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GENERAL CONDITIONS OF SALE

1. GENERAL INFORMATION

The ownership of this website  https://turistbusinesses.com
(hereinafter Website) is held by: Belén Bolaños Pérez, with NIF: 43812788L,
and whose contact information is:

Address: C / Gilberto Cayol nº9 38107 / Tenerife

Contact phone: 673060121

Contact email: corporate@turistbusinesses.com

This document (as well as other documents mentioned here) regulates the
conditions governing the use of this Website (
https://turistbusinesses.com ) and the purchase or acquisition of
products and / or services therein ( hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Devayana / Enjoy
the Vip Service develops through the Website includes:

Marketing of leisure, gastronomy and
transport tourist activities .

In addition to reading these Conditions, before accessing, browsing and / or
using this website, the User must have read the Legal Notice and the
General Conditions of Use, including the cookie policy, and the
privacy policy and Devayana / Enjoy the Vip
Service data protection . By using this Website or by making and / or requesting the acquisition
of a product and / or service through it, the User agrees to be
bound by these Conditions and by all the aforementioned,
so if they do not agree with everything Therefore, you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The
User is responsible for consulting them each time he accesses, browses and / or uses
the Website since those that are in force at
the time the purchase of products and / or services are requested will be applicable .

For all the questions that the User may have in relation to the
Conditions, they can contact the owner using the
contact information provided above or, where appropriate, using the
contact form .


2. THE USER

Access, navigation and use of the Website, confers the condition of
user (hereinafter referred to, indistinctly, individually as
User or jointly as Users), for which they accept, from the
start of browsing the Website, all the Conditions
established herein , as well as their subsequent modifications, without prejudice to the
application of the corresponding mandatory legal regulations
as the case may be.

The User assumes his responsibility for a correct use of the Website. This
responsibility will extend to:

Make use of this Website only to make inquiries and
legally valid purchases or acquisitions.

Do not make any false or fraudulent purchase. If it
could reasonably be considered that a purchase of this nature has been made, it could be
canceled and the relevant authorities informed.

Provide truthful and lawful contact information, for example,
email address, postal address and / or other information (see Legal Notice and
General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to
enter into contracts through this Website.

The User may formalize, at their choice, with Devayana / Enjoy the Vip
Service the contract for the sale of the desired products and / or services
in any of the languages ​​in which these Conditions are
available on this Website.


3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the
established means and forms. They must follow the online purchase and / or
acquisition procedure of  https://turistbusinesses.com/ , during
which several products and / or services can be selected and added to the
cart, basket or final purchase space and, finally, click in: “Buy
and make payment”

Likewise, the User must fill in and / or check the information that
is requested in each step, although, during the purchase process, before
making the payment, the purchase details can be modified.

Next, the User will receive an email confirming
that Devayana / Enjoy
the Vip Service has received their order or request for purchase and / or provision
of the service, that is, the order confirmation. And, where appropriate, you will
also be informed by email when your purchase is
being shipped. Where appropriate, this information could also be made
available to the User through their personal connection space to the
Website.

Once the purchase procedure has concluded, the User consents that
the Website generates an electronic invoice that will be sent to the User
via email and, where appropriate, through their personal
connection space to the Website. Likewise, the User can, if he so wishes,
obtain a copy of his paper invoice, requesting it from Devayana / Enjoy
the Vip Service using the contact spaces on the Website or
through the contact information provided above.

The User acknowledges being up-to-date, at the time of purchase, of
certain particular conditions of sale that concern the product and / or
service in question and that are shown next to the presentation or, where
appropriate, its image on its page of the Website, indicating, by way of example
, but not exhaustive, and according to each case: name, price,
components, weight, quantity, color, details of the products, or
characteristics, how they will be carried out and / o cost of
benefits; and acknowledges that the completion of the purchase or
acquisition order materializes the full and complete acceptance of the
particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the
transactions carried out on the Website could be filed and
kept in the computerized records of Devayana / Enjoy the Vip
Service in order to constitute a means of proof of the transactions,
in any case , respecting reasonable security conditions and the
laws and regulations in force that are applicable in this regard, and
particularly in accordance with Regulation (EU) 2016/679 of the
European Parliament and of the Council, of April 27, 2016, regarding protection of
natural persons with regard to the processing of personal data
and the free circulation of these data (RGPD) and Organic Law 3/2018, of
December 5, Protection of Personal Data and guarantee of
digital rights, and the rights of Users in accordance with
the privacy policy of this Website.


4. AVAILABILITY

All purchase orders received by Devayana / Enjoy the Vip Service
through the Website are subject to the availability of the products and / or
to no circumstance or force majeure (clause nine of
these Conditions) affecting the supply of the themselves and / or the provision
of services. If there are difficulties in the supply of
products or there are no products in stock, Devayana / Enjoy the Vip Service
undertakes to contact the User and reimburse any amount that
may have been paid as an amount. This will be equally
applicable in cases in which the provision of a service becomes
unfeasible.


5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and
include taxes, unless due to legal requirements, especially in relation
to VAT, a different question is indicated and applied.

However, and unless otherwise indicated, the prices of
the items offered exclude shipping costs, which may be
incurred, which will be added to the total amount due to the time of managing
the shipping procedure by the User, and where he will consult
the available shipping methods and costs and will freely choose the one that
suits him best.

In no case will the Website add additional costs to the price of a
product or service automatically, but only those that the
User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes
will not affect orders or purchases for which the User
has already received an order confirmation.

The accepted means of payment will be: Credit or debit card, PayPal, and
Bank transfer

Credit cards will be subject to checks and authorizations
by the issuing bank, if said entity does not
authorize payment, Devayana / Enjoy the Vip Service will not be responsible for
any delay or lack of delivery and will not be able to formalize any contract with
the User.

Once Devayana / Enjoy the Vip Service receives the purchase order from
the User through the Website, a pre-authorization will be made on
the corresponding card to ensure that there are sufficient funds
to complete the transaction. The charge on the card will be made at the time
that the confirmation of shipment and / or confirmation of the
service provided in the form and, where appropriate, the established place is sent to the User .

If the means of payment is PayPal, the charge will be made when
Devayana / Enjoy
the Vip Service sends a confirmation of the purchase order or acquisition
of products and / or services to the User.

In any case, by clicking on “Buy and make payment” the User
confirms that the payment method used is his.

Purchase or acquisition orders in which the User selects
the bank transfer as a means of payment will be reserved for 5 calendar days
from the order confirmation in order to allow
sufficient time for the bank transfer to be taken into account by the
system. of payments used by Devayana / Enjoy the Vip Service for the Website
. When the system receives the transfer, the order will be prepared and
managed for shipping.

Through this payment method, the User must ensure that he
correctly enters the exact amount of the purchase order, as well as the
account number and the transfer reference. In case of error, Devayana / Enjoy
the Vip Service will not be able to validate the order, which will be canceled.

6. DELIVERY

In the cases in which it is appropriate to make the physical delivery of the
contracted good , the deliveries will be made within the following
territory: Spain (Peninsula and Balearic Islands)

Except for those cases in which there are unforeseen or
extraordinary circumstances or, where appropriate, derived from the customization of the
products, the purchase order consisting of the related products in
each purchase confirmation will be delivered within the period indicated on the Website
according to the shipping method selected by the User and, in any case,
within a maximum period of 30 calendar days from the date of
order confirmation.

If for any reason, which was attributable to it, Devayana / Enjoy the Vip Service
could not meet the delivery date, it will contact the User to
inform him of this circumstance and, he may choose to proceed with
the purchase by establishing a new delivery date or either cancel the order
with a full refund of the price paid. In any case,
home deliveries are made on working days.

If it is impossible to deliver the order due to the
User’s absence , the order could be returned to the warehouse. However, the
carrier would leave a notice explaining where the order is and
how to get it delivered again.

If the User is not going to be at the place of delivery in the
agreed time slot , they must contact Devayana / Enjoy the Vip Service to
arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for
delivery, and it has not been delivered for reasons not attributable to Devayana / Enjoy
the Vip Service, Devayana / Enjoy the Vip Service will understand that the User
wishes to withdraw from the contract and this it will be considered resolved. As a
consequence of the termination of the contract, all payments received from the
User will be returned, with the exception of the additional costs
resulting from the User’s own choice of a delivery method
other than the less expensive mode of ordinary delivery offered by the
Website. , without any undue delay and, in any case, within a
maximum period of 14 calendar days from the date on which the
contract.

However, the User must bear in mind that the transport derived from
the resolution may have an additional cost that may be passed on.

For the purposes of these Conditions, it will be understood that the
delivery has occurred or that the order has been delivered at the moment in which the
User or a third party indicated by the User acquires material possession
of the products, which will be accredited by the signature of the receipt
of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the
User from the moment of delivery. The User acquires
ownership of the products when Devayana / Enjoy the Vip Service receives
full payment of all amounts due in relation to the purchase or
acquisition made, including shipping costs, or at the time
of delivery, if it is takes place at a time after the
full receipt of the amount to be paid by Devayana / Enjoy the Vip Service.

In accordance with the provisions of Law 37/1992, of December 28,
on Value Added Tax (VAT), purchase orders for
delivery and / or provision will be understood to be located in the territory of
application of Spanish VAT if The delivery address is in
Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one
legally in force at all times depending on the specific article in
question.


7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that they detect that
an error has occurred when entering data necessary to process their
purchase request on the Website, they may modify them by
contacting Devayana / Enjoy the Vip Service through the
contact spaces enabled on the Website, and, where appropriate, through those
enabled to contact customer service, and / or
using the contact information provided in the first clause
(General information). Likewise, this information could also be
corrected by the User through their personal connection space to the
Website.

In any case, the User, before clicking on “Buy and make
payment”, has access to the space, cart, or basket where their
purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and
General Conditions of Use and, specifically, the Privacy Policy to
obtain more information on how to exercise their right of rectification
as established in Regulation (EU) 2016/679 of the European Parliament
and of the Council, of April 27, 2016, regarding the protection of
natural persons with regard to the processing of personal data and
the free circulation of these data (RGPD) and in Organic Law 3/2018, of
December 5, Protection of Personal Data and guarantee of
digital rights.


8. RETURNS

In the cases in which the User acquires products on or through the
owner’s Website, they are assisted by a series of rights, as
listed and described below:
Right of Withdrawal

The User, as consumer and user, makes a purchase on the
Website and, therefore, has the right to withdraw from said purchase within
a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the
User or a third party authorized by him, other than the carrier,
acquired material possession of the goods purchased on the
Devayana / Enjoy
the Vip Service Website or in the event that the goods that make up your order are
delivered separately, 14 calendar days from the day that the User or a
third party authorized by him, other than the carrier, acquired
material possession of the last of those goods that made up the same
purchase order , or in the case of a service contract, 14
calendar days from the day the contract was concluded.

To exercise this right of withdrawal, the User must notify
Devayana / Enjoy the Vip Service of their decision. You can do so, where appropriate,
through the contact spaces provided on the Website.

The User, regardless of the means they choose to communicate their
decision, must clearly and unequivocally express that it is their intention to
withdraw from the purchase contract. In any case, the User may use the
withdrawal form model that Devayana / Enjoy the Vip Service makes
available as part attached to these Conditions, however, its
use is not mandatory.

To meet the withdrawal period, it is enough that the communication that
unequivocally expresses the decision to withdraw is sent before
the corresponding period expires.

In case of withdrawal, Devayana / Enjoy the Vip Service will reimburse the
User for all payments received, including shipping costs (with the
exception of the additional costs chosen by the User for a
shipping method other than the less expensive mode offered in the
Website) without any undue delay and, in any case, no later than 14
calendar days from the date on which Devayana / Enjoy the Vip Service is
informed of the User’s decision to withdraw.

Devayana / Enjoy the Vip Service will reimburse the User using the same
payment method used by the User to carry out the initial
purchase transaction . This refund will not generate any additional cost to the User. Not ,
however, Devayana / Enjoy the Vip Service could retain such reimbursement
until he has received the products or purchase items, or until the
user proof of the return of the same, depending on what
condition is met first.

The User can return or send the products to Devayana / Enjoy the Vip
Service at:

And you must do so without any undue delay and, in any case, no
later than 14 calendar days from the date that
Devayana / Enjoy
the Vip Service was informed of the withdrawal decision.

The User acknowledges knowing that they must bear the direct cost of
return (transport, delivery) of the goods, if any were incurred.
In addition, it will be responsible for the decrease in value of the products
resulting from a manipulation other than that necessary to establish the
nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of
withdrawal, as stated in article 103 of Royal
Legislative Decree 1/2007, of November 16, which approves the
revised text of the General Law for the Defense of Consumers and Users
and other complementary laws. By way of example, and not exhaustive, this
would be the case of: personalized products; products that can
deteriorate or expire quickly; Music or video CDs / DVDs without their
packaging, as factory-sealed; products that for
hygiene or health reasons are sealed and have been unsealed after
delivery.

In this same sense, the provision of a service that the User
could contract on this Website is governed , since this same Law establishes that
the Right of withdrawal will not assist Users when the provision
of the service has been fully executed, or when it has begun. , with
the express consent of the consumer and user and with the acknowledgment
on their part that they are aware that, once the contract has been
fully executed by Devayana / Enjoy the Vip Service, they will have lost
their right of withdrawal.

In any case, no refund will be made if the product has been used
beyond the mere opening of it, for products that are not in the same
condition in which they were delivered or that have suffered any damage after
delivery.

Likewise, the products must be returned using or including all their
original packaging, instructions and other documents that
accompany them, as well as a copy of the purchase invoice.

In the following link you can download the Model
withdrawal form :
Return of defective products or error in shipping

These are all those cases in which the User considers that, at the
time of delivery, the product does not conform to what is stipulated in the
contract or purchase order, and that, therefore, they should contact
Devayana / Enjoy the Vip Service immediately and let you know the
existing disagreement (defect / error) by the same means or using
the contact information provided in the previous section (Right of
Withdrawal).

The User will then be informed about how to proceed with the return of
the products, and these, once returned, will be examined and
the User will be informed , within a reasonable period of time, if the refund or, where
appropriate, the replacement of the same. .

The refund or replacement of the product will be made as soon as possible and,
in any case, within 14 days from the date on which we
send you an email confirming that the refund or
replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to
a defect, when it actually exists, will be fully reimbursed,
including delivery costs and costs that
the User may have incurred to make the return. The refund will be made by the
same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the
legislation in force at all times for the User, as
consumer and user , will always be respected .
Guarantee

The User, as consumer and user, enjoys guarantees on the
products that can be purchased through this Website, in the
legally established terms for each type of product, Devayana / Enjoy
the Vip Service responding , therefore, by the lack of conformity of the same that
is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the
contract provided that: they conform to the description made by Devayana / Enjoy
the Vip Service and possess the qualities presented in it; are suitable
for the uses to which products of the same
type are ordinarily destined ; and present the usual quality and performance of a product of the
same type and that are fundamentally expected from it. When this is not the
case with respect to the products delivered to the User, the User must
proceed as indicated in the section Return of
defective products or error in shipping. However, some of the products that
are marketed on the Website may present characteristics that are not
homogeneous as long as they derive from the type of material with which
they have been manufactured, and therefore will form part of the individual appearance
of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires
a product from a brand or manufactured by a third party on the Website. In this
case, and considering the User that it is a defective product, the User
also has the possibility of contacting the brand or
manufacturer responsible for the product to find out how to exercise their
legal guarantee right directly against them during the two years
following the delivery of said products. For this, the User must
have kept all the information in relation to the guarantee of the
products.


9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Devayana / Enjoy the Vip Service
will not accept any responsibility for the following losses,
regardless of their origin:

any losses that were not attributable to any breach
on your part;

business losses (including lost profits, income,
contracts, anticipated savings, data, loss of goodwill or
unnecessary expenses incurred); or from

any other indirect loss that was not reasonably foreseeable by
both parties at the time the contract for the sale
of the products was formalized between both parties.

Likewise, Devayana / Enjoy the Vip Service also limits its
liability in the following cases:

– Devayana / Enjoy the Vip Service applies all the measures concerning
to provide a faithful display of the product on the Website,
however it is not responsible for the minimum differences or inaccuracies
that may exist due to lack of resolution of the screen, or problems
of the browser used or others of this nature.
– Devayana / Enjoy the Vip Service will act with the utmost diligence in
order to make available to the company in charge of transporting the
product that is the object of the purchase order. However, it is not responsible for
damages arising from a malfunction of transport,
especially for causes such as strikes, roadblocks, and in
general any other typical of the sector, which result in delays,
losses or theft of the product.
– Technical failures that, due to fortuitous or other causes, prevent the
normal operation of the service through the Internet. Lack of
availability of the Website for maintenance or other reasons, which
prevents the availability of the service. Devayana / Enjoy the Vip Service puts all
the means at its disposal in order to carry out the process of purchase,
payment and shipping / delivery of the products, however it disclaims
responsibility for causes that are not attributable to it, fortuitous event or
overwhelming force.
– Devayana / Enjoy the Vip Service will not be responsible for misuse and / or
of the wear of the products that have been used by the User. At the
same time, Devayana / Enjoy the Vip Service will not be responsible
for an erroneous return made by the User. It is the
User’s responsibility to return the correct product.
– In general, Devayana / Enjoy the Vip Service will not be responsible for
any breach or delay in the fulfillment of any of the
obligations assumed, when it is due to events that are
beyond its reasonable control, that is, due to Cause of force
majeure, and this may include, but are not limited to:
– Strikes, lockouts or other protest measures.
– Civil commotion, revolt, invasion, threat or terrorist attack,
war (declared or not) or threat or preparations for war.
– Fire, explosion, storm, flood, earthquake, subsidence,
epidemic or any other natural disaster.
– Impossibility of using trains, boats, airplanes,
motor transport or other means of transport, public or private.
– Impossibility of using public or private
telecommunications systems.
– Acts, decrees, legislation, regulations or restrictions of
any government or public authority.

In this way, the obligations will be suspended during the period in
which the force majeure continues, and Devayana / Enjoy the Vip
Service will have
an extension in the term to fulfill them for a period of time
equal to the duration of the force majeure. . Devayana / Enjoy the Vip
Service will use
all reasonable means to find a solution that allows it to
fulfill its obligations despite the cause of force majeure.


10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of
the communications with Devayana / Enjoy the Vip Service are electronic
(email or notices published on the Website).

For contractual purposes, the User agrees to use this
electronic means of communication and acknowledges that all contracts, notifications,
information and other communications that Devayana / Enjoy the Vip Service send
electronically comply with the legal requirements of being in writing.
This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with Devayana / Enjoy
the Vip Service through the contact information provided in these Conditions
and, where appropriate, through the contact spaces on the Website
.

Likewise, unless otherwise stipulated, Devayana / Enjoy the Vip
Service may contact and / or notify the User by email or
at the postal address provided.


11. WAIVER

No waiver by Devayana / Enjoy the Vip Service to a specific right or
legal action or the lack of requirement by Devayana / Enjoy the Vip
Service of strict compliance by the User of any of their
obligations will imply, nor a waiver of other rights or
derivative actions of a contract or the Conditions, nor will it exonerate the User from
compliance with their obligations.

No resignation by Devayana / Enjoy the Vip Service to any of
these Conditions or to the rights or actions derived from a contract
will take effect, unless it is expressly established that it is a resignation
and it is formalized and communicated to the User in writing.


12. NULLITY

If any of these Conditions were declared null and void
by a final resolution issued by a competent authority, the rest of the
clauses will remain in force, without being affected by said
declaration of nullity.


13. ENTIRE AGREEMENT

These Conditions and any document to which
express reference is made in these constitute the entire agreement between the User
and Devayana / Enjoy the Vip Service in relation to the object of sale and
replace any other agreement, agreement or previous promise agreed
verbally or in writing by the same parties.

The User and Devayana / Enjoy the Vip Service acknowledge having consented to the
conclusion of a contract without having relied on any statement or
promise made by the other party, except for what is expressly
mentioned in these Conditions.


14. DATA PROTECTION

The information or personal data that the User provides to
Devayana / Enjoy
the Vip Service in the course of a transaction on the Website, will be
treated in accordance with the provisions of the Privacy Policy or
data protection (contained, in your case, in the Legal Notice and
General Conditions of Use). By accessing, browsing and / or using the Website, the User
consents to the processing of said information and data and declares that all the
information or data provided are true.


15. APPLICABLE LAW AND JURISDICTION

Access, navigation and / or use of this Website and
product purchase contracts through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related
to the access, navigation and / or use of the Website, or with the interpretation and
execution of these Conditions, or with the sales contracts between
Devayana / Enjoy
the Vip Service and the User , will be subject to the non-exclusive jurisdiction
of the Spanish courts and tribunals.


16. COMPLAINTS AND CLAIMS

The User can send Devayana / Enjoy the Vip Service their complaints,
claims or any other comment they wish to make through the
contact information provided at the beginning of these Conditions
(General Information).

In addition, Devayana / Enjoy the Vip Service has official
claim forms available to consumers and users, which they
can request from Devayana / Enjoy the Vip Service at any time,
using the contact information provided at the beginning of these.
Conditions (General Information).

Likewise, if
a dispute arises from the conclusion of this purchase contract between Devayana / Enjoy the Vip Service and the User, the User as a
consumer may request an out-of-court settlement of disputes, in
accordance with Regulation (EU) 524/2013 of the Parliament.
Council and Council, of May 21, 2013, on online dispute resolution in
consumer matters and amending Regulation (EC) 2006/2004 and
Directive 2009/22 / EC. You can access this method through the following
website:  https://ec.europa.eu/consumers/odr/.

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