant shall take appropriate technical and organizational measures to secure electronic data transfer and ensure a secure web environment. If electronic payment is possible, appropriate security measures are taken.
6. The merchant may, within legal limits, obtain information about the consumer’s ability to meet payment obligations as well as relevant facts important for responsible conclusion of the distance contract. If the investigation gives sufficient reason, the merchant may refuse the order or attach special conditions.
7. The merchant shall provide the consumer, at the latest upon delivery, with:
a. The merchant’s business address for complaints;
b. Conditions for exercising the right of withdrawal, or clear notice if excluded;
c. Information on warranties and after-sales service;
d. The price including taxes, shipping costs, and payment/delivery conditions;
e. Conditions for termination if the contract exceeds one year or is indefinite;
f. The withdrawal form, if applicable.
8. For supply contracts, the above applies only to the first delivery.

Article 6 – Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the right to dissolve the contract, without giving any reasons, within a period of at least 14 days. The merchant is permitted to ask the consumer for the reason for this withdrawal, but the consumer is under no obligation to state their reasons.
   
2. The period referred to in paragraph 1 begins on the day after the product has been received by the consumer or by a third party designated by the consumer, who is not the carrier, or:
   a. If the consumer has ordered multiple products: on the day on which the consumer, or a third party designated by the consumer, receives the last product. The merchant may refuse a single order consisting of multiple products with different delivery dates, provided that this has been clearly communicated to the consumer before the ordering process.
   b. If the delivery of a product consists of various shipments or parts: on the day on which the consumer or a third party designated by the consumer receives the final shipment or the final part.
   c. In supply contracts for products delivered over a specified period: on the day on which the consumer or a third party designated by the consumer receives the first product.
   

Upon delivery of services and digital content not supplied on a tangible medium:

1. A consumer has the right to dissolve the contract, without giving any reasons, for the supply of digital content not provided on a tangible medium, within a period of at least fourteen days. The merchant is permitted to ask the consumer for the reason for this withdrawal, but the consumer is under no obligation to state their reasons.
   
2. The period referred to in paragraph 3 begins on the day after the conclusion of the contract.
   

Extended withdrawal period for products, services and digital content not supplied on a tangible medium in cases where the consumer was not informed about the right of withdrawal:

1. If the merchant fails to provide the consumer with the legally required information regarding the right of withdrawal, or if the model withdrawal form was not provided, the withdrawal period shall end twelve months after the end of the originally stipulated withdrawal period, based on the preceding paragraphs of this article.
   
2. If the merchant provides the consumer with the information referred to in the previous paragraph within twelve months from the date on which the original withdrawal period began, the withdrawal period will end fourteen days after the day on which the consumer receives the information.

Article 7 – Obligations of the Consumer in Case of Withdrawal

1. During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product in the same way they would be allowed to do in a physical store.
   
2. The consumer is only liable for any decrease in value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
   
3. The consumer shall not be liable for any decrease in value of the product if the merchant did not provide the legally required information about the right of withdrawal before the conclusion of the contract.
   

Article 8 – Consumers Exercising Their Right of Withdrawal and the Costs Involved

1. The consumer who wishes to exercise their right of withdrawal must notify the merchant of this within the withdrawal period, by means of the model withdrawal form or by any other clear and unambiguous statement.
   
2. As soon as possible, and no later than 14 days after the day on which the notification referred to in paragraph 1 was given, the consumer shall return the product or hand it over to the merchant (or a representative of the merchant). This is not required if the merchant has offered to collect the product themselves. In any event, the consumer shall have complied with the return deadline if they send back the product before the withdrawal period has expired.
   
3. The consumer shall return the product with all accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the merchant.
   
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer. If the consumer sends back an item, they should consider using a shipping service with tracking or purchasing shipping insurance. The merchant does not guarantee that they will receive the returned item.
   
5. The consumer shall bear the direct costs of returning the product. If the merchant has not stated that the consumer must bear these costs, or if the merchant has indicated that they will bear these costs, then the consumer shall not be responsible for the return costs.
   
6. 
   The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:
   a. Prior to the delivery, the consumer did not expressly agree to the commencement of the performance of the contract before the end of the withdrawal period;
   b. The consumer did not acknowledge that they would lose their right of withdrawal by giving their consent; or
   c. The merchant failed to confirm this acknowledgment made by the consumer.
   
7. If a consumer exercises their right of withdrawal, all related agreements shall be legally dissolved.

Article 9 – Obligations of the Merchant in Case of Withdrawal

1. If the merchant makes it possible for a consumer to declare their withdrawal by electronic means, then, after receiving such a declaration, the merchant shall immediately send an acknowledgment of receipt.
   
2. The merchant shall reimburse the consumer for all payments made, including any delivery costs that the merchant may have charged for the returned product, no later than 14 days after the day on which the consumer informed the merchant of the withdrawal. Except in cases where the merchant offers to collect the product themselves, the merchant may withhold reimbursement until they have received the product back or until the consumer has provided proof that the product has been returned, whichever occurs first.
   
3. For any reimbursement, the merchant shall use the same method of payment that the consumer used for the original transaction, unless the consumer agrees to another method. The reimbursement shall be free of charge for the consumer.
   
4. If the consumer chose a delivery method more expensive than the standard, least costly method, the merchant shall not be required to reimburse the consumer for the additional costs of the more expensive method.
   

Article 10 – Exclusion of the Right of Withdrawal

The merchant may exclude the right of withdrawal for the following products and services, but only if the merchant clearly stated this when making the offer, or at least sufficiently in advance before the conclusion of the contract:

1. Products or services whose prices depend on fluctuations in the financial market over which the merchant has no influence and which may occur within the withdrawal period.
   
2. Contracts concluded during a public auction. A public auction is defined as a method of sale in which a merchant offers products, digital content and/or services by means of an auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services.
   
3. Service contracts, after the full performance of the service, but only if:
   a. Performance began with the consumer’s prior express consent; and
   b. The consumer declared that they would lose their right of withdrawal once the merchant had fully performed the contract.
   
4. Package travel, combined travel arrangements, and linked travel services referred to in EU Directive 2015/2302, as well as passenger transport contracts.
   
5. Service contracts providing access to accommodation, if the contract specifies a particular date or period of performance, and which do not serve as accommodation itself, the transport of goods, car rental services, or catering.
   
6. Contracts relating to leisure activities, if the contract specifies a specific date or period of performance.
   
7. Products made according to consumer specifications, which are not prefabricated and which are produced based on the consumer’s individual choice or decision, or which are clearly intended for a specific person.
   
8. Products that are liable to deteriorate rapidly or have a limited shelf life.
   
9. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery.
   
10. Products which, after delivery, are by their nature inseparably mixed with other products.
    
11. Alcoholic beverages for which the price was agreed upon at the time of conclusion of the contract, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the merchant has no influence.
    
12. Sealed audio or video recordings or sealed computer software, whose seal has been broken after delivery.
    
13. Newspapers or magazines, except for subscriptions to them.
    
14. The supply of digital content not supplied on a tangible medium, but only if:
    a. The delivery began with the consumer’s prior express consent; and
    b. The consumer declared that they thereby acknowledged losing their right of withdrawal.

Article 11 – The Price

1. During the validity period indicated in the offer, the prices of the products and/or services offered shall not be increased, with the exception of price changes resulting from changes in VAT rates.
   
2. Contrary to the previous paragraph, the merchant may offer products or services at variable prices in cases where these prices are subject to fluctuations in the financial market over which the merchant has no influence. The offer must refer to this connection with market fluctuations and to the fact that the prices mentioned are recommended prices.
   
3. Price increases within 3 months after the conclusion of the contract shall only be permitted if they are the result of statutory regulations or legal provisions.
   
4. Price increases more than 3 months after the conclusion of the contract shall only be permitted if the merchant has stipulated them in the contract, and:
   a. They are the result of statutory regulations or legal provisions, or;
   b. The consumer is entitled to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in offers for products or services include VAT.
   
6. Shipping costs may also be charged, depending on the value of the shipment, the delivery option, or the delivery address chosen by the consumer. Such additional charges shall be clearly displayed during the purchasing process and included in the “total price”.
   
7. Depending on the consumer’s country, the consumer may be required to pay duties, taxes or import charges in addition to the shipping costs, which only cover transit costs of the product.
   

Article 12 – Performance of the Contract and Additional Guarantee

1. The merchant guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or governmental regulations in force at the time the contract was concluded. If agreed, the merchant also guarantees that the product is suitable for any use other than normal use.
   
2. Any additional guarantee provided by the merchant, manufacturer, or importer shall never affect the legal rights and claims that a consumer may assert against the merchant on the basis of the contract if the merchant has failed to fulfil their part of the contract.
   
3. An additional guarantee is defined as any commitment made by the merchant, their supplier, importer, or manufacturer that grants the consumer rights or claims beyond those provided by law, in the event that the merchant fails to fulfil their part of the contract.
   
4. Regardless of any commercial guarantee, the merchant remains bound by the legal guarantee of conformity of goods, digital content, and digital services pursuant to Articles 120 and following of the Consumer Code.
   
5. In the case of a contract for the sale of goods or the supply of digital content or digital services provided in a single act or a series of individual acts, the merchant shall be liable for any lack of conformity that exists at the time of delivery or supply and that becomes apparent within three years from the delivery of goods, or within two years in the case of digital content or digital services, without prejudice to the provisions of Article 115 ter, paragraph 2, letters (a) and (b) of the General Law for the Defense of Consumers and Users and related supplementary laws.
   
6. For second-hand goods, the merchant and the consumer or user may agree on a shorter period than the one indicated in the previous paragraph, provided that it is not less than one year from the date of delivery.

Article 13 – Delivery and Execution

1. The merchant shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
   
2. The place of delivery is the address that the consumer has communicated to the merchant.
   
3. If delivery to the consumer is not possible because the delivered goods do not fit through the consumer’s main entrance, first doorway, or staircase, or because the consumer is not present at the delivery location they specified—despite having been informed of the delivery time with reasonable notice—the consumer shall bear the costs of the failed delivery.
   
4. Delivery shall be carried out in accordance with the conditions stipulated in the delivery policy, which forms part of these terms and conditions.
   
5. Taking into account what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if delivery cannot be carried out or can only be carried out partially, the consumer shall be informed of this within 30 days after the order was placed. In such cases, the consumer has the right to dissolve the contract at no cost and the right to possible compensation.
   
6. Following dissolution as referred to in the previous paragraph, the merchant shall refund the amount paid by the consumer.
   
7. The risk of damage to and/or loss of products rests with the merchant until the moment of delivery to the consumer or a representative designated by the consumer and previously notified to the merchant, unless explicitly agreed otherwise.
8. Claims, Returns, Force Majeure and Limitations.
   
   The Client must inspect all plants & trees at delivery. Any visible non-conformity (variety, transport damage, phytosanitary issue) must be reported to Gardens of Ibiza within 24–72 hours. No claims will be accepted after seven (7) days from the delivery date.
   
   Authorised returns, when accepted by Gardens of Ibiza, are limited to replacement or a credit note for the invoiced value, at Gardens of Ibiza's discretion. Gardens of Ibiza is not liable for indirect or consequential damages, loss of production, loss of profit, or replanting costs.
   
   Gardens of Ibiza is not responsible for delays, damage or plant loss arising from force majeure, including but not limited to extreme weather, transport incidents, official restrictions, fires, strikes or other events beyond Gardens of ibiza’s control.
   
   Gardens of Ibiza commits to high industry standards, but once plants are delivered in good condition, all risk and responsibility for their evolution rests with the Client.
   

Article 14 – Long-Term Transactions, Termination and Renewal

Termination:

1. The consumer has the right at any time to terminate an open-ended contract concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a notice period not exceeding one month.
   
2. The consumer has the right at any time to terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.
   
3. With respect to the contracts described in the previous two paragraphs, the consumer may:
   a. terminate them at any time and shall not be restricted to termination at a specific time or during a specific period;
   b. terminate them in the same manner in which they were concluded;
   c. always terminate them subject to the same notice period that applies to the merchant.

Renewal:

1. A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be automatically renewed or extended for a fixed period.
   
2. Contrary to the previous paragraph, a fixed-term contract concluded for the regular supply of daily or weekly newspapers or magazines may be automatically renewed for a fixed period not exceeding three months, provided that the consumer has the possibility to terminate the renewed contract at the end of the renewal period with a notice period not exceeding one month.
   
3. A fixed-term contract concluded for the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer has the right to terminate at any time with a notice period not exceeding one month. In the case of a contract for the regular but less frequent than monthly supply of daily or weekly newspapers or magazines, a notice period not exceeding three months applies.
   
4. A fixed-term introductory contract for the regular supply of daily or weekly newspapers or magazines (trial or introductory subscriptions) shall not be automatically renewed and will automatically end at the end of the trial or introductory period.

Duration:

1. If the fixed term of a contract exceeds one year, then after one year the consumer has the right to terminate at any time with a notice period not exceeding one month, unless reasonableness and fairness dictate that early termination of the contract would be unacceptable.

Article 15 – Payment

1. The available payment methods are shown on the merchant’s website or in the description of the corresponding item, or, at the latest, at the moment of completing the ordering process (checkout). Unless otherwise indicated, payment requests arising from the contract must be paid immediately.
   
2. Unless another date is stipulated in the contract or in supplementary conditions, the amounts owed by the consumer must be paid within 14 days from the beginning of the withdrawal period or, if no withdrawal period applies, within 14 days from the conclusion of the contract. In the case of a service contract, this 14-day period begins on the day after the consumer receives the confirmation of the contract.
   
3. The consumer is obliged to inform the merchant immediately of any inaccuracies in the provided or recorded payment details.
   

If a consumer does not fulfil their payment obligation(s) on time, and after the merchant has informed the consumer of the delayed payment, the consumer has 14 days to fulfil the payment obligation; if payment is not made within this 14-day period, statutory interest shall be charged on the outstanding amount, and the merchant is entitled to charge the reasonable extrajudicial collection costs incurred. These collection costs shall amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% of the next €2,500; and 5% of the next €5,000, with a minimum of €40. The merchant may deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints Procedure

1. The merchant has a complaints procedure in place on their website, to which sufficient publicity has been given, and will handle complaints in accordance with this procedure.
   
2. A consumer who has discovered deficiencies in the performance of a contract must submit any complaint to the merchant without delay, fully and clearly described.
   
3. The merchant shall provide a response to complaints submitted within 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the merchant shall respond within 14 days, confirming receipt and indicating when the consumer may expect a more detailed reply.
   
4. The consumer must give the merchant a period of at least 4 weeks to resolve the complaint through mutual consultation. After this period, the complaint becomes a dispute that is subject to the dispute resolution scheme.
   

Article 17 – Disputes

1. Contracts concluded between a merchant and a consumer that are subject to these general terms and conditions are governed by Dutch law. Since the merchant directs their commercial activities to Spain (where the consumer resides), the consumer may always rely on the mandatory consumer protection laws applicable in Spain.
2. The Home Shopping Disputes Committee is an alternative dispute resolution provider to which the merchant is affiliated. The Home Shopping Disputes Committee has been authorised by the Dutch Ministry of Security and Justice and provides safe dispute resolution services, offering an independent assessment of complaints, in accordance with the 2015 Alternative Consumer Dispute Resolution Regulations (competent authorities and information).
   
3. The Disputes Committee will only handle a dispute if the consumer has first submitted their complaint to the merchant without delay.
   
4. If the complaint does not lead to a resolution, the dispute must be submitted to the Disputes Committee no later than 12 months after the consumer has filed the complaint with the merchant.
   
5. If the consumer wishes to submit a dispute to the Disputes Committee, the merchant is bound by that choice. Preferably, the consumer informs the merchant first.
   
6. If a merchant wishes to submit a dispute to the Disputes Committee, the consumer shall indicate, in response to a written request made by the merchant, whether the consumer agrees or prefers the dispute to be handled by the competent court. If the consumer does not inform the merchant of their choice within five weeks, the merchant is entitled to submit the dispute to the competent court.
   
7. The decisions of the Disputes Committee are subject to the conditions stipulated in the regulations of the Disputes Committee. The decisions of the Disputes Committee take the form of binding advice.
   
8. The Disputes Committee will not handle a dispute — or will terminate its involvement — if the merchant has been granted a suspension of payments, has been declared bankrupt, or has ceased commercial activities before the committee has dealt with the dispute in a session and issued a final decision.

Article 18 – Additional or Deviating Terms

Additional provisions or provisions that deviate from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing, or in such a way that consumers can store them in an easily accessible form on a durable medium.

Article 19 – Amendment of the General Conditions

Amendments to these conditions shall only enter into force after they have been duly published, it being understood that when amendments apply during the validity of an offer, the provision most favourable to the consumer shall prevail.

Appendix I: Model Withdrawal Form

Model withdrawal form
(This form must only be completed and returned if the consumer wishes to withdraw from the contract)

• To:
  [Name of the merchant]
  [Geographical address of the merchant]
  [Fax number of the merchant, if available]
  [Email address or electronic address of the merchant]
  
• I/We (1) hereby notify that I/We (1) withdraw from my/our (1) contract of sale relating to the following goods (1) / the provision of the following service (1):

• Ordered on (1) / received on (1)
  [Name of consumer(s)]
  [Address of consumer(s)]
  [Signature of consumer(s)] (only if this form is submitted on paper)
  [Date]
  

(1) Delete or complete as appropriate.

Last updated: 24/11/25