Contract Conditions

CONDITIONS OF CONTRACT

These contracting conditions for the services provided, as indicated below, (the " Contracting Conditions ") establish the terms and conditions applicable to the acquisition of products and services through the website hosted under the domain name https:/ /www.thevillaconcept.com and any of the subdomains dependent on it (the “ Website ”) that V&H, SL (“ V&H ” or “ THE COMPANY ”), makes available to its users (the “ Users ”).

The acquisition of goods and services through the Website by a User implies knowledge, understanding and acceptance, necessarily and without any reservation, of the terms and conditions stipulated in these Contract Conditions, as well as the terms and conditions stipulated in the terms of use of the Website accessible through the following link (the “ Terms of Use ”). Therefore, it is recommended that Users read these Conditions of Contract carefully, as well as the Terms of Use, messages, instructions or warnings that are communicated to them while browsing or making use of the services provided through the Website, while They must comply with all of them. If Users disagree with these stipulations, they should not use the Website.

  1. IDENTIFICATION OF THE COMPANY

 

V&H, SL, is a Spanish company with registered office at CALLE DE ALICANTE, 15, provided with NIF number B87722153 and registered in the Mercantile Registry of Madrid, in Volume 35544, Folio 205 and Sheet M638863.

  1. PURPOSE OF THE CONTRACT

These Conditions of Contract make up the entire contract through which the conditions of purchase of the products made available to Users by THE COMPANY on the Website (the " Products ") are regulated.

  1. PURCHASE OF PRODUCTS

 

  • How to buy a Product.

To order Products, the User must follow the purchase procedure established on the Website, as well as read and accept these Conditions of Contract. An email will then be sent to the User confirming that the order for the Product in question has been accepted. Only those Products indicated in the order will be the object of the contract.

  • Product Availability

In the event that, once the confirmation of shipment of the requested Product or Products has been sent to the User, the requested Product cannot be made available for any reason, the User will be notified as soon as possible. In that case:

  • The User will be offered, without a price increase, a product with characteristics and specifications similar to the one initially requested, as long as they are in accordance with the User's needs; I

  • The User will be offered to cancel the requested order by refunding the amount paid for it, within a period of (14) business days.

  • Product Warranty

All the products offered through the Website will be completely original, unless otherwise indicated in their description. Likewise, all of them will have a guarantee period of 2 years from the receipt of the Product, in accordance with the criteria and conditions described in 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 that may be applicable. Said guarantee will be provided by the provider of the Product.

Bearing in mind that the Website sells Products that typically have a life/use period of less than 2 years, it will be understood, unless proven otherwise, that the Products are in accordance with the contract as long as they meet all the requirements expressed below. : a) They conform to the description made by THE COMPANY and possess the qualities of the Product that THE COMPANY has presented to the User; b) Are suitable for the uses to which the Products of the same type are ordinarily used. c) Present the usual quality and benefits of a Product of the same type that the User can reasonably expect, taking into account the nature of the Product.

Users benefit from the guarantee given by the different manufacturers of each of the articles. Defects or damage due to incorrect use or handling of the material or wear caused by its use are not included in this guarantee. Losses in the functionality of the Products, due to their design limitations, are also excluded from the coverage of this guarantee.

During the warranty period, the User may return, free of charge, any Product that has a manufacturing defect. To formalize the return, the User must contact the COMPANY via email pedidos@thevillaconcept.com. In the case of a defective Product, THE COMPANY will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free of charge for the client. The client must inform the seller of the lack of conformity within 2 months of becoming aware of it.

  • Delivery of Products

The Products will be delivered to the address indicated by the User when placing the order within approximately one to seven (1-7) business days from when they leave the warehouse, depending on the destination.

Notwithstanding the foregoing, Users are informed that the stipulated delivery dates will be estimates.

THE COMPANY does not assume any responsibility when the delivery of the Product does not take place as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the shipping company, assigned for such purpose. effect, such as the absence of the User or the retention of the Product in customs.

The delivery times are those indicated at the time of placing the order. In the event of any problem or incident, THE COMPANY undertakes to do everything in our power to resolve it as soon as possible and speed up delivery.

  • Shipping costs

Shipping costs include transport, insurance and customs clearance at origin. If the order goes through any customs, THE COMPANY is not responsible for the additional expenses that this entails.

If the order of a Product made by the User goes through any customs, THE COMPANY is not responsible for the additional expenses that this entails.

For purchases over +€150 shipping is free within the peninsula.

  • Price and Payment of the Products

The prices applicable to each Product will be those published on the Website on the date the User places the order.

  1. Way to pay

The User may make the payment by Visa, Visa Electron, Mastercard, American Express, Apple Pay or PayPal credit or debit cards. To minimize the risk of unauthorized access, the User's credit card data will be encrypted.

  1. Value Added Tax (VAT)

The applicable VAT rate will be the one legally in force at all times depending on the specific product in question.

  1. RETURN AND EXCHANGE OF PRODUCTS

 

To exercise the right of withdrawal, the Client must contact THE COMPANY through the email pedidos@thevillaconcept.com. Once the return request is approved, the Client must download and complete the Return Form and send it to the email: pedidos@thevillaconcept.com .

The right of withdrawal consists of rescinding a contract, returning all or part of the Products purchased by sending them to our logistics center, with shipping costs for the return or exchange being paid by the Customer. This must be done before 14 calendar days have passed from the receipt of the Product.

There are claim forms available in our office. You can access them by requesting them in our email pedidos@thevillaconcept.com

To exercise the right of withdrawal, the Customer must return the items in the same state in which they were delivered. Returns of underwear or swimwear items will not be accepted.

  1. SUBCONTRACTING OF CERTAIN SERVICES

 

  1. OBLIGATIONS AND RESPONSIBILITY OF THE USER

 

By registering as a User of the Website, the User agrees to make diligent, correct and lawful use of the Website, as well as the service, fully subject to the law, morality, public order and commonly accepted customs.

THE COMPANY conditions the use of the service to the prior completion of the corresponding User registration on the Website. When registering, the User must select an identifier (ID) and a password, agreeing to keep it and use it with due diligence.

The use of the password is personal and non-transferable, and its transfer to third parties is not allowed. Consequently, the User is solely responsible for the diligent use of his password with complete indemnity for THE COMPANY otherwise. In the event that the User becomes aware of or suspects the use of his password by third parties, he must notify THE COMPANY of this circumstance as soon as possible.

The User guarantees THE COMPANY that all the personal information provided is accurate, truthful and up-to-date, as well as the bank information provided for the payment of the Products. It corresponds and is the obligation of the User to keep, at all times, their updated data, the User being solely responsible for the inaccuracy or falsity of the data provided to THE COMPANY and for the damages that may be caused to THE COMPANY or to third parties.

In relation to mobile notifications, the User guarantees to be the owner or subscriber of the declared mobile numbers and is responsible for notifying THE COMPANY of any changes to them. Likewise, the User undertakes to review the notifications that THE COMPANY sends him, since they may contain important information.

The User is expressly prohibited from:

  • Make unauthorized or fraudulent use of the Website;
  • Access or attempt to access restricted resources on the Website;
  • Impersonate the identity of third parties or harass other Users, as well as use the Website and its different possibilities in an offensive, harmful, or inappropriate manner in accordance with the Law, good faith, morality, and public order.
  • Use the Website for illicit, illegal purposes, contrary to what is established in these Conditions of Contract, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or prevent the normal use or enjoyment of the Site Web;
  • Cause damage to the Website or to the systems of third parties or other Users, as well as, in particular, to introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the systems of THE COMPANY, of third parties or other Users;
  • Attempting to access, use and/or manipulate the data of THE COMPANY, third parties or other Users;
  • Apply reverse engineering techniques, decipher, decompile or use any other system to know the source code of the Website or any other element subject to copyright or intellectual or industrial property rights;
  • Share or publish the form models provided by THE COMPANY to Registered Users through the Website for commercial purposes;
  • Provide the email of one or more third parties without their express consent; I
  • Modify or attempt to modify the Website or perform actions or use means to alter its appearance or its functions.

  1. OBLIGATIONS AND LIMITATION OF LIABILITY OF THE COMPANY

 

THE COMPANY is obliged to the Users to provide the Products in accordance with those indicated in these Conditions of Contract.

THE COMPANY does not guarantee the availability and continuity of the operation of the Website. THE COMPANY will not be in any case responsible for any damages that may arise from:

  • The lack of availability or accessibility to the Website;
  • The interruption in the operation of the Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of its operation;
  • Errors or delays in access to the Website by the User when entering their data in the registration form, slowness or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of case fortuitous or force majeure and any other unforeseeable contingency beyond the good faith of THE COMPANY;
  • Losses, damages or damages of any kind that arise from accessing and using the Website, including, but not limited to, those produced in computer systems or those caused by the introduction of viruses and/or computer attacks;
  • The veracity, integrity or updating of the information that is not of its own elaboration;
  • The differences or inaccuracies that may exist on the Website due to the lack of resolution of the mobile device screen or problems with the browser used or others of this nature;
  • Those 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; I
  • Other damages that may be caused by third parties through unauthorized interference beyond the control of the Website.

THE COMPANY does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to it that may cause alterations in the physical or logical systems of the User or in the electronic documents and files stored in their systems. Consequently, THE COMPANY will not be, in any case, responsible for any damages of any kind that may derive from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the User.

THE COMPANY does not guarantee that unauthorized third parties cannot know the conditions, characteristics and circumstances in which Users access the Website. Consequently, THE COMPANY will not be in any case responsible for any damages that may arise from such unauthorized access.

With the signing of these Conditions of Contract, Users declare that they will hold THE COMPANY harmless against any claim against it, its parent company, directors, partners, employees, lawyers and agents derived from the breach by Users of any provision contained in these Conditions of Contract or any law or regulation applicable to them of the breach or violation of the rights of third parties.

In any case, THE COMPANY will only be liable for those damages that Users may suffer as a result of willful action, or manifestly negligent action on the part of the latter, in relation to access to the Website, the provision of its services, as well as the use of the contents, tools and functionalities of the Website.

  1. COMPENSATION

 

In the event that THE COMPANY, the companies of its group or any other person involved in the creation, production and distribution of this Website suffer any type of damages, losses, losses or costs (including the fees of lawyers and solicitors that would have been necessary) as a consequence of a breach by the Users of these Contract Conditions, they will be obliged to fully compensate the damages caused. What is established above will apply, in particular, but without being limited to, the cases in which, as a consequence of the breaches of the Users, there are claims by third parties against THE COMPANY or any of the companies of its group. Users will hold THE COMPANY and its group companies harmless, who may claim any expense, cost, damage or loss that may have been derived from their actions, as long as this expense, cost, damage or loss is caused by breach of the these Conditions of Contract by the User.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

 

This Website belongs to V&H. Its contents (including, but not limited to, its source code, trademarks, images, icons, designs, and general presentation) are protected, in accordance with Spanish, community, and international regulations, by copyright, trademarks, and other rights. of intellectual and industrial property owned by V&H, its group companies or third parties. Access to this Website does not confer in any case, nor can it be interpreted as authorization or license of any kind on such content and rights.

In addition, certain trade names, brands, logos, slogans, drawings, fashion designs and other materials displayed on this Website belong to and/or are duly registered in the name of V&H or other entities. Users are not authorized to use any of said elements, whose property will remain, in any case, under the ownership of V&H.

Any act of reproduction, distribution, transformation or public communication is expressly prohibited, as well as any type of assignment of all or part of the content of the Website and/or, in general, any act of exploitation of all or part of the contents. (images, texts, design, indexes, forms, etc.) as well as possible databases that V&H may contain and any object that is protectable according to current legislation, especially in accordance with intellectual and industrial property regulations.

Users may, from time to time, print copies of the individual pages of the Website, provided they do so for their personal, non-commercial use.

V&H expressly reserves any civil and criminal actions, under Spanish and foreign legislation, that may correspond to it as a consequence of the violation of the peaceful possession and/or unauthorized use of its industrial and intellectual property rights.

  1. DATA PROTECTION

 

Browsing and use of certain Services on this Website, as well as the acquisition of Products through it, requires or may require Users to provide personal data. THE COMPANY treats this type of information in compliance with the applicable legislation, as detailed in its Privacy Policy that forms part of these Contract Conditions.

  1. COOKIES POLICY

While browsing the Website, the use of cookies will be used, the use of which will be regulated, in accordance with the provisions of the applicable regulations, and as indicated in the Cookies Policy of the Website, which, in turn, forms part of the Privacy Policy.

In this regard, we inform you that cookies are small data files that are stored in the terminal of the User visiting the Website and that contain or store certain information from the visit to it.

  1. MODIFICATION OF THE CONDITIONS OF CONTRACT

THE COMPANY reserves the right to modify or update the Contract Conditions at any time and without prior notice, due to regulatory requirements, for technical reasons, due to changes in the services offered by THE COMPANY or due to strategic decisions of the companies that are part of THE COMPANY, by modifying or updating the text accessible to Users in these Contract Conditions, for which reason Users are recommended to review it periodically.

If the User is not satisfied with the changes, they must stop using the Website and, where appropriate, unsubscribe from any registration associated with the Website. The use of the Website after making the changes will imply acceptance of them.

If necessary, the modification in these Conditions of Contract will be informed to the User and, where appropriate, their consent will be requested. In the event that the User does not give their consent for the processing of this data, they may not continue to enjoy the provision of services by THE COMPANY.

  1. NOTIFICATIONS

 

THE COMPANY may make the appropriate notifications through the email address provided by the Users in the form

  1. ASSIGNMENT

Users may not assign their rights and obligations under these Contract Conditions without the prior written consent of THE COMPANY. Likewise, THE COMPANY may assign to any entity included within its group of companies, throughout the world, as well as to any person or entity that succeeds it in the exercise of its business by any titles.

  1. RESIGNATION

 

No waiver by THE COMPANY of a specific legal right or action or the lack of a requirement by THE COMPANY for strict compliance by the User with any of its obligations will mean, nor a waiver of other rights or actions derived from a contract or these Conditions of Contracting, nor will it exonerate the User from the fulfillment of his obligations.

No waiver by THE COMPANY of any of these Contract Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

  1. SAFEGUARDING AND INTERPRETATION

 

These Contract Conditions constitute an agreement between each of the Users and THE COMPANY. If the competent authority declares any provision as illegal, invalid or unenforceable, it must be interpreted in the closest way to the original intention of said provision. Such declaration regarding one or several clauses will not affect the validity of the rest. The fact that THE COMPANY does not demand strict compliance with any of the stipulations contained in these Conditions of Contract does not constitute nor can it be interpreted in any case as a waiver on its part to demand its strict compliance in the future.

 

  1. LANGUAGE

 

The language applicable to these Contract Conditions is Spanish. Therefore, Users expressly accept that they are governed by their version in Spanish. If a version in another language is offered, it is merely a courtesy, for the convenience of Users.

  1. APPLICABLE LAW AND JURISDICTION

 

Except in the cases in which the current applicable regulations oblige to submit to a different legislation, this Website, its contents and services, the relations between the Users and THE COMPANY, as well as these Conditions of Contract will be governed and must be interpreted according to to Spanish law.

Except in cases in which the current applicable regulations require submission to a different jurisdiction, such as that relating to the courts and tribunals of the User's domicile, which will be strictly respected if it is imperative; Any question or controversy derived from or related to this Website, its contents and services, the relations between the Users and THE COMPANY, as well as these Conditions of Contract will be submitted to the judges and courts of Madrid.