This document contains the Terms and Conditions that regulate the use of this website and the contract that binds us to each other – You and Us – (hereinafter the Terms and Conditions). These Terms and Conditions establish the rights and obligations of all users (hereinafter You/Your) and those of SILBON (hereinafter We/Our/the Seller) in relation to the products/services that we offer through this website, or through any other web page which we can redirect to using a link (hereinafter referred to collectively as the Silbon Services). Please read carefully these Terms and Conditions and our Top10 Declaration before clicking on the “Authorise payment” button to place the order. By using this website, or placing an order through it, you agree to be bound by these Terms and Conditions and our Top10 Declaration, and as such, if you are not in accordance with all the Terms and Conditions and the Top10 Declaration, you should not place an order.
These Terms and Conditions are subject to modification, so you must read them before making each order.
- Use of our website
These Terms and Conditions are the only conditions applicable to the use of this website and replace any other, unless prior express written consent has been given by the Seller. These Terms and Conditions are important both for you and for us, as they have been designed to create a legally binding agreement between us in order to protect your rights as a customer and our rights as a company. You declare that, by placing an order, you have read and accepted without any reservation the present Terms and Conditions.
You agree that:
– You may only make use of the website to make queries or to process legally valid orders.
– You may not make any speculative, false or fraudulent request. If we have reasonable grounds to consider that an order of this nature has been made, we shall be authorised to cancel it and inform the relevant authorities.
– You are also obliged to provide us in some way with your correct email address, postal address and/or other contact information and consent that we may use this information to contact you if necessary (see our Declaration of Privacy).
– If you do not supply the required information, we cannot process your order.
– By placing an order through this website, you guarantee that you are over 18 years of age and that you have the legal capacity to enter into a binding contract with us.
- Availability of service
The articles offered through this website are only available in the following Member States of the European Union: Germany (except the island of Helgoland and the city of Büsingen), Spain, France (except for Overseas territories), Italy (except San Marino, Liviano, Campione d’Italia and the waters of Lake Lugano), Portugal and the United Kingdom.
- How the contract is formalised
This information and the details contained on this website do not constitute an offer to sell, but rather an invitation to do business. A contract does not exist between you and us, in relation to any product, until your order has been expressly accepted by us. In the event that your order is not accepted, but the amount has already been charged to your account, said amount shall be reimbursed in full.
To place an order, you should follow the online purchase procedure and click on “Authorise payment”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Keep in mind that this does not mean your order has been accepted, only that you have made us an offer to purchase one or more products. All orders are subject to our acceptance and we will confirm said acceptance by sending you an email in which we confirm that the product is being shipped (the “Shipping Confirmation”). The contract between you and us (Contract) for the purchase of a product is only formalised once the “Shipping Confirmation” email has been sent.
Only the products listed in the Shipping Confirmation shall be subject to the Contract. We are not obligated to supply any product that may have been ordered until we have confirmed its delivery in the Shipping Confirmation.
- Product availability
All product orders are subject to availability and, to this end, if difficulties arise with regard to their supply, or if there are no units left in stock, we reserve the right to provide you with information on substitute products of equal or superior quality and value that you could order in their place. If you do not wish to place an order for these substitute products, we shall reimburse you for any amount that you may have paid.
- Refusal to process an order
We reserve the right to withdraw products from our website at any time and/or to remove or edit any of their content. Although we endeavour to make all reasonable efforts to process all orders and ship all items, exceptional circumstances may arise that prevent us from processing an order once the Order Confirmation has been sent, and we reserve the right to do so at any time, at our sole discretion.
We accept no responsibility for the withdrawal of or modification to any product featured on this website, regardless of whether said product has been sold or not; likewise, we accept no responsibility for the withdrawal of or modification to any of the contents included on the website, or for refusing to process an order once we have sent the Order Confirmation.
- Right to cancel the purchase
If you are contracting as a consumer, you may withdraw from the Contract at any time s within 7 working days of receipt of your order. In this case, you would be reimbursed the price paid for such products in accordance with our Returns Policy (see Clause 13).
Your right to withdraw from the Contract only applies to products that are returned in the same condition in which they were received. This must include all instructions, documents and packaging related to the products. No refund shall be made if the product has been used or if it has suffered any damage, so you should take care when handling the products while they are in your possession.
Please treat the products with reasonable care while they are in your possession and keep, if possible, the original boxes and packages in case of a return.
You can find more details on these rights as recognised by law, as well as the explanation on how to exercise them in clause 13 of these Terms and Conditions; you will also receive a summary of said rights with the Shipping Confirmation.
This provision does not affect any consumer rights recognised by current legislation.
Notwithstanding that which is established in Clause 5 above, and unless extraordinary circumstances occur, we will try to ship the order of the products/s listed in the Shipping Confirmation before the delivery date shown therein or, if no delivery date is specified, within 15 days of the Shipping Confirmation date.
Delays may be due to the following reasons:
– Personalisation of products;
– Specialised items;
– Unforeseen circumstances;
– Delivery area;
If, for any reason, we are unable to make the delivery date, you will be duly informed and we will give you the option to either continue with the purchase, establishing a new delivery date, or to cancel the order and receive a full refund of the price paid. Please bear in mind that we do not deliver on Saturdays or Sundays.
For the purpose of these Terms and Conditions, it shall be understood that the “delivery” has taken place or that the products have been “delivered” at the moment of signing the corresponding receipt at the agreed delivery address.
- Inability to deliver a package
If, after two attempts, it has not been possible for us to carry out the delivery, we will try to find a safe place to leave the package. We will leave you a note explaining where your package has been left and how you can collect it. If you know that you are not going to be present at the place of delivery at the agreed time, we ask that you please contact us to arrange a different delivery date.
- Transfer of risk and ownership
Any risks regarding the products become your responsibility, effective from the moment of delivery.
You acquire ownership of the products once we have received full payment of the corresponding amount, including shipping costs, or at the time of delivery (according to the definition found in clause 8), if this takes place at a later time.
- Price and payment
The price of the products is that which is stipulated on our website at the time of purchase, except in the case of an evident error. Although we try to make sure that all prices listed on the page are correct, sometimes errors can occur. If we discover a price error regarding the products you have ordered, we shall inform you as soon as possible and give you the option to reconfirm your order at the correct price or to cancel it. If we can’t manage to get in touch with you, the order shall be considered cancelled and you shall be reimbursed in full for the amount paid.
We are under no obligation to dispatch any item at an incorrect lower price (even if we have sent the Shipping Confirmation) if the error in price is obvious and unmistakable and could have been reasonably recognised by you as an incorrect price.
All prices on the website include VAT but exclude shipping costs, which will be added to the total amount due as set out in our Shipping Costs Guide.
Prices may change at any time, but (except as stated above) said changes shall not affect any orders for which we have already sent a Shipping Confirmation.
Once you have selected the items that you wish to purchase, they will be added to your basket and the next step will be to process the order and carry out payment.
To do this:
Click on the “Shopping Basket” button at the top of the page.
Click on the “View Basket” button.
Click on the “Process Order” button.
Fill in or check the contact information, the details of your order, the delivery address and the invoicing address.
Choose your preferred method of payment.
Click on “Authorise Payment”.
You can pay with Visa, Mastercard or American Express. To minimise any risk of unauthorised access, your credit card information will be encrypted.
If you prefer to pay with Paypal, you will be charged once we have confirmed the order.
By clicking on “Authorise Payment” you confirm that the credit card you are using is yours.
We use “Comodo” to ensure that the payment has been made safely.
Credit card payments are subject to checks and authorisation from the card issuer, but if that entity does not authorise the payment, we shall not be held responsible for any delay or failure to deliver and we would not be able to formalise a Contract with You.
- Value added tax
In accordance with current regulations, any purchase made through the website shall be subject to Value Added Tax (VAT), except for those that are destined for the Canary Islands, Ceuta and Melilla.
In this regard, and pursuant to Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common VAT system, deliveries shall be deemed to be located within the Member State of the address where the items are to be delivered, and the applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.
According to the applicable rules and regulations in each jurisdiction, the rule of “reverse charge” (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union, if the invoice recipient is a business owner or professional and as such is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to confirmation from the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries would be exempt from VAT by application of the provisions set out in Article 146 of the aforementioned Directive, without prejudice to the application of taxes and fees in accordance with the regulations in force in each of them.
- Responsibility and exemption from liability
Our responsibility with regard to any Product purchased on our website shall be strictly limited to the purchase price of said Product.
Nothing in these Conditions of Purchase excludes or limits in any way our liability:
In the event of any death or personal injury caused by negligence on our part;
In the event of fraud or fraudulent misrepresentation;
In any matter in which it would be illegal or unlawful to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the provisions of the preceding paragraph, and to the extent permitted by law, unless otherwise stated in these Terms and Conditions, we shall not accept any liability for indirect damages that occur as a side effect of the main losses or damages, however they occur, whether they are caused by civil wrongdoing (including negligence), breach of contract or other, even if they could have been foreseen, including but without limitation to the following:
– loss of income or sales;
– loss of business;
– loss of profits or contracts;
– loss of anticipated savings;
– loss of data;
– waste of management or office time.
All product descriptions, information and materials that appear on this website are provided “in the state in which they are found” and without express, implied or derived guarantees in any other form.
To the extent permitted by law, we exclude all guarantees except for those guarantees that cannot be legitimately excluded from consumers.
The provisions of this clause shall not affect your consumer rights as recognised by law, nor your right to withdraw from the Contract.
- Intellectual property
You acknowledge and agree that all copyrights, trademarks and other intellectual property rights relating to material or content included on the web page belongs at all times to us or to those who granted us a license for use. You may only use said material in the way in which we, or those who have granted us the license for use, have expressly authorised. This will not prevent you from using this webpage to the extent necessary to copy the information about your order or contact data.
- Written communications
The applicable regulations require that part of the information or communication that we send to you be in writing. By using this website, you accept that most communication by us will be electronic. We will contact you either by email or by providing you with information through posting notices on this website. For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically comply with the legal requirement of being in writing. This condition does not affect your rights as recognised by law.
Any communications that you send us should preferably be submitted using our contact form, in accordance with the provisions of clause 16 and, unless otherwise stipulated, we may send you communications using either the email or postal address provided by you at the time of placing an order.
It shall be understood that communications have been received and carried out correctly either at the time they are posted on our website, 24 hours after sending an email, or three days after the posting a letter. To prove that a communication has been made, it shall be sufficient to prove, in the case of a letter, that it carried the correct address, was properly sealed and that it was duly delivered to a post office or to a mailbox or, in the case of an email, that it was sent to the email address specified by the recipient.
- Transfer of rights and obligations
The Contract between you and us is binding both for you and for us, as well as for our respective heirs, successors, and assignees.
You may not transmit, assign, encumber or otherwise transfer a Contract, or any of your rights or obligations resulting from it, without our prior written consent.
We may transmit, assign, encumber, subcontract or in any other way transfer a Contract, or any of our rights or obligations resulting from it, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers shall not affect your consumer rights as recognised by law, nor cancel, reduce or limit in any way the guarantees, both express and implied, that we could have given you.
- Incidents beyond our control
We shall not be responsible for any breach of contract or delay in the fulfilment of any of the obligations that we assume under a Contract, in the event that they are caused by events beyond our reasonable control (“Force Majeure”).
Circumstances of Force Majeure can include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and in particular includes, but is not limited to, the following:
Strikes, lockouts or other industrial action.
Civil commotion, rebellion, invasion, terrorist attack or threat, war (declared or not) or threat of or preparation for war.
Fire, explosion, storm, flood, earthquake, ground instability (sinking), epidemic disease or any other natural disaster.
Inability to use trains, boats, aeroplanes, motor vehicles or any other means of public or private transport.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions from other governments.
Maritime, river or postal (or any other type of transport) strike, accident or fault.
It shall be understood that our obligation for compliance under any Contract be suspended during the period in which the Force Majeure incident continues, and we shall have an extension of the time period in which to fulfil our obligation while that period lasts. We shall use all reasonable means to end the Force Majeure incident or to find a solution through which we can fulfil our obligations under the Contract despite the Force Majeure.
If, during the term of a Contract, we cease to insist on strict compliance with any of the obligations assumed under it or with any of these Terms and Conditions, or if we fail to exercise any of the rights or resources we were entitled to exercise or impose by virtue of said Contract or Terms and Conditions, this shall not constitute a waiver of said rights or resources nor shall it exempt you from complying with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall take effect, unless it is expressly stipulated that it is a waiver and communicated to You in writing in accordance with the provisions laid out in the above Communications section.
If any of the present Terms and Conditions or any provision of a Contract is considered invalid, illegal or unenforceable to any extent by the relevant authorities, it shall be separated from the rest of the conditions and provisions, which shall remain valid to the extent permitted by law.
- Contract integrity
These Terms and Conditions, and any document expressly referred to therein, constitute the entire agreement between you and us in relation to the object of the Contract and supersede any other contract, agreement or prior promise agreed between you and us either verbally or in writing.
You and We acknowledge having agreed to enter into this Agreement without having relied on any statement or promise made by the other party, or that could have been inferred from any statement or document in the negotiations between the two parties, regarding said Contract, apart from those that are expressly mentioned in the present Terms and Conditions.
Neither you nor we shall have recourse against any uncertain statement made by the other party, oral or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Terms and Conditions.
- Our right to modify these conditions
We reserve the right to review and amend these Terms and Conditions at any time.
The valid policies and Terms and Conditions shall be those in effect at the time the user places an order, except in the event that by law or decision of governing bodies we are obliged to make changes to said policies, Terms and Conditions or Declaration of Privacy, in which case, such changes shall also be retroactively applied to your previous orders.
- Applicable Legislation and Jurisdiction
Contracts for the purchase of products through our site shall be governed by Spanish law.
Any controversy arising or related to said contracts shall be subject to the non-exclusive jurisdiction of the courts and tribunals of Córdoba.
If you are contracting as a consumer, nothing in this clause shall affect the rights recognised by current legislation.
- Comments and suggestions
Your comments and suggestions are more than welcome. We kindly ask you to send us such comments and suggestions through our contact form.
- Purchase guarantee
The items offered on this website are a selection of products from the SILBON collection and meet the same requirements for quality and guarantee as the products on sale at SILBON establishments.
[Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for Consumer Protection and other complementary laws (BOE No. 287, of 30-11-2007, pp. 49181-49215)]
Each product is accompanied by the following information:
Available sizes and colours*
*SILBON has made a concerted effort to display the colour of the items as close as possible to their real colour. Nevertheless, the colour of the products displayed on screen may be subject to variation depending on the quality of your computer monitor. In this sense, SILBON cannot guarantee that the colour that appears on your monitor is an exact match to the real colour of the product.