Conditions - Hawkers AU
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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.

Once the data on the form has been completed, the User must proceed to pay for the order through the means of payment specified on the Website.

After payment is made, the User will receive an order confirmation e-mail, which will include a summary of the items purchased, the requested shipping method and the delivery address.

If, at the time of payment, an incident occurs that prevents payment, the User will receive an automatic payment error message and his/her order will not be processed until the payment process has been successfully completed.

Prices for services are expressed in Euros (€), including taxes and handling and shipping costs, the amount of which will be indicated at the time of the final confirmation of each order.

All prices shown are final prices, expressly including Value Added Tax (VAT), without prejudice to the fact that the user will at all times have detailed information on the price of the product.

HAWKERS may periodically offer discount codes to its Users. Such discounts may only be applied in accordance with the instructions specified by HAWKERS with respect to each code, and in any case, Users may only use a single code per order.

Use of discount codes will not be compatible with certain promotional actions 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.- Information about shipment.

Peninsula, Balearic Islands and Andorra.

Standard shipping Price: 5€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 1-5 working days from the date of shipment.

Canary Islands.

Standard shipping Price: 7€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time* will be between 5-7 working days from the date of shipment.

*Susceptible to change.

Portugal

Standard shipping Price: 5€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 5-7 working days from the date of shipment.
  • Order tracking is not available in real time for these territories.

Italy

Standard shipping Price: 5€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 4-12 working days from the date of shipment.
  • Order tracking is not available in real time for these territories.

Premium Air Shipping 8,95€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 1-2 working days from the date of shipment.
  • Order tracking provided by the international shipping company, DHL.

Germany, Netherlands, Belgium, Greece, France

Standard shipping Price: 5€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 4-12 working days from the date of shipment.

Premium Air Shipping 8,95€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 1-2 working days from the date of shipment.
  • Order tracking provided by the international shipping company, DHL.

Switzerland.

Premium Air Shipping 14,49€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 2-3 working days from the date of shipment.
  • Order tracking provided by the international shipping company, DHL.

Cyprus, Estonia, Lithuania, Malta, Latvia

Standard shipping Price: 7€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 4-12 working days from the date of shipment.
  • Order tracking is not available in real time for these territories.

Premium Air Shipping 8,95€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 3-4 working days from the date of shipment.
  • Order tracking provided by the international shipping company, DHL.

Austria, Finland, Denmark, Czechia, Ireland, Luxembourg, Poland, Hungary, Romania, Sweden, Slovakia, Slovenia

Standard shipping Price: 7€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 4-12 working days from the date of shipment.
  • Order tracking is not available in real time for these territories.

Premium Air Shipping 8,95€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 1-2 working days from the date of shipment.
  • Order tracking provided by the international shipping company, DHL.

Croatia, Vatican City, Monaco, Morocco, Liechtenstein, San Marino

Premium Air Shipping 8,95€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 3-4 working days from the date of shipment.
  • Order tracking provided by the international shipping company, DHL.

Bulgaria.

Standard shipping Price: 7€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 4-12 working days from the date of shipment.
  • Order tracking is not available in real time for these territories.

Premium Air Shipping 9,95€.

  • Your order will be prepared and sent within 24/72h.
  • Delivery time will be between 1-2 working days from the date of shipment.
  • Order tracking provided by the international shipping company, DHL.

*Delivery times are always subject to the correct and normal functioning and logistic development of the process of preparation and shipment and to the volume of existing orders in each moment.

**At the moment we do not carry out shipments to the following islands: Madeira, Azores, Sardinia.

7.- Return of defective product and right of cancellation.

7.1 Returns due to manufacturing defects.

The consumer and user may return to HAWKERS, free of charge, any product that is defective or that does not meet the description made during a period of two (2) years from the date on which the product was received. Taking into account the nature of the products purchased, the consumer and user will have a period of two (2) months from the moment he/she became aware of the defect of the product to communicate it to HAWKERS through the CONTACT channel enabled for this purpose, indicating the defective product or products, attaching photographs and other evidence that demonstrate the defects or lack of conformity of the products, as well as a detailed list of the defects found, the purchase order and any other additional documentation that provides identification of the purchase made by the consumer and user.

Once HAWKERS has received communication from the consumer and user and has analyzed the incident through its Quality Department, he/she will be informed as soon as possible whether or not the return of the product is deemed appropriate, taking into account objectively the nature of the product or the nature of the alleged lack of conformity or defect. In the event that a return is deemed appropriate, HAWKERS will indicate to the consumer and user how to send the defective product to its stores. The warehouse address is as follows:

Elche Parque Empresarial, calle Marie Curie, 34, 03203, Elche (Alicante), España.

However, HAWKERS will not, in any case, be responsible for products that are returned by the consumer and user without having carried out the process detailed above.

Each product to be returned must be unused or, in the event that the defect is found after normal and daily use, in the best possible condition, and must be returned together with all its labels, packaging and -if applicable-, documentation and original accessory elements that originally came with it. If the consumer and user does not proceed in this way, HAWKERS and, in particular, the Quality Department, will have to objectively assess the incident by determining whether the product is defective, taking into account its nature and the nature of the alleged lack of conformity or defect.

HAWKERS informs the consumer and user that, given the characteristics of the products, repairs cannot usually be carried out because it would be disproportionate. In the event that the characteristics of the specific product and the defect are possible to repair, the consumer and user will be expressly informed of this circumstance, giving him/her the option of choosing between replacement or repair.

In line with the above, the consumer and user may replace the defective product with another of identical characteristics, without incurring any cost in replacing the product. If it is not possible to replace the defective product with another of identical characteristics, the consumer will be offered the possibility of choosing a new, similar model.

The delivery of the product with identical characteristics or the new model chosen by the consumer and user, as deemed appropriate, will be made within three (3) to five (5) working days from the date on which HAWKERS will confirm to the consumer and user the replacement of the defective product or the delivery of the new model.

In the event that the repair of the product cannot be carried out and the replacement of the product is not in accordance with the contract, the consumer and user may choose to terminate the contract.

HAWKERS informs consumers and users that the time limit for refunding the amounts paid depends on the method of payment that the consumer and user used when purchasing the product:

  • If the consumer and user has paid by credit/debit card, HAWKERS will refund the amount paid within fourteen (14) calendar days after the consumer and user has decided to terminate the contract.
  • If the consumer and user has paid by PayPal, HAWKERS will refund the amount paid within twenty-four (24)-forty-eight (48) business hours after the consumer and user has decided to terminate the contract.

7.2 Right of cancellation.

The consumer and user will have the right to cancel their order placed remotely without giving any reason, for a period of fourteen (14) calendar days from receiving the product. The consumer and user may send the entire order or, if he/she prefers, may send any of the products that make up the total order and, all without penalty and without having to indicate the reasons.

The consumer and user shall bear the direct cost of the return to HAWKERS, whether he/she returns the entire order or decides to return only some of the products in the order.

In order to carry out the return, you should contact HAWKERS through the following URL www.hawkersco.com/pages/contact​. After receiving this communication, HAWKERS will indicate to you the best way to send the order to their offices or warehouses.

The consumer and user must send the product to the following offices/warehouses of HAWKERS:

Elche Parque Empresarial, calle Marie Curie, 34, 03203, Elche (Alicante), España.

HAWKERS is not responsible for the courier company that the consumer and user contracts for the return of the order. In this sense, HAWKERS recommends the consumer and user to require the courier company to provide proof of delivery once the courier has deposited the product at the offices of HAWKERS, so that the consumer and user has proof that the product has been correctly delivered to HAWKERSHAWKERS is not responsible for the address where the consumer and user sends the order for return if this address is different from those indicated. HAWKERS may ask the consumer and user to send such proof of delivery for verification.

The costs for the return of the order (e.g. shipping costs through courier companies) will be handled directly by the consumer and user.

The product must be in perfect condition and with all its labels, packaging and - if applicable - documentation and original accessory elements that came with it. If the consumer and user does not proceed in this way or if the product has suffered any damage, the consumer and user accepts that the product may suffer a depreciation or that HAWKERS may refuse the exercise of the right of cancellation by the consumer and user.

Once HAWKERS verifies that the order is in optimal condition, HAWKERS will proceed to refund the total amount paid by the consumer and user.

If the consumer and user decides to return the order completely, HAWKERS will refund the consumer and user the totality of the amounts paid by him/her (including shipping costs related to the delivery of HAWKERS to the consumer and user).

If the consumer and user wishes to return only one or some of the products which were part of an order, HAWKERS will not be able to refund the shipping costs which the consumer and user has paid for the entire order.

HAWKERS informs consumers and users that the time limit for refunding the amounts paid depends on the method of payment that the consumer and user would have used when purchasing the product:

  • If the consumer and user has paid by credit/debit card, HAWKERS will refund the amount paid within fourteen (14) calendar days after the consumer and user has decided to terminate the contract.
  • If the consumer and user has paid by PayPal, HAWKERS will refund the amount paid within twenty-four (24)-forty-eight (48) business hours after the consumer and user has decided to terminate the contract.

In any case, HAWKERS will refund the amounts paid as soon as possible and in any case within fourteen (14) calendar days from the date the consumer and user have informed of their decision to withdrawal from the contract.

In the case of promotions applicable to the purchase of separate items that include an additional product, including but not limited to 2 for 1, 3 for 1 or any other promotion involving the delivery of an extra product free of charge or at a reduced price, if the consumer and user decides to apply his/her right of cancellation on his/her purchase, this right will have effects on all products provided as part of the promotion.

8.- Product Exchange Policy.

HAWKERS does not permit the exchange of a product purchased by the consumer and user for another product offered on the Website.

In the case that the consumer and user wants to exchange a product, he/she must exercise his/her right of cancellation from the product as set out in clause 7.2 and subsequently purchase the new product he/she wants.

9.- Website use.

Use of the Website for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind is not permitted.

It is also forbidden to send, use or reuse material that is illegal, offensive, abusive, indecent, defamatory, obscene or threatening in any way, or that infringes upon intellectual property rights, trademarks, confidentiality, privacy or any other rights, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain letters, mass mailings or any other type of "spam" and, in general, any type of unnecessary inconvenience or inconvenience.

The User agrees to make lawful, diligent, honest and correct use of any information or content accessed either through the Website or third party Websites accessed through links on the Website, and all under the principles of good faith and with respect at all times to current legislation and these Terms and Conditions.

Likewise, the User agrees not to maliciously or intentionally cause damage or harm that could undermine or alter the Website itself, as well as not to introduce or spread computer viruses that could produce unauthorized alterations to the contents or systems that make up the Website.

HAWKERS reserves the right to deny access to the Website or even cancel orders to Users who misuse the contents and/or fail to comply with any of the conditions set forth herein.

10.- Intellectual property of software.

The intellectual property rights of the Website www.hawkersco.com, its source code, design, browsing structures and the different elements contained in it are owned by HAWKERS, who has the exclusive right to exploit them in any way and especially the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Spanish and European legislation.

HAWKERS informs that it does not grant any express or implicit license or authorization on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Website. The total or partial reproduction of the contents of the Website, even by means of a hyperlink, without the express written consent of HAWKERS is strictly forbidden. Unauthorized use of these contents will result in the liabilities as established by law.

11.- Hyperlinks.

The hyperlinks contained on the Website may lead to the Websites of third parties. HAWKERS does not assume any responsibility for the content, information or services that may appear on such sites, which are understood to be offered exclusively for informational purposes by HAWKERS, and which in no case imply any relationship, acceptance or endorsement between HAWKERS and the persons or entities that own such content or own the sites where they are located.

12.- Partial invalidity.

In the event that any Clause of these Terms and Conditions is declared invalid, the remaining Clauses shall remain in force and shall be interpreted in the spirit of these Terms and Conditions.

13.- Modifications.

Information on this Website is current as of the date of its last update. HAWKERS reserves the right to unilaterally modify these Terms and Conditions, as well as its privacy policy and any other information. Changes to the Terms and Conditions will become effective upon publication on this Website.

14.- Campaign personalization.

The User is the subject of a random campaign, so the shipping terms applicable to each order may vary randomly. The User's personal data will not be considered as a variable when determining the particular conditions of each order.

15.- Notifications.

All communications between HAWKERS and the User regarding the contracting of orders through the Website shall be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.

16.- Language.

HAWKERS may translate these Terms and Conditions, its Privacy Policy, or any other operating rules, policies or procedures that may be posted on the Website. The Spanish version will prevail in case of conflict.

17.- Supplier Ethics Policy.

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
  • Salaries
  • 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.

18. Applicable law and jurisdiction.

These Terms and Conditions are subject to Spanish law. The parties, in accordance with Royal Legislative Decree 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, are subject to the Courts and Tribunals of the User's place of residence.

Likewise, by virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on the resolution of online consumer disputesHAWKERS informs you that, in the event of a dispute, the User residing in the European Union may turn to the "Online Platform for Dispute Resolution" developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by HAWKERS.

To access the "Online Platform for Dispute Resolution" you can do so via the following link: http://ec.europa.eu/consumers/odr/

In any case, HAWKERS informs the User that HAWKERS provides complaint forms by which he/she can make any complaint or claim in relation to services provided by HAWKERS.