1. INTRODUCTION
This document (together with all the documents mentioned therein) establishes the conditions governing the use of this website (www.huckstersandhucks.com) and the purchase of products on it (hereinafter, the “Conditions” ), whatever the application, digital medium, support or device through which it can be accessed. Please read these Conditions and our Privacy and Cookies Policy (“Privacy and Cookies Policy”) carefully before using this website. By using this website or placing an order through it, you consent to be bound by these Conditions and by our Privacy and Cookies Policy, so if you do not agree with all the Conditions and the Privacy Policy and Cookies, you should not use this website.
If you have any questions related to the Conditions or the Privacy and Cookies Policy, you can contact us through our contact channels.
The contract may be formalized, at your choice, in any of the languages in which the Conditions are available on this website.
& nbsp;
2. OUR DATA
The sale of items through this website is carried out under the name HUCKSTERS by HUCKSTERS OPTICAL, SL, a Spanish company with address at Avda. De Cervantes, 51 – CP 28880 Meco (Madrid), registered in the Madrid Mercantile Register, Seat 10/104/551, Folio 81, NIF B-88150628 and email info@huckstersandhucks.com .
& nbsp;
3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE
The information or personal data that you provide us about you will be treated in accordance with the provisions of the Privacy and Cookies Policy. By using this website you consent to the processing of such information and data and declare that all the information or data you provide us with is true and corresponds to reality.
& nbsp;
4. USE OF OUR WEBSITE
By making use of this website and placing orders through it, you agree to:
Make use of this web page only to make legally valid queries or requests.
Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
III. Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use this information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
& nbsp;
5. SERVICE AVAILABILITY
The articles offered through this website are available for shipment to Spanish territory and any other Member State of the European Union.
& nbsp;
6. C OW TO ORDER </ h3>
To place an order, you must follow the online purchase procedure and click “Authorize payment”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Also, we will inform you by email that the product is being shipped (the “Shipping Confirmation”).
& nbsp;
7. TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section.
In any case, you can correct errors related to the personal data provided during the purchase process by contacting the Customer Service through the email address atencionalcliente @ huckstersandhucks.com , as well as exercising the right of rectification contemplated in our Privacy and Cookies Policy.
This web page shows confirmation windows in various sections of the purchase process that do not allow you to continue with the order if the information in these sections has not been provided correctly. Likewise, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you must immediately contact our customer service, by phone or email address mentioned above, to correct the error.
& nbsp;
8. AVAILABILITY OF PRODUCTS
All orders are subject to product availability. If there are difficulties in supplying products or if there are no items in stock, we will refund any amount you may have paid.
& nbsp;
9. DELIVERY
Unless unforeseen or extraordinary circumstances occur, we will send you the order consisting of the related products in each Shipping Confirmation within the period indicated on the website according to the established shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation. If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid.
For the purposes of these Conditions, it will be understood that the “delivery” has taken place or that the order has been “delivered” at the moment in which you or a third party indicated by you, other than the carrier, acquires the material possession of the products, which will be accredited by signing the receipt of the order.
& nbsp;
10. IMPOSSIBILITY OF DELIVERY
In the event that 15 days after your order is available for delivery, the order has not been delivered for a reason not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a result of the termination of the contract, we will refund all payments received from you including delivery costs within a maximum period of 14 days from the date on which we consider the contract to be terminated. Please keep in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.
& nbsp;
11. TRANSMISSION OF RISK AND PROPERTY
The risks of the products will be borne by you from the time of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if it were to take place at a later time.
& nbsp;
12. PRICE AND PAYMENT
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due.
Prices may change at any time, but (except as stated above) possible changes will not affect orders with respect to which we have already sent you an Order Confirmation.
Once you have selected all the items you want to buy, they will have been added to your cart and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step. Also, during the purchase process, before making the payment, you can modify the details of your order. In addition, if you are a registered user, you have a detail of all the orders placed in the My Account section.
You can use Visa, Mastercard, American Express and PayPal as a means of payment.
By clicking on “Authorize Payment” you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.
To minimize the risk of unauthorized access, your credit card details will be encrypted . Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any contract with you.
& nbsp;
13. BUY AS A GUEST
This website also allows purchasing through the functionality of purchasing as a guest. In this purchase modality, you will only be asked for the essential data to process your order.
Once the purchase process is completed, you will be offered the possibility of registering as a user or continuing as an unregistered user.
& nbsp;
14. ADDED VALUE TAX AND BILLING
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood as located in the territory of application of the Spanish VAT if the delivery address It is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.
In orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. You expressly authorize us to issue the invoice electronically, although you can indicate at any time your willingness to receive an invoice on paper, in which case, we will issue and send the invoice in that format.
& nbsp;
15. POL Itica RETURN </ h3>
& nbsp;
15.1 Legal right to withdraw from purchase
Right of withdrawal
If you are hiring as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification.
The withdrawal period expires 14 calendar days from the day that you or a third party indicated by you acquired the material possession of the goods or in case the goods that make up your order are delivered separately, to the 14 calendar days of the day that you or a third party indicated by you acquired the material possession of the last of those goods.
Consequences of withdrawal
In case of withdrawal on your part, we will refund all payments received from you, including shipping costs , within a maximum period of 14 calendar days from the date on which we are informed of your decision to withdraw this contract. We will proceed to make such refund using the same payment method used by you for the initial transaction. You will not incur any expenses as a result of the refund. However, the foregoing, we may retain the refund until we have received the goods, or until you have presented proof of the return thereof, depending on which condition is met first.
However, you must bear the direct cost of the return to HUCKSTERS, whether you return the order in full or decide to return only some of the products on the order. Please note that if you decide to return the items to us freight collect we will be authorized to charge you for any costs that we may incur.
To exercise the right of withdrawal, you must notify HUCKSTERS of your decision to withdraw from the contract. To do this, you must contact us through our return request or by writing to us at atencionalcliente@huckstersandhucks.com </ a >. You can use the model withdrawal form that appears as an Annex to these Conditions, although its use is not mandatory.
If you have made a purchase as a guest, you can request returns through the email link of Shipping Confirmation . Neither option will incur an additional cost to you.
Received this communication , HUCKSTERS will indicate the way of sending the order to its offices or warehouses.
& nbsp;
15.2 Contractual right of withdrawal
In addition to the right of withdrawal legally recognized to consumers and users and mentioned in clause 15.1 above, we grant you a period of 30 days from the Shipping Confirmation to make returns of the products (except for those mentioned in clause 15.3 below). , with respect to which the right of withdrawal is excluded).
In the event that you return the products within the contractual term of the right of withdrawal, but once the legal term has elapsed, you will be reimbursed only the price paid for such products.
& nbsp;
15.3 Common provisions
Your right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage, so you should be careful with the / the product / s while they are in your possession. Please return the item using or including all its original packaging, instructions and other documents that accompany it.
You will be able to make the returns through a courier service that we will indicate when we answer your return request.
After examining the article, we will inform you if you are entitled to a refund of the amounts paid. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the legal period and all the items that make up the order in question are returned. The refund will be made as soon as possible and, in any case, within 14 days from the date you communicated your intention to withdraw. However, we may withhold the refund until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first. The refund will always be made in the same payment method that you used to pay for the purchase.
You assume the cost and risk of returning the products to us, as indicated above. If you have any questions, you can contact us through our contact channels.
Also, remember that you will be responsible for the contents of the return package. In the event that there is an error in the content of the return package not attributable to HUCKSTERS, we will be authorized to pass on the corresponding costs if it is possible to manage the return of the package to your attention.
In any case, the rights and actions recognized by the current legislation are safe .
& nbsp;
15.4 Returns of defective products
In the cases in which you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through our contact channels, providing the product information, attaching photographs and a detailed description of the defects found therein.
Once HUCKSTERS has received your communication , it will inform you within a reasonable time whether or not to return the product. In the event that the return proceeds, HUCKSTERS will indicate the way to send the defective product to its offices / warehouses.
The product to be returned must be unused and with all its original labels, packaging, documentation and other accessory elements that came with it. If you do not proceed in this way, HUCKSTERS reserves the right to refuse the return.
Once the product is received and defects are verified, HUCKSTERS will give you the possibility of replacing it with another of identical characteristics, unless this option is objectively impossible due to lack of stock. In that case, you can choose to terminate the contract (that is, the refund of the amounts paid) or request the shipment of another model that you voluntarily choose.
The delivery of the product with identical characteristics or the new model, as appropriate, will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the change is appropriate or the substitution of the non-conforming article.
The replacement , the shipment of a new model or the termination of the contract will not imply additional costs for you.
In addition , if you choose a model with a lower amount than the one previously purchased, we will refund the difference.
If you decide to terminate the contract, HUCKSTERS will carry out the refund of the entire amount you have paid for the purchase of the defective product (including shipping costs). The term of the return of the amounts paid will depend on the payment method that you would have used when buying the product:
If you have made the payment by credit / debit card, we will refund the amount paid within 14 calendar days from when you decided to terminate the contract.
If you have made the payment through PayPal, we will refund the amount paid within 24-48 business hours from when you decided to terminate the contract.
& nbsp;
15.5 Right of withdrawal and return of orders from abroad.
If you have placed an order through this website from a Member State of the European Union other than Spain, clauses 15.1, 15.2, 15.3, 15.4 and earlier will apply.
Likewise, we inform you that under no circumstances (with the exception of the provisions of clause 15.4 to which this clause 15.5 does not apply) will we be obliged to reimburse you for shipping costs other than those incurred to the original delivery address. in Spain or return costs from a destination outside Spanish territory.
& nbsp;
& nbsp;
16. GARANT IN G </ h3>
If you contract as a consumer and user, we offer you guarantees on the products that we commercialize through this web page, in the legally established terms, responding, therefore, for the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
It is understood that the products are in accordance with the contract as long as (i) they comply with the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily intended. products of the same type and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected. In this sense, if any of the products does not comply with the contract, you must inform us by following the procedure detailed in section 15.5 above and through any of the means of communication provided for this purpose.
17. LIABILITY AND RELEASE OF LIABILITY
Unless expressly provided otherwise in these Conditions, our responsibility in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
(i) loss of income or sales:
(ii) loss of business;
(iii) loss of earnings or loss of contracts;
(iv) loss of anticipated savings;
(v) loss of data; Y
(vi) loss of management time or office hours.
& nbsp;
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is expressly establish the opposite in it.
& nbsp;
18. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyrights, trademarks and other industrial and intellectual property rights over the materials or content provided as part of the website correspond at all times to us or to those who have licensed us for their use. You may make use of such material only in the manner expressly authorized by us or by those who have licensed us to use it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact information.
& nbsp;
19. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make improper use of this website by intentionally entering viruses, Trojans, worms, logic bombs, or any other technologically harmful or damaging program or material. You will not try to have unauthorized access to this web page, to the server where said page is hosted or to any server, computer or database related to our web page. You agree not to attack this website through a denial of service attack or a distributed denial of service attack. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of such regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website. or downloading content from it or to which it redirects.
& nbsp;
20. LINKS FROM OUR WEB PAGE
In the event that our website contains links to other websites and materials of third parties, these links are provided for informational purposes only, without us having any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss derived from its use.
& nbsp;
21. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications that we send you be in writing. By using this website, you agree that most of these communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
& nbsp;
22. NOTIFICATIONS
The notifications that you send us should be sent through our email address atencionalcliente@huckstersandhucks.com . In accordance with the provisions of clause 21 above and unless otherwise stated, we may send you communications either by e-mail or at the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, it was correctly sealed and that it was duly delivered by post or mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
& nbsp;
23. CESI ON OF RIGHTS AND OBLIGATIONS </ h3>
The contract is binding both for you and for us, as well as for our respective successors, assigns and successors in title. You may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent.
We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, liens or other transfers will not affect the rights that, as the case may be, you, as a consumer, have recognized by law, nor will they void, reduce or limit in any other way the guarantees, both express and tacit, that we could have given him.
& nbsp;
24. EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control (“Force Majeure”).
Causes of Force Majeure include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion , revolt, invasion, terrorist threat or attack, war (declared or undeclared), or war threat or preparations.
Fire, explosion , storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
Impossibility of using trains, ships, planes, motor transports or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation , regulations or restrictions of any government or public authority.
& nbsp;
It will be understood that the obligations will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
& nbsp;
25. DISCLAIMER
The lack of requirement on our part of the strict compliance by you of any of the obligations assumed by you by virtue of a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of of said contract or of the Conditions, will not suppose to resignation or any limitation in relation to said rights or actions nor will it exonerate you from fulfilling such obligations. No waiver by us of a specific right or action shall imply a waiver of other rights or actions derived from a contract or from the Conditions. No waiver by us of any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you in writing in accordance with the provisions in the previous Notifications section.
& nbsp;
26. PARTIAL NULLITY
If any of these Conditions or any provision of a contract is declared null and void by a firm resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
& nbsp;
27. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made therein constitute the entire agreement existing between you and us in relation to the object of the same and replace any other pact, agreement or previous promise agreed between you and us verbally or written.
You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before the same, except as expressly stated mentioned in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement had been made fraudulently) and the only action that the other party will have for breach of contract in accordance with the provisions of these Conditions.
& nbsp;
28. OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive.
If you do not agree with the modifications made, we recommend that you do not use our website.
& nbsp;
29. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and product purchase contracts through said website will be governed by Spanish law.
Any controversy that arises or is related to the use of the website or to said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are hiring as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation.
& nbsp;
30. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcome. Please send us such comments and suggestions, as well as any queries, complaints or claims, through our contact channels or the postal or email address indicated in clause 2 of these Conditions. In addition, we have official complaint forms available to consumers and users. You can request them through our contact channels.
Your complaints and claims before our customer service will be dealt with in the shortest possible time and, in any case, within the legally established period. Likewise, they will be registered with an identification key that we will inform you and allow you to monitor them.
If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address atencionalcliente@huckstersandhucks.com with the order to request an out-of-court settlement of disputes
Update date : 04/11/2019
Model withdrawal form
(You only have to fill in and send this form if you want to withdraw from the contract)
For the attention of Hucksters Optical, SL acting under the commercial name HUCKSTERS, with address at Avda. De Cervantes, 51 CP 28880, Meco (Madrid), Spain and email atencionalcliente@hucksters.com .
I hereby inform you that I withdraw from my sales contract for the following property: Order on / received on (*):
Name of the consumer: Address of the consumer:
Date:
(*) Take away what does not apply
