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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 HYPERLINK www.hawkersco.co.uk (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 HYPERLINK www.hawkersco.co.uk, 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.

5. Information about the products and services provided by HAWKERS

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 o 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 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 contact@hawkersco.com, 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 fourteen (14) calendar days.

6.2 Withdrawal

Pursuant to the 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 contact@hawkersco.com 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 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.

8. Intellectual or Industrial Property

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

9. 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.

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.

11. 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.

12. 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.

13. 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.

14. Ethics Policy on providers

As a prestigious and reliable company, committed to the objective of providing high quality products to customers, 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.

Withdrawal form template

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: HYPERLINK '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