The person, company, or entity that owns the website is obliged to make the following information available to users in a permanent, easy, direct, and free manner (this document is the LEGAL NOTICE and is accessed via a link on the website's HOME page):
a) Identity of the service provider (D.H. INVESTMENTS, S.A., A07108269, Urb. Los Delfines – Centro Urbano s/n, 07760 CIUTADELLA DE MENORCA, beachclub@tumexsa.com, +34 971 188 082).
In addition to complying with the information requirements set forth in the previous section, the owner of the website must, prior to initiating the contracting procedure, make available to the recipient, in a permanent, easy, and free manner, clear, comprehensible, and unambiguous information on the following aspects:
a) The various steps that must be followed to conclude the contract.
b) Whether the provider will archive the electronic document in which the contract will be formalized and whether it will be accessible.
c) The technical means that the owner makes available to identify and correct errors in data entry. d) The language or languages in which the contract may be formalized. The Law allows this information to be included (points a, b, c, and d)
d) in the general LEGAL NOTICE.
e) The GENERAL CONDITIONS to which, where applicable, the contract must be subject, in such a way that they can be stored and reproduced by the recipient. EXCEPTIONS: The provider will not be obliged to provide the information indicated in the previous section when:
1. Both contracting parties agree to do so and neither of them is considered a consumer.
The owner is obliged to confirm receipt of the order to the issuer by any of the following means:
a) Sending an acknowledgment of receipt by e-mail or another equivalent means of electronic communication to the address indicated by the acceptor within twenty-four hours of receipt.
b) Directly on the same website, provided that the consumer is allowed to save this information. As in the previous section, it will not be necessary to confirm receipt of the acceptance of an offer when:
1. Both contracting parties agree to do so and neither of them is considered a consumer.
2. The contract has been concluded exclusively through the exchange of electronic mail or another equivalent type of electronic communication, provided that these means are not used for the sole purpose of circumventing compliance with such obligation.
For evidentiary purposes, it is recommended that the contracting process be carried out using a system that makes it possible to prove that the user accepts the conditions and confirms the purchase of the products once they have been able to access them.
In addition to the obligations established by the LSSICE, the general obligations derived from the LOPD-RGPD must be taken into account, which will be complied with by having contracted said service on this website:
a) Maintain a record of processing activities.
b) Comply with the duty of INFORMATION and CONSENT.
c) Contracts with DATA PROCESSORS.
d) Comply with the corresponding security measures.
We must bear in mind that, apart from the obligations indicated, which are the most important in any online purchasing process and which require the inclusion of a series of formalities prior to the implementation of the website, there are other obligations derived from other rules of a general nature that may affect any new establishment (whether real or virtual), the purchasing process, or even the recipients.
This regulation must be kept in mind when drafting the general terms and conditions of contracting and when providing the service (for example, the period for proceeding with the return of an order under the Consumer Law).
The most important rules are:
a) Royal Decree 1906/1999, of December 17, regulating telephone or electronic contracting with general conditions.
b) Law 44/2006 of December 29, on the improvement of the protection of consumers and users.
c) Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users (TRLGDCU).
d) Law 29/2009, of December 30, which amends the legal regime of unfair competition and advertising for the improvement of the protection of users and consumers.
e) Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users.
f) Law 7/1998, of April 13, on General Contracting Conditions, and subsequent amendments.
g) Law 7/1996, of January 15, on the Regulation of Retail Trade.
Another obligation of the LSSICE is the acceptance of the use of cookies by users who access the website. The service provider, at the time they install third-party cookies on users' terminals, must ask for their consent to be able to do so. (more info in the COOKIE POLICY document)
The sale of products over the internet is specifically regulated by the LSSICE and current data protection regulations (LOPD-RGPD), taking into account other laws that may directly or indirectly affect the way the service is provided.
Most of the obligations established are of a formal nature. It is recommended to have the following information accessible on the website via links: 'legal notice', 'privacy policy', 'cookie policy', and 'general terms and conditions' (for e-commerce). These texts are provided by our platform in its document area.
In addition, in the case of e-commerce, the purchasing process must be carried out in such a way that it is clear that the consumer can access the necessary information before contracting, that they accept the conditions, and, once the contract has been made, that they can access (and save) the confirmation. For all these reasons, we recommend that in the case of an online store, you carry out a complete audit regarding the LSSICE so that the conditions fully adapt to your activity.
If you wish to carry out a customized audit on this matter, contact us to provide you with a quote.
Committed to sustainable energy
At Llucatx we are committed to a cleaner and more environmentally friendly energy model. Therefore, we have incorporated a self-consumption photovoltaic installation that allows us to generate a large part of the energy we use in our facilities in a renewable way.
This installation has 30 solar panels and a total power of 17.55 kWp, with a generation capacity of up to 20 kW.
The project has been possible thanks to the support of the Investment Plan for the Energy Transition of the Balearic Islands (PITEIB) and the co-financing of the European Union, which has contributed a total of 9,009.00 €.
We continue to work to reduce our environmental footprint and actively contribute to the energy transition of our community.
