IBIZA RUNNERS TERMS AND CONDITIONS OF SERVICE
Welcome to ibiza-runners.com website and our applications (each our "Service"). This page (together with the documents referred to on it) tells you the terms and conditions on which our partner restaurants/shops supply any of their meals and products (the "Meals/Products") listed on our site to you. Please read these terms and conditions carefully before ordering any Meals from our site. By accessing our site and placing an order you agreed to be bound by these terms and conditions and our terms of use policy.
If you have any questions relating to these terms and conditions please contact info@ibiza-runners.com before you place an order. If you do not accept these terms and conditions in full please do not use our Service.
ibiza-runners.com is a website operated by You Name it S.L, incorporated and registered in the Spain. Ibiza Runners is a business where the food/product is prepared by independent restaurants/shop (our "Partner Restaurants/Shops") and delivered by us.
The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner Restaurant/Shops and menu/product of their choice and allowing you to order Meals/Products from them. Ibiza Runners markets Meals/Products on behalf of our Partner Restaurants/Shops, concludes orders on their behalf and delivers the Meals/Products to you.
Ibiza Runners offers an ordering and delivery service from our Partner Restaurants/Shops throughout Ibiza in Spain. Each Partner Restaurant/Shop has a prescribed delivery area. This is to ensure that their Meals reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. We do not accept orders from individuals to a post code in which we do not have a Partner Restaurant/Shop. Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants/Shops. Please click on the relevant link to view the menus/product list on our Service, and then click on your chosen menu/product which will provide you with the option to submit your order to your chosen Partner Restaurant/Shop.
When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by the Partner Restaurant (the "Confirmation Email") will be sent to you by us on behalf of the Partner Restaurant/Shop. The contract for the supply of any Meal/Product you order through us will be between you and the Partner Restaurant/Shop and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal/Product. Ibiza Runners seeks to provide a quality service and will be the first contact in event in there is a problem with your Meal/Product either in regards to food/product quality and/or temperature. We do monitor our Partner Restaurants/Shops very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Restaurants/Shops or in respect of the Meals/Products by emailing or calling us.
All Meals/Products are subject to availability. Your Partner Restaurant/Shop may offer an alternative for any Meal/Product it cannot provide you with. Our Partner Restaurants/Shops may use nuts in the preparation of certain Meals/Products. Please call our Partner Restaurant/Shop prior to ordering if you have an allergy. Ibiza Runners cannot guarantee that any of the Meals/Products sold by our Partner Restaurants/Shops are free of allergens.
Persons placing an order for alcohol from us or our Partner Restaurants/Shops must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over. Ibiza Runners operates the Challenge 25 age verification policy whereby customers who are lucky enough not to look 25 or over, will be asked to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. Ibiza Runners reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. Ibiza Runners also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.
Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Meal/Product is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant/Shop at that time.
You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner Restaurant/Shop will classify a bad order as any order which is cancelled after food has been used to start preparing the order (a "Started Order"). Customers can cancel an order by contacting the Ibiza Runners. Ibiza Runners and the Partner Restaurant/Shop may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Ibiza Runners or a Partner Restaurant/Shop will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. Ibiza Runners alone will determine whether an order is a Started Order or not.
The price of any Meals/Product will be listed on our Service. Prices include VAT. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals/Products listed on our Service may be incorrectly priced. The relevant Partner Restaurant/Shop will normally verify prices as part of the order process. Payment for all Meals/Products can be made by credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Ibiza Runners and is subsequently passed on by Ibiza Runners to the Partner Restaurant/Shops. We are authorised by our Partner Restaurants/Shops to accept payment on their behalf and payment of the price of any Meals/Products to us will discharge your obligations to pay such price to the Partner Restaurant/Shop. When we make a delivery, we may at our sole discretion charge you a payment processing fee ("Delivery Fee") which will be notified to you before you complete your order.
Also, surcharge (“Surcharge”) mey be charged depending if you are using Credit, Debit cards or Paypal.
To the extent permitted by law, Ibiza Runners provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Ibiza Runners nor any Partner Restaurant/Shop shall have have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Ibiza Runners or the Partner Restaurant/Shop is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals/Products you have paid for in your order. This does not include or limit in any way Ibiza Runners's or any Partner Restaurant/Shop liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.
Neither you, Ibiza Runners nor the Partner Restaurant/Shop shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
Ibiza Runners may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
The Spanish courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Spain.
IBIZA RUNNERS TERMS OF USE FOR WEBSITE
1. INTRODUCTION
These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
2. INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, under these Terms, and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
3. RESTRICTIONS
You are specifically restricted from all of the following
Certain areas of this Website are restricted from being access by you and may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
4. YOUR CONTENT
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Reserves the right to remove any of Your Content from this Website at any time without notice.
5. NO WARRANTIES
This Website is provided “as is,” with all faults, and express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
6. LIMITATION OF LIABILITY
In no event shall , nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. , including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. INDEMNIFICATION
You hereby indemnify to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
8. SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
9. VARIATION OF TERMS
Ibiza Runners Is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
10. ASSIGNMENT
Ibiza Runners is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. ENTIRE AGREEMENT
These Terms constitute the entire agreement between and you in relation to your use of this Website, and supersede all prior agreements and understandings.
12. GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the State of Spain, and you submit to the non-exclusive jurisdiction of the state and federal courts located in for the resolution of any disputes.