GENERAL DESCRIPTION

We welcome you to Silka. The terms “we” and “our(s)” refer to Silka. Silka operates this store and website, including all information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). Silka uses Shopify technology to provide you with the Services.

In the following Terms and Conditions, and in all the policies referred to therein (the “Terms of Service” or “Terms”), your rights and responsibilities when using the Services are described.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By viewing our Services, interacting with them or using them, you agree to comply with these Terms of Service and our Privacy Policy [LINK]. If you do not accept these Terms of Service or the Privacy Policy, you must not use our Services.

SECTION 1: ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside, and that you have given your consent for any minor in your charge to use the Services on devices you own, purchase or manage.
To use the Services — including access to our online stores, browsing them or purchasing any product or service we offer — you may be required to provide certain information, such as your email address, billing address, payment method and shipping address. You represent and warrant that all information you provide to our stores is correct, current and complete, and that you have the relevant rights to provide such information.
You are solely responsible for safeguarding the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell or assign your account to another person, nor grant any rights in your account.

SECTION 2: OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online stores. However, you should appreciate that the colours or appearance of the products may vary depending on your device and its settings.
We do not guarantee that the appearance or quality of the products or services you purchase will match your expectations or be identical to those shown in our online stores. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, region or jurisdiction.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. Silka reserves the right to accept or reject your order for any reason in its sole discretion. Your order is not accepted until Silka confirms acceptance. We must receive and process your payment for order acceptance. Please review your order carefully before submitting, as Silka may not be able to cancel an order once accepted. In the event we do not accept, modify or cancel your order, we will attempt to notify you by email, billing address or telephone number provided at the time the order was placed.
Your purchases are subject only to the returns or exchanges described in our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or domestic use only and not for resale or export for commercial purposes.

SECTION 4: PRICING & BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be set out in the confirmation email you receive. Unless otherwise expressly stated, the prices published do not include taxes, shipping, order-handling fees, customs or import duties.
The prices published in our online stores may differ from those offered in physical stores, online or otherwise operated by third parties. From time to time, we may offer promotions for the Services which may affect prices and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
For all purchases you make in our stores, you agree to provide current, complete and accurate information regarding purchases, payment and account information. You agree to promptly update your account information and other information, such as your email address and credit card numbers and expiry dates, to allow us to complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct and complete; (ii) you have the necessary authorization to use the credit card for purchase; (iii) the issuer of your card will cover the charges for you; and (iv) you will pay the charges incurred at the prices posted, including any shipping, handling and applicable taxes.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for delays in shipments and deliveries. All delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we deliver the products to the carrier, ownership and risk pass to you.

SECTION 6: FORCE MAJEURE

Silka will not be liable for any failure or delay in performance of its contractual obligations when such failure or delay is due to a cause of force majeure.
Force majeure means any event beyond the control of the parties which could not reasonably have been foreseen or avoided, including but not limited to: natural disasters, fire, flood, pandemics, labour disputes, supply interruptions, telecommunications network failures, governmental acts, civil unrest or any other circumstance beyond Silka’s reasonable control.
If a force majeure event occurs, Silka will notify the customer as soon as reasonably possible, and obligations affected will be suspended for the duration of the event. If the event continues for more than 30 calendar days, either party may terminate the contract without penalty.

SECTION 7: INTELLECTUAL PROPERTY

Our Services include, but are not limited to, registered marks, trademarks, text, samples, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, and are the property of Silka, its affiliates or licensors and are protected by U.S. and foreign copyright and other intellectual property laws.
These Terms grant you no rights to patents, trademarks, copyrights or other intellectual property rights of Silka, Shopify or any third party. These Terms permit you to use the Services only for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, include in public demonstrations, republish, download, store or transmit any of the material in the Services without prior written consent of Silka. Unauthorized use may violate federal and state intellectual property laws. Silka reserves all rights not expressly granted herein.
The names, logos, product and service names, designs and slogans of Silka are trademarks of Silka, its affiliates or licensors. You must not use such trademarks without our prior written permission. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other trademarks, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 8: OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control nor endorse. You acknowledge and agree that we provide access to such tools “as-is” and “as available” without warranties or conditions of any kind and without endorsement. We will have no liability arising from or relating to your use of optional third-party tools. Your use of such tools is at your sole risk and discretion. It is your responsibility to ensure you are familiar with and approve the terms under which those third-party providers offer such tools. We may also, in the future, offer new features via the Services. Such new features shall also be subject to these Terms.

SECTION 9: THIRD-PARTY LINKS

The Services may contain links to websites operated by third parties (including embedded third-party functionality). We make no representations or warranties regarding any third-party materials or websites. If you choose to access any third-party website, you do so at your own risk.
We are not responsible for any damages or loss caused by your access to or use of any third-party website, product, service or resource. We encourage you to review the policies and practices of any third-party site you visit.

SECTION 10: RELATIONSHIP WITH SHOPIFY

Silka uses Shopify technology to provide the Services. However, any sales you make or purchase in our store is with Silka. By using the Services, you agree that Shopify is not responsible for any aspect of your transactions with Silka, including injuries, damages or losses arising from the products or services you purchase. You hereby release Shopify and its affiliates from any claims, damages, liabilities arising from your purchases or any transactions with Silka.

SECTION 11: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [LINK] and certain personal information may also be subject to Shopify’s privacy policy [LINK]. By using the Services you acknowledge reading these privacy policies. Because the Services are hosted on Shopify, Shopify may collect and process personal information in connection with your access to and use of the Services in order to provide and improve them. Information you submit is transferred to Shopify and other third parties in countries other than your residence. For more information about how we, Shopify and our partners use your personal information, please review our Privacy Policy [LINK].

SECTION 12: COMMENTS

If you send, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content (“Comments”), you grant Silka a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such Comments in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or control all rights in the Comments; (ii) you disclosed any compensation or incentive for your Comments; and (iii) your Comments comply with these Terms. We have no obligation to (1) maintain your Comments in confidence; (2) pay you compensation for your Comments; or (3) respond to your Comments. We may monitor, edit or remove any Comments in our sole discretion which we deem unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable. You agree that your Comments will not violate any rights of third parties and will not include defamatory, illegal, abusive or obscene content, or any malware. You may not impersonate any person or mislead as to the origin of your Comments. You alone are responsible for the accuracy of your Comments. We are not responsible for any Comments posted by you or by any third party.

SECTION 13: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (even after you’ve placed your order).

SECTION 14: PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for illegal or fraudulent purposes; (b) to violate any law or regulation; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, tarnish or intimidate our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of unsolicited or unauthorized advertising or spam; (h) to impersonate any person or entity or misrepresent your affiliation; (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that exposes Silka, Shopify or users of the Services to liability.
You also agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phishing, pharming, pretexting, spidering or scraping; or (e) interfere with or circumvent the security features of the Services or any website, other services or Internet. We reserve the right to suspend, disable or terminate your account if you violate any part of these Terms without notice.

SECTION 15: TERMINATION

We may terminate this agreement or suspend your access to the Services (or any part thereof) at our sole discretion at any time, without notice, and you may remain liable for all amounts due up to the date of termination. The following sections shall survive termination: Intellectual Property, Comments, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that by its nature should survive termination.

SECTION 16: LIMITATION OF LIABILITY CLAUSE

Nothing in these Terms of Service will limit or exclude Silka’s liability where such limitation or exclusion is prohibited by law, including consumer protection laws. Silka will not be liable for any indirect, incidental, consequential damages that were not reasonably foreseeable at the time of contracting, except where the law provides otherwise. This clause is to be construed according to Spanish law, including the provisions of the Spanish Royal Legislative Decree 1/2007, of 16 November (TRLGDCU).
Silka shall not be liable for indirect, incidental or consequential damages not reasonably foreseeable at the time of contract formation, except as required by law. This clause will be interpreted in accordance with Spanish legislation, including the provisions of the TRLGDCU.

SECTION 17: WARRANTY DISCLAIMER

The information presented on or through the Services is made available solely for general information. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from your use of the Services or any content appearing thereon.
Unless otherwise expressly set forth by Silka, the Services and all products offered via the Services are provided “as-is” and “as available” for your use, without representations, warranties or conditions of any kind, including any implied warranty or condition of merchantability, fitness for a particular purpose, durability, title and non-infringement. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so these disclaimers may not apply.

SECTION 18: LIMITATION OF LIABILITY – CONSUMER PROTECTION

Nothing in these Terms of Service will limit or exclude Silka’s liability where such limitation or exclusion is prohibited by applicable law, including consumer protection legislation. Silka will not be liable for indirect, incidental or consequential damages not reasonably foreseeable at the time of contracting, except where the law provides otherwise. This clause is to be construed in accordance with Spanish law (Royal Legislative Decree 1/2007, of 16 November – TRLGDCU).

SECTION 19: LIMITATION OF LIABILITY

To the fullest extent permitted by law, under no circumstances will Silka, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, nor Shopify and its affiliates, be liable for any injury, loss, claim or damage (direct, indirect, incidental, punitive, special or consequential) of any kind, including but not limited to: lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with your use of or inability to use the Services or any product, even if Silka or such parties have been advised of the possibility of such damages.

SECTION 20: INDEMNIFICATION

You agree to defend, indemnify and hold harmless Silka, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any liability, loss, claim or damage (including independent legal fees) resulting from: (1) your breach of these Terms of Service or referenced documents; (2) your violation of any law or right of a third party; or (3) your access to and use of the Services.
We will notify you of claims subject to indemnification. You may not settle claims without our prior consent. We may take control of the defence and settlement of such claim at your cost, including choice of counsel. You agree to cooperate in such defence by providing documents and assistance.

SECTION 21: SEVERABILITY

If any provision of these Terms of Service is found to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of these Terms will remain in full force and effect.

SECTION 22: WAIVER; COMPLETE AGREEMENT

Our failure to exercise or enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision. These Terms of Service and any operational policies posted by us on the Services constitute the entire agreement between you and Silka and govern your access to and use of the Services, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Silka (including any prior version of these Terms of Service).
Any ambiguity in interpreting these Terms will not be construed against the drafting party.

SECTION 23: ASSIGNMENT

You may not assign, transfer or delegate these Terms or your rights or obligations under these Terms without our prior written consent. We may assign, transfer or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 24: GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by the courts and laws of the jurisdiction in which Silka is located.

SECTION 25: HEADINGS

The headings applied in these Terms are for convenience only and do not affect interpretation of these Terms.

SECTION 26: CHANGES TO THESE TERMS OF SERVICE

You may view the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting changes and updates to our website. You are advised to check back periodically. We will notify you of significant changes in accordance with applicable law and such changes will be effective immediately from the date specified. Continued use of the Services after any such changes constitutes your acceptance of the updated Terms.

SECTION 27: CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at contact@silkastore.com.
Our contact details:
Silka
Business email: contact@silkastore.com
Commercial address: Carretera de Cortes, Nº34 – 50540 Borja (Zaragoza), Spain
Commercial registration number: Z-76155
Tax ID: B22496376