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TERMS AND CONDITIONS OF HAWKERS

1. Identification of the holder and general information

HAWKERS is the commercial name of the company PLAY HAWKERS, S.L. These Terms and Conditions govern the access to and use of the web site www.hawkersco.com (hereinafter, the Web Site), held by PLAY HAWKERS, S.L. (hereinafter, HAWKERS), with Spanish Tax I.D. B-54754718 and corporate address in Calle Santiago Ramón y Cajal, 37, 1st, Polígono Industrial, 03203, Elche (Alicante) Spain, as well as the products and services offered by HAWKERS on its Web Site.

HAWKERS offers this Web Site subject to the present Terms and Conditions. By visiting the Web Site or using the services or applications in the Web Site, the User accepts these Terms and Conditions.

Users are not required to register in order to enter the Web Site. However, to contract any of the services offered by HAWKERS, Users must register and accept these terms and conditions before making any payment.

Through its Web Site, HAWKERS offers the Users sunglasses of the brand HAWKERS.

The Terms and Conditions found below define the rights and obligations of HAWKERS and the Users within the framework of the Web Site. These are the only Terms and Conditions applicable to the use of the Web Site (without prejudice to certain services being subject to specific terms and conditions) and to the placing of orders through the Web Site and replace any other terms and conditions, save by prior written agreement between HAWKERS and the User.

2. User data and conduct on the Web Site

In order to acquire the products offered on the Web Site, the User will need to register by filling in the registration form available on the Web Site.

The User shall be responsible for keeping the confidentiality of the data and information provided and for limiting the access to his or her computer and access keys in order to prevent any non-authorized uses.

If the User has reasons to believe that his or her data have been made available to a third party, or that they have been or may be used without his or her authorization, the User must inform HAWKERS immediately.

The User shall verify that his or her data are correct and inform HAWKERS in case of a variation and/or amendment in the information provided during the purchasing process.

3. Orders and terms of sale

The purpose of the offering of products and services through HAWKERS’ Web Site is the purchase of sunglasses of the brand HAWKERS by the Users.

Only Users over 18 years of age may place an order with HAWKERS.

From the Web Site www.hawkersco.com, HAWKERS will send orders to anywhere in the world.

To place any orders through the Web Site, the User must previously fill in a purchase form. The data included in said purchase form are necessary to manage your purchase order.

4. Price, means 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 services are stated in Euros (€) 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.

5. Information about the products and services provided by HAWKERS

The data included on the Web Site in each description of the products and services, with their photographs, graphic or iconographic depictions or videos, as well as their trade names, trademarks or distinctive signs of any description, have mere information purposes. Therefore, HAWKERS waives any liability resulting from errors in said information, but undertakes to make its best efforts to correct the said errors or omissions as soon as possible after being informed thereof.

6. Refunds and right of withdrawal

6.1 Refunds due to manufacturing defects.

The User may return any products with manufacturing defects to HAWKERS free of charge. Considering the nature of the products purchased, the User shall have one month to notify HAWKERS from the moment product non-conformity is detected. Any loss or damage shall be borne by the User if they fail to notify within the aforementioned period.

Returning the products with manufacturing defects shall not lead to any additional costs for the User.

In order to formalise the return, the User must contact HAWKERS within the given period of one month by sending an email to contact@hawkersco.com, citing the product(s) being returned and attaching a photograph and a detailed list of the defects observed.

Once HAWKERS has received the email from the User, we shall inform you within 3 to 5 business days of whether or not the product is to be returned. In the event of an approved return, HAWKERS shall inform the User of how the faulty product is to be collected or sent to the offices/warehouses.

Users may send the faulty product to one of the offices/warehouses listed below:

- Office in Spain: Play Hawkers S.L C/ Santiago Ramón y Cajal 37 - 1ª planta Elche Parque Empresarial 03203 Elche (Alicante) España

- Warehouse in the United States: Shipwire Inc. 1409 S Lilac Ave Bloomington, CA 92316 USA

- Warehouse in Australia: PLY RETURNS PO BOX 6035 CHULLORA, NSW, 1405

Each product returned must be unused and have all of its tags, labels, packaging, and where applicable, the original documentation and accessories that came with the product. HAWKERS reserves the right to refuse the return if the User fails to comply with these requirements.

Once the product has been received and the defects confirmed, HAWKERS shall give the User the option to replace the product for another that is identical, except where this option is objectively impossible or disproportionate for HAWKERS.

In the event of a shortage in stock preventing replacement with an identical product, the User may choose to terminate the contract (i.e. receive reimbursement of the payment made), or voluntarily choose and request another model to be delivered.

Delivery of the identical product or the new model chosen by the User, whichever is the case, shall take place in the following 3 to 5 business days from the date when HAWKERS confirms replacement of the faulty product or delivery of the new model.

Whichever the option chosen among replacement, delivery of a new model or termination of the contract, the User shall not incur any additional costs.

If the User decides to terminate the contract, HAWKERS shall fully reimburse the payment made for the faulty product (including delivery costs).

HAWKERS informs Users that the period for reimbursing the payment made shall depend on the method of payment used by the User to purchase the product:

- If the User paid by credit/debit card, HAWKERS shall refund the amount paid within 14 calendar days from when the User decides to terminate the contract.

- If the User paid by PayPal, HAWKERS shall refund the amount paid within 24-48 business hours from when the User decides to terminate the contract.

6.2 Withdrawal.

In the event that the User is not satisfied with the products received in their order, pursuant to the General Act on Consumer and User Protection, the User has fourteen (14) calendar days to return the order in its entirety, or if preferred, they may choose to return any of the products forming part of the order, all of which may be done without any penalisation or the need to give reasons.

However, the User must bear the direct cost of returning the order to HAWKERS, either in its entirety or in part.

To formalize the return, the User must contact HAWKERS via the email address contact@hawkersco.com, attaching the completed withdrawal form that is supplied along with these Terms and Conditions (see ANNEX 1). Upon receipt of this email, HAWKERS shall instruct the User on how to send the order to its offices or warehouses.

The User may send the product to the following HAWKERS offices/warehouses:

- Office in Spain: Play Hawkers S.L C/ Santiago Ramón y Cajal 37 - 1ª planta Elche Parque Empresarial 03203 Elche (Alicante) España

- Warehouse in the United States: Shipwire Inc. 1409 S Lilac Ave Bloomington, CA 92316 USA

- Warehouse in Australia: PLY RETURNS PO BOX 6035 CHULLORA, NSW, 1405

HAWKERS cannot be held liable for the delivery company that the User uses to return the order. Consequently, HAWKERS advises the User to request proof of delivery from the delivery company once the product has been delivered to HAWKERS offices/warehouses. In this way, the User has proof that the product has been successfully delivered to HAWKERS.

Moreover, HAWKERS shall not be held liable if the User returns the order to any address other than those indicated above.

With regards to returning orders that Users place within Europe, HAWKERS cannot be held liable if the User returns the order to any address other than that of HAWKERS office in Europe: C/ Santiago Ramón y Cajal 37 - 1ª planta Elche Parque Empresarial 03203 Elche (Alicante) España.

The cost involved in returning the order (for example, delivery company costs) shall be directly borne by the User.

The product must be unused and have all of its tags, labels, packaging and, where applicable, the original documentation and accessories that came with the product. The User accepts that the product may depreciate in value or that HAWKERS may refuse the refund if the User fails to act as instructed or if the product is in any way damaged.

Once HAWKERS verifies that the order is in good condition, HAWKERS shall then refund the full amount paid by the User.

If the User decides to return the order in its entirety, HAWKERS shall refund the full amount paid by the User (including delivery costs).

If the User only wishes to return one or some of the products in the order, HAWKERS will not be able to refund the delivery costs paid for the whole order.

HAWKERS informs Users that the period for payment reimbursement shall depend on the method of payment used to purchase the product:

- If the User paid by credit/debit card, HAWKERS shall refund the amount paid within 14 calendar days from when the User decides to terminate the contract.

- If the User paid by PAYPAL, HAWKERS shall refund the amount paid within 24-48 business hours from when the User decides to terminate the contract.

In any case, HAWKERS shall refund the amount paid as soon as possible, and always within 14 calendar days from date the User communicates their decision to withdraw from the contract.

7. Product Exchange Policy

HAWKERS does not allow Users to exchange a product purchased for another offered on the website.

Should the User wish to exchange a product, they will have to exercise their right of withdrawal from the purchase contract, as established in clause 6.2, and then proceed to purchase the new product.

8. 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 and with the present Terms and Conditions.

The User may only use for personal purposes any information (that is, any messages, sound files, photographs, drawings, software and, in general, any description or type of computer file, chart, etc.) on the Web Site.

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.

9. Intellectual or Industrial Property

The intellectual property rights in the page www.hawkersco.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 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.

10. Hyperlinks

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.

11. 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.

12. Amendments

The information appearing on this Web Site is that applicable on the date of the latest update thereof. HAWKERS reserves the right to update, amend or eliminate the information from this Web Site and to amend unilaterally the present Terms and Conditions, its privacy policy and any other information. Any amendments in said terms and conditions shall enter into force at the time of publication thereof on this Web Site.

13. Notices

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. Language

HAWKERS may translate these Terms and Conditions, its Privacy Policy and any other operational rules, policies or procedures published on the Web Site. In case of conflict the Spanish version will prevail.

15. Ethics Policy on providers

As a prestigious and reliable company, committed to the objective of providing high quality products to users, HAWKERS recognizes its obligation to ensure that providers act ethically. We expect our suppliers provide regularly an environment that protects the health and safety of employees in addition to their basic human rights.

All providers must comply with national laws and regulations on employment, in particular with regard to the following:

  • Minimum working age
  • Employment freely chosen
  • Health and safety
  • Freedom of association and right to collective bargaining
  • Absence of discrimination
  • Absence of painful or inhuman treatment
  • Work Schedule
  • Wages
  • Working conditions
  • HAWKERS will never consciously acquire supplies from countries that do not comply with the above principles. We also expect our suppliers follow these principles in dealing with their own providers. Due to the nature of the supply chain of our suppliers 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, recognizes the importance of acting by taking the initiative and doing everything possible to defend the rights of people involved in the manufacture of its products.

    16. 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 Defence 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.

    Likewise, by virtue of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer, HAWKERS informs that, in case of dispute, the User resident of European Union may attend to the Online Dispute Resolution Platform (ODR) that the European Commission has developed in order to solve any dispute arising from the services provided by Hawkers.

    To access to the ODR Platform you can visit the next link: http://ec.europa.eu/consumers/odr/

    In any case, please note that HAWKERS put at your disposal a Claimant Form by which the User can formulate a claim in relation with the services provided by HAWKERS.

    ANNEX 1

    Withdrawal form template

    (you must only fill in and send this form if you wish to withdraw from the agreement)

    PLAY HAWKERS, S.L

    Calle Santiago Ramón y Cajal 37, 1º planta, Polígono Industrial, 03203, Elche, Alicante, Spain

    E-mail: contact@hawkersco.com

    I hereby inform you that I wish to withdraw from my agreement to purchase sunglasses:

    – Ordered/received on [insert date of purchase/date of receipt of the order]

    – [Name of consumer and user]

    – [Address of consumer and user]

    Signature of consumer and user (only if the present form is submitted on paper)

    Date