GENERAL CONDITIONS
GENERAL TERMS AND CONDITIONS
Introduction
This contractual document shall govern the General Conditions of contracting products or services (hereinafter, “Conditions”) through the marketplace store.heroesdelsilencio.com, owned by DITEX 2 S.L., hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Web.
These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- Is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
PROVIDER: intermediary between SUPPLIER and USER of the products or services published in the marketplace.
- DITEX 2 S.L., with registered office at POLIGONO MALPICA, CALLE C, 14, NIF B50201292 and with customer/USER service telephone 976577123.
SUPPLIER: seller of products or services to the USER, published in the PROVIDER’s marketplace .
USER: buyer of the products published in the marketplace.
Object of the contract
The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.
Contracting procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a user name and password, for which he/she shall be fully responsible for their use and custody, and shall be responsible for the veracity of the personal data provided to the PROVIDER, undertaking to make diligent use of the same and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft thereof or possible access by an unauthorized third party, so that the latter may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contract clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. Generalities of the offer.
8.
Price and period of validity of the offer.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Applicable law and jurisdiction.
GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
This marketplace platform offers the service of putting in contact OFFERS and DEMANDS charging, by electronic means, a commission for each purchase-sale management that is carried out under the General Conditions here exposed, not being responsible for the products and/or services offered by the external SUPPLIERS since, according to the EU Directive 2000/31/CE:
- It acts only as an intermediary between the PROVIDER and the USER acting as a “meeting point” or “data host”.
- There is no effective knowledge of the activity or information displayed by the SUPPLIERS, in the PROVIDER’s marketplace or in others, whether it is lawful or not, or whether it harms property and rights of a third party liable for compensation.
The service allows the USER to register on the marketplace, to contact the SUPPLIERS to place orders for products and/or services, to confirm receipt of the same and to communicate with each other using a messaging tool made available to them.
SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not send any order or activate any service until it has verified that payment has been made.
Shipments of goods will usually be made by express courier companies such as the post office according to the destination freely designated by the USER.
The delivery time will be between 2 and 6 working days, depending on the destination town and the chosen method of payment. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
Failure to execute the contract remotely
In the event that the contract cannot be executed because the contracted product or service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER with respect to the reimbursement of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of such amount.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER’s disposal and the USER, or the USER’s delegate, has signed the delivery receipt document.
It is the USER’s responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.
In the event that the contracting does not involve the physical delivery of any product, but an activation of some services, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download.
RIGHT OF WITHDRAWAL
Cancellation form: https://store.heroesdelsilencio.com/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the contract of sale if it was a provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the term for its exercise shall end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, and which are listed here
All returns must be communicated to the PROVIDER, requesting a return number by means of the form provided for this purpose, or by e-mail to info@ditex.com, indicating the corresponding invoice or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of 3 € to the USER by previously informing the USER through the same communication channel used.
Once the USER has received the return number, he/she shall send the product to the PROVIDER, indicating this number on the letter of shipment, with transportation costs at his/her expense, to the address of DITEX 2 S.L., POLIGONO MALPICA, CALLE C, 14.
ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: DITEX 2 S.L., POLIGONO MALPICA, CALLE C, 14
Phone: 976577123
Mail: info@ditex.com
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.
COMPETENCY
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, to know and to accept the present Conditions in all their extension.
GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of DITEX 2 S.L. or to what is stipulated herein, shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the cost of shipping, handling, packaging, insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether products are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent together with the purchased product. The invoice can be downloaded in PDF format by accessing the management panel of the website with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.
For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number 976577123 or via e-mail at info@ditex.com.
TRANSPORTATION COSTS
The prices published in the store do not include shipping or communication costs, installation or download costs, or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or quotation, since they are calculated according to the weight of the products and the delivery address.
The maximum transportation rate (VAT included) applied is as follows:
Peninsula up to 2 Kg: ………. €
Peninsula > 2 Kg up to 10 Kg: ………. €
Peninsula > 10 Kg: ………. €
Outside peninsula up to 2 Kg: ………. €
Outside peninsula > 2 Kg up to 10 Kg: ………. €
Outside peninsula > 10 Kg: ………. €
PAYMENT METHODS, FEES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:
- Credit card
- Pay Pal
Safety measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
PURCHASING PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the cart. In the cart, only the items, quantity, price and total amount will be displayed. Once the cart is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the shopping cart you can place an order by following the steps below for its correct formalization:
- – Verification of billing data.
2. – Checking the shipping address.
3. – Select payment method.
4. – Place the order (purchase).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the completion of the order.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.
DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the contract when the USER fails to comply with or follow any of the obligations set forth herein or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
WARRANTIES AND RETURNS
The guarantees will respond to the provisions of the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which can be accessed by clicking here.
If you want to customize this section, you should check that the wording is in accordance with the provisions of the title of WARRANTIES AND AFTER-SALES SERVICES of Legislative Royal Decree 1/2007.
APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services covered by these Conditions.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION of these Conditions.