Términos y condiciones de contratación

GENERAL CONTRACTING CONDITIONS​

GENERAL CONTRACTING CONDITIONS - PRODUCTS FROM WWW.HIBUYMARKET.COM

Information prior to the contractual process

This website WWW.HIBUYMARKET.COM is owned by HIBUY SC with NIF J88345392 and fiscal address at AVENIDA MONASTERIO DE SILOS 80, PORTAL A, PISO 2, PUERTA 4,28049 MADRID(MADRID).

The General Conditions of Contract regulate the distance selling relationship between HIBUY SC and the user or client, in accordance with the legal stipulations, in particular, Law 7/1998, of April 13, on General Conditions of Contract, Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, General Data Protection Regulation (EU) 2016/679, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

HIBUY SC reserves the right to make any changes it deems appropriate to the General Conditions without prior notice. Such changes may be made through its websites by any legally admissible means and will be binding for as long as they are published on the website and until they are validly modified by subsequent changes. However, HIBUY SC reserves the right to apply, in certain cases, Specific Contract Conditions in preference to these General Conditions when it deems appropriate, announcing them in a timely manner. The changes referred to in this section will not affect contracts entered into prior to the date of publication.

The purpose of the website is the sale of sustainable clothing.

The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.

As a clothing sales user at Hibuy SC, the company reserves the right that if a garment has not been sold within 1 year, it will be automatically donated by the Hibuy SC team.

Hibuy SC reserves the right to modify the price of items offered for sale if it believes that they have not sold after a reasonable period of time. This will have a direct impact on the customer's final commission, which will be adjusted accordingly. This will be done at the team's discretion and without prior notice to the customer.

As a user or customer, you expressly declare that you know, understand, and accept the terms of use and these general terms and conditions. You also declare that you are of legal age or an emancipated minor, and that you have the legal capacity and authority to access the HIBUY SC websites and enter into contracts through them.

The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/

To purchase our products, you can go to the corresponding section of our online store.

You can register as a website user to make an online purchase in the corresponding section of the website. In accordance with applicable data protection regulations, HIBUY SC informs users that the personal data collected during the registration process and subsequent purchase will be incorporated into the processing system owned by HIBUY SC for the purpose of processing these actions by the user and managing subsequent actions arising from them.

In accordance with the rights granted to you by current data protection regulations, you may exercise your rights of access, rectification, restriction of processing, erasure, portability, and objection to the processing of your personal data, as well as the consent given for the processing thereof, by directing your request to the address mentioned above or to the email address info@hibuymarket.com. You may contact the competent Supervisory Authority to file any complaint you deem appropriate.

Once the purchase process is complete, the customer will receive confirmation via email. It is essential that the user provide a valid email address during the purchase process. If you do not receive confirmation within 24 hours of placing your order, please contact HIBUY SC at info@hibuymarket.com.

All content on the website is in Spanish.

Upon receiving the product at the delivery address provided, the customer will receive an invoice or copy of the order. Offer and validity

In the case of a product on sale, the sale price and validity period will always be indicated along with its essential characteristics.

In compliance with current regulations, HIBUY SC provides information on all items for sale, their features, and prices. However, HIBUY SC reserves the right to withdraw, replace, or change the products offered through its website by simply changing the content. Therefore, the products offered at any given time on the website will be governed by the General Terms and Conditions in force in each case. Furthermore, the company has the right to stop offering access to the aforementioned products at any time and without prior notice.

Essential characteristics of the products

The products offered in our online store include a photograph and their essential characteristics. The product characteristics must provide as much information as possible about the product.

Guarantees

HIBUY SC is liable for any non-conformity of all products offered on the website for a period of three years from delivery.

The customer shall have the right to a remedy for the purchased item within three years of purchase and under the conditions and with the means of proof regulated in the Consolidated Text of the General Law for the Defense of Consumers and Users, without prejudice to HIBUY SC's powers to verify the veracity of the defects, their origin, and the time of their appearance.

Responsibilities

All Seller Users will be fully responsible for the authenticity of the brand of the product offered to HIBUY SC, and may not provide counterfeit items or infringe intellectual property rights. HIBUY SC acts as a mere intermediary between Buyers and Sellers, so in the event that the User does not comply with or infringes these Conditions with regard to intellectual property and counterfeiting, the User acknowledges and accepts that they will be solely responsible, exonerating HIBUY SC from any liability for any damages that the Buyer Users and/or third parties may suffer in relation to said item.

In the event of a lost clothing package, Hibuy's compensation is 6 euros per kilometer of weight, up to the maximum Hibuy shipping allowance of 10 kilometer. For example, if a box weighed 5 kilometer, the compensation would be 5 x 6 euros = 30 euros.

Prices

All products are priced in euros and include Value Added Tax (VAT). If any other tax is applicable, it will be indicated accordingly (IGIC or IPSI).

Delivery and transport costs HIBUY SC ships to:

-Peninsula

-Balearics

HIBUY SC will charge, as shipping costs, with the courier company Correos or Inpost.

HIBUY SC is not responsible for any customs charges. In-store pickup is also available.

Payment methods

Customers may pay for their order using any of the following methods. During the checkout process, they must indicate their choice:

VISA or MASTERCARD credit card

All transactions involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology. All information you transmit to us travels encrypted over the network.

Likewise, your credit card details are entered directly into the bank's website, in the POS (Bank Point of Sale Terminal) and are not entered or recorded on any HIBUY SC server.

When paying by VISA or MASTERCARD, you will always be asked for the following information: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD. This provides additional security for your transaction.

This payment method is valid only on the website.

When the amount of a purchase has been charged fraudulently or improperly using a payment card number, the cardholder may demand immediate cancellation of the charge. In such cases, the corresponding debit and credit entries in the accounts of the supplier and the cardholder will be made as soon as possible.

However, if the purchase was actually made by the cardholder and the refund request was not a result of exercising the right of withdrawal or termination and, therefore, the cardholder had improperly requested the cancellation of the corresponding charge, the cardholder will be obligated to HIBUY SC to compensate for the damages caused as a result of said cancellation.

Order execution

HIBUY SC undertakes to deliver the order within the next 5 days from the moment you receive the order confirmation email, provided there is no delay due to the courier itself.

The availability of products offered by HIBUY SC may vary depending on customer demand. Although HIBUY SC updates its stock periodically, the product requested by the customer may be out of stock at that time.

In the event of non-fulfillment due to unavailability, HIBUY SC will proceed as follows: The buyer will be notified of the lack of stock of the product and the expected execution of the order.

Right of withdrawal

The buyer will have a period of fourteen calendar days to withdraw, starting from the day the customer purchases the product, without penalty and without stating the reasons.

The customer must return the products subject to withdrawal without undue delay and in any case no later than 14 calendar days from the date on which their decision to withdraw is communicated.

The refund of the amount corresponding to the withdrawal will be made within a period of 14 calendar days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated and provided that the goods or products subject to withdrawal have been previously received. Otherwise, the disbursement may be withheld until receipt of said goods or until the Customer proves the return of the goods.

The user is informed that he or she will only be liable for any decrease in the value of the goods resulting from handling them other than that necessary to establish their nature, characteristics, or functioning.

The exercise of the right of withdrawal must be made by notification through communication to the email info@hibuymarket.com, sending your letter to our postal address AVENIDA MONASTERIO DE SILOS 80, PORTAL A, PISO 2, PUERTA 4,28049

MADRID (MADRID), or through the withdrawal form .

The return

The customer must return or deliver the product directly to HIBUY SC, at CALLE ALTAMIRANO 37, LOCAL 28008 MADRID, without undue delay, and in any case within a maximum period of fourteen calendar days from the date on which the right to withdraw from the contract is formalized. The deadline will be deemed to have been met if the customer returns the product before the end of the deadline.

The customer will be responsible for the costs of returning the product. Payment refund

Refunds of amounts paid by the customer will be made using the same payment methods used by the customer, unless otherwise agreed.

HIBUY SC will refund the amounts paid by the customer within 14 calendar days from the date of receipt of the right of withdrawal.

Return of defective product

If the product is not in good condition and the reasons for this are not the customer's fault, the customer will have the right to return the product by informing HIBUY SC of the reason for the return through any of the means provided in these terms and conditions, at no cost to the customer. This return due to a defect or poor condition of the product will not be considered a right of withdrawal.

HIBUY SC undertakes to assume the cost of the return and to replace the product with a new one in accordance with the conditions accepted at the time of sale.

Claim

If you wish to file a complaint, please contact us by email at info@hibuymarket.com. HIBUY SC also has official complaint forms available to consumers and users.

Online dispute resolution pursuant to Article 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link : https://ec.europa.eu/consumers/odr/

Jurisdiction

Likewise, HIBUY SC reserves the right to take any civil or criminal action it deems appropriate for improper use of its website and content or for non-compliance with these terms and conditions.

The relationship between the user and the provider shall be governed by the regulations in force and applicable in Spain. Should any dispute arise, the parties may submit their disputes to arbitration or resort to ordinary jurisdiction, complying with the rules on jurisdiction and competence. HIBUY SC is domiciled in Madrid, Spain.

LAST UPDATE: June 1, 2023