Términos y Condiciones

1. Introduction

This document sets out the terms and conditions governing the purchase of products https://sillybilly.es/, (hereinafter, the “Terms and Conditions”) Please read this terms and conditions carefully prior to placing an order through https://sillybilly.es/(hereinafter, the Website). Should you have any questions regarding what this Terms and Conditions establish, please contact us at hola@sillybilly.es.

These Terms and Conditions may be modified from time to time. We encourage you to reread them periodically, as the conditions in effect at the time you place your order are the ones that will apply to the order.
You declare that you are of legal age and that you are the holder of the bank card that will be used to make payments through this Website.

Through this Website SillyBilly (Fun&Real S.L) distributes natural snacks for children that must be considered supplements or food supplements.

These products are manufactured by third parties and in each case must be used as indicated in their instructions for use, derived from their unique features. Fun&Real S.L is not responsible for any improper use or application of the products that may occur, nor of the products meeting User’s expectations according to the information offered in each case by the manufacturers.

FUN&REAL is the holder of Health Registry number 21.032845/M, granted by the General Directorate of Public Health of the Department of Health of the Community of Madrid, which authorizes the distribution of prepared products of dry/dried/dehydrated plant origin.

2. Our data

The sale of items through this Website is carried out by Fun&Real S.L, owner of this Website (hereinafter the “Responsible Party” or “SillyBilly”), with registered office at Calle Galileo 14, 5º izq. CP 28015, Madrid. CIF B87855631, E-mail: hola@sillybilly.es.

3. Your data and your visits to this Website

The information or personal data you provide will be treated in accordance with the provisions of both the Privacy Policy and the Cookies Policy. By using this Website you consent to us processing your information and data, and declare that all the information or data you provide is true and corresponds to reality.

4. Service availability

You must be 18 years of age or older to place an order.

Orders are currently shipped to destinations within the Spanish Peninsula.

5. How to place an order

To place an order you need to follow the on-line purchasing procedure and click on “Authorize Payment”. After, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). We will then inform by email that the product is being shipped (the “Shipment Confirm”).

6. Technical means to correct errors

During registration:

If you realize that an error was made when entering your personal data while registering as user of this Website, you may change it in the “Billycuenta” section.

Also, you can correct errors related to personal data provided during the purchasing process by contacting Customer Service at +34 680 12 50 08, or by e-mail at hola@sillybilly.es, Additionally, you may exercise the right of rectification provided for in our Privacy Policy at hola@sillybilly.es.

During the purchasing process:

This Web site displays confirmation windows in various parts of the purchasing process that do not allow to proceed with an order if the details in these sections have not been correctly provided. This Website also provides the details of all the items you added to your basket during the purchasing process, so, before you make your payment, you may change the details of your order.

If you notice an error in your order after completing the payment process, you should immediately contact our customer service at the above telephone number or email address to correct the error.

7. Product availability

All orders are subject to product availability. If difficulties arise regarding product supply or out-of-stocks, we will refund any amount that you may have paid. In the unlikely event of out-of-stock of a product (after placing your order), the procedure will be as follows:

An estimated delivery time will be provided for you to decide:

• Whether your purchasing intention stands and you want us to send the product as soon as it is available.

• Or, if you want to cancel your purchase and ask for a refund.

8. Delivery

Unless problems with the customization of the products arise, or unforeseen or extraordinary circumstances occur, the products listed in the Shipment Confirmation will be sent to you within the following schedule:

From Monday to Friday, orders received before 12:00 noon will be processed on the day and delivered within the next 48/72 business hours.

Orders received between Friday noon and Sunday will be processed on Monday, or on the first non-holiday business day that follows.

No deliveries will be made on Saturdays, Sundays or holidays, and delivery times refer to the first delivery attempt by the forwarder.

After 2 delivery attempts, if no one is found at the address given, the forwarder will leave a notice so you can contact them and agree on a later time to receive the order.

If after 5 days of the expected delivery date, for any reason attributable to Fun&Real, you have not received the product, you can choose to continue with your purchase by setting a new delivery date, or cancel the order and receive a full refund of your payment.

For the purposes of these Terms and Conditions, it will be understood that the “delivery” has taken place, or that the order has been “delivered” when you or a third party appointed by you enters into material possession of the products and acknowledges receipt by signing the order at the agreed delivery address.

You can check the Shipping Charges at the following link.

9. Inability to deliver

If after the 2 delivery attempts mentioned it has not been possible to deliver your order, and if you have not contacted the forwarder, your order will be returned to our warehouse. We will leave you a note explaining where your order is and how to have it re-shipped to you.

If 15 days after your order has been sent it has not been delivered for reasons beyond our responsibility, we will understand that you wish to withdraw from the contract and consider the contract terminated. As a result of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive delivery method that we offer), without any undue delay and, in any case, within a maximum period of 14 days from the date on which we deemed the contract terminated. Please bear in mind that the transport derived from the termination may have an additional cost, so we will be authorized to transfer the corresponding costs to you.

10. Price and Payment

Prices on this Website include VAT, but exclude shipping charges, which will be added to the total amount due. The delivery in the Spanish Peninsula is €5.95 for all orders equal to or less than €30.00. For orders over €30.00 the cost of shipping will be paid by Fun&Real.

Prices may change at any time, but (except as stated above) these changes will not affect orders for which an Order Confirmation has already been sent to you.

Once you have selected all the items you want to buy, they will be added to your cart and the next step will be to process the order and make the payment. To this end, please follow the purchase order steps, filling in or checking the information requested in each step. You can modify the details of your order during the purchasing process before making the payment. A detail of all orders placed can be found in the “Billycuenta” section.

We accept Visa, MasterCard, and PayPal payments.

Your credit card data will be coded to minimize the risk of unauthorized access. Once we receive your order, pre-authorization of your card will be requested to ensure funds are sufficient to complete the transaction. Charges will be made when your order exits our warehouse. If your payment is through PayPal, charges will be made at confirmation of your order.

By clicking “End Purchase” you are confirming that the credit card belongs to you.

Credit cards will be subject to checks and authorization by the issuing entity. If the issuing entity does not authorize payment, we will not be liable for any delay or failure to deliver and we will not be able to enter into any contract with you.

11. Billing

You expressly authorize us to issue an electronic invoice.

12. Return Policy

12.1. Right of withdrawal

If you formalize this contract as a consumer and user, you have the right to withdraw from it within the next 14 calendar days without justification, provided the product has not been opened.

The withdrawal period shall expire 14 calendar days from the day on which you or a third party designated by you, other than the forwarder, enter into material possession of the items. If the items that make up your order are delivered separately, the withdrawal period will expire 14 calendar days from the day you or a third party designated by you, other than the forwarder, enters into material possession of the last of those items.

In order to exercise the right of withdrawal you must notify your decision to withdraw from the contract by way of an unequivocal statement (e.g. a letter sent by post or e-mail) to the Responsible Party, Fun&Real S.L, by e-mail to pedidos@sillybilly.es or through your Billycuenta, and send it to Calle Galileo 14 5th left CP 28015 Madrid. In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right be sent before the corresponding period expires.

i. Consequences of withdrawal

In the event of withdrawal, we will refund all payments received from you, including delivery charges, without undue delay and, in any event, no later than 14 calendar days from the date on which you informed us of your decision to withdraw from this contract. Reimbursement will be made via the same payment method used for the initial transaction. You will not incur any expenses as a result of reimbursement. Notwithstanding the foregoing, we may withhold reimbursement until receiving the items, or until you have submitted proof of return of the items, whichever is first.

You will be responsible only for any decrease in the value of the items resulting from any handling other than that necessary to establish the nature, characteristics and operation of the items.

You shall not have the right to withdraw from those contracts which are intended to supply any of the following products:

• Customized articles.

• Goods sealed for hygiene reasons that have been unsealed after delivery.

Your right to withdraw from the contract shall apply only to those products that are returned under the same conditions as you received them. No refund will be made if the product has been opened beyond the mere opening of the product or for products that are not in the same conditions as they were delivered or that have suffered damage. Therefore, we ask you to be careful with the product(s) while in their possession. Please return the article using or including all original wrappers, instructions, and other accompanying documents. You must always deliver, together with the product to be returned, the ticket received when product was duly delivered.

If you do not wish to return the products through the free option available, return costs will be on your account. Please bear in mind that if you decide to return the items to us postage due, we are authorized to charge to you the expenses we may incur.

After examining the article we will let you know if you are entitled to a refund of the amounts paid. Reimbursement of transportation expenses will only be made when the right of withdrawal is exercised within the legal time limit and all items of the order in question are returned. The refund will be made as soon as possible and in any case within 14 days of the date you informed of your intention to withdraw. However, we may withhold reimbursement until receiving the goods, or until proof of return of the goods has been submitted. The refund will always be made in the same means of payment used to pay for the purchase. You will bear the cost and risk of returning the products to us, as stated above. Should you have any questions, please contact us at pedidos@sillybilly.es.

ii. Defective products return

If at the time of delivery you believe that the product does not conform to the terms of the contract, please contact us immediately at pedidos@sillybilly.es and provide the details of the product damages, or call +34 680 12 50 08 where we will instruct you on how to proceed.

You can return the product by giving it to the courier we will send to your address. The product will be carefully checked and by email, within a reasonable period of time, we will inform if refund or replacement proceeds. Refund or replacement of the item will be made as soon as possible and in any case, within 14 days from the date we send you an email confirming that the refund or replacement of the non-compliant item proceeds.

The amounts paid for those products that are returned due to any defect, when it really exists, will be fully reimbursed, including the delivery costs incurred for the delivery of the item and the costs that you would have incurred to return the item. Refund will always be made in the same means of payment used to pay for the purchase.

In any case, the rights recognized by current legislation remain safe.

13. Warranties

If you contract as a consumer and user, we offer you guarantees on the products we sell through this Website, in the legally established terms for each type of product. Accordingly, we will respond for any lack of conformity of the products manifested within a period of 3 months after the delivery.

It is understood that the products comply with the provisions of the contract provided that:

(i) They conform to the description provided and possess the features presented on this Website,

(ii) They have the usual quality and benefits that should be expected from a product of the same type.

Based on the characteristics of commercial products, customers must bear in mind that the SillyBilly products, which are mostly food products, have expiration dates and preferential consumption periods, and that we guarantee that at the time of their commercialization, the expiration periods are appropriate for their consumption.

If the product shows any defect in the terms indicated above, please immediately contact SillyBilly customer service, and they will indicate the procedure for returning the product. As soon as the defects are verified, all amounts paid will be returned. The return of such products will under no circumstances be a direct cost to the customer.

When a product does not comply, the customer can choose to get a replacement or a reimbursement, and the expenses this action may entail will not be charged to the customer.

To record the claim and begin processing the case, the client must write an email to pedidos@sillybilly.es explaining the facts, and the necessary instructions will be provided to attend to their request.

14. Liability and disclaimer

Unless expressly provided otherwise in these Terms and Conditions, our liability in relation to any product purchased on our Website will be strictly limited to the purchase price of product.

The Responsible Party declines all responsibility related to the improper or incorrect use of any of the products distributed through SillyBilly. Please carefully follow the instructions for use and the consumption regulations.

15. Transfer of rights and obligations

The contract is binding for both parties, as well as for their respective successors, assignees and successors in title.

You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.

We may transmit, assign, tax, subcontract or otherwise transfer a contract or any of the rights or obligations arising therefrom, at any time during its term. To avoid confusions, said transmissions, assignments, encumbrances or other transfers will not affect the rights that you as consumer and according to law have, nor will they cancel, reduce or limit in any other way the guarantees, both express and tacit, that we could have granted.

16. Waiver

Our not requesting from you strict compliance of the obligations you undertake according to these Terms and Conditions will not imply any waiver or limitation in relation to said rights or actions, nor does it exonerate you from complying with such obligations.

No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from these Terms and Conditions.

No waiver on our part of any of these Terms and Conditions or 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 you in writing.

17. Partial nullity

If any of these Terms and Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

18. Entire Agreement

These Terms and Conditions and any document they expressly refer to constitute the entire agreement between the Parties in relation to its object, and replace any other previous covenant, agreement, or promise agreed upon, verbally or in writing.

Usted y nosotros reconocemos haber consentido la celebración de un contrato sin haber confiado en ninguna declaración o promesa hecha por la otra parte o que pudiera inferirse de cualquier declaración o escrito en las negociaciones entabladas por los dos antes del mismo, salvo aquello que figura expresamente mencionado en las presentes Condiciones.

Both Parties acknowledge to have consented to enter into a contract without having relied on any statement or promise made by the other Party or that could be inferred from any statement or writing in the negotiations entered into by both before it, except for what is expressly mentioned in these Terms and Conditions.

Neither Party will order action against any uncertain statement made by the other Party, verbally or in writing, prior to the date of the contract (unless such uncertain statement had been made fraudulently) and the only action available to the other Party will be for breach of contract in accordance with the provisions of these Terms and Conditions.

19. Right to amend these Terms and Conditions

We have the right to review and modify these Terms and Conditions at any time.

You will be subject to the policies and Terms and Conditions in force at the time you use this Website or place each order, unless by law or decision of government agencies we must make retroactive changes to said policies, Terms and Conditions or Privacy Policy, in which case the possible changes will also affect previously placed orders.

20. Applicable law and jurisdiction

The use of our Website and the purchasing of products through the Website contracts shall be governed by the Spanish laws of the Villa de Madrid.

Any dispute arising out of or in connection with the use of the Website or with such contracts shall be subject to the non-exclusive jurisdiction of the courts and tribunals of Madrid.

If you are contracting as a consumer, nothing in this clause shall affect the rights recognized by applicable law.