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General Terms and Conditions of Sale
These General Terms of Sale (the "Terms") apply to the sale of all HANEK products.
Please read these terms carefully before placing your order with Tesys Activos Digitales S.L. ("HANEK".) By placing your order, you agree to accept these terms and conditions.
1. General terms and conditions
Registering at HANEK is free. You will have access to your personal data with a password and you will be able to change the data at any time.
You are not required to register and can unsubscribe at any time.
The information we receive when you register is completely confidential and only HANEK will have access to the data and will be subject to our privacy policy.
2. Pre-registration information
These general contracting conditions along, if applicable, with the particular conditions that may be established, will expressly regulate the relations that arise between Tesys Activos Digitales S.L., with registered office at c/ Diputacion 37 2A (Local CAD) 08015 Barcelona (Spain), with N.I.F. number B67376962, registered in the Barcelona Mercantile Registry, in volume 46779, sheet 78, page 530647 and the Clients that contract the Products offered through the website:
https://hanekco.com
These General Terms have been established in accordance with the provisions of Spanish law, specifically Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November, Law 7/1996 on the Regulation of Retail Trade, Law 59/2003, of 19 December, on electronic signatures and any other legal provisions that may be applicable.
The use and/or acquisition of the HANEK products, whose characteristics are described on the HANEK website, hereinafter referred to as the "Products", implies the acceptance as a Client, without reservations of any kind, of each and every one of the present General Terms, as well as of the Particular Terms that, if applicable, regulate the acquisition.
HANEK informs that the procedures for the acquisition of the Products are those described in these General Terms, as well as any other specific ones that are indicated on the screen while browsing our website, so that the Client declares to know and accept these procedures as necessary to access the Products offered on the website.
Any modification and/or correction of the data provided by the Customers during browsing is possible and must be made according to the indications included in the website.
The Products offered on the website, along with their characteristics and price, will appear on the screen. We try to show the physical characteristics of the Products as accurately as possible, but it should be taken into account that the quality, configuration and resolution of the computer monitor may influence the perception of colours, so there may be some slight difference in colour between the real product and the one reflected on the screen.
The Products offered in the LEFTOVERS section are products that we have used in showrooms, prototypes or products that have been returned, that have some defect or are slightly damaged, that are sold at a lower price with the discounts that are announced on the screen. To the LEFTOVERS Products we apply the same conditions of sale as to any other Product, including the right of withdrawal and the after-sales guarantee, in this case in the terms foreseen in condition 7. However, the LEFTOVERS Products are unique and we cannot replace them, so in case of return we will refund the price of the product in the terms foreseen in condition 6.2.
CUSTOMIZED products are products that have been manufactured especially for you, following the specifications you have indicated. The same conditions of sale apply to the CUSTOMIZED Products as to any other Product, excluding the right of withdrawal provided for in condition 6, since the CUSTOMIZED Products are unique and therefore we cannot replace them, nor sell them to another customer. On the contrary, the after-sales guarantee will be applicable in the event that the product delivered is defective or non-conforming, under the terms set out in condition 7.
While we strive to ensure that the information on our website is complete, occasionally the packaging and materials of the Products may contain additional or different information from that shown on our website. Components may also change. We recommend that you not only read the information available on our website but also carefully read the labeling, warnings and instructions that are provided with the product before use.
HANEK reserves the right to decide at any time which Products are offered to Customers through its website. Thus, HANEK may at any time include new products or modify those included in the website, assuming, unless stated otherwise, that such Products shall be regulated by the provisions of the General Terms and Conditions applicable at that time. Likewise, HANEK reserves the right to cease providing access, at any time and without prior notice, to any of the Products offered on the website.
3. Shopping procedure
3.1. Registration
For the acquisition of the Products, HANEK can request that you sign up, for which you must be of legal age (18 years), and you must fill out the forms that appear on screen and specifically: (i) complete the electronic form that appears on the website at any time, following the instructions indicated therein; (ii) click on the icon/button "ACCEPT PRIVACY POLICY"; and (iii) receive the registration confirmation in your email account.
The username and password provided to HANEK are identifying and enabling elements to access and make the purchase and are personal and non-transferable. The username cannot be modified, but the password can be, which means that the modified passwords will lose their validity.
3.2. Order fulfilment
Once you have registered, and in order to proceed with the purchase of any of the Products, you must follow the instructions on the screen, completing the order form provided for this purpose, which implies the reading and irrevocable acceptance of each and every one of these General Terms, as well as, if applicable, the existing Special Terms.
When you place your order, we will send you an email to confirm the receipt of your order. You may, however, modify your order before it enters the shipping process.
We only sell products in quantities corresponding to the typical needs of an average family household. This applies both to the number of products ordered in a single order and to the case where the customer chooses to place several orders for the same product and these individual orders comprise the typical quantities needed to cover the needs of an average family household.
4. Shipping and delivery
4.1. Shipping cost: the cost of transportation of the Product to your home depends on the quantity, weight and shipping area. It will be identified on the website at the time of confirming the purchase of the Product.
For regions located outside peninsular Spain, local taxes and customs duties are not included.
4.2. Delivery: HANEK commits to deliver the Product you have purchased as soon as possible to the address you have indicated in the order form. The delivery time shall be indicated in the purchase confirmation email provided in section 3.2. of these General Terms.
All our Products leave our facilities with the packaging in perfect condition. You should always check that the goods are delivered in perfect condition. If it is not the case, the carrier will accept the receipt of the product and it is recommended that you indicate "damaged packaging" or similar on the delivery note.
Notification of incidents within 48 hours of receipt of the order: it is essential that you keep the original packaging and take photographs of how the product has arrived at your home, both the packaging and the product. If you inform us of the incident through the e-mail hello@hanekco.com within 48 hours after the reception of the Product, HANEK will be able to claim to the insurance of the transport company. This way, once the incident has been resolved with the insurance company, we will be able to send you a new Product and remove the damaged one.
Notification of incidents after 48 hours from receipt of the order: it is also essential that you keep the original packaging and take photographs of how the Product arrived at your home, both of the packaging and of the product. If you notify us of the incident by e-mail hello@hanekco.com after 48 hours from the receipt of the Product, HANEK will not be able to claim to the insurance of the transport company, so we can proceed to the withdrawal of the Product for a review of the incident in our facilities. In any case, HANEK may freely choose not to collect the Product and return the Price to you, nor to send the Product back to you and remove the damaged one.
4.3 Delivery times: the delivery times of the Products, in business days, are those that will be confirmed in the confirmation message of receipt of your order, except for shipping problems beyond the control of HANEK.
HANEK will make their best efforts to ensure that these deadlines are met, but any delay due to transport problems beyond the control of HANEK will not imply cancellation of the order or any compensation.
4.4. Deliveries outside the EU territory: when you place an order to be delivered in a country or territory not belonging to the European Union, you may have to pay import duties and taxes upon arrival at the destination. The reason for this is that you will be considered as the importer of the Products, so you will have to comply with all the laws and regulations applicable in your country. Orders destined for the Canary Islands, Ceuta and Melilla are subject to local customs procedures.
Any additional expenses due to the payment of customs duties and/or taxes will be your responsibility. HANEK has no control over such expenses and therefore it is not possible to anticipate their amount. As customs policies vary significantly from country to country, we advise you to contact the relevant customs office for information on import restrictions that apply to certain products. We are not responsible for customs holds. In the event that you do not pay the appropriate import duties, the goods may be held at customs. In this case no returns will be accepted.
5. Price and payment method
5.1. Price: The valid purchase prices at the time the order is placed are displayed on the screen. The prices will indicate the Value Added Tax (VAT).
However, purchases made by residents in non-EU countries will be exempt from payment of VAT and subject to payment of the corresponding import tax. The costs of customs clearance and import taxes are not included in the price of the Product or in the shipping price and therefore must be paid at the destination.
Due to their special tax regime, the geographical areas corresponding to the Canary Islands, Ceuta and Melilla are considered for these purposes.
In general, any tax, fee, tribute and brokerage that is due as a result of the sale of the Product, as well as any other expenses arising from the same, will be on your account.
The shipping costs that will appear on screen will be on your account and will correspond to the rates set by the shipping agency hired at the time, and will depend on the destination and weight of the shipment.
Prices are shown in EUROS, and will be invoiced and charged in this currency.
5.2. Method of payment: when you add the Product to the 'Shopping Cart' on the screen, the amount of that product will appear with and without VAT or, if the purchase is exempt from that tax, that exemption will be automatically considered from the personal data entered by you, once you have confirmed the order. The payment of the purchase price and shipping costs, which will appear on the screen, can be made either by credit or debit card, or PayPal. To proceed with the payment, you must follow each and every one of the instructions that appear on the screen, providing the following information, in the case of payment by credit or debit card: a) type of card; b) name and surname of the holder; c) card number; c) expiration date; d) as well as any other required on screen.
As an electronic payment system HANEK has installed an electronic commerce payment platform that it has arranged with a bank. All the data provided for this purpose are encrypted to guarantee maximum security.
5.3. SSL Protocol: The browsing and purchase process on the website are made through the SSL protocol, thus providing both the client and HANEK with the highest standards in confidentiality and security in communications.
This protocol is universally supported by the main browsers and guarantees (i) the identity of the recipient of your data (no impersonation of the seller), (ii) the confidentiality of the information provided and (iii) the integrity (no manipulation) of the information provided.
Likewise, HANEK states that under no circumstances does it store the data provided by the users through the payment platform, and that they are only kept while the purchase is made, the payment is made and until the withdrawal period has elapsed. In order to provide additional security to credit card owners, a three-digit number has been included on your cards that serves as an identification code to verify the physical presence of the card during transactions over the Internet. This three-digit number is printed on the back of your card (in the signature area), immediately following the card number. In order to prevent fraudulent credit card transactions, these check digits will be requested to validate the transaction.
5.4. Invoice: HANEK will issue an invoice for each shipment, which will be provided in electronic format and sent to the email address you have provided.
6. Right of Withdrawal
6.1. How to do this: You may cancel your order without reason within 14 calendar days from the day you receive the Products you have purchased (or from the last Product, component or part in the case of delivery of a Product composed of multiple components or parts). This right does not apply if the Product has been manufactured according to the specifications you have supplied to us and is therefore a customised Product.
For this purpose, you must inform us of your decision to cancel your order. You must send your request to the following email address:
hello@hanekco.com
For this purpose you can use the WITHDRAWAL FORM, which you will find at the end of these Conditions.
HANEK will confirm the receipt of the request and the details of how to proceed with the return by written notice. It will be necessary for you to send your communication before the end of the 14-day withdrawal period and return the item as indicated by us to you by e-mail.
HANEK will not become the owner of the returned product until it is received at the return address.
6.2. Effects of the withdrawal: HANEK will refund the price of the product and the ordinary shipping costs corresponding to the cheapest shipping option that we offer, within the period indicated below, subject to the conditions, which are described below:
a) You must return the Products according to our written instructions within 14 days from the day you inform us of your withdrawal, unless we offer to collect the Products from the place you indicate.
b) If you choose a delivery method other than the cheapest option we offer, HANEK shall not be under any obligation to reimburse any additional costs incurred as a result.
c) HANEK will verify the condition of the returned Products. If the Product has not been unsealed and retains its original packaging, or if the Product being returned is in its original open packaging, removed from the packaging or unpacked, assembled or used, but is in perfect condition, HANEK will refund the purchase price of the product and any shipping costs, within five (5) working days of receipt. In the event that HANEK offers to collect the Product, in any case the refund of the purchase amount must be made within fourteen (14) calendar days from the date of communication of your decision to withdraw.
If, on the other hand, the Products to be returned have been handled in such a way that they have suffered any kind of damage that diminishes their value, due to the fact that they have been handled in a way other than that necessary to check the nature, characteristics and/or operation of the Products, this will mean that in such cases the right of withdrawal cannot be accepted.
d) HANEK will use the same payment methods that you would have used for the initial purchase, unless expressly agreed otherwise. In any case, you will not bear any additional charges that may arise from such reimbursement. We may withhold the refund until we have received the items returned by you or until you provide us with proof that you have returned the items, whichever comes first.
7. After-sales guarantee
In addition to your legal rights of withdrawal, if you are a customer in the European Union (except the United Kingdom) you will have an after-sales warranty, of two years from the date of delivery of the Product, for the repair or replacement of products purchased from HANEK if they are defective or do not conform to the advertisements on our website. Defects caused to the Products by negligence, impact, improper use or handling, incorrect installation or materials subject to wear and tear out of normal use are not covered by this warranty. Neither will be covered by this guarantee the defects or damages to the LEFTOVER Products, which are explained on the screen and of which you are therefore informed at the time of purchase.
If the Products have any manufacturing flaws, you will have the right to demand their replacement or repair from HANEK, unless one of these two options is objectively impossible or disproportionate. You must inform us of the defect you have noticed within two months of the time you notice it. From the moment you inform us of the option you have chosen, we will comply with it. Any option that would have unreasonable costs for HANEK, taking into account the value of the Product, will be considered disproportionate.
Repair or replacement shall be free of charge to you and shall be carried out within a reasonable period of time.
In the case of the LEFTOVER Products, given that they are unique Products, the replacement will not be free of charge, as it can only be done with a new Product, in which case you must give us your agreement before proceeding with the replacement, as you will have to pay HANEK the difference in price between the amount you have paid for the LEFTOVER Product and the sales price of the same new Product.
The price reduction and the cancellation of the contract will proceed, at your choice, when the repair or the replacement of the Product is not possible or when these have not been carried out within a reasonable period or without major inconvenience for the consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.
The price will be reduced in proportion to the difference between the value that the Product would have had at the time of delivery if it had been in conformity with the contract and the value that the actually delivered product had at the time of delivery.
For the use of this guarantee, you must contact HANEK through the email hello@hanekco.com, indicating the following data: reference number of the order, description of the Product, description of the problem that the Product has and attach pictures, in case of visible defects.
8. Our responsibility
HANEK will not be responsible for:
- Losses not attributable to any failure on your part;
- Indirect or consequential losses which were not reasonably foreseeable by both parties at the time when the contract for the sale of the Products was concluded between them.
Nothing in these Terms limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct.
HANEK shall not be liable for any delay or failure to comply with its responsibilities under these Terms if such delay or failure is attributable to circumstances beyond our reasonable control.
This provision does not affect your right to receive the product within a reasonable time. If the delay occurs prior to the dispatch of the Product, HANEK will not charge you any amount for the Product until the Product has been dispatched to you, in which case you may cancel the order at any time prior to such dispatch.
9. Legal framework
These conditions shall be regulated and interpreted in accordance with Spanish law, expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods.
Both parties agree to comply with the non-exclusive jurisdiction of the courts of Barcelona (Spain). If you are a consumer and have your habitual residence in the European Union, you will also be protected by any mandatory provisions of the law of your country of residence.
The European Commission offers a platform for alternative dispute resolution, which you can access here:
https://ec.europa.eu/consumers/odr/
10. Modification of the terms of sale
We reserve the right to make changes to our website, our policies and these Terms of Sale at any time.
You will be bound by the terms and conditions, policies and Terms of Sale in effect at the time you place your order, unless, by law or public authority, a change to those terms and conditions, policies or these Terms of Sale is required (in which case, such changes may be applicable to any orders you have previously placed).
If any of these terms and conditions is declared invalid, void or for any reason ineffective, that condition shall be deemed to be excluded without such declaration affecting the validity and enforceability of the remaining conditions.
11. Cancellation
If you do not comply with these Conditions, and even if HANEK may decide not to exercise any of its rights at that time, HANEK may use such rights and actions on any other occasion where you may not comply with these Terms of Sale.
12. Our contact information
Our contact information is below:
Tesys Activos Digitales S.L.
C/ Diputacion 37 2A (Local CAD)
08015 Barcelona (Spain)
e-mail: hello@hanekco.com
13. Language
In case of discrepancy between the Spanish version of this text and other existing versions on our website, the Spanish version will prevail.
Withdrawal form template
(you only need to fill in and send this form if you wish to withdraw from the contract)
To the attention of Tesys Activos Digitales S.L.
C/ Diputacion 37 2A (Local CAD)
08015 Barcelona (Spain)
hello@hanekco.com
I/We hereby inform you (*) that I/we withdraw from our (*) contract of sale of the Product ________________ with the following data:
- Ordered on/received on (*): ______________
- Reference number: ________________
- Name of the consumer and user or consumers and users: _____________
- Consumer and user's or consumers and users' address: ______________
- Signature of consumer and user or consumers and users (only if this form is submitted on paper)
- Date: ________________
