1.-IDENTIFICATION OF THE PARTIES.
1.1 .- On the one hand, Valiryo Technologies, SL (hereinafter VALIRYO), residing at Polígono Comarca II Calle F 14 - 31191, Barbatáin (Navarra), NIF B71157135, registered in the Commercial Register of Navarra, volume 1691, folio 211, sheet NA-33554 and with the contact email address email@example.com, is the owner of the website www.valiryo.com (hereinafter the Website).
VALIRYO provides through the Website information on products and services offered, for which it is allowed to contract under the terms set forth in these general conditions of contracting.
1.2 .- And on the other hand, the visitor of the page that hires or acquires one or more products or services through the Web Site, which will acquire the status of customer (hereinafter the CLIENT or CUSTOMERS).
2.-OBJECT OF THE GENERAL CONTRACTING CONDITIONS.
2.1.- The purpose of these General Conditions of Contract is to regulate trade relations arising between VALIRYO and the CUSTOMER on the occasion of the acquisition of products accessible through the Web Site.
Notwithstanding that in the future these conditions may be offered in other languages, at present they are offered exclusively in Spanish.
3.-INFORMATION PRIOR TO CONTRACTING.
3.1 .- The acquisition of any of the products offered through the Web Site, implies acceptance of these General Conditions of Contract or, where appropriate, those that are published at the time of recruitment.
VALIRYO informs that the procedures for the acquisition of the products offered through the Web Site are those described in these general conditions, as well as those other specific ones that are indicated on screen during navigation.
4.-REGISTRATION IN THE SYSTEM AND PASSWORD CUSTODY.
4.2 .- As a result of the registration, the CUSTOMER will choose a password that must meet the security criteria established by VALIRYO. The CUSTOMER agrees to make diligent use and keep secret the password to access these services. CUSTOMERS are responsible for the proper custody and confidentiality of any identifiers and / or passwords to be used on the website and agree not to transfer its use to third parties, either temporarily or permanently, or to allow access to outsiders. Before any incident that the CUSTOMER may notice regarding the account or password, and in any case, before the suspicion that it may have been known by any third party, the CUSTOMER must inform VALIRYO as soon as possible for immediate cancellation, since until that time, VALIRYO disclaims any responsibility for the acts and / or operations that may have been performed on the Web Site resulting from improper custody of the password.
4.3 .- Any modification and / or correction of data provided by CUSTOMERS during navigation must be made according to the indications included in the Web Site. In particular, from the private area of each profile, the registered CUSTOMER may complete or modify the data relating to billing and the delivery address of the order.
5.1.- In general, in order to contract and/or acquire the goods and services promoted through the Website, the user must be of legal age and have the necessary legal capacity. If the CLIENT turns out to be a minor, he/she must prove and have the prior consent of his/her legal representative, who shall be considered responsible for the acts carried out by the minors in his/her charge; in the absence of consent of the legal representative, the minor must leave the Website immediately.
6. PRODUCTS AND SERVICES OFFERED. SYSTEM OF PURCHASE.
6.1.- The products and services offered on the Website, together with their characteristics, estimated cost of return and price, will appear on screen. Any item or service not included in the description is expressly excluded. The prices indicated on the screen are shown in Euros and include VAT and any other applicable taxes and will at all times be those in force, except in the case of typographical errors. The offers and their period of validity will be duly indicated on the screen. If the period of validity of the offer is not stated, it will be valid as long as it is shown on the screen. All products offered on the site are subject to availability. VALIRYO reserves the right to change the assortment of products.
6.2. - To proceed with the purchase of the products offered through the Portal, CUSTOMERS must add the product they wish to purchase in the Shopping Cart, according to the indications shown on the screen, filling in the electronic order form provided (or any other form that appears on the different screens of the Portal at any time) and sending it to the VENDOR after clicking on the icon/button "CONFIRM ORDER/ BUY", which implies the reading and acceptance of each and every one of the present General Conditions, as well as, if applicable, of the existing Particular Conditions.
6.3 .- Once the purchase is made, having completed the contracting procedure, VALIRYO will immediately confirm to the CUSTOMER by a message on screen and by an e-mail message to the e-mail account designated by the CUSTOMER [A1].
6.4.- VALIRYO will not file the electronic document in which the contract is formalized and therefore it will not be accessible later by the CUSTOMER, notwithstanding that these general conditions of contracting can be viewed and, where appropriate, downloaded by CUSTOMERS from the Web Site.
6.5.-VALIRYO reserves the right to modify the content, features and price of products offered through the Web Site. Such modifications, additions or withdrawals of products will not affect the products purchased by CUSTOMERS who will be governed by the conditions established at the time of purchase thereof.
7.- FORM OF PAYMENT AND SHIPMENT OF THE ORDER.
7.1.- The payment of the price of the order may be made through the means of payment that at any time are indicated on the screen. To proceed with the payment, the CUSTOMER must follow each and every one of the instructions that appear on the screen, providing the information requested in each case.
7.2 .- Shipping costs are included [A2].
7.3 .- After the purchase, VALIRYO will deliver the products purchased by the CUSTOMER to the person and address indicated in the order, within a normal period estimated between 3 to 7 days and, in any case, always before 30 calendar days from the date of placing the order. On Saturdays, Sundays and holidays, there will be no delivery of orders. Upon receipt of the order, it is up to the CUSTOMER to check the condition of the goods and indicate any anomalies on the delivery note.
7.4 .- The possible breakage or visible transport claims on the product must be communicated by the CUSTOMER to the carrier at the same time of receipt of the goods and to the VENDOR within 24 hours after receipt of the order. After this period VALIRYO will not be responsible for any claim for this reason since no transport agency is responsible for breakage after this period.
7.5 .- It will be understood that the services have been properly provided when they, as well as their phases have been properly validated in accordance with the methodology set out in the Offer.
8.1 .- In the event that the CUSTOMER fails to comply, in whole or in part, its payment obligations, VALIRYO may send the CUSTOMER at any time an extrajudicial requirement, and if not met, will proceed to the judicial claim of the debt being all interest and expenses that this could cause the exclusive account of the CUSTOMER and this regardless of other penalties that are provided for in this document.
9. PARTICULAR CONDITIONS.
9.1 .- In the event that VALIRYO and the CUSTOMER agree any particular condition different from these General Conditions, these must be collected in advance, expressly and in writing to have full validity and effectiveness in any contracting of products marketed by VALIRYO.
10. MODIFICATIONS / CANCELLATIONS / REFUNDS.
10.1 .- When the CUSTOMER does not hold the status of consumer or user:
10.1.1- Once the order is perfected by the acceptance of it by the CUSTOMER, it may not be modified, in whole or in part, by the CUSTOMER unless VALIRYO admits it expressly, previously and in writing, being in any case the costs generated by the modification, in whole or in part, for the exclusive account of the CUSTOMER. For its part, VALIRYO reserves the right to make changes without notice, provided they do not involve quality losses, maintaining in any case the quality standards that characterize their products.
10.1.2 .- In case of request for total or partial cancellation of an order, it must be previously authorized by VALIRYO, who in that case will return 0% of the amount provided in the Offer whose cancellation is requested.
VALIRYO will not accept any refund unless the goods contain manufacturing defects and this has been noted within a period not exceeding 24 hours from delivery or the provision of services suffered from any defect.
10.2 .- When the CUSTOMER is a consumer or user:
10.2.1 .- In case of request for total or partial cancellation of an order, it must be communicated to VALIRYIO before shipping the product, otherwise it will be understood as a return and will be governed by the provisions of Article 11 of these conditions. If it is exercised prior to shipment VALIRYO will proceed to refund the total amount paid.
10.2.2 .- During the maximum period of 14 days from receipt of the product the CONSUMER may request its return to VALIRYO proceeding to execute the same in accordance with the provisions of Article 11 of these conditions.
11.- RIGHT OF WITHDRAWAL.
11.1 .- When the CUSTOMER does not hold the status of consumer or user:
VALIRYO will admit any return of material motivated by errors made on the occasion of its management.
In the case of returns urged for any other reason the CUSTOMER must apply to the Sales Department a return number and pay 100% of the value of the order indicated on the invoice.
The returned products must be in good condition and must always be in their original packaging.
11.2.- When the CUSTOMER is a consumer or user:
Only CUSTOMERS who hold the status of consumers or users (hereinafter CONSUMERS) may exercise the right of withdrawal provided in this clause, provided that this is permitted by the nature of the goods purchased from VALIRYO, in accordance with the provisions of the Real Decreto Legislativo 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.
CONSUMERS are informed that they have the right to withdraw from this contract within 14 calendar days, without the need for justification. The withdrawal period shall expire after 14 calendar days from the day on which the CONSUMER or a third party indicated by the CONSUMER, other than the carrier, acquires the material possession of the goods.
In the case of a contract for the delivery of multiple goods ordered by the CONSUMER in the same order and delivered separately, the period shall commence on the day on which the CONSUMER or a third party indicated by the CONSUMER, other than the carrier, acquire material possession of the last of those goods.
To exercise the right of withdrawal, CONSUMERS must notify VALIRYO at the postal address Polígono Comarca II Calle F 14 - 31191, Barbatáin (Navarra) or at the email address firstname.lastname@example.org, its decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). CONSUMERS are informed that they may use the model withdrawal form below, although its use is not mandatory.
In order to meet the withdrawal deadline, it is sufficient for the communication concerning the exercise of this right by the CONSUMER to be sent before the expiry of the withdrawal period.
Model withdrawal form
(this form is to be completed and sent only if you wish to withdraw from the contract)
To the attention of Valiryo Technologies, S.L. located in Polígono Comarca II Calle F 14 - 31191, Barbatáin (Navarra) with E-mail: email@example.com
I/We hereby inform you that I/We hereby withdraw from my/our contract for the sale of the following good/provision of the following service:
Ordered on/received on:
Name of the consumer and user(s):
Address of the consumer and user or consumers and users:
Signature of the consumer and user or consumers and users (only if this form is submitted on paper):
Consequences of withdrawal:
In case of withdrawal by the CONSUMER, VALIRYO will return to the CONSUMER all payments received from the CONSUMER, including delivery charges (with the exception of the additional costs resulting from the choice by the CONSUMER of a delivery mode other than the least expensive mode of ordinary delivery offered by VALIRYO) without any undue delay and, in any case, no later than 14 calendar days from the date on which the CONSUMER informs VALIRYO of its decision to withdraw from this contract. VALIRYO will proceed to make such reimbursement using the same means of payment used by the CONSUMER for the initial transaction, unless the CONSUMER has expressly provided otherwise; in any case, the CONSUMER will not incur any expense as a result of the reimbursement. VALIRYO may withhold reimbursement until it has received the goods, or until the CONSUMER submitted proof of the return of the goods, whichever condition is met first.
The CONSUMER must return or deliver the goods directly to VALIRYO, in Polígono Comarca II Calle F 14 - 31191, Barbatáin (Navarra), without undue delay and, in any case, no later than 14 calendar days from the date on which it had communicated to VALIRYO its decision to withdraw from the contract. The deadline shall be deemed met if the CONSUMER makes the return of the goods before the end of this period.
The CONSUMER shall bear the direct cost of returning the goods. The CONSUMER may choose the transport agency of his choice. In connection with the return, being a bulky good, VALIRYIO will inform the CONSUMER of the estimated cost of return.
The CONSUMER shall be solely responsible for the diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods, so that in case of improper handling VALIRYIO will not be obliged to return to the CONSUMER the amount of the damaged good.
12.1.- In relation to the products that the CUSTOMER may purchase through the online store, the guarantees that may be legally mandatory or to which the manufacturer of the product voluntarily undertakes shall apply. In the event that the CUSTOMER is a consumer and user, the provisions of the revised text of the General Law for the Defense of Consumers and Users and other complementary laws shall apply.
13.- COMMUNICATIONS AND COMPLAINT FORMS.
13.1 .- For the purposes of these General Conditions, and for any communication or claim, etc. that may be required, they should be addressed to VALIRYO by sending a message to the email address listed in the heading of these conditions or by written communication addressed to VALIRYO at the address above. VALIRYO communications to the CUSTOMER will be made according to the data provided by it in the Portal. The CUSTOMER expressly accepts for all communications related to the use of the Portal, and / or the acquisition of products, the use of e-mail as a valid procedure for the remission of such communications.
VALIRYO has complaint forms available to the CUSTOMER who so requires at the address indicated in the first clause of these general conditions of contracting.
14.- RESERVATION OF TITLE.
14.1 .- VALIRYO reserves ownership of the goods delivered to the CUSTOMER and that are pending payment. The acceptance by the CUSTOMER of the offer does not constitute title transfer of ownership, until it does not fully satisfy the price. Therefore, from the moment the buyer fails to comply with the terms of payment, VALIRYO may directly recover possession of the products by removing it from the place where they are deposited. All expenses, and any damages arising from the breach of this Reservation of Title shall be borne by the CUSTOMER.
15.- FORCE MAJEURE.
15.1.- The Parties shall not be liable for the non-fulfillment of the obligations contracted in this contract, when this is caused by any event that may be qualified as force majeure in accordance with article 1.105 of the Civil Code.
VALIRYO shall provide the Services in accordance with the instructions, information and documentation provided by the CUSTOMER. VALIRYO assumes no liability for damages that may be suffered by the CUSTOMER and / or third parties as a result of any of the following situations: (i) The lack or inaccuracy of information provided by the Customer; (ii) Incorrect indications or instructions by the Customer that affect the services provided, or (iii) for any other situations that are not specifically provided for in the contract or the Offer are not the sole responsibility of VALIRYO. In any case, and in the event that VALIRYO had to legally assume any liability for damages caused, it will be limited to the amount of services indicated in the Offer.
17.- INTELLECTUAL AND INDUSTRIAL PROPERTY.
Unless expressly agreed otherwise in the Offer the Parties agree that any intellectual and industrial property rights generated in connection with the performance of services or products, including any deliverables will be the exclusive property of VALIRYO with a universal scope and for the maximum time legally possible.
All text, images, graphics, trademarks and logos on this website, as well as press materials are subject to copyright and other laws protecting intellectual property.
Editorial use by the press, television and media services is free of charge. Any other use requires prior consent. For further information or inquiries, please e-mail: firstname.lastname@example.org.
18.- PRIVACY AND PROTECTION OF PERSONAL DATA.
18.1.- Please see our privacy and personal data protection policy at the following link:
19.1.- Please see our Cookies policy in the following link:
VALIRYO may at any time and without notice, modify these General Conditions of Contract and / or the particular conditions that may be included, by publishing such modifications in the Portal so that they can be known by CUSTOMERS, always before visiting the Portal or the acquisition of any products offered on the Portal. The general conditions that will govern in each sale operation will be those in force in each contracting by the CLIENT. The subsequent modification of these general conditions of contracting will not affect in any case the sales already made.
21.- NULLITY OR INVALIDITY OF THE CONDITIONS.
21.1.- The declaration of any of the clauses, or part of them that make up these General Conditions of Contract as null, invalid, or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall remain binding on the parties. The waiver by any of the parties to demand at any given time the fulfillment of any of the covenants herein stipulated shall not imply a general waiver nor shall it create an acquired right for the other party.
22.1.- This contract shall be terminated as of right by the concurrence of any of the causes listed below: a) By agreement of both contracting parties. b) By extinction of the legal personality of any of the contracting parties. c) By breach of any of the parties of their obligations, provided that the defaulting party has not remedied it within a period of FIFTEEN (15) calendar days after the other party has notified of the breach. d) By any other causes of termination that have been included in this contract, in the offer or are admitted by law.
22.2.- In any case, when one of the contracting parties breaches any of the obligations corresponding to it, and does not remedy such breach within the aforementioned period of FIFTEEN (15) calendar days after the other party has notified it of the breach, the other party may choose either to demand compliance with the same, or to terminate the contract, being able to demand in both cases the corresponding compensation for damages, and all this without prejudice to the penalties that may have been foreseen for certain breaches.
23.- JURISDICTION AND APPLICABLE LEGISLATION.
23.1.- The present conditions shall be governed by Spanish law, which shall be applicable in all matters not provided for in this contract in matters of interpretation, validity, and execution.
23.2 .- For those cases in which the CUSTOMER does not have the status of consumer and user and therefore act as a businessman and there is no rule on the jurisdiction that limits the provision thereof by the parties in the sense that will be regulated below, it is established that all issues that may arise regarding the sale through this page, shall be subject to the jurisdiction of the Courts and Tribunals of Pamplona (Navarra), expressly waiving any other jurisdiction that may apply. In the event that any rule prohibits the establishment of the jurisdiction in the case indicated, it shall be deemed not to have been established and this section of the general contracting conditions shall be deemed not to have been established.