GENERAL INFORMATION
This document (together with all documents referred to herein) sets out the terms and conditions governing your use of this website (https://elsilenciodelvalle.com/) and your purchase of products from this website (the “Terms”). Please read these Terms and Conditions, our Cookie Policy and our Privacy Policy (together, the “Privacy Policy”) carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and our Privacy Policy and if you do not agree to all of the Terms and the Privacy Policy, you should not use this website.
If you have any questions regarding the Terms and Conditions or the Data Protection Policy, you can contact us through our contact channels.
OUR DETAILS
The sale of services through this website is carried out under the name El Silencio del Valle by Ildefonso Muñoz-Mónica Serrano-Begoña Duque-Miren Karmele Hurtado de Saratxo-Clara Peña-Eva María Fernández. S.C., with CIF E42716936, telephone +34 747437017 and e-mail info@elsilenciodelvalle.com.
YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The personal information or data you provide about yourself will be processed in accordance with the provisions of the Data Protection Policy. By using this website you consent to the processing of such information and data and declare that all information or data you provide is true and accurate.
USE OF OUR WEBSITE
By using this website and placing orders through this website you agree to:
- To use this website only to make legally valid enquiries or orders.
- Not to place any false or fraudulent orders.
- If we reasonably believe that such an order has been placed we will be entitled to cancel it and inform the relevant authorities.
- To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we require, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into a contract.
AVAILABILITY OF THE SERVICE
The products of www.elsilenciodelvalle.com are unique as they are totally handmade and exclusive and are put on sale once they have been made, so they are sent directly to you.
HOW TO PLACE AN ORDER
To place an order, you must follow the online checkout procedure and click on “Checkout”. You will then receive an e-mail acknowledging receipt of your order (the “Order Confirmation”).
TECHNICAL MEANS TO CORRECT ERRORS
You may correct errors related to the personal data provided during the purchase process by sending an e-mail to info@elsilenciodelvalle.com, as well as exercising your right to rectification as set out in our Privacy Policy.
This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. This website also provides details of all the items you have added to your basket during the checkout process, so that, before making payment, you can modify the details of your order.
If you detect an error in your order after the payment process has been completed, you should contact El silencio del valle immediately, by calling the above telephone number or email address, in order to correct the error.
PRODUCT AVAILABILITY
All orders are subject to product availability.
PRICE AND PAYMENT
Prices are subject to change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you an Order Confirmation. Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step is to process your order and make payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the details of your order.
You may use the Paypal platform as a means of payment.
To minimise the risk of unauthorised access, your credit card details will be encrypted. Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.
VALUE ADDED TAX AND INVOICING
In accordance with the provisions of article 68 of Law 37/1992, of 28 December 1992, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.
RETURNS POLICY
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract with a maximum of 24 hours after your purchase.
To exercise the right of withdrawal, you must notify El Silencio del Valle, by writing to the email info@elsilenciodelvalle.com, your decision to withdraw from the contract through an unequivocal statement. To meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of this right on your part is sent before the expiry of the deadline.
Consequences of withdrawal
In the event of withdrawal by you, we will refund all payments received from you, without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to effect such reimbursement using the same means of payment used by you for the initial transaction. You will not incur any costs as a result of the refund.
GUARANTEES
If you contract as a consumer and user, we offer guarantees on the products we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from delivery of the product.
It is understood that the products are in conformity with the contract provided that (i) they conform to the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses for which products of the same type are normally intended and (iii) they present the usual quality and features of a product of the same type that are reasonably expected. In this sense, if any of the products do not comply with the contract, you must inform us by any of the means of communication provided for this purpose.
INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.
VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or deleterious programs or material onto this website. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause could lead to the commission of offences punishable by the applicable regulations. We will report any such breach to the relevant authorities and will co-operate with them to discover the identity of the attacker. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.
We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.
LINKS FROM OUR WEBSITE
Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only and we have no control over the content of those websites or materials. We therefore accept no liability whatsoever for any loss or damage arising from their use.
WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.
NOTIFICATIONS
The notifications that you send us must be sent via our email address info@elsilenciodelvalle.com In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send communications to you either by email or to the postal address provided by you when placing an order.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us and our respective successors, assigns and successors in title. You may not transfer, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent.
We may transfer, assign, charge, encumber, sub-contract or otherwise transfer a contract or any of our rights or obligations under it at any time during its term. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any warranties, whether express or implied, that we may have given to you.
EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control (“Force Majeure Event”).
Force Majeure Events shall include any act, event, default, omission or accident beyond our reasonable control including but not limited to the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, 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.
Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations despite the Force Majeure Event.
WAIVER
Our failure to require strict performance by you of any of your obligations under a contract or these Terms or our failure to exercise any right or remedy which may be available to us under such contract or these Terms shall not constitute a waiver or limitation of such right or remedy or relieve you of any such obligation.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section above.
PARTIAL NULLITY
If any of these Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in force and shall not be affected by such declaration of nullity.
ENTIRE AGREEMENT
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreements, understandings or promises made between you and us orally or in writing.
You and we acknowledge that we have consented to enter into a contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or writing in the negotiations between us prior to the contract, except as expressly referred to in these Terms.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with these Conditions.
RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions. We will keep you informed of material changes to these Terms and Conditions. The changes made shall not be retroactive and, subject to possible exceptions on a case-by-case basis, shall apply 30 days after the date of their publication in the relevant notice.
If you do not agree with these changes, we recommend that you do not use our website.
APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.
Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome your comments and suggestions. Please send us such comments and suggestions, as well as any queries, complaints or claims, through our contact channels or the postal or e-mail address indicated in clause 2 of these Terms and Conditions.
Your complaints and claims will be dealt with as soon as possible and, in any case, within the legally established period.
If you as a consumer consider that your rights have been violated, you can send us your complaints via the e-mail address info@elsilenciodelvalle.com in order to request an out-of-court settlement of disputes.
In this regard, if the purchase between you and us has been concluded online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to apply with us for an out-of-court settlement of consumer disputes accessible via the Internet address http://ec.europa.eu/consumers/odr/.
