TERMS AND CONDITIONS OF USE
1. Identification of the cardholder and general information
HAWKERS is the trade name of the company PLAY HAWKERS, S.L. The present Terms and Conditions regulate the access and use of the Website www.hawkersco.com (from now on, the Website) owned by PLAY HAWKERS, S.L. (from now on, HAWKERS), with Tax ID Number B-54754718 and corporate offices at Calle Marie Curie, 34, Polígono Industrial, 03203, Elche (Alicante), as well as the services and products offered by HAWKERS on its Website.
HAWKERS offers this Website subject to the present Terms and Conditions. By visiting the Website or using the services or applications of the Website, the user accepts these Terms and Conditions.
Access to the Website does not require Users to register. However, in order to contract any of the services offered by HAWKERS, the User will be required to register and accept these conditions before finalizing payment.
Through the Website, HAWKERS offers Users sunglasses of the brand HAWKERS.
The present Terms and Conditions of HAWKERS described below define the rights and obligations of HAWKERS and the Users within the framework of the Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice to the fact that for certain services particular conditions may exist) and to the placing of orders through the Website and replace any other conditions, unless otherwise agreed upon in writing between HAWKERS and the User.
2. User data
In order to purchase products offered through the Website, the User must register through the registration form available on the Website.
The User will be responsible for maintaining the confidentiality of the data and information provided and for restricting access to his/her computer and passwords to prevent possible unauthorized use.
In the case that the User has reason to believe that his/her data has been made known to a third party, or if it has been used in an unauthorized manner, or is likely to be so, he/she must inform HAWKERS of this situation immediately.
The User must check that his/her data are correct and complete and inform HAWKERS when there is any variation and/or modification in the information provided during the purchase process.
3. Orders and sales conditions
The services and products offered through the HAWKERS Website are intended for the purchase by the Users of sunglasses of the brand HAWKERS.
To be able to contract an order from HAWKERS, the User must be 18 years or older.
In order to place an order through the Website, the User must provide a series of data prior to contracting, through the purchase form, and which will be necessary to manage his/her purchase order.
4. Price, method of payment and discount codes
Upon completion of the form, the User shall pay the order using the means of payment specified on the Web Site.
Once the payment has been made, the User will receive an email confirming the order. This email will include a summary of the articles acquired, the type of delivery requested and the address for delivery.
If there is any problem at the time of payment which prevents same, the User will receive an automatic message indicating the existence of a payment error. Your order will not be processed until full completion of the payment.
The prices of the goods are stated in AUD ($) and include taxes and handling and delivery expenses, the amount of which shall be specified at the time of final confirmation of each order.
HAWKERS may offer discount codes to its Users from time to time. Said discounts may only be applied as per the instructions specified by HAWKERS for each code and, in any event, only one code may be used per order.
The use of the discounts codes are not available with some promotional campaigns and collections.
5. Information on HAWKERS’ products and services
Data included on the Website in each description of the products and services, in their photographs, graphic or iconographic representations or videos as well as commercial names, brands or distinctive signs of any kind, have a merely informative function. Therefore, HAWKERS declines any responsibility for the appearance of errors in such information, although they commit to take all measures within their power to correct such errors or omissions as soon as possible after being informed of them.
6. Refunds, Returns, and right of withdrawal
6.1 Refunds for manufacturing defects
The User may return to HAWKERS, free of charge, any products with manufacturing defects. To this end, the User must contact HAWKERS in our contact page, stating the product or products to be returned, with a photograph and a detailed account of the defects encountered. Upon receipt of said communication, HAWKERS will indicate to the User, if applicable, the form of collection or delivery of the defective product at its warehouse, free of charge. Each product to be returned must be unused and include all its labels, packaging and, if any, documentation and original accessories. Failing this, HAWKERS reserves the right to refuse such return. Upon receipt of the product and verification of the existence of manufacturing defects in any of the products ordered, HAWKERS shall proceed to send another product of the same characteristics, also free of charge for the User.
If it is not possible, owing to lack of stock, to send another product of identical characteristics, the amount paid for the purchase of the product shall be returned as soon as possible and, in any case, within thirty (30) days.
Pursuant to the Spanish General Act for the Defence of Consumers and Users (Ley General para la defensa de los consumidores y usuarios), in the event that the User is not satisfied with the products received, he or she have a period of fourteen (14) calendar days to return same, without any penalty and without any need to state the reasons, but it that case shall bear the direct cost of return of the products to HAWKERS. In order to formalize said return, please contact HAWKERS in our contact page enclosing the filled out withdrawal form enclosed to these Terms and Conditions as ANNEX 1.
Upon receipt of said communication, HAWKERS will inform you of the form of delivery of the products at its warehouses. Each product to be returned must be unused and include all its labels, packaging and, if any, documentation and original accessories. Failing this, HAWKERS reserves the right to refuse such return.
The amounts paid will be returned as soon as possible and, in any event, within fourteen (14) calendar days from the date on which the User informed its decision to withdraw from the contract or to return the product.
HAWKERS reserves the right to withhold the reimbursement until he has received the product or any evidence of the return of the product, whichever condition is met first.
7. Use of the Web Site.
The Web Site may not be used for unlawful purposes or purposes related to crimes or illegal activities of any type.
It is also forbidden to send, use or reuse any illegal, offensive, abusive, indecent, slanderous, obscene or threatening materials or any materials which may entail an infringement of copyright, registered trademarks or confidentiality, privacy or any other rights, or which may be slanderous or offending in any other way to third parties, or the content of which may contain computer viruses, political propaganda, advertising, chain messages, the massive sending of mail or any other form of spam and, in general, any other type of nuisance or unnecessary element.
The User undertakes to make a lawful, diligent, honest and correct use of any information or contents which he or she may gain access to through the Web Site or through third party web sites he or she may enter through the links located on the Web Site, and abide at all times by the principles of good faith and compliance with applicable law.
Likewise, the User undertakes not to cause malicious or intentional damage which may alter or diminish the value of the Web Site, and not to introduce or disseminate computer viruses which may lead to non-authorized alterations of the contents or systems which form the Web Site.
HAWKERS, at its discretion, reserves the right to refuse access to the Web Site, or to cancel orders to those Users that make an unlawful use of the contents and/or break any of the conditions that are setting out in this document.
8. Intellectual or Industrial Property.
The intellectual property rights in the page www.hawkersaustralia.com and its source code, design, navigation structures and various elements therein are the property of HAWKERS, which holds the exclusive right to exploit same in any form and, particularly, the right to reproduce, distribute, communicate publicly and transform same, in accordance with Spanish and European Law applicable.
HAWKERS hereby informs that User has only a limited license to access and use the Web Site and that this is not a license or express or implicit authorization to use the intellectual and/or industrial rights or any other related right or property which may be directly or indirectly related with the contents included in the Web Site. The reproduction in whole or in part of any of the contents of the Web Site, even through a hyperlink, without the express written consent of HAWKERS, is strictly prohibited. The non authorized use of said contents shall give rise to the liabilities established by law.
The Hyperlinks included in this Web Site may lead to third-party sites. HAWKERS accepts no responsibility for the content, information or services which may appear in said sites. Said information or services which shall be deemed to have been offered by HAWKERS for mere information purposes, which entails no relation, acceptance or support thereof by HAWKERS or the persons or entities which own said content or are the holders of the sites in which it appears.
10. Partial nullity
Should any Clause in the present Terms and Conditions be declared null and void, the rest of the Clauses shall remain in full force and shall be construed in accordance with the spirit of these Terms and Conditions.
All communications between HAWKERS and the User regarding the placing of orders through the Web Site shall be made in writing pursuant to the communication procedures set forth in these Terms and Conditions for each particular case.
14. Ethics Policy on providers
As a reputable and reliable company committed to providing high quality products to its customers, HAWKERS recognizes its obligation to ensure that suppliers act ethically. We expect our suppliers to regularly provide an environment that protects the health and safety of employees as well as their basic human rights. All suppliers shall comply with their national employment laws and regulations, in particular with respect to the following:
- Minimum age for employment
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- Absence of discrimination
- Absence of harsh or inhumane treatment
- Working hours
- Working conditions
HAWKERS will never knowingly purchase supplies from countries that do not comply with the above principles. We also expect our suppliers to translate these principles into their dealings with their own suppliers. Due to the sometimes-complex nature of our suppliers' supply chains, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as HAWKERS continues to grow, it recognizes the importance of taking initiative and doing everything possible to defend the rights of those involved in the manufacture of its products.
15. Applicable law and jurisdiction
The present General Terms and Conditions are subject to Spanish law. The parties, under Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Act for the Defense of Consumers and Users (Ley general para la defensa de los consumidores y usuarios), will be subject to the Courts and Tribunals of the place of residence of the User.
16. Campaign customization
The user is object of a random Campaign. Thus, the terms of each purchase order may randomly vary. The personal data from the user will not be considered when determining the particular conditions of each purchase order.