Terms & Conditions
TERMS AND CONDITIONS
General Information
The ownership of this website, SILENCIOSA.cc (hereinafter, “Website”) holds SHHH SILENCIOSA, S.L. (hereinafter, “Silenciosa”), with tax identification number No. B-10592202 and registered office in Barcelona (Spain), Passatge Mercader No. 4, 2nd 2nd and registered in the Mercantile Register of Barcelona, under vol- ume 48297, Folio 57, sheet 579183, inscription 1.
Through this document the terms and conditions governing this Website are regulated and the purchase or acquisition of products offered through it (hereinafter, “Terms and Conditions”).
For these purposes, the activity that Silenciosa offers and develops through this Website is the sale of products, goods and clothing related to fashion.
By using and browsing this Website and / or purchasing products through it, the user consents and agrees to be bound by the Terms and Conditions; If you do not agree, you must leave this Website.
Likewise, you are informed that these Terms and Conditions may be modified, so it is your responsibility to review and consult them each time you access the Website, since those that are valid at the time of the visit or of product acquisition.
The Company and the Brand
SILENCIOSA is a registered trademark of SHHH SILENCIOSA SL, a company registered in Spain, in the Mer- cantile Registry of Barcelona, der volume 48297, Folio 57, sheet 579183, inscription 1 with tax identification number nº B-10592202 and registered office in Barcelona (Spain), Passatge Mercader nº 4, 2nd 2nd
The user
The access, navigation and use of the Website confers the condition of user (hereinafter, the “User”); therefore, from the moment the navigation of the Website begins all the Terms and Conditions hereby established are ac- cepted, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for correct and proper use of the Website, which will be extended to:
- make use of this Website only for legally valid inquiries, purchases or acquisitions;
- not make any false or fraudulent If it could reasonably be considered that a purchase of this nature has been made, it could be annulled and the pertinent authorities informed;
- provide truthful and lawful contact information, for example, email address, postal address and / or other
If the User does not provide all the necessary information, their order cannot be processed.
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website
Process of purchase or acquisition of products through the website
The collection and storage of personal information sent to Silenciosa is governed by regulations on data protection applicable to Spain in the terms set out below.
Once the payment has been verified, the User will receive an email confirming that SILENCIOSA has received their order and will be informed, by email, that their order has been sent to the address provided. If the case may be, this information may be made available to the User through your personal account.
Orders placed on our website are subject to stock availability and conditions offered. Items that are added to the shopping cart will not be reserved and will be available for sale to other customers who visit the online store at the same time.
Only once the order has been placed through our website, stocks will be reserved to carry out the purchase.
Prices and payment methods
The prices of the products are shown in euros (€). Orders can only be placed in the currency corresponding to the country from which the shipment is made, and we can not offer alternative currencies to any customer.
The prices of products for the EU include taxes, specifically, the Value Added Tax (VAT). The prices of the products for customers that do not reside in the EU do not include the Value Added Tax.
However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which will be added to the total amount of the purchase. The shipping price will depend on the distance to be traveled and the place of delivery.
The means of payment accepted by Silenciosa are credit and debit cards.
Silenciosa uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the respective issuing bank; If said entity does not authorize payment, Silenciosa will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.
Once Silenciosa receives the purchase order from the User through the Website, a pre-authorization will be made on the card provided to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of the shipment is sent to the User in the indicated place.
In any case, when you click CONFIRM, the User confirms that the method used is its own.
Delivery
The order will be delivered in the place provided by the User when ordering the purchase within 3-5 business days (EU Standard Shipping), and 10-15 business days (International Standard) except in exceptional, unforeseen circumstances and extraordinary, in which case Silenciosa Velocidad will contact the User to inform him of this circumstance in order to decide how he wants to proceed with the order. In any case, the orders will always be delivered on working days.
The User may choose between the delivery of the order at the chosen address or that is deposited in an access point provided the courier company.
If the User chooses the first of the options and it would be impossible to carry out the delivery of the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it delivered again.
There is also the option for the User to choose the Access Point option offered by the courier company. In this case, the User will receive a message in which they will indicate the site where they can go to collect the package and from when.
For the purposes of these Terms and Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.
The risks derived from the product once it has been delivered, shall be borne by the User.
Returns and changes
Returns are only accepted in any of the possibilities indicated below in case of items purchased directly in silenciosa.cc. If an item has been purchased at a direct point of sale to the public, it must be returned directly to the place where it was purchased. In case of items purchased from one of the Silenciosa distributors, the distributor will be contacted directly to arrange the exchange or refund.
Any query that the User has regarding returns and changes can be directed to customercare@silenciosa.cc
In any case, no change, return or refund will be made if the product has been used beyond the opening thereof, of those products that are not in the same conditions in which they were delivered or that have suffered any damage after the delivery. Likewise, the product must be returned in a state like new, without using or washing and using or including all original packaging, instructions, and other documents that accompany them, as well as a copy of the purchase invoice.
Right of withdrawal
In accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, “General Law of Consumers and Users ”), The User, as a consumer, has the right to withdraw from the contract within a maximum period of 14 calendar days without the need for any justification from receipt of the order by the User or any third party authorized by him.
To exercise this right of withdrawal, the User must notify his decision before the 14 calendar days indicated to Silenciosa through an email addressed to customercare@silenciosa.cc , indicating clearly and unequivocally that it is his intention to withdraw from the contract shopping.
In case the withdrawal proceeds, SILENCIOSA will send a reply email confirming that possibility and indicating that the item must be sent back within a maximum period of 14 calendar days from the moment he made the withdrawal communication to Silenciosa. Shipping costs will be borne by the User. In addition, the User 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, which may be deducted from the amounts to be returned as a result of the exercise of the right of withdrawal.
For its part, Silenciosa will reimburse the User for the amount of the purchase for the same payment method used to make the initial purchase, without generating any additional expenses to the User (except as indicated in the previous paragraph, if applicable). However, Silenciosa will retain said refund until the pro- duct (s) or item (s) of the purchase have been received.
In any case, no refund will be made if the product has been used beyond the opening thereof, of those products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery. Likewise, the product must be returned as new, without using or washing and using or including all its original packaging, instructions, labels and other documents that may accompany them, in addition to a copy of the purchase invoice.
Guarantee. Return of non-conforming products or shipping error
If the User is a consumer and user, we offer guarantees on the products we sell through this Website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
A product will not be compliant when it does not conform to what is stipulated in the contract or purchase order under the terms established in the General Law of Consumers and Users.
For these purposes, it is understood that the products are in accordance with the contract provided that they conform to the description made by Silenciosa, are suitable for the uses to which the products of the same type are ordinarily destined, possess the qualities presented therein and Present the quality and perfor- mance specified in the product description. Items that have been damaged due to use will not be considered defective.
To avoid any confusion, they are considered nonconforming items those items that have been received with some type of defect or present a defect in manufacturing or sublimation.
It should be noted that the colors that appear on the Website try to be as faithful as possible with the color of the product but it is possible that depending on the brand and calibration of the monitor, these have different nuances when applied to the tissues. Similarly, the measurements that correspond to each size are perfectly established in the Size Table.
For this reason, a change in size or color will not be considered a reason for disagreement.
In any case, if a product is not in accordance with the purchase contract in the terms established by law, the User must immediately inform SILENCIOSA indicating the existing disagreement through an email sent to the following address: customercare@silenciosa.cc
The User will then be informed on how to proceed with the return of the item and this, once returned, will be examined and the User will be informed, within a reasonable time, if the repair, replacement of the same or, where appropriate, the refund in accordance with the provisions of the General Law of Consumers and Users.
In any case, you should return the product using or including all original packaging, instructions, labels and other documents where appropriate accompany them, along with a copy of the purchase invoice.
Size change
In the event that the product does not fit the size of the User, the User has a period of 15 calendar days from the receipt of the product to notify Silenciosa to the following address customercare@silenciosa.cc indicating the specific reason why returns as well as the size for which you want to change it.
The User will then be informed about the availability of size and how to proceed with the return of the product item. The cost of sending the item and the collection of the return will be borne by the User.
For this, no change will be made if the product has been used beyond its opening, of those products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery. Likewise, the product must be returned as new, without using or washing and using or including all its original packaging, instructions, labels and other documents that may accompany them, in addition to a copy of the purchase invoice.
Silenciosa reserves the right to refuse reimbursement of returned items that are not in perfect condition.
Liability and disclaimers
unless expressly provided otherwise in these Terms and Conditions, our liability in relation to any product purchased on this Website will be strictly limited to the purchase price of that product.
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
- lost revenue or sales:
- loss of business;
- loss of earnings or loss of contracts;
- loss of anticipated savings;
- data loss; and
- loss of management time or office hours
Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital in- formation, we do not guarantee the accuracy and security of the information transmitted or obtained through this Website unless it is established expressly the opposite in it.
Likewise, Silenciosa your responsibility for the following cases:
- Silenciosa applies all measures concerning providing a faithful visualization 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.
- Silenciosa will act with the utmost diligence in order to make available to the company responsible for transporting the product object of the purchase However, it is not responsible for damages resulting from a malfunction of transport, especially –but not limited- for causes of strikes, road retentions and, in general, for any other of the sector, resulting in delays, loss or theft of the product.
- Technical failures that due to fortuitous or other causes impede normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. Silenciosa puts all the means at your fingertips in order to carry out the process of purchase, payment and shipment / delivery of the products; however, it disclaims liability for causes that are not attributable to it, fortuitous event or force majeure.
- Silenciosa will not be responsible for the misuse and / or wear of products that have been used by the At the same time, Silenciosa Velocidad is not responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product, in perfect condition and following the instructions detailed in these Terms and Conditions.
- In general, Silenciosa will not be responsible for any breach or delay in the fulfillment of the obligations assumed, when it is due to events that are beyond its reasonable control; that is, due to force majeure.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues and Silenciosa will have an extension in the period to fulfill them for a period of time equal to the duration of the cause of force majeure. Silenciosa Velocidad will put all reasonable means to find a solution that allows us to fulfill their obligations despite the force majeure.
WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications we send to you be in writing. By using this Website, the User accepts that most of said communications with Silenciosa 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 any contract, notification, information and other communications that Silenciosa sends him electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
The user can send notifications and / or communications with Silenciosa through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.
INTELLECTUAL PROPERTY RIGHTS
The use of the Silenciosa website does not grant any rights with respect to copyright or intellectual property rights related to the content of the website. All copyrights are protected under national and international legislation.
The content of our website may only be reproduced or distributed exclusively with the express and written permission of Silenciosa.
PERSONAL DATA PROTECTION
The information or personal data that the User provides at Silenciosa in the course of the transaction on the Website, will be treated in accordance with the provisions of current regulations and in the terms established in the Privacy Policy. 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 and data provided are true.
COOKIES
Our Website uses cookies to distinguish you from other users of our Website. This allows us to offer you a good browsing experience, as well as improve the website. Check our Cookies Policy.
CONTACT
LEGISLATION AND JURISDICTION
These Terms and Conditions are governed by Spanish law and both the User and Silenciosa agree to submit to the non-exclusive jurisdiction of the Spanish courts with respect to any matter related to the Website. Last update: May 2018