Terms and conditions

GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT

Hej Mallorca CB , hereinafter also referred to as: the Contractor

Hej Mallorca is the legal holder of the following trade name(s): Music Mallorca

ARTICLE 1 APPLICABILITY OF GENERAL TERMS AND CONDITIONS

These General Conditions and Intellectual Property Rights apply to all contracts and services of the private limited company Hej Mallorca in Palma de Mallorca.

1.1 The offering, requesting or posting of photographs that are the copyright or portrait right of someone else is not allowed.

1.2 Texts and/or photographs of third parties may not be used without the permission of the copyright holder.

1.3 It is not permitted to use protected names or logos of companies in your advertisement, other than the name of the company that manufactured or produced the object you are advertising.

1.4 You are not permitted to include a disclaimer regarding the authenticity or legality of the object you are advertising. Advertisers should ensure that their photos are authentic before offering them. If you are in doubt about the authenticity of an object, do not offer it.

ARTICLE 2 FORMATION, MODIFICATION AND CANCELLATION OF ORDER

2.1 The contract is established, after Hej Mallorca has received the signing of the placement order by Client.

2.2 The order confirmation shall be deemed to reflect the contract accurately and completely unless the Client protests against it in writing within eight days.

2.3 Changes to the specified advertisement will be made at no cost to Hej Mallorca. Hej Mallorca shall not be liable for inaccuracies in the advertisement. Hej Mallorca reserves the right to reject ads without giving reasons.

2.4 Cancellation of an order shall only be possible within eight days of the date of dispatch of the order confirmation and only in writing. Costs already incurred by Hej Mallorca in executing the contract shall be reimbursed in full.

2.5 Hej Mallorca is entitled to determine the location of the advertisement.

ARTICLE 3 TERMS OF PAYMENT

3.1 Payment shall be made within 10 days net of date of invoice, by direct debit to our bank account or payment by invoice specifying the payment term.

3.2 From thirty days after the invoice date, late payment interest is due in the amount of 1% per month or per part of a month. If the legal interest rate is higher than 12 % per year, the legal interest rate is due. All costs, both judicial and extrajudicial, incurred in order to collect its claim shall be borne by the client; these costs are set at 15% of the amount due with a minimum of € 200.00 excluding VAT.

3.3 Payments made by the client shall always serve to settle all interest and costs due and subsequently those invoices which have been outstanding the longest, even if the client states that the payment relates to a later invoice.

3.4 Hej Mallorca reserves the right to discontinue or cancel participation in any of its internet products, in any way, if payment is not made by Client.

ARTICLE 4 LIABILITY

4.1 Hej Mallorca’s liability in the event of incorrect execution of the order shall be limited to a maximum of the price charged to the Client for the advertisement.

4.2 Hej Mallorca accepts no liability for the content of advertisements submitted by Client. Client shall indemnify Hej Mallorca against any third party claim regarding the advertising content it has specified. Items supplied or made available to Hej Mallorca by the Client for the purpose of executing the contract shall not infringe any patent, license, copyright, registered drawing or design, trademark or trade name. Client shall indemnify Hej Mallorca against all claims of such nature and shall compensate any damage caused thereby.

4.3 Client bears the risk of inaccuracies in the text and other data it provides.

ARTICLE 5 ADVERTISEMENT CONTRACTS

5.1 Agreements run for the minimum duration of 12 months, starting from the date of order confirmation. Notice of termination shall be given in writing at least 2 months before the expiry of the advertising agreement period of 12 months.

5.2 Agreements are tacitly renewed annually, for the period of one year.

5.3 The contract prices may be increased annually by a percentage equal to the rate of inflation in the previous year, plus a surcharge of no more than 4%.

ARTICLE 6 COMPLAINTS

Complaints will only be accepted by Hej Mallorca if they are received in writing within fourteen days of the date of publication, accurately stating the nature and grounds for the complaint.

ARTICLE 7 PRICE CHANGES

Hej Mallorca’s prices are exclusive of sales tax (VAT). Prices may be increased by WebEffects if and to the extent that costs incurred by Hej Mallorca have increased by more than 5% over and above the costs prevailing for Hej Mallorca at the time of order confirmation.

ARTICLE 8 FORCE MAJEURE

In the event of force majeure, Hej Mallorca shall be entitled to suspend its obligations and if the situation of force majeure lasts for more than three months, it shall be entitled to terminate immediately the contract concluded with the Client under the obligation of the parties to return to each other what they have received from each other, without being liable for damages in any way. Force majeure includes government regulations that make execution of the work impossible or objectionable, strikes, supplier defaults, extraordinary weather conditions, fire, environmental and natural disasters.

ARTICLE 9 PUBLICATION DATE

The stated date of publication is only an approximation of the actual date of publication. Although every effort will be made to meet the stated date of publication, Hej Mallorca is not liable for the consequences of exceeding it. Such delay shall not entitle the Client to cancel the order or refuse payment, nor shall it oblige Hej Mallorca to make any compensation to the Client. All deadlines given by Hej Mallorca are indicative, and shall not bind Hej Mallorca.

ARTICLE 10 JURISDICTION

All contracts to which these conditions are declared applicable shall be governed by Spanish law. The application of the Vienna Sales Convention is excluded. All disputes arising from or in connection with contracts shall be submitted to the exclusive jurisdiction of the competent court in Palma de Mallorca.

ARTICLE 11 DEVIATING TERMS AND CONDITIONS

In the event that the Client uses general terms and conditions, they shall, to the extent that they conflict with these Terms and Conditions, not be applicable unless their applicability is expressly recognized by Hej Mallorca.

2. Property Rights

These General Terms and Conditions and Intellectual Property Rights shall apply to all contracts and services of the limited liability company Hej Mallorca in Palma de Mallorca.

1.1 Offering, soliciting or posting photos that are the copyright or portrait right of someone else is not allowed.

1.2 Texts and/or photographs of third parties may not be used without the permission of the copyright holder.

1.3 It is not permitted to use protected names or logos of companies in your advertisement, other than the name of the company that manufactured or produced the object you are advertising.

1.4 You are not permitted to include a disclaimer regarding the authenticity or legality of the object you are advertising. Advertisers should ensure that their photos are authentic before offering them. If you doubt the authenticity of an object, do not offer it.

3. Notice and takedown

Email: in**@mu***********.com

“I, the undersigned, declare in good faith that:

– I am the owner of certain intellectual property rights or an intermediary fully authorized to act on behalf of the owner (“IP Owner”);

– I believe in good faith that the ads below (designated by ad number) contain objects or materials that are not authorized by the IP owner, its intermediary or the law and therefore violate the rights of the IP owner;

– I release Hej Mallorca and all its affiliates from any third-party claim in connection with the removal of the ad(s) in question; and the information in this notice and statement is true and correct.”

Citing

“Intellectual property owner (name, company name). * Email address intellectual property owner: * Address intellectual property owner:

Phone intellectual property owner:

Description of problem (incl. Internet address): * ”