General terms and conditions Hilura online store
1. Use of the website
2. Service availability, shipments and deliveries
3. How to place an order
4. Cancellation, exchange and refund policy
5. Product warranty
Use of the website.
This document establishes the conditions governing the use of this website (www.hilura.com) and the purchase of products on it (hereinafter, the “Conditions”), whatever the digital media, support or device through which it can be accessed.
Please read these Terms and Conditions and the Privacy Policy carefully before using this website. By using this website or placing an order through this website you agree to be bound by these Terms and Conditions and Privacy Policy, so if you do not agree, you should not use this website. If you have any questions regarding the Terms and Conditions or the Privacy Policy you may contact us through the contact channels.
The sale of articles through this website is carried out under the name Hilura with address at Calle Ciudad de Sagunto, Paterna (Spain), with e-mail info@hilura.com.
The information or personal data you provide about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website you consent to the processing of such information and data and declare that all information or data provided by you are truthful and correspond to reality.
Making use of this website and placing orders commits to:
– Use this website only to carry out legally valid transactions.
– Do not place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we shall be entitled to cancel it and inform the relevant authorities.
– Provide us with your email address, mailing address and other contact information truthfully and accurately. You also 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 fulfill your order. Unless otherwise stipulated, we may send communications to you either by email or to the postal address provided by you when placing an 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.
Notices shall be deemed to have been received and to have been properly made 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. In order to prove that the notification has been made, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and duly delivered at the post office or in a mailbox and, in the case of an e-mail, that the same was sent to the e-mail address specified by the recipient.
Availability of service, shipping and deliveries.
The items offered through the website are available for shipment within Europe. Other countries, to be consulted. The user will refrain from using the website or exporting the Contents in violation of Spanish or European legislation. If accessing this website from outside Spain, the user shall be solely responsible for compliance with all applicable local laws.
As we work by hand, Hilura cannot be held responsible for delays caused by transport companies or complications in production. However, Hiura will inform you promptly of any delays. There is also the possibility of variations in delivery days during the summer season or the temporary rest of the factories due to public holidays.
The material is delivered fully packed and protected in its box. The Customer assumes the risks of deterioration, impairment, damage and loss of the products from the moment the products have been placed at his disposal in accordance with this clause. If for any reason you order the unpacking of the same before its final destination, any damage caused will be out of our responsibility.
In the event of damage to the products due to transport, the Customer must indicate the anomalies on the carrier’s delivery note. Any anomaly due to transport observed in the product or packaging must be noted on the delivery note and communicated within 24 hours. Otherwise, compensation for any possible damage cannot be processed.
If a product other than the one ordered by the Customer is delivered by mistake by Hilura, it will be withdrawn and the correct product will be delivered at no additional charge to the Customer. For any incident related to the delivery or return of items from our online store, please contact our Customer Service Department by e-mail: info@hilura.
Barring unforeseen or extraordinary circumstances, we will ship the order as stated in the Shipping Confirmation within the timeframe indicated on the website according to the selected shipping method.
For the purposes of these Conditions, the order shall be deemed to have been delivered at the time when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks of the products shall 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 connection therewith, including shipping costs, or at the time of delivery, whichever is later.
3.How to place an order
To place orders you must do so through the purchase process of the website, always indicating a valid billing address and payment details. Additionally, you must be of legal age in the applicable jurisdiction. Once the order has been placed, you will receive a confirmation by email. In the event that the confirmation communication sent is erroneous or is not of your conformity, you must proceed to its modification or cancellation.
The sales prices indicated on the website are expressed in Euros (EUR €), unless otherwise stated. The prices constitute an invitation to the user to make payments in favour of Hilura, and shall not be construed as directly binding on Hilura, so that if there is any error in the indication on any page of the site we will inform you of such circumstance and give you the option of reconfirming your order for the correct amount or cancelling it. If we are unable to contact you, the order will be cancelled and the full amount paid will be refunded.
We shall have no obligation to provide you with the products at the incorrectly stated lower price (even if we have already sent you the Shipping Confirmation) if the pricing error was obvious and unmistakable and, therefore, if it was reasonably possible for you to identify it as incorrect.
Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.
Hilura expressly reserves the right to modify without prior notice both the prices and the commercial offers presented on our website regarding products, promotions and other commercial and service conditions at any time. As a user you should check the conditions of the offer before requesting any product or service.
In the case of import taxes and/or customs formalities, these expenses shall be borne by the buyer. The taxes applied will always be in accordance with current legislation.
We work with an external payment platform that allows you to use Visa, Mastercard, American Express, among others, through a secure connection and in which your card details cannot be read by third parties.
In the event of an improper or fraudulent charge to the payment method, Hilura must be notified as soon as possible so that Hilura can take the appropriate steps. Failure to notify Hilura within 24 hours will exonerate Hilura from any liability for the refund.
4.Cancellation, exchange and return policy
Hilura’s online store operates with the following return and exchange policy. This policy can only be applied to a product purchased from Hilura’s online store.
No returns or exchanges will be accepted when products are custom made to order or custom made to Customer’s specifications or indications or clearly personalized.
Cancellation
Hilura guarantees its customers the possibility to cancel their order from stock at any time and free of charge provided that the cancellation is communicated before the order has been prepared and made available to the carrier for shipment, with the exception of items ordered to order.
Right to withdraw
Your right to withdraw from the contract shall apply only to those products that are returned in the same condition in which they were received. No refund will be made for products that are not in the same condition in which they were delivered or that have suffered any damage. After examining the item we will let you know if you are entitled to a refund. The refund will be made as soon as possible and in any case within 14 days from the date on which you informed us of your intention to withdraw.
Right of withdrawal according to the provisions of Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
However, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first. The refund will always be made in the same payment method you used to pay for the purchase. If you have any questions, you can contact us through our contact channels.
Returns of defective or damaged products
In cases where you consider that at the time of delivery the product does not conform to the contract you must contact us within a maximum period of 48 hours from delivery through our contact channels providing the details of the product and the damage it suffers.
We will carefully examine the returned product and will inform you by e-mail within a reasonable period of time whether a refund or replacement (if applicable) is appropriate. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.
The amounts paid for those products that are returned because of a defect or defect, when it really exists, will be refunded in full. The refund will be made in the same payment method used to pay for the purchase.
Please, in case of acceptance, return the item using or including all its original packaging, instructions and other documents that may accompany it. You must contact us through our customer service channels so that we can arrange for pickup at your home address. You must deliver the goods in the same package in which you received them. Please note that the transport derived from the resolution may have an additional cost, so we will be authorized to charge you the corresponding costs. In any case, the rights and actions recognized by the legislation in force remain unaffected.
Product warranty
We offer warranties on the products we sell through this website in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from delivery of the product.
It is understood that the products are in conformity with the contract provided that:
-They fit the description made by us and possess the qualities that we have presented in this web page.
-Are suitable for the uses to which products of the same type are ordinarily destined.
-They have the usual quality and performance of a product of the same type that can be reasonably expected.
The products we sell, poufs, cushions, are made one by one, controlling at all times the production process. They are handcrafted products that may present variations, such as variations in the colors of the fabrics, in the texture or in the exact case of the upholstery, they will not be considered as defects or flaws. On the contrary, they should be expected and appreciated. We work with the highest quality but intrinsic characteristics of fabrics, fillings and foams are unavoidable and must be accepted as part of the individual appearance of the product.
Assignment of rights and obligations
The contract is binding on both you and us, as well as our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer a contract or any of your rights or obligations under it without our prior written consent.
We may convey, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law, nor will they void, reduce or otherwise limit any express or implied warranties that we may have given you.
Intellectual and industrial property rights
The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, designs, logos, text and graphics, is the property of Hilura. All the contents of our website are duly protected by the intellectual and industrial property regulations, as well as registered in the corresponding public registers. Regardless of the purpose for which they were intended, the total or partial reproduction, use, exploitation, distribution and commercialization, requires in any case prior written authorization. Any use not previously authorized is considered a serious breach of the author’s intellectual or industrial property rights.
Events beyond our control
We shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond our reasonable control (“Force Majeure Cause”).
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control.