General Conditions
1- OWNERSHIP
These General Conditions of Use (hereinafter, the “General Conditions”) regulate the use and service of the website www.hiperstork.com (hereinafter the “Website”) which, in accordance with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we inform you that it is the property of Hiperstork (hereinafter, Hiperstork).
The contact email address is info@hiperstork.com
The contact number is (+34) 622 480 151
2- OBJECT
The use of the website confers the status of user thereof. Consequently, prior to using the service, the User must carefully read the General Conditions and the Personal Data Protection Policy and Cookies Policy.
The products offered are distributed in mainland Spain and the Balearic Islands.
Reading and accepting these Terms and Conditions of Service is a necessary condition for using the Website and regulates the relationship between the user (hereinafter, "the User") and Hiperstork.
Use of the Website implies full acceptance of the provisions included in this Notice in the version published by Hiperstork at the time the User accesses it.
Please remember that if you do not agree with the conditions set out in this document, you should not continue browsing or accessing the contents of the website and that, in any case, accessing the website implies acceptance of the aforementioned conditions.
The purpose of the Website is to manage a publicly accessible online store where any user can make an online retail purchase of products for babies, children and pregnancy-related products.
3- USER ACCEPTANCE
Any person who uses this Website and gives his or her consent to the General Conditions of the Website shall be a User of this Website.
User registration implies full and unreserved acceptance by the registered User of these General Conditions, including the Privacy Policy, as well as all notices, rules of use and instructions made known to registered Users, and which complete or modify the provisions of these General Conditions.
These General Conditions establish the rules for registration and use of the Web.
Access to and use of the website, its contents and its Services grants the user the status of User and implies ACCEPTANCE OF THESE GENERAL CONDITIONS OF ACCESS AND USE of the website, applicable in the version published at the time the User accesses it and/or, where applicable, when registering and/or requesting the provision of certain services, which the User declares to HAVE READ, UNDERSTOOD AND ACCEPTED IN FULL AND WITHOUT RESERVATIONS, when accessing it and/or, where applicable, when registering and/or requesting the provision of certain services.
By making the products available in the online shop, Hiperstork does not make a binding offer to conclude a contract for these products. The offer to conclude a purchase contract is made by the user, as a customer, by clicking on the order button in the final step of the ordering process for the products contained in the shopping cart.
To do this, you are presented with a confirmation window with your order details before completing the ordering process, allowing you to check and correct your entries before clicking the order button.
Immediately after placing your order, you will receive an email confirmation (order confirmation), which does not represent acceptance of the offer.
The contract is concluded when Hiperstork accepts the offer, either by sending the goods or by sending an email expressly agreeing to conclude the purchase contract. This also applies if the user, due to the chosen payment method, has already paid the purchase price before the conclusion of the contract or has authorized payment. If, in this case, we are unable to accept an order due to unavailability of goods or if the contract is not concluded for other reasons, we will of course refund the advance payment immediately.
4- USER REGISTRATION
Hiperstork makes the use of some of the services conditional on the prior completion of the corresponding User registration, which must include at least the information marked as essential. Users who register agree to access and use the website or application, its Content and Services, in accordance with the law, morality and these Terms and Conditions, in a correct and diligent manner, and their use for commercial or illegal purposes is prohibited.
The User is responsible for maintaining the confidentiality of his/her password, as well as for all activities that occur during the session logged in with his/her username and password. The User agrees to notify Hiperstork as soon as possible of any unauthorized use of his/her username and password or any other security breach. Hiperstork shall not be liable for any damages or losses that may arise due to failure to comply with this obligation on his/her part.
You can modify your user registration data at any time, or request a reminder of your password if you have forgotten it.
The User declares that all the data provided by him/her are true and correct, and undertakes to inform Hiperstork of any changes to his/her data. The User shall be responsible for the veracity of the data in accordance with the terms set out in the Privacy Policy.
By using the registration function through Facebook or other social networks that allow it, you expressly authorize that your data may be used to provide the requested services.
Only Users of legal age may register.
The User undertakes to use the Hiperstork service in good faith, diligently and appropriately, without engaging in activities that may be considered illicit or illegal, that infringe the rights of the service provider or third parties, complying at all times with the rules of good behaviour on the network and with the acceptable use policies of the networks frequented, not making fraudulent use of the information or content contained therein.
5- INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website in its entirety, including without exception its design, structure and distribution, texts and content, logos, buttons, images, drawings, brands, trade names, source code, as well as all intellectual and industrial property rights and any other distinctive sign, belong to or are assigned to Hiperstork or, where applicable, to the natural or legal persons who appear as authors or holders of the rights, or to their licensors. For these purposes, the elements and/or content that make up the website are understood to be its format, text, navigation structure, scripts, the selection, arrangement and design of the content, the services, the creative and original elements, the images, the databases, the software, the source code, the brands, the logos, the distinctive signs, the advertising materials (hereinafter the Contents).
Consequently, any act that involves the provision, reproduction, distribution, public communication, interactive provision, transformation and reverse engineering of the elements that make up the website to create new content, services, databases with the information obtained from the website without the prior written consent of Hiperstork is prohibited. Likewise, any action that involves the User using the Contents of the website for a business purpose for their own benefit and/or that of third parties, directly or indirectly, and the use of any technological device, technical resource or any other nature that allows the User and/or third parties to benefit from the unauthorized economic exploitation of the protected Contents of the website is prohibited.
Hiperstork does not guarantee the suitability of the information, its continuous availability, the absence of defects, errors or viruses, or the obtaining of a specific result with its use.
Hiperstork shall not assume any liability for intellectual or industrial property rights owned by third parties that are infringed by a user. If Hiperstork becomes aware that the User is infringing current legislation, it will immediately proceed to cancel the User's account.
Hiperstork reserves the right to remove from the Website any content that does not comply with this legal notice.
When Users voluntarily submit comments and/or opinions regarding the use of the website and its Services, they acknowledge that they are the legitimate owners and authors of said information and grant Hiperstork a free, non-exclusive, transferable license, worldwide, for the maximum period established by law and for all means of dissemination existing at the time, for the purpose of disseminating, publishing, reproducing, distributing, hosting, publicly communicating, editing, transforming in whole or in part, making them available to other Users, modifying and replicating them by Hiperstork and/or other Users.
Hiperstork reserves the right to: block, not make accessible, remove information, images, content/comments/expressions published and/or made available on the website by Users and to temporarily suspend their account and access to associated services; to close the account and delete it, when the law or these conditions are breached, in order to keep the website or application secure, without prior notice and without the right to compensation and/or payment of any financial amount.
Hiperstork assumes no liability in relation to and over any personal information of the User or a third party that the User voluntarily decides to publish and make accessible to other Users. The User shall be solely responsible for any claim by third parties in relation to the information published on the website and/or application or through the Services for Registered Users.
6- COMMERCIAL CONDITIONS, PAYMENT METHODS AND WITHDRAWAL
Validation of an order by a customer expressly implies knowledge and acceptance of these general conditions.
Products sold on the Web are subject to the same guarantees as products sold in commercial establishments.
The colours and details of the products on the website may vary depending on the monitor used to view them, so Hiperstork cannot guarantee that they are faithful to reality.
Your personal data will be processed in accordance with EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
All prices appearing on the Web include VAT.
Hiperstork reserves the right to vary the type of delivery and transport company, provided that this does not cause any disadvantage to the customer. Delivery is made to the delivery address specified by the customer in the order. If possible, you will receive your order in a single shipment. If for technical or logistical reasons (for example, if your order contains items that must be packaged separately or transported differently) a separate shipment is necessary, you will not incur any additional costs.
The delivery time for orders will be as indicated on the same website, during the purchasing process.
Payment methods on the Web will be through credit card or PAYPAL. Hiperstork guarantees that transactions made on the Web are secure and that credit card data is not recorded without the user's authorization.
To use the payment features, the user must be of legal age.
The payment currency will be EURO.
Withdrawal:
Right of withdrawal for consumers and users
You have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, acquired physical possession of the last of these goods.
To exercise the right of withdrawal, you must notify us: Hiperstork, tel. (+34) 622 480 151 and e-mail: info@hiperstork.com, of your decision to withdraw from the contract by means of an unequivocal declaration (for example, a letter sent by post, fax or e-mail). To comply with the withdrawal period, it is sufficient for the communication regarding the exercise of this right by you to be sent before the relevant period expires.
Consequences of withdrawal
In the event of withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will make such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any costs as a result of the reimbursement.
We will collect the goods and bear the costs of returning the goods.
In the event that the product is not returned in its original packaging, in the same condition in which it was received and without any manipulation other than that necessary to establish the nature, characteristics and functioning of the goods, the seller may hold the consumer liable for its loss in value and decide what part of the amount to return, only after having carried out an individual assessment of each product.
Model withdrawal form
(You should only complete and send this form if you wish to withdraw from the contract)
– To the attention of Hiperstork, Tel. (+34) 622 480 151 and E-mail: info@hiperstork.com
– I hereby inform you that I am withdrawing from my contract of sale of the following property
– Ordered on/received on (*)
– Name of the consumer and user or of the consumers and users
– Address of the consumer and user or of the consumers and users
– Signature of the consumer and user or of the consumers and users (only if this form is submitted in paper form)
- Date
(*) Indicate information/Delete what is not applicable.
7- LIABILITY FOR DAMAGES AND PREJUDICES
The User shall be liable for any damages that may be caused to Hiperstork due to non-compliance and failure to observe the instructions and General Conditions of use of the service when there has been fraud, fault or negligence.
Hiperstork excludes, to the fullest extent permitted by law, any liability for damages of any kind that may arise from unauthorized third parties' knowledge of the type, conditions, characteristics and circumstances of the use that users make of the Website.
8- CHANGE OF REGULATIONS
Hiperstork reserves the right to modify these General Conditions in order to adapt them to new legislation or jurisprudence, as well as for strategic corporate reasons.
9- PROTECTION OF PERSONAL DATA
For the provision and use of Hiperstork's services, the User may previously provide certain personal data. Hiperstork will automatically process said Personal Data for the purposes and in accordance with the conditions established in the Privacy Policy, published on the Website.
Hiperstork has adopted and implemented all necessary technical and organisational measures to ensure the security of personal data and to prevent its alteration, loss, processing or unauthorised access. However, the User is aware that Hiperstork cannot guarantee absolute security of the same, as any security measure on the Internet is relatively fragile, and therefore Hiperstork is not responsible for any damage and/or loss and/or profits lost by the User or any other third party who is harmed in this regard.
It is possible that, due to the provision of a service to Hiperstork, third-party companies may have access to personal information or other additional information that does not allow identification, such as platforms that allow the integration of the store, marketing agencies, analytical service providers, market research providers, to measure the success of the store both in terms of positioning and user behavior.
To improve services and personalization, we may periodically obtain information about you from other independent third-party sources from which we have legally obtained this information, adding it to the information that appears in your registry. It is important that you carefully read the legal notices regarding what type of information these third parties, such as Facebook, can share with their partners, developers and what information is public and accessible to everyone.
If you log in to our account using your Facebook ID or similar systems, we may be required by those systems to provide them with some or all of your registration information. We will only do this in accordance with our Privacy Policy, but we cannot control how the third party uses the information. If you have any questions about the third party's Privacy Policy, you should review it before providing the information to us.
10- APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These general conditions shall be governed by Spanish law.
For any litigation or matter concerning the Hiperstork website, Spanish legislation will apply, and the Courts and Tribunals of Barcelona will be competent to resolve all conflicts arising from or related to the use of this website.