CONTRACT TERMS AND CONDITIONS
1. IDENTIFICATION OF THE HOLDER AND GENERAL INFORMATION
These Terms and Conditions regulate the access and acquisition of products on the website www.hawkersco.com (hereinafter, the "Website") owned by PLAY HAWKERS, S.L. (hereinafter, "HAWKERS"), this being the entity that markets the products displayed therein and responsible for the contractual relationship maintained with the user (hereinafter, the "User") for the acquisition of the products on the Website.
Entity: PLAY HAWKERS, S.L.
Registered Office: Calle Marie Curie 34, 1ª Planta, 03203 Elche, Alicante.
Public Registry: Registro Mercantil de Alicante, asiento 1553, del Diario 20, al Tomo 3.749, Folio 168, Hoja A-138493, Inscripción 5ª.
Notwithstanding the foregoing, depending on the product that the User has purchased, it may be subject to particular conditions, depending on the product’s characteristics. These particular conditions are found in these terms and conditions.
This document establishes the terms and conditions (hereinafter "Terms and Conditions") that will regulate browsing through the Website and the acquisition of products offered by HAWKERS to Users.
Products from any of the companies that are part of the group to which HAWKERS belongs may be offered on the Website, each entity being solely responsible for aspects related to its own products and, in particular, for the existing contractual relationship with the User, not responding HAWKERS nor its parent company, of all of them in a solidary or subsidiary manner.
Any issue that has not been expressly provided for in these Terms and Conditions shall be understood to be reserved for HAWKERS, without prejudice to the application of the provisions of current regulations.
The marking of the corresponding box on the acceptance of these Terms and Conditions, as well as the fact of following all the steps of the same electronically, supposes the express acceptance of the same by the User, having the same validity as their handwritten signature. In this way, the User acknowledges being a person with sufficient capacity to acquire the obligations derived from their actions through the Website, whose content they have previously read and understood.
In all cases, in order to contract with HAWKERS, the User must be of legal age (≥ eighteen (18) years) and have the necessary legal capacity to sign contracts.
3. WEBSITE ACCESS
Access to the Website is completely free, requiring of the User only the necessary data to manage their purchases. Access to the Website by minors is prohibited. However, in the event of access to the Website by a minor, it will be presumed that said access has been made with the prior and express authorization of their parents, guardians or legal representatives, notwithstanding that HAWKERS reserves the right to perform as many checks as deemed appropriate.
Access and navigation on the Website do not require registration, although to make any purchase or to receive advertising, information and periodic offers of promotional campaigns and our products, it will be necessary to fill in the web forms enabled for this purpose.
The data provided by Users must be true. In the event that said information is incomplete, inaccurate or false, Users undertake to hold HAWKERS harmless against any damages and claims by third parties that may arise as a result of the inaccuracy or falsity of the data provided. Under no circumstances will HAWKERS be responsible for the veracity of data provided by Users, who will be solely responsible for any possible consequences, errors and failures that may arise from the lack of data quality.
4. ELECTRONIC CONTRACTING
In accordance with the provisions of the applicable regulations, contracts entered into electronically will produce all the effects provided for by the legal system when consent and the other requirements necessary for its validity concur.
In all cases, the electronic support in which the electronic contract is recorded will be admissible as documentary evidence in the event of a dispute between the parties.
For these purposes, it will be understood that the monitoring of all phases of the purchase process and, where appropriate, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for contracting.
In the same way, all the information related to it is made available to Users, prior to the start of the contracting procedure.
4.1. Previous information.
These Terms and Conditions are freely available to all Users of the Website from the following link [https://www.hawkersco.com/terms.html].
Access to the contracting process is completely free, without any additional associated cost, apart from that of the User having an Internet connection.
All the products marketed are perfectly described in their corresponding product sheets made available to Users, not including any issues that have not been expressly indicated therein to be included.
The contract between HAWKERS and the User is understood to be finalized from the moment the User completes the contracting procedure by pressing the "Buy" button or similar, it being understood that the monitoring of all phases of the electronic contracting procedure and the inclusion of all the requested data suppose, together with the marking of the corresponding box regarding the acceptance of these Terms and Conditions, a direct manifestation of the User's will to accept them.
HAWKERS, as a provider of an information society service, will file the electronic document in which this contract is formalized. Said electronic document will be accessible to the User, downloadable and printable, and containing these Terms and Conditions. HAWKERS will send an email to the User in which it will confirm the effective completion of the purchase, together with the corresponding invoice.
HAWKERS will introduce adequate and sufficient technical means to identify and correct any technical errors in the management of information as soon as it results from its responsibility.
The language in which the contracting procedure will be processed and in which this contract is formalized will be, unless otherwise indicated, Spanish.
4.2. Purchase procedure.
The contracting procedure for the products offered is carried out electronically through the Website. Any person with Internet access can make a purchase, with all the products offered through the Website being publicly accessible, without any restrictions on their viewing.
The complete procedure that must be followed by all Users who wish to acquire any of the products offered through the Website, will consist of the effective performance of the following steps:
Once the User has accessed the Website, they must select those products that interest them, carefully reviewing their descriptions, as well as their characteristics, conditions, delivery times and final prices indicated in the descriptive sheet of each product, and specify the desired number of units for each of them. In this way, the selected products will be added to their shopping "Cart" on the Website, allowing the User to continue with their purchase and leaving all selected products included in said "Cart". The User will be able to access their “Cart” at the top right corner of the page at any time.
Immediately afterwards and once all the desired products have been selected, the User must initiate the electronic purchase process, by simply clicking on the "Buy" button.
In order to continue with the purchase, it is necessary to have all the User's data, therefore the User must enter data related to the control of the billing and shipment of the products. To this end, the User will go to a screen in which a series of personal and bank details will be required, as well as the selection from a series of options offered by HAWKERS, the completion of which is essential to complete the purchase of the products through of the Website.
Regarding the "Payment Method" tab, the User must only enter the desired payment method from among those offered by HAWKERS on the Website, which are the following: debit/credit card (VISA, Mastercard or American Express ), through PayPal, Klarna or similar. At no time will HAWKERS have access to User’s bank details, these being directly managed by the corresponding banking entities. The User is informed that payment through any of these modalities may be subject to particular conditions of these providers. HAWKERS recommends that the User read, know and accept the particular conditions of the provider that are independent of these Terms and Conditions.
After the 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 destination address.
If at the time of payment there is an incident that prevents payment, the User will receive an automatic payment error message and their order will not be processed until the payment process is successfully completed.
4.3. Product characteristics.
Different kinds of products are offered on the Website. HAWKERS sells replacement sunglasses and prescription glasses (hereinafter "Replacement Glasses"). The characteristics of each of these types of product are detailed below.
The 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 trade names, trademarks or distinctive signs of any kind, have a merely informative function. Therefore, HAWKERS declines any responsibility for the appearance of errors in said information, although it undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after being informed of them.
1. Sunglasses: HAWKERS sells Sunglasses, whose characteristics are described in the information in the description of each product, in which the type of lens, its category and UV protection will be indicated. Also, a description of the frame and the measurements of the product are offered.
2. Replacement Glasses: Replacement Glasses are a product based on the same characteristics as the prescription glasses that have previously been issued to the User by prescription or medical prescription by their ophthalmologist or optometrist.
Ophthalmological or optometric information about Replacement Glasses:
In order for Users to be able to acquire the Replacement Glasses marketed on the Website, HAWKERS needs the User to know and provide the following information.
The User declares that the data provided about their vision corresponds to the assessment of the vision previously carried out by a qualified professional. In other words, said data responds to a prescription carried out by an ophthalmologist or optometrist after carrying out a corresponding eye examination, with the Replacement Glasses containing the same graduation and the same characteristics as those prescribed and initially adapted by said specialized technician.
HAWKERS recommends that the User, in the case of any doubt regarding their prescription, before making any purchase, go to an authorized optician and not buy Replacement Glasses without prior adaptation.
It is necessary for the User to provide their eye prescription data so that HAWKERS can adapt the Replacement Glasses lenses so that they are identical to those prescribed by the ophthalmologist or optometrist.
To do this, the User must fill in the mandatory fields requested at the time of making the purchase or send the corresponding scanned prescription that contains the required elements.
In the case of sending a scanned prescription, HAWKERS will only take into account the following values: axis, cylinder, sphere; and, date of the examination.
Any other specifications that may appear in the scanned prescription will not apply and in the case that HAWKERS could not guarantee identical Replacement Glasses, the User will be informed of this situation.
The ophthalmological or optometric data must be as current as possible and correspond to the glasses for which the replacement is to be obtained, it being advisable that they do not exceed twelve (12) months from the last review, as indicated by the General Council of Opticians Optometrists in its Manual of Good Professional Practices. HAWKERS is not responsible for the accuracy and veracity of data provided by the User.
Information Regarding the Physical Characteristics of Replacement Spectacles:
Likewise, Users must also provide information regarding the following aspects that will allow HAWKERS to determine the physical characteristics of the Replacement Glasses: interpupillary distance, nasopupillary distance.
5. ECONOMIC CONDITIONS
The current price of each product will at all times be the one indicated on the Website, together with its description.
All prices are shown in Euros, unless expressly stated otherwise.
All prices shown are final prices, expressly including Value Added Tax (VAT) and any other applicable expenses. Notwithstanding the foregoing, the final price will include all those increases or discounts that are applicable, expenses passed on to the User and additional expenses for accessory services, means of payment, etc. In all cases, all these amounts will be shown to the User in a broken down form during the contracting process.
The corresponding VAT will be applied to the products marketed on the Website in each case:
The VAT of TWENTY-ONE PERCENT (21%) will be applied to Sunglasses as a general tax rate.
A VAT of TEN PERCENT (10%) will be applied to Replacement Glasses, as determined in article 91 of Law 37/1992, of December 28, on Value Added Tax.
Notwithstanding the foregoing, VAT will be deducted for all those acquisitions made by Users in the Canary Islands, Ceuta or Melilla, without prejudice to any possible taxes that may be applicable in said territories.
5.2. Discount codes.
HAWKERS may periodically offer discount codes to its Users. Said 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.
The use of discount codes will not be compatible with certain promotional actions and collections.
Once the User has contracted any of the products from the Website and made payment through any of the modalities made available to Users by HAWKERS, HAWKERS will send the User an email in which all the information will be collected, regarding purchased products, their price, applicable taxes and any other information required by law.
In all cases, payment of economic amounts through the Internet will be made through the platform provided by an external financial entity, which in all cases will be hosted on a website under a secure SSL protocol. For identification, confirm that the web address of the page from which payment will be made begins with https://.
The contract will only be effective when HAWKERS receives confirmation of payment by the bank that owns the secure payment. If the transaction is for any reason denied by said entity, or the full amount corresponding to the amount of the products is not provided (including surcharges for management fees and bank transfer fees), the contract will be suspended, and the User will be informed that the transaction has not been completed.
Likewise, in accordance with current legislation, HAWKERS may not subsequently modify the billing of sales made. For this reason, the invoice will be issued in the name of the natural person who contracts the Services, so the User must ensure that the order is placed under the correct name, and duplicate invoices cannot be issued to be sent to third parties, nor can they be issued after the warranty deadline.
5.4. Payment methods.
We accept the following credit and debit cards: Visa, MasterCard, American Express. We also support the use of PayPal and payment via Klarna.
In order to offer you Klarna’s payment methods, we might in the checkout pass your personal data in the form of contact and order details to Klarna, in order for Klarna to assess whether you qualify for their payment methods and to tailor those payment methods for you. Your personal data transferred is processed in line with Klarna’s own privacy notice.
6. CONDITIONS OF DELIVERY OF PURCHASED PRODUCTS
6.1. Home Delivery.
Home delivery of the purchased products will be, by default, made to the physical address indicated by the User.
Home delivery may entail an additional cost for shipping costs, which will be calculated based on the products purchased, and which in all cases will be shown to the User during the contracting procedure. The products will be delivered to the address indicated by the User.
The estimated delivery time, which includes order preparation, varies depending on the country, region and shipping method you choose at checkout. For detailed shipping rates, please click here.
* Deadlines are subject to the correct and normal operation and logistical development of the preparation and shipping process and the volume of orders existing at any given time.
** Shipping rates subject to change for promotions. Check our FAQ/Promotions section to check what prices apply to each offer.
Notwithstanding the foregoing, HAWKERS cannot control shipments once they have been delivered to the corresponding postal service, so it will not be responsible for any delay in delivery when the order had been delivered to it on time.
HAWKERS informs that the products may be received by the User in different shipments.
7. GUARANTEES AND RETURNS
All products offered are original products, with a manufacturer's guarantee and without any defect, counting on their legally recognized guarantee periods.
The consumer and user may return to HAWKERS, free of charge, any product that is defective or that does not conform to the description made during a period of three (3) years from the date on which the product was received. If the defect manifests itself after two (2) years from the delivery of the product after the purchase, the User must demonstrate to the manufacturer or seller that the failure, defect or lack of conformity already existed when the product was delivered. The consumer must notify 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 appreciated. , the purchase order and any other additional documentation that allows the identification of the purchase made by the consumer and user.
Once HAWKERS has received the communication from the consumer and user and has analyzed the incident through its Quality Department, it will inform them as soon as possible whether or not to return the product, objectively considering the nature of the product. or the nature of the alleged non-conformity or defect. In the event that the return is appropriate, HAWKERS will indicate to the consumer and user how to send the defective product to its warehouses. Their address will be as follows:
Elche Business Park, Calle Marie Curie, 34, 03203, Elche (Alicante), Spain.
However, HAWKERS will not, under any circumstances, be responsible for any products that are returned without having been proceeded by the consumer and user in accordance with the process detailed above.
Each product to be returned must be found unused or, in the event that the defect is appreciated 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 came with it. If the consumer and user do not proceed in this way, HAWKERS and, in particular, its Quality Department, will have to objectively assess the incident, determining whether the product is defective based on its nature and the nature of the alleged lack of conformity or defect.
If the product does not conform to the contract, the User may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the User informs HAWKERS of the chosen option, both parties must abide by it. In case of opting for repair, if after repair and delivery the product is still not in accordance with the contract, the User may demand its replacement,unless this option is disproportionate, in which case either a price reduction will be applied, or the contract will be terminated, at the discretion of the consumer.
HAWKERS informs the consumer and user that, taking into account the characteristics of the products, repairs cannot in general be carried out because the cost would be disproportionate. In the event that due to the characteristics of a specific product and defect it is possible to repair it, the consumer and user will be expressly informed of this circumstance, giving them the possibility of choosing between replacement or repair.
In line with the foregoing, the consumer and user may replace the defective product with another with identical characteristics, at no cost to replace the product. If it is not possible to replace the defective product with another with identical characteristics, they will be offered the possibility of choosing a new similar model.
The delivery of the product with identical characteristics or the new model that the consumer and user chooses, as appropriate, will take place within three (3) to five (5) business days from the date which HAWKERS confirms the replacement of the defective product or the shipment of the new model to the consumer and user.
In the event that the repair of the product cannot be carried out and that 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 term for the refund of the amounts paid will depend on the payment method that the consumer and user used when purchasing the product:
If the consumer and user has made the payment by credit/debit card, HAWKERS will refund the amount paid within fourteen (14) calendar days from the date the consumer and user decided to terminate the contract.
If the consumer and user has made the payment through PayPal, HAWKERS will return the amount paid within a period of twenty-four (24) to forty-eight (48) business hours from the date the consumer and user decided to terminate the contract.
8. RIGHT OF WITHDRAWAL
The consumer and user will have the right to withdraw from the order placed remotely without giving reason, during a period of fourteen (14) calendar days from the correct receipt of the product. The consumer and user may send the entire order or, if they prefer, they may send any of the products that make up the total order and, all of this, without any penalty and without the need to indicate the reasons.
The consumer and user must bear the direct cost of the return to HAWKERS, whether they return the order in full or decide to return only some of the products in the order. To formalize the return, they must contact HAWKERS at www.hawkersco.com/pages/contact. Upon receipt of said communication, HAWKERS will indicate the method of sending the order to its offices or warehouses. The consumer and user must send the product to the following HAWKERS offices/warehouses:
Elche Business Park, Calle Marie Curie, 34, 03203, Elche (Alicante), Spain.
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 that the consumer and user require the courier company to provide proof of delivery once the courier has deposited the product at the HAWKERS offices, so that the consumer and user is aware that the product has been successfully delivered to HAWKERS. HAWKERS is not responsible for the address where the consumer and user sends the order for its return if it is different from that indicated. HAWKERS may request that the consumer and user send said proof of delivery for the purpose of verifying it.
The costs of returning any order (such as shipping costs through courier companies) will be borne directly by the consumer and user.
The product must be in perfect condition and with all its labels, packaging and documentation and original accessories that came with it (if applicable). 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 reject the exercise of the right of withdrawal by the consumer and Username. Once HAWKERS verifies that the order is in optimal conditions, HAWKERS will proceed to return all the amounts paid by the consumer and user.
If the consumer and user decides to return the order in full, HAWKERS will return to the consumer and user all the amounts that he or she has paid (including the shipping costs related to the delivery of HAWKERS to the consumer and user).
If the consumer and user only wishes to return one or some of the products that were part of the order, HAWKERS will not be able to refund the shipping costs that the consumer and user has paid for the entire order. HAWKERS informs consumers and users that the term for the return of the amounts paid will depend on the payment method that the consumer and user had used when purchasing the product:
- If the User has made the payment by credit/debit card, HAWKERS will refund the amount paid within fourteen (14) calendar days from the date the consumer and user decided to terminate the contract.
- If the consumer and user has made the payment through PAYPAL, HAWKERS will refund the amount paid within a period of twenty-four (24) to forty-eight (48) business hours from the date the consumer and user decided to terminate the contract.
In either case, HAWKERS will return the amounts paid as soon as possible and, in any case, within fourteen (14) calendar days following the date on which the consumer and user informed of their decision to withdraw from the contract.
In the case of promotions applicable to the acquisition of independent items that include the addition of an additional product, being by way of example, but not limited to, 2-for-1, 3-for-2 promotions or any other that implies the delivery of an extra product for free or for a reduced price, if the consumer and user decides to apply their right of withdrawal on their purchase, said right will have effects on the set of products provided as part of the promotion.
The right of withdrawal will not be applicable in the case of products made according to the User's specifications or clearly personalized, in accordance with the assumption established in article 103.c) of Royal Legislative Decree 1/2007, of November 16, by which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. So it will not be possible to exercise the right of withdrawal when the Replacement Glasses are constituted as a product made according to the User's specifications.
9. PRODUCT EXCHANGE POLICY
HAWKERS does not allow the exchange of any product purchased by the consumer and user for other products offered on the website.
In the event that the user wants to exchange a product, they must exercise their right of withdrawal on it in accordance with the provisions of the previous clause and subsequently buy the new product they want.
10. CUSTOMER SERVICE
HAWKERS, as managers of the Website and of marketing and selling the products offered on it, has a customer service available to Users, in which due attention will be given to all queries, complaints, claims and suggestions raised in relation to the purchase of products through the Website.
Specifically, the contact channels made available to Users are the following:
Website www.hawkersco.com. Available twenty-four (24) hours a day, seven (7) days a week.
Email: firstname.lastname@example.org. Available twenty-four (24) hours a day, seven (7) days a week.
Once we receive communication from the client, we will try to respond to any claims or queries received in the shortest possible time, which in no case will exceed one (1) month from the time the User submitted the claim or query.
Claim forms are available to the User.
11. RULES OF USE OF THE WEBSITE
Access or use of the Website for illegal or unauthorized purposes, with or without economic purpose is forbidden and, therefore, its consequences will be the sole responsibility of the User. In particular, and without being exhaustive, it is forbidden to:
Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party.
Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files.
Use the Website to collect personal data from other Users.
Use the Website illegally, against good faith, morality and public order.
Register through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users about the identity of the origin of a message.
Access without authorization any section of the Website, other systems or networks connected to the Website, any server of the provider, or services offered through the Website, by means of hacking or forgery, extraction of passwords or any other another illegitimate medium.
Break, or attempt to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the Content offered on the Website.
Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the provider, as well as in the systems and networks connected to the Website.
Communicate through the Website or any of the channels enabled by it, content that violates the secrecy of communications or involves an infringement of intellectual and industrial property rights or of the regulations governing the protection of personal data.
Communicate through the Website or any of the channels enabled by it, content that contains "spam" and/or links to sites unrelated to the corresponding space.
Causing damage, interruptions, inefficiencies or defects in the functionality of the website or in third party devices.
Using the Website or any of the channels enabled by it, to transmit, install, publish any virus, malicious code or other harmful programs or files.
Failure to comply with any of the above obligations by the User may entail the adoption by the provider of the appropriate measures protected by Law and in the exercise of their rights or obligations, and may lead to the elimination or blocking of the offending User's account, without the possibility of compensation for any damages caused to the offending User.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The provider is the owner or, where appropriate, has the corresponding licenses on the exploitation rights of the Website’s intellectual and industrial property, as well as all the Contents offered on it, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, and any other information or content, and the services available through it.
In no case will it be understood that the access, navigation and use of the Website by the User or the use, acquisition and/or contracting of products or services offered through it implies a waiver, transmission, license or total or partial transfer of such rights by the provider. The User has a right to use the Contents and/or services of the Website within a strictly domestic environment and solely for the purpose of enjoying the benefits of the service in accordance with these Conditions of Use.
References to trademarks or registered trade names, or other distinctive signs, whether owned by the provider or third-party companies, implicitly prohibit their use without the consent of the provider or their legitimate owners. At no time, unless expressly stated otherwise, does the access, browsing or use of the Website and/or its Contents confer any right on the User over distinctive signs included therein.
All intellectual and industrial property rights over the Contents and/or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, in whole or in part, the Contents included in the Website, for public or commercial purposes, without the prior, express and written authorization of the provider or, where appropriate, of the owner of the corresponding rights.
Likewise, it is prohibited to delete or manipulate the copyright indications or other credits that identify the holders of rights of the Contents that the User finds on the Website, as well as technical protection devices, fingerprints, or any protection mechanism. or information incorporated into the content offered on the Website.
In the event that the User sends information of any kind to the provider through any of the channels enabled for this purpose, the User declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any intellectual property right, industrial, commercial secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The User acknowledges assuming responsibility, leaving the provider harmless for any communication provided personally or on his behalf, reaching said responsibility without any restriction the accuracy, legality, originality and ownership of the same.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of intellectual and/or industrial property rights, they must immediately notify the provider through the email address contact@ hawkersco.com so that it can proceed to adopt the appropriate measures.
Similarly, in the event that any User or a third party considers that any of the Contents of the Website owned by the provider violates their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to contact@ hawkersco.com with the following information:
Identification data and means of contact of the claimant or their legal representative.
Documentation proving their status as owner of the allegedly infringed rights.
Detailed account of the rights allegedly infringed by the provider, as well as their exact location within the Website.
Express statement by the claimant that the use of the Contents has been made without the consent of the owner of the allegedly infringed rights.
13.1. Links to other websites
In the event that links or products that link to other web pages through different buttons, links, banners or embedded content are displayed on the Website, the provider informs that these are directly managed by third parties, the provider having neither human nor technological means to know in advance or control or approve all the information, content, products or services provided by other platforms to which links can be established from the Website.
Consequently, the provider may not assume any type of responsibility for any aspect related to the platform or web page to which a link could be established from the Website, specifically, by way of example and not limitation, on its operation, access, data, information, files, quality and reliability of its products and services, its own links or any of its Contents, in general.
In this sense, if the Users have effective knowledge that the activities carried out through these third-party web pages are illegal or contravene morality or public order, they must immediately notify the provider so that the link can be disabled, an action that will be carried out in the shortest time possible.
In all cases, the establishment of any type of link from the Website to another external web page will not imply that there is any type of relationship, collaboration or dependency between the provider and the person responsible for said external web page.
13.2. Links to HAWKERS channels on other platforms and social networks
The provider makes available to Users, through different tools and applications, links that allow Users to access the channels and pages of the Website that the provider maintains on different platforms and social networks owned or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The inclusion of these links on the Website has the sole purpose of facilitating Users' access to said channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the provider of its Contents or services. Their owner, manufacturer or distributor is solely responsible for them.
The activation and use of these applications may entail the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Website and beyond the control of the provider. By accessing these external networks, the User enters an environment not controlled by the provider, so the provider will not assume any responsibility for the security configuration of said environments.
Given that the provider has no control over content hosted on said channels, the User acknowledges and accepts that the provider does not assume any responsibility for the content or for the services that the User can access on said pages, nor for any content, products, services, advertising, or any other material available in them.
For this reason, the User must exercise extreme caution in the evaluation and use of the information and services existing in linked channels, and regarding their own information or that of third parties that they want to share in said channels.
13.3. Links on other web pages to the Website
The provider does not authorize the establishment of a link to the Website from any pages that contain illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morals or public order, or generally accepted social norms.
In any case, Users may establish links on their respective web pages that lead to the Website, as long as they comply with the following conditions: a) the link may not reproduce the content of the Website or parts of it in any way; b) they must not create a browser or a border environment on sections of the Website, nor can the Website be modified in any other way; c) They must not make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, declare or imply that the provider has authorized the link or has supervised or assumed in any way the Contents or services. offered or made available on the web page on which said link is established; d) the web page in which the link to the Website is established will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties, including those intellectual and industrial property rights and/or the right to honor, to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.
The provider does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. The provider does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Website, specifically, by way of example and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its Contents in general.
14. RESPONSIBILITIES AND GUARANTEES
HAWKERS is obliged to ensure that the Contents, data and information related to the products offered on its Website are reliable, truthful and exact, with HAWKERS being responsible for the prices and characteristics advertised. However, it will not be held responsible for any information that has been entered, displayed or modified by third parties other than HAWKERS.
Photographs, texts, graphics, information and reproduced characteristics that illustrate products for sale are merely illustrative and are not contractual, so they may vary. However, we always ensure that the description of the products is as accurate as possible.
Despite the fact that HAWKERS will make every effort to maintain the integrity, veracity and accuracy of the Website and the Contents that are housed therein, HAWKERS does not guarantee nor is it responsible for: (i) the continuity of the Contents of the Website; (ii) the absence of errors in said Content; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website or the impossibility of violating the security measures adopted in it; (v) the lack of usefulness or performance of the Contents of the Website; and (vi) damages or losses caused, to themselves or to a third party, by any person who violates the conditions, rules and instructions that the provider establishes on the Website or through the violation of the Website’s security systems.
However, HAWKERS declares that it has adopted all the necessary measures, within its possibilities, to guarantee the operation of the Website and reduce system errors to a minimum, both from a technical point of view and regarding the Content published on the Website.
HAWKERS does not guarantee the legality, reliability and usefulness of the Content provided by third parties through the Website. If the User becomes aware of the existence of any Content that is illicit, illegal, contrary to the law or that could imply an infringement of the rights of third parties, they must immediately notify the provider so that it can proceed to adopt the appropriate measures.
HAWKERS will not be responsible for the veracity, integrity or updating of the information published on the Website from sources other than the Website, nor for that contained on other platforms linked from the Website. The provider will not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.
In any case, HAWKERS reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of Content and/or use of Website services, with or without prior notification, to Users who contravene any of the provisions detailed in these Terms and Conditions, without the possibility of the User to demand any compensation for this cause.
15. MODIFICATIONS OF THE TERMS AND CONDITIONS
HAWKERS reserves the right to carry out modifications or updates to these Terms and Conditions, of which the User will be previously informed for acceptance or rejection if they are substantial.
It will be considered that the User has expressly accepted said modifications or updates in the following cases: at the time of making a new purchase they will have to expressly accept the new Terms and Conditions.
16. SUSPENSION OF THE WEBSITE
HAWKERS reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting or downloading of the Content or use of services on the Website, with or without prior notice, to Users who contravene any of the provisions detailed in these Conditions of Use, without the possibility of the User to demand any compensation for this cause.
All communications between HAWKERS and the User regarding the contracting of orders through the Website will be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.
19. ETHICS POLICY ON SUPPLIERS
As a reputable and trusted 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 consistently 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 working age
Freely chosen employment
Health and security
Freedom of association and right to collective bargaining
Absence of discrimination
Absence of harsh or inhumane treatment
HAWKERS will never knowingly purchase supplies from countries that violate the above principles. We also expect our suppliers to apply these principles to their dealings with their own suppliers. Due to the sometimes complex nature of our suppliers' supply chain, 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 being proactive and doing everything possible to uphold the rights of those involved in making its products.
20. CONFIDENTIALITY AND DATA PROTECTION
The temporary validity of these Conditions of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Conditions of Use will become valid.
The contracting of any product and/or payment service offered by the provider will be regulated by the general and/or particular conditions of each specific service provided for that purpose.
In the event that any provision of these Conditions of Use is declared null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or non-application will not affect the remaining provisions of these Conditions of Use.
The non-exercise or execution by the provider of any right or provision contained in these Conditions of Use will not constitute a waiver of the same, unless acknowledgment and agreement is expressed in writing.
22. PARTIAL NULLITY
All the clauses of this contract must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared null by a court ruling or firm arbitration resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Conditions of Use of the Platform.
23. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
Provided that the regulations in force allow for the possibility for the parties to submit to a specific jurisdiction, for any litigation arising from or related to this Website, the Spanish legislation in force at the time of the litigation will apply, and we will submit to the Courts and Courts of Elche, as well as, where appropriate, the Consumer Arbitration Courts or similar to which we are adhered at the time of the dispute. Notwithstanding the foregoing, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users, in case of dispute we will submit to the Courts and Tribunals of the domicile of the consumer and User.
24. DISPUTE RESOLUTION
According to the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of Europe, of May 21, 2013, regarding the resolution of online disputes in consumer matters, in case of controversy, you can go to the "Commission’s Dispute Resolution Platform" to try to resolve any dispute arising from the provision of services by HAWKERS out of court, if you so wish.
You can send your claim to a litigation body authorized by the Commission, through the following link: http://ec.europa.eu/consumers/odr/
To present claims regarding the use of our services, you can contact us by mail at the electronic or physical address indicated in section 1, "Identification of the Holder and General Information". We are committed to seeking an amicable solution to any dispute at all times.