Terms of use

These terms of use (the “ Terms of Use ”) establish the terms and conditions to access and use the website hosted under the domain name https://www.thevillaconcept.com and any of the subdomains dependent on it (the “ Website ”) that the company V&H, SL (“ V&H ” or “THE COMPANY” ) makes freely available to its users (hereinafter, “ Users ”).

The mere access to the Website implies knowledge, understanding and acceptance, necessarily and without reservation, of the terms and conditions stipulated in these Terms of Use. Therefore, it is recommended that Users carefully read these Terms of Use, as well as the messages, instructions or warnings that are communicated to them while they browse or use the Website, as long as they must comply with all of them. If Users disagree with these stipulations, they should not use the Website.

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

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

1. IDENTIFICATION OF THE OWNER OF THE WEBSITE

The owner of the Website and the person in charge of the treatment of the personal data of the Users is V&H, SL, 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.

The User may contact THE COMPANY at the following email address: pedidos@thevillaconcept.com .

2. PURPOSE OF THE WEBSITE

The Website makes available to Users an online purchase service for different types of products (the " Service ").

3. MINORS

Users who use the Service offered on the Website guarantee to be of legal age. Otherwise, if THE COMPANY identifies that it uses or has used, has contracted, collected information or registered a minor as a User, it will proceed to eliminate all the data and information that has been collected and it will proceed to its elimination from immediately, as well as the deletion of the registration of your data as a User on the Website, suspending the provision of the Service.

4. ACCESS TO THE WEBSITE

Access, browsing and use of the Website is free. Some of the services provided through the Website may be regulated by contracting conditions, policies and/or special instructions which, in such cases, will replace, complete or modify the content of these Terms of Use.

The User must access the Website in accordance with good faith, the rules of public order and these Terms of Use. Access to the Website will be carried out under the User's own and exclusive responsibility, who will respond in any case for damages and damages that may be caused to third parties or to THE COMPANY.

Users undertake to make appropriate and lawful use of the Website in accordance with applicable legislation and these Terms of Use. Users must refrain from:

  • Make unauthorized or fraudulent use of the Website;
  • Access or attempt to access restricted resources of 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 Terms of Use, 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.

 

5. CONTRACTING THE SERVICE

The mere access to the Website and acceptance of these Terms of Use implies knowledge, understanding and acceptance, necessarily and without any reservation, of the terms and conditions stipulated in the Service contracting conditions accessible through the following link (the " Conditions of Contract ”).

These Contract Conditions will apply each time the User places an order for any of the products offered on the Website. Likewise, it should be taken into account that such Contract Conditions are part of and must be completed with these Terms of Use.

 

6. LIMITATION OF LIABILITY

THE COMPANY does not guarantee the availability and continuity of the operation of the Website. Consequently, 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 damages that may arise from such unauthorized access.

THE COMPANY will not be responsible for the contents provided by the User, such as photographs or files, nor does it confirm the ownership of the copyright of the images or videos provided by the User.

With the subscription of these Terms of Use, 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 Terms of Use or any law or regulation applicable to the same 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 or manifestly negligent action on its part, 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.

 

7. LINKS TO THIRD PARTIES

THE COMPANY does not control the content of other sites that can be accessed from the Website; or to which it allows access through different links (links). Therefore, THE COMPANY is not responsible for the information contained therein or for any effects that may derive from said information. THE COMPANY makes such links available to Users, for their comfort and convenience, an action that in no case may be interpreted as approval or sponsorship, by THE COMPANY, of the contents of said websites. THE COMPANY does not offer any guarantee, express or implicit, about the veracity, property, validity or legality of any of the linked sites and their content.

If any User or a third party observes that the contents to which this Website allows access through links may be contrary to the laws, morality or public order, they must inform THE COMPANY by email: pedidos@thevillaconcept.com .

 

8. INDEMNITY

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 Terms of Use, the Users in question 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 Terms of Use by the User.

9. 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 occasionally print copies of the models, forms or documents from 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.

10. DATA PROTECTION

Browsing and use of certain Services on this Website may require Users to provide personal data. THE COMPANY processes this type of information in compliance with the applicable legislation, in accordance with its Privacy Policy that is part of these Terms of Use.

11. COOKIE 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.

12. NOTICES

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

 

13. ASSIGNMENT

Users may not assign their rights and obligations under these Terms of Use 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.

14. WAIVER

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 Terms of Use, nor will it exonerate the User from the fulfillment of his obligations.

No waiver by THE COMPANY of any of these Terms of Use 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.

15. SAFEGUARDING AND INTERPRETATION 

These Terms of Use 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 Terms of Use does not constitute nor can it be interpreted in any case as a waiver on its part to demand strict compliance in the future.

 

16. LANGUAGE

The language applicable to these Terms of Use 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.

 

17. APPLICABLE LAW AND JURISDICTION

Except in the cases in which the applicable regulations force to submit to a different legislation, this Website, its contents and services, the relations between the Users and THE COMPANY, as well as these Terms of Use 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 Terms of Use will be submitted to the judges and courts of the capital Madrid.