HAWKERS’ TERMS AND CONDITIONS

1. Identification of the owner and general information

These Terms and Conditions govern access to and the purchase of products on the website www.hawkers213.com (hereinafter, the “Website”), owned by PLAY HAWKERS, S.L. (hereinafter, “HAWKERS”), which markets the products displayed on it and is responsible for the contractual relationship established with the user (hereinafter, the “User”) for the purchase of products on the Website.

 
• Company: PLAY HAWKERS, S.L.
 
• Registered Address: Calle Marie Curie 34, 1ª Planta, 03203 Elche, Alicante.
 
• Tax Id. Num. (NIF): B-54754718
 
• Public Register: Alicante Commercial Register, entry 1553, Journal 20, Volume 3,749, Page 168, Sheet A-138493, Entry 5.
 
• Email: hello@hawkersco.com
 
• Telephone No.: (+34) 865750089

Notwithstanding the foregoing, depending on the product purchased by the User, they may be subject to specific conditions, given the particular characteristics of the product. These specific conditions are included in these terms and conditions.

2. Purpose

This document sets out the terms and conditions (hereinafter, the “Terms and Conditions”) governing browsing on the Website and the purchase of products offered by HAWKERS to Users.

The Website may offer products from any of the companies belonging to the group to which HAWKERS belongs, with each entity being solely responsible for matters relating to its own products and, in particular, for the contractual relationship established with the User. Neither HAWKERS nor its parent company will be jointly or subsidiarily liable for all of them.

Anything not specifically mentioned in these Terms and Conditions will be handled at the discretion of HAWKERS, without affecting the application of current regulations.

Ticking the corresponding box to accept these Terms and Conditions, as well as completing all the steps set out online, constitutes the User’s express acceptance of them, having the same validity as their handwritten signature. Accordingly, the User acknowledges that they are a person with sufficient capacity to assume the obligations arising from their actions through the Website, and that they have previously read and understood its contents.

In any case, to enter into a contract with HAWKERS, the User must be of legal age (eighteen (18) years or older) and have the legal capacity required to enter into contracts.

3. Website access

Access to the Website is completely free of charge and only requires the User to provide the necessary information to manage their purchases. Access to the Website by minors is strictly prohibited. However, in the event that a minor accesses the Website, it will be presumed that such access has been carried out with the prior and express authorisation of their parents, guardians or legal representatives, without prejudice to HAWKERS' right to carry out any checks it deems appropriate.

Accessing and browsing the Website does not require registration. However, in order to make a purchase or receive advertising, information and periodic promotional offers relating to our products, the relevant web forms must be completed.

The information provided by Users must be accurate. If the information is incomplete, inaccurate or false, Users agree to hold HAWKERS harmless against any damage, loss or third-party claims that may arise as a result of such inaccuracies or falsehoods in the data provided. Under no circumstances will HAWKERS be held responsible for the accuracy of the information provided by Users. Each User will be solely liable for any potential consequences, errors or issues arising from the lack of quality in any data provided.

4. Electronic contracting

In accordance with the applicable regulations, contracts entered into electronically will have the same legal effect as those concluded in writing, provided that the required consent and other legal requirements for validity are met.

In any case, the electronic record of the contract entered into electronically will be accepted as documentary evidence in the event of a dispute between the parties.

For these purposes, it will be understood that completing all stages of the purchasing process and, where applicable, payment of the corresponding amount, necessarily constitutes the provision of consent required for the conclusion of the contract.

Likewise, all relevant information regarding the contracting procedure is made available to Users prior to the start of the process.

4.1. Pre-contractual information

These Terms and Conditions are freely and publicly available to all Users of the Website via the following link: https://www.hawkers213.com/gb/terms.html .

Access to the contracting process is completely free of charge, with no additional costs beyond those associated with the User's own internet connection.

All products offered for sale are clearly described in their respective product pages, which are made available to Users. Any matters not expressly stated in those descriptions will be deemed excluded.

The contract between HAWKERS and the User will be considered binding at the moment the User completes the contracting process by clicking the “Buy” button or equivalent. It is understood that completing all stages of the electronic contracting process and entering all requested information, together with ticking the relevant box to accept these Terms and Conditions, constitutes a clear expression of the User’s intention to accept them.

HAWKERS, as a provider of information society services, will retain the electronic document in which the contract is formalised. This electronic document will be accessible to the User, who will be able to download and print it, and it will include these Terms and Conditions. HAWKERS will send an email to the User confirming that the purchase has been successfully completed, along with the corresponding invoice.

HAWKERS will implement appropriate and sufficient technical measures to identify and correct technical errors in the handling of information, insofar as such errors fall within its responsibility.

The language used to carry out the contracting procedure and to formalise the present contract will be Spanish, unless otherwise stated.

4.2. Purchasing procedure

The purchasing process for the products offered is carried out electronically via the Website. Anyone with internet access can make a purchase, and all the products offered on the Website are publicly accessible, with no restrictions on their viewing.

The full process that must be followed by all Users who wish to purchase any of the products available on the Website consists of the following steps:

 
• Once the User has accessed the Website, they must select the products they are interested in. It is very important to review the descriptions, features, conditions, delivery times and final prices indicated in the product information sheet, and to specify the number of units they wish to purchase. 
 
• The selected products will be added to the User’s shopping “Basket” on the Website, allowing the User to continue shopping, with all selected items remaining in the “Basket”. The User may access their “Basket” at any time by clicking the icon in the upper right-hand corner of the page.
 
• Next, once all the desired products have been selected, the User must begin the electronic purchasing process by clicking the “Buy” button.
 
• To proceed with the purchase, all User details must be provided. The User must also complete the information required for billing and product delivery. To this end, the User will be directed to a screen where they will be asked to provide certain personal and banking details, as well as to choose from a range of options offered by HAWKERS. Completing this information is essential to finalise the purchase of products via the Website.
 
• In the “Payment Method” section, the User must simply select their preferred method of payment from those offered by HAWKERS on the Website, which include: debit or credit card (VISA, Mastercard or American Express), PayPal, Bizum, Klarna or similar. HAWKERS will never have access to the User’s banking details, as these are handled directly by the corresponding banks. The User is informed that payment via any of these methods may be subject to the specific terms and conditions of the respective payment service providers. HAWKERS recommends that the User reads, understands and accepts the specific terms and conditions of the relevant provider, which are separate from these Terms and Conditions.
 
• Once the payment has been made, the User will receive a confirmation email containing a summary of the items purchased, the chosen delivery method and the delivery address.
 
• If any issue arises during the payment process that prevents the transaction from being completed, the User will receive an automatic payment error message, and the order will not be processed until the payment is successfully completed.

4.3. Product characteristics

The Website offers various types of products. HAWKERS markets fashion items, clothing and/or accessories (hereinafter, the “Products”). The characteristics of each product type are detailed below.

The information provided on the Website to describe each product or service, such as photographs, graphic or iconographic representations, or videos, as well as trade names, trademarks or any other distinctive signs, is for informational purposes only. Therefore, HAWKERS accepts no liability for any errors that may appear in such information, although it undertakes to take all reasonable measures to correct any such errors or omissions as soon as possible after becoming aware of them.

5. Financial conditions

5.1. Prices

The current price of each product will be the one shown at all times on the Website next to its description, this being publicly accessible for viewing.

All prices are shown in Euros, unless expressly stated otherwise.

All prices displayed are final prices, and expressly include Value Added Tax (VAT) and any other applicable charges. The final price will include any applicable surcharges or discounts, expenses passed on to the User and additional costs for ancillary services, payment methods, etc. In all cases, these amounts will be clearly itemised for the User during the purchasing process.

A standard VAT rate of TWENTY-ONE PER CENT (21%) will be applied to the products sold on the Website.

However, VAT will be deducted for all purchases made by Users located in the Canary Islands, Ceuta or Melilla, without prejudice to any local taxes that may apply in those territories.

5.2. Discount codes

HAWKERS may periodically offer discount codes to its Users. Such discounts may only be applied under the specific instructions provided by HAWKERS for each code, and in all cases, Users may only use one code per order.

Discount codes may not be used in conjunction with certain promotional campaigns or collections.

5.3. Payments

Once the User has purchased any of the products available on the Website and made payment through one of the methods offered to Users by HAWKERS, it will send the User an email containing all relevant information about the products purchased, their price, applicable taxes and any other information required by law.

All payments made over the internet will be processed via a platform provided by an external financial institution, which will in all cases be hosted on a website using a secure SSL protocol. To verify this, please ensure that the web address used for payment begins with https://.

The purchase will only be considered complete once HAWKERS has received confirmation of payment from the secure payment provider’s bank. If the transaction is declined by the payment provider for any reason, or if the full amount corresponding to the cost of the products (including handling charges and bank transfer fees) is not received, the purchase will be suspended, and the User will be informed that the transaction has not been completed.

Once full payment has been received, HAWKERS will automatically send the corresponding invoice to the User’s email address. By accepting these Terms and Conditions, the User expressly consents to receiving the invoice electronically. If the User prefers a paper invoice, they may contact HAWKERS and provide the postal address to which the invoice should be sent.

In accordance with current legislation, HAWKERS is not permitted to alter invoices after the sale has been completed. As such, the invoice will be issued in the name of the individual who places the order. The User must therefore ensure that the order is placed under the correct name, as duplicate invoices cannot be issued for third parties, nor can invoices be reissued once the warranty period has expired.

5.4. Payment methods

For one-off purchases, we accept the following debit and credit cards: Visa, MasterCard, American Express.

To offer you Klarna's payment methods, we may need to pass your personal data, such as contact details and order information, to Klarna during the checkout process. This is done so Klarna can assess whether you qualify for their payment options and tailor the available methods accordingly. Any personal data transferred is processed in line with Klarna’s privacy notice.

6. Delivery conditions for purchased products

6.1. Home delivery

By default, products purchased will be delivered to the physical address provided by the User.

Home delivery may involve an additional charge for delivery costs, calculated based on the products purchased. In all cases, these costs will be shown to the User during the checkout process. Products will be delivered to the address specified by the User.

The estimated delivery time, including order preparation, will vary depending on the country, region and delivery method selected at the time of purchase. 

 
• * Delivery times are always subject to the proper and normal functioning of the logistics process involved in order preparation and delivery, as well as the volume of orders at any given time.
 
• * Delivery times are always subject to the proper and normal functioning of the logistics process involved in order preparation and delivery, as well as the volume of orders at any given time.
 
• *** Delivery rates may be adjusted for promotional campaigns. Please refer to our FAQ/Promotions section to check the applicable rates for each offer.

Notwithstanding the above, HAWKERS has no control over deliveries once they have been handed over to the relevant postal service, and therefore cannot be held responsible for any delivery delays where the order was dispatched on time.

HAWKERS also informs Users that products may be delivered in multiple shipments.

7. Warranties and returns

All products offered are original items, covered by the manufacturer’s warranty and free from defects, with the legally recognised warranty periods in place.

Consumers and users may return to HAWKERS, at no cost, any product that is defective or does not match the description provided, within a period of three (3) years from the date the product was received. If the defect becomes apparent more than two (2) years after delivery of the product, the User must provide evidence to the manufacturer or seller that the fault, defect or lack of conformity already existed at the time of delivery. The consumer must notify HAWKERS of this via the dedicated CONTACT channel, indicating the defective product(s), attaching photographs and any other evidence demonstrating the defects or non-conformity of the products, along with a detailed description of the issues identified, the purchase order and any additional documentation that can help identify the purchase made by the consumer and user.

Once HAWKERS has received the consumer and user’s notification and its Quality Department has reviewed the issue, the consumer and user will be informed as soon as possible whether the return of the product is accepted or not, based objectively on the nature of the product and the type of reported defect or non-conformity. If its return is approved, HAWKERS will inform the consumer and user of the procedure to follow in order to send the defective product back to its warehouse. The return address is as follows:

Elche Parque Empresarial, Calle Marie Curie, 34, 03203, Elche (Alicante), Spain.

However, HAWKERS will not, under any circumstances, accept responsibility for products returned without the consumer and user having followed the process outlined above.

Each product to be returned must be unused or, if the defect has appeared following normal everyday use, in the best condition possible. It must be returned with all original labels, packaging and, where applicable, documentation and any accessories that were included with it. If the consumer and user does not comply with this requirement, HAWKERS, specifically its Quality Department, will objectively assess the issue to determine whether the product is defective, considering its nature and the type of reported lack of conformity or defect.

If the product does not conform to the contract, the User may choose between requesting repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. Once the User has notified HAWKERS of their chosen option, both parties must comply with it. If repair is chosen and, once this has been completed and the product returned, it is still not in conformity with the contract, the User may request a replacement, unless this option is disproportionate. In that case, the consumer may choose either a price reduction or the termination of the contract.

HAWKERS informs the consumer and user that, given the nature of the products, repairs are generally not possible as they would be disproportionate. If, due to the specific characteristics of the product and the defect, repair is indeed possible, the consumer and user will be expressly informed of this and given the option to choose between replacement or repair.

In line with the above, the consumer and user may have the defective product replaced with another of identical characteristics, at no cost whatsoever. If it is not possible to replace the defective product with one of identical characteristics, the consumer will be offered the option to choose a similar model instead.

Delivery of the replacement product of identical characteristics or new model selected by the consumer and user, as appropriate, will take place within three (3) to five (5) working days from the date on which HAWKERS confirms to the consumer and user the replacement or dispatch of the new model.

If the product cannot be repaired and the replacement is not in accordance with the contract, the consumer may choose to terminate the contract.

HAWKERS informs consumers and users that the refund period for any payments made will depend on the method of payment used by the consumer and user at the time of purchasing the product:

 
• If the consumer and user paid by debit or credit card, HAWKERS will refund the amount paid within fourteen (14) calendar days from the date on which the consumer and user chose to terminate the contract.
 
• If the consumer and user paid using PayPal, HAWKERS will refund the amount paid within twenty-four (24) to forty-eight (48) working hours from the date on which the consumer and user chose 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 any reason, within fourteen (14) calendar days from the date of proper receipt of the product. The consumer and user may return the entire order or, if preferred, any of the products included in the order, without incurring any penalty and without the need to state a reason.

The consumer and user must bear the direct cost of returning the item(s) to HAWKERS, whether returning the entire order or only part of it.

To initiate the return, the consumer and user must contact HAWKERS at hello@hawkersco.com. Once the communication has been received, HAWKERS will inform them of the method for returning the order to its offices or warehouses.

The consumer and user must send the product to the following HAWKERS office/warehouse:

Elche Parque Empresarial, Calle Marie Curie, 34, 03203, Elche (Alicante), Spain.

HAWKERS will not be held responsible for the courier service contracted by the consumer and user to return the order. In this regard, HAWKERS recommends that the consumer and user request a receipt of delivery from the courier service once the product has been delivered to HAWKERS’ offices, so the consumer and user has proof that the product was successfully returned to HAWKERS. HAWKERS accepts no responsibility if the consumer and user sends the return to an address other than the one specified. HAWKERS may ask the consumer and user to provide the delivery receipt as proof of return.

Order return costs (such as delivery rates via courier services) must be borne entirely by the consumer and user.

The product must be in perfect condition and returned with all original labels, packaging and, where applicable, documentation and any accessories that were included with it. If the consumer and user fails to do this, or if the product has been damaged, they accept that the product may be subject to depreciation or that HAWKERS may reject the exercise of the consumer and user’s right of withdrawal.

Once HAWKERS has verified that the returned order is in good condition, it will proceed to refund the full amount paid by the consumer and user.

If the consumer and user decides to return the entire order, HAWKERS will refund the total amount paid by the consumer and user, including the delivery charges originally paid to HAWKERS.

If the consumer and user chooses to return only one or some of the products from the order, HAWKERS will not be able to refund the delivery costs the consumer and user paid for the entire order.

HAWKERS informs consumers and users that the refund period for any payments made will depend on the method of payment used by the consumer and user at the time of purchasing the product:

 
• If the User has paid by debit or credit card, HAWKERS will refund the amount paid within fourteen (14) calendar days from the date on which the consumer and user chose to terminate the contract.
 
• If the consumer and user has paid using PAYPAL, HAWKERS will refund the amount paid within twenty-four (24) to forty-eight (48) working hours from the date on which the consumer and user chose to terminate the contract.

In any case, HAWKERS will process the refund as quickly as possible and, in all cases, within fourteen (14) calendar days of being notified of the consumer and user’s decision to withdraw from the contract.

In the case of promotions involving the purchase of individual items that include an additional product, such as, but not limited to, 2for1, 3for2 promotions, or any other offer that includes the delivery of a free or discounted item, if the consumer and user chooses to exercise their right of withdrawal, this right will apply to all products provided as part of the promotion.

The right of withdrawal does not apply to products made to the consumer and user’s specifications or clearly personalised, in accordance with Article 103(c) of Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws. 

9. Product exchange policy

HAWKERS does not allow exchanges between a product purchased by the consumer and User and another product offered on the Website.

If the User wishes to exchange a product, they must exercise their right of withdrawal as set out in the previous clause and then place a new order for the desired item.

10. Customer Service

HAWKERS, as the operator of the Website and the party responsible for the marketing and sale of the products offered on it, offers consumers and users a customer service team to handle all enquiries, complaints, claims and suggestions related to the purchase of products through the Website.

The contact channels available to consumers and users are as follows:

 
• Website https://www.hawkers213.com/gb/page-contact.html: Available twenty-four (24) hours a day, seven (7) days a week.
 
• Email: hello@hawkersco.com. Available twenty-four (24) hours a day, seven (7) days a week.

Once a communication is received from the customer, we will aim to respond to the complaint or query as soon as possible, and in any case within no more than one (1) month from the date the consumer and user submitted it.

Complaint forms are available to consumers and users.

In accordance with paragraph 3 of Article 21, as amended by Final Provision Five of Law 7/2017 of 2 November, which transposes Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 into Spanish law, and in particular Article 6(1)(c), the telephone number is (+34) 865750089.

11. Website rules of use

Access to or use of the Website for unlawful or unauthorised purposes, whether for financial gain or not, is not permitted and will be the sole responsibility of the User. In particular, and without limitation, the following is strictly prohibited:

 
• Using the Website in any way that may cause damage, interruptions, malfunctions or defects in its operation or on a third party’s device.
 
• Using the Website to transmit, install or publish any viruses, malware or other harmful programs or files.
 
• Using the Website to collect personal data from other Users.
 
• Using the Website in an unlawful manner, or in violation of good faith, public order or accepted standards of behaviour.
 
• Registering on the Website under a false identity, impersonating third parties, using a fake profile or engaging in any other behaviour that may mislead other Users about the identity or origin of a message.
 
• Accessing any section of the Website, other systems or networks connected to the Website, any of the provider’s servers, or the services offered through the Website without authorisation, by means of hacking, password mining, spoofing or any other illegitimate method.
 
• Breaching, or attempting to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website.
 
• Carrying out any action that causes a disproportionate or unnecessary overload on the Website’s infrastructure or the provider’s systems or networks, as well as on systems and networks connected to the Website.
 
• Obstructing the normal course of any event, competition, promotion or any other activity available through the Website or any of its functionalities, whether by altering or attempting to alter, unlawfully or otherwise, access, participation or operation thereof, or by falsifying outcomes and/or using fraudulent means of participation, through any procedure and/or by any practice that infringes or violates these Conditions of Use in any way.
 
• Sharing, via the Website or any of its communication channels, content that breaches the confidentiality of communications or infringes intellectual or industrial property rights, or regulations on the protection of personal data.
 
• Sharing, via the Website or any of its communication channels, content that contains “spam” and/or links to unrelated websites.
 
• Using the Website in a way that may cause damage, interruptions, inefficiencies or malfunctions, whether to the Website itself or to third-party devices.
 
• Using the Website or any of its enabled communication channels to transmit, install, or publish any virus, malware or other harmful programs or files.

Failure by the User to comply with any of the above obligations may result in the provider taking appropriate legal action and exercising its rights, which may include the suspension or deletion of the offending User’s account, without any entitlement to compensation for any damage or loss suffered by the User as a result.

12. Intellectual and industrial property rights

The provider is the owner or, where applicable, holds the necessary licences for the exploitation rights over the intellectual and industrial property of the Website, as well as all content made available through it. This includes the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the Website.

Under no circumstances will the User’s access to, browsing of, or use of the Website, or their use, purchase and/or contracting of products or services offered through it, be understood as a waiver, transfer, licence or assignment, total or partial, of any such rights by the provider. The User is granted the right to use the content and/or services of the Website solely for domestic purposes and only to enjoy the services under these Conditions of Use.

References to registered trademarks, trade names or other distinctive signs, whether owned by the provider or by third-party companies, imply that their use is prohibited without the prior consent of the provider or their rightful owners. At no time, unless expressly stated otherwise, does access to, browsing or use of the Website and/or its contents grant the User any rights over the distinctive signs included therein.

All intellectual and industrial property rights over the content and/or services of the Website are reserved. In particular, it is strictly forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, in whole or in part, any of the content included on the Website by any means or in any form, for public or commercial purposes, without the prior, express and written authorisation of the provider or, where applicable, the relevant rights holder.

It is also forbidden to remove or manipulate the copyright signs or other credits that identify the holders of the rights over the contents that the User can find on the Website, or the technical protection devices, digital fingerprints or any other protection or information mechanism incorporated into the contents offered on the website.

Should the User submit any information to the provider via any of the enabled channels, the User declares, guarantees and accepts that they are entitled to do so freely, that such information does not infringe any intellectual property rights, industrial rights, trade secrets or any other third-party rights, and that the information is not confidential or harmful to third parties.

The User agrees to take on any liability and hold the provider harmless from any communication that they provide personally or in their name, with this liability extending without restriction to the accuracy, legality, originality and ownership thereof.

Should the User become aware of the existence of any content that is unlawful, illegal, against the law or that may imply a violation of intellectual and/or industrial property rights, they must notify the provider of it immediately via the email address hello@hawkersco.com so that it can take the appropriate measures.

Likewise, if any User or third party believes that any content on the Website owned by the provider infringes their intellectual and/or industrial property rights, or any other rights, they must send a communication to hello@hawkersco.com. including the following information:

 
• Identification details and contact information of the claimant or their legal representative.
 
• Documentation proving their ownership of the rights allegedly infringed.
 
• A detailed account of the rights allegedly infringed by the provider, as well as their exact location within the Website.
 
• An express statement by the claimant confirming that the use of the content has taken place without the consent of the holder of the rights allegedly being infringed.

13. Links

13.1. Links to other websites

If the Website displays links or products that redirect to other websites via buttons, hyperlinks, banners or embedded content, the provider informs Users that these are managed directly by third parties. The provider does not have the human or technical means to review, monitor or approve in advance all the information, content, products or services offered by other platforms with links from the Website.

Consequently, the provider cannot accept any type of liability for any aspect relating to the platform or Website to which a link may be established from the Website. This specifically includes, but is not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links or generally any of its contents.

If Users become aware that activities carried out through such third-party websites are illegal or contrary to morality or public order, they must notify the provider immediately so that the link can be disabled as quickly as possible.

In any case, the establishment of any type of link from the Website to another external website does not imply that there is any type of relationship, collaboration or dependence between the Company and the party responsible for the external website.

13.2. Links to HAWKERS’ channels on other platforms and social networks

The provider offers Users, through various tools and applications, links that allow them to access the channels and pages managed by the provider on different platforms and social networks owned or operated by third parties (e.g. Facebook, Twitter, Pinterest, Google+, etc.). The sole purpose of including these links on the Website is to make it easier for Users to access those channels on the various platforms and social networks.

The presence of these applications does not imply any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor does it imply the provider’s acceptance or approval of their content or services. The owner, manufacturer or distributor remains solely responsible for them.

Under no circumstances does the provider share any private information about its Users with Facebook, Twitter or any other social network that may be included in the future. The sole purpose is as stated in these Conditions of Use and the Website’s Privacy Policy. Any information the User chooses to provide to these platforms is done so at their own risk, and the provider does not participate in that process.

Activating and using these applications may require the User to identify and authenticate themselves (login/password) on the corresponding platforms, which are entirely external to the Website and beyond the provider’s control. By accessing these external networks, the User enters an environment not controlled by the provider, and the provider accepts no responsibility for the security settings or configurations of those environments.

Since the provider has no control over the content hosted on such external channels, the User acknowledges and accepts that the provider assumes no responsibility for the content or services that may be accessed via those pages, nor for any content, products, services, advertising or any other material available on them.

For this reason, the User should exercise particular caution when evaluating and using the information and services provided on linked channels, as well as when sharing personal or third-party information on those platforms.

13.3. Links from other websites to the Website

The provider does not authorise the establishment of a link to the Website from those websites containing materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene any laws, morality, public order or generally accepted social norms.

In any case, Users may include links to the Website on their own web pages, provided they meet the following conditions: a) the link must not reproduce the content of the Website or any part of it in any way; b) it is not permitted to create a browser or border environment around the sections of the Website, nor may the Website be modified in any way; c) no false, inaccurate or misleading statements may be made about the Website, and in particular, it must not be claimed or implied that the provider has authorised the link or supervises or endorses in any way the content or services offered on the page where the link appears; d) the website containing the link to the Website must not contain unlawful information or content, nor content that violates generally accepted standards of morality and public order. It must not contain content that infringes the rights of third parties, including intellectual or industrial property rights, or the right to honour, personal and family privacy, image, or any other rights. Nor may it contain content that breaches regulations on the protection of personal data.

The provider does not have the authority, nor the human or technical means, to monitor, review or approve all the information, content, products or services provided by websites that link to the Website. The provider accepts no responsibility whatsoever for any aspect related to the website that links to the Website. This includes, but is not limited to, its operation, access, data, information, files, the quality and reliability of its products and services, its own links and/or any of its content in general.

14. Liabilities and guarantees

HAWKERS undertakes to ensure that the content, data and information relating to the products offered on its Website are reliable, accurate and truthful, and accepts responsibility for the advertised prices and product features. However, it will not be liable for any information that has been entered, displayed or modified by third parties unaffiliated with HAWKERS.

The photographs, text, graphics, information and features used to illustrate the products for sale are for illustrative purposes only and are not contractual, meaning they may vary. Nonetheless, we always strive to ensure that product descriptions are as accurate as possible.

Although HAWKERS makes every effort to maintain the integrity, accuracy and reliability of the Website and its contents, it does not guarantee nor accept liability for: (i) the continuity of the contents of the Website; (ii) the absence of errors in these contents; (iii) the absence of any viruses and/or other harmful components on the Website or the server that hosts it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures taken therein; (v) the lack of usefulness or performance of the contents of the Website; (vi) the damage caused, to themselves or to a third party, by any individual who violates the terms and conditions, rules and instructions that the provider establishes on the Website or by breaching the security systems of the Website.

Nonetheless, HAWKERS declares that it has taken all necessary measures within its capabilities and the current state of technology to ensure the proper functioning of the Website and to minimise system errors, both technical and content-related.

HAWKERS does not guarantee the legality, reliability or usefulness of the content provided by third parties through the Website. Should the User become aware of the existence of any content that is unlawful, illegal, against the law or that may imply a violation of third-party rights, they must notify the provider of it immediately so that it can take the appropriate measures.

HAWKERS will not be responsible for the accuracy, completeness or updated nature of any information published on the Website that originates from external sources, nor for the content found on other platforms linked from the Website. The provider will not be liable for any hypothetical damages that may arise from the use of such information.

In all cases, HAWKERS reserves the right to suspend, modify, restrict or terminate, temporarily or permanently, access, browsing, use, hosting and/or downloading of content and/or use of services on the Website, with or without prior notice, for any Users who breach the provisions of these Terms and Conditions. No compensation of any kind will be owed to the User in such cases.

Each party will be liable for any breaches committed personally, and the other party will be held harmless for any errors, negligence or faults not attributable to it, as well as for any harm resulting from such breaches or errors by the other contracting party.

HAWKERS will not be liable in cases of product unavailability or failed delivery due to force majeure, theft or loss, or errors in the order or the information provided by the User. However, in such cases, PLAY HAWKERS may contact the User to try to find the most suitable solution.

Through the Website, HAWKERS does not seek to diagnose the degree of visual impairment of its Users. For this reason, Users are advised to consult their optometrist or ophthalmologist for regular vision checks.

It is the sole responsibility of the User to provide HAWKERS with all necessary and relevant ophthalmological information. HAWKERS does not provide ophthalmological services. If the User has signed up for a Subscription service, it is their sole responsibility to notify HAWKERS in writing immediately of any changes to the ophthalmological information previously provided. Otherwise, the delivery of the product by HAWKERS based on the previously provided information will constitute full compliance with its delivery obligations, and the User will have no right to make any claim against HAWKERS in relation to a delivery made in accordance with that information.

15. Modifications to the Terms and Conditions

HAWKERS reserves the right to make changes or updates to these Terms and Conditions, and Users will be informed in advance of any such modifications, so they may accept or reject them if deemed substantial.

It will be understood that the User has expressly accepted such modifications or updates in the following cases: when making a new purchase, the User will be required to expressly accept the updated Terms and Conditions.

16. Suspension of the Website

HAWKERS reserves the right to suspend, modify, restrict or terminate, temporarily or permanently, access to, browsing, use, hosting or downloading of the content or use of services on the Website, with or without prior notice, for any Users who breach any of the provisions of these Conditions of Use. No compensation of any kind will be owed to the User in such cases.

17. Notification

All communications between HAWKERS and the User relating to the placement 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 specific case.

18. Language

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

19. Supplier policy

As a reputable and reliable company committed to providing high-quality products to its customers, HAWKERS acknowledges its obligation to ensure that its suppliers operate ethically. We expect our suppliers to consistently provide an environment that safeguards the health and safety of their employees, as well as their basic human rights. All suppliers must comply with their national employment laws and regulations, particularly with regard to the following:

 
• Minimum working age
 
• Freely chosen employment
 
• Health and safety
 
• Freedom of association and the right to collective bargaining
 
• No discrimination
 
• No harsh or inhumane treatment
 
• Working hours
 
• Wages
 
• Working conditions

HAWKERS will never knowingly source supplies from countries that violate these principles. We also expect our suppliers to extend these principles to their own suppliers. Due to the sometimes complex nature of our suppliers' supply chains, it is not always possible to monitor and control the conditions of every individual involved in the production of our products. However, as HAWKERS continues to grow, it recognises the importance of taking the initiative and doing everything possible to uphold the rights of the people involved in the manufacture of its products.

20. Confidentiality and data protection

In accordance with the provisions of Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights, all personal data provided during use of the Website will be processed in accordance with the Privacy Policy, which every User must expressly accept in order to use and register within the system.

21. General provisions

The headings of the different clauses are for information purposes only and will in no way affect, qualify or broaden the interpretation of these Conditions of Use. Likewise, the provider may modify the terms and conditions set forth herein, in whole or in part, by publishing any change in the same manner in which these Conditions of Use appear or using any type of communication addressed to the Users.

These Conditions of Use are valid for the length of time that they are displayed, until such time when they are modified, in whole or in part, which will be the time when the modified Conditions of Use enter into force.

Regardless of what has been provided for in the specific terms and conditions, when established, the provider may terminate, suspend or interrupt, at any time and with no need for any prior notice, access to the Website's content, without any possibility for Users to demand any compensation whatsoever. After such termination, the prohibitions of use for the content specified above in these Conditions of Use will remain in force.

Furthermore, if the User breaches these Conditions of Use, the provider may suspend or cancel their profile automatically and without prior notice. Under no circumstances will such suspension or cancellation entitle the User to any form of compensation. For this purpose, the provider reserves the right to notify and fully cooperate with the relevant police and judicial authorities if it detects any breach of the applicable law or has reason to suspect the committing of a criminal offence.

The purchase of any paid product and/or service offered by the provider will be governed by the general and/or specific conditions applicable to each individual service.

In the event of any discrepancy between the provisions of these Conditions of Use and the specific conditions of a given service on the Website, the provisions of the specific conditions will prevail.

If any provision of these Conditions of Use is declared null or unenforceable, in whole or in part, by any court, tribunal or competent administrative authority, such nullity or unenforceability will not affect the remaining provisions of these Conditions of use.

The provider’s failure to exercise or enforce any right or provision contained within these Conditions of Use will not be construed as a waiver thereof, unless there is written acknowledgment of and agreement to this by it.

22. Partial nullity

All clauses or provisions of this contract must be interpreted independently and individually, and the validity of the remaining provisions will not be affected in the event that one of them is declared null and void by a final court judgment or arbitration ruling. Any affected clause(s) will be replaced with others that preserve the intended effects of these Conditions of Use of the Platform.

23. Applicable law and jurisdiction

Whenever the applicable legislation allows the parties to choose a jurisdiction, any legal dispute arising from or related to this Website will be governed by the Spanish legislation in force at the time of the dispute, and we will submit to the Courts and Tribunals of Elche, as well as, where applicable, any consumer arbitration bodies or similar to which we are affiliated at the time the dispute arises. Notwithstanding the above, and in accordance with Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Defence of Consumers and Users, in the event of a dispute we will submit to the courts of the consumer and user’s place of residence.