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GENERAL TERMS AND CONDITIONS OF PURCHASE
We kindly ask you to carefully read the Conditions before using this website. By using this website or placing an order through it, you are bound by these Conditions. The content of these Conditions may be modified. It is your own responsibility to read them periodically, since the Conditions in force at the time of use of the website or the conclusion of the Contract (as defined below) will be those that will apply to you.
By using this website and / or placing orders through it, you agree to:
1. Make use of this website only to make legally valid inquiries or orders.
2. Not to place any false or fraudulent order. If it could be reasonably considered that an order of this nature has been made, we will have the right to cancel it and / or inform the relevant authorities if necessary.
3. Provide us with your email address, postal address and / or other contact information truthfully and accurately. Likewise, you agree that we may use said information to contact you if necessary.
If you do not provide us with all the information that we need, we will not be able to process your 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.
1. OUR DATA.
This website operates under the commercial name of HIGARNOVIAS, being the owner of the business HigarModa S.L. with CIF B-14326490 and registered office at Calle Portales, 31 in Fuente Palmera, Córdoba, Spain.
2. YOUR DATA AND YOUR VISITS OF THIS WEBSITE.
The information or personal data that 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 said information and data and declare that all the information or data you provide us with is true and corresponds to reality.
3. CONTRACT FORMALIZATION
The information contained in these Conditions and the details contained in this website do not constitute a sales offer, but rather an invitation to contract. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your bank account or credit card, the amount will be refunded in full. To place an order, you must follow the online purchase procedure and click on "Authorize payment". After this, you will receive an email acknowledging the reception of your order by us (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance, of which you will be informed through an email in which we confirm that the product is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between you and us (the "Contract") will only be formalized when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be the object of the Contract. We will not be obliged to supply you with any product that may have been ordered, until we confirm the shipment of the same in a Shipping Confirmation.
4. PRODUCTAVAILABILITY
All orders of products are subject to their availability. In this sense, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with the information about substitutive products, of equal or higher quality and value, that you can order. If you do not wish to order these substitutive products, we will refund any amount that you may have already paid.
5. REJECTION OF THE ORDER PROCESSING.
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content published on it. Although we will do our best to always process all orders, there may occur exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation. In consequence, we reserve the right to do so at any time, at our sole discretion. We will not be liable to you or to any third party for removing any product from this website, regardless of whether said product has been sold or not, removing or modifying any material or content on the website, or for declining to process an order once we have sent you the Order Confirmation.
6. DELIVERY TIMES.
6.1. SHIPPING
Without prejudice to the provisions of the previous Clause regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the product/s listed in each Shipping Confirmation before the delivery date that appears in the Shipment Confirmation in question or, if no delivery date is specified, within 15 days from the date of the Shipment Confirmation.
However, delays may occur for any of the following reasons:
• personalization of products;
• items ordered especially for you that are out of stock;
• unforeseen circumstances, strikes ...;
• incorrect delivery details;
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date, or to cancel the order with a full refund of the price paid. Please note in any case that we do not deliver on Saturdays or Sundays.
For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been delivered at the time of signing the receipt of the order at the agreed delivery address. As of this moment, our deadlines are met.
6.2 RETURNS
The pick up of the merchandise, previously requested once you wish to return, within the term, must be carried out without exceeding 14 business days from the date of delivery of the order. With our transport service we guarantee the delivery of the products within the deadlines established in the shipping policy, so if the customer agrees with the transport agency to postpone the delivery, these days will count as days in customer’s possession, since delivery is postponed conscientiously and not due to a logistical error. If the customer does not deliver the package within that period, the return will not be valid. To manage the return,the customer must take into account all the deadlines when managing a return, and also has to respect all the conditions of sale and return.
Outside of these deadlines, no money will be refunded.
7. DELIVERIES
7.1 DELIVERY DATA
The client is responsible for providing us with all the necessary data for the correct delivery of their order at the indicated address. You must correctly indicate your full name and surname, full address (street, avenue, number, floor, block ...), postal code, town, province, country, email and contact telephone number. Your personal code as well, if your order is international and additional instructions if you consider it appropriate, so that there is no problem at the time of the delivery.
7.2 IMPOSSIBILITY OF DELIVERY
7.2.1 Spain & Portugal
If after two delivery attempts it is impossible to deliver your order, the transport agency will try to contact you and will find a safe place to leave it until your response. They may leave a note at your address or send a SMS to your contact telephone number, indicating where your order is located and how to proceed to collect it. If you are not going to be present at the place of delivery of the order at the agreed time, please contact us to arrange with the transport agency the delivery on another day. We remind you that if the customer conscientiously postpones the package, the return period does not count from delivery, but from the day of postponement, as explained in point 6.2.
In the event that there is no delay in delivery, you will have a maximum period of 10 days to pick up your order from the date on which, following the procedure established in these Conditions, you are informed that your order is available. If after this period you have not collected your order, we will understand that you wish to withdraw from the Contract, and we will consider it resolved.
As a result of the termination of the Contract, we will refund the price paid for such products as soon as possible, after deducting the corresponding costs associated with the management and return of the package and, in any case, within a maximum period of 30 days from the date in which, in accordance with the provisions of this Clause, we consider the Contract terminated.
7.2.2 INTERNATIONAL
If your shipment is international, we will not have the complete control over the shipment, so if the package cannot be delivered due to lack of data and the customer does not claim his shipment on time, we will not know about this and the shipment may be returned.
From that moment we will not be responsible for the package and we will not refund the purchase if more than 14 days have passed since the first delivery attempt.
In the event that the customer would like us to make the shipment again with the correct data, he will have to take care of the expenses associated with the return of his package and the new shipment.
8. RISK TRANSFER AND THE OWNERSHIP OF THE PRODUCTS.
You will be in charge for the risks of the products from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in the previous clause), if the latter took place at a later time.
You are responsible for the products and you must treat them with all care and respect and present them in their original packaging together with all their accessories, if you wish to return any of them.
9. PURCHASING THE PRODUCTS
9.1. PRICE AND PAYMENT
The price of each product will be the one stipulated at all times on our website, except in the case of a manifest error. Although we try to ensure that all prices on the page are correct, human and / or computer errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and we will give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and the amounts that have been paid will be fully refunded.
We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipment Confirmation) if the error in the price is obvious and unambiguous and could have been reasonably recognized by you as an incorrect price.
The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as explained in the Shipping Costs section.
Prices may change at any time, but (except as stated above) possible changes will not affect orders with respect to which we have already sent you a Shipping Confirmation and those that have been already delivered.
Once you have made the selection of your purchases, all the items you want to buy will have been added to your basket or cart, and the next step will be to process the order and make the payment. To do so:
- Click on the "Shopping Cart" button at the top of the page.
- Click on the "View Cart" button.
- Click on the "Checkout" button.
- Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address to which the invoice must be sent.
- Enter your card details.
- Click on "Authorize Payment".
You can make the payment with Visa, Mastercard, American Express cards, as well as with bank transfer and PayPal. We also accept cash on delivery in Peninsular Spain, in which case a 3% service surcharge will be applied to the order amount, with a minimum of € 2 + VAT.
In the case of credit card payment, your card will be charged at the time of order confirmation.
If your means of payment is Paypal, the charge will be made when we confirm the order.
By clicking on "Authorize Payment" you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.
9.2. PRODUCTS
All products published on www.higarnovias.com are authentic and new. All items carry their original labeling that shows their authenticity and condition.
Despite the fact that all the items displayed on www.higarnovias.com are new, some of the items may have been used by another customer, for the sole purpose of testing it, and have subsequently been returned. The items continue to retain their authenticity and good condition, since our return conditions are strict and do not allow returns of damaged items without authenticity labeling.
The items displayed in www.higarnovias.com correspond to the photos displayed, except for items that are made by hand that may vary slightly due to the craftsmanship nature of their manufacturing process, or in catwalk photos that may have variations or corrections before they enter serial production.
9.3. OUTLET
On the web www.higarnovias.com there is a section called Outlet. The articles displayed in this section are totally authentic and new.
These items are leftover models from other campaigns, meaning therefore that most of them have gone through sales times, a period in which they may have been tried on by several customers. Due to this, some of the items that are offered in the Outlet section may have slight signs of use due to their trying (small scratches, wrinkles ...) or small spots of dust or similar, caused by the storage of the items.
The quality and good condition of these items cannot be guaranteed 100% like in case of the articles from current collections, which are being commercialized at this moment. However, these items are still brand new, with their labels and with acceptable conditions to continue being sold at Outlet prices with a considerable discount of 30%, 40%, 50%, 60%, 70% and up to 80%.
The customer must be aware of this and accept the discount on the item as an advantage over the condition of the same, given that it has been exposed for a long period of time in physical stores and / or in warehouses.
10. SHIPPING COSTS.
In any case, the shipments within the Peninsula (Spain and Portugal), as well as to the Canary and Balearic Islands, will be made with the MRW express courier agency. For the rest of the international destinations, the FedEx or TNT agencies will be used.
10.1. NATIONAL SHIPMENTS, PENINSULAR PORTUGAL, ANDORRA AND GIBRALTAR.
For orders over € 120, shipping costs are free for destinations within the Peninsula (Spain and Portugal), Andorra and Gibraltar. We remind you that the shipping costs will be discounted at their original rate (€ 8 Mainland Spain, € 10 Mainland Portugal, Andorra and Gibraltar) if the final order, after returns and / or exchanges is less than € 120 or is totally canceled.
For orders of less than € 120, the shipping costs are € 8 for Mainland Spain, € 10 for Mainland Portugal, Andorra and Gibraltar.
For orders destined for the Balearic Islands, the shipping costs will be € 20.
For orders destined for the Canary Islands, the shipping costs will be € 29.
The shipping price includes shipping insurance, handling and shipping costs.
The estimated shipping time for the Peninsula (Spain and Portugal), Andorra and Gibraltar is between 48-72h (working hours) from the departure of the package, and may be increased for reasons beyond our control.
The estimated shipping time for the Canary Islands and the Balearic Islands is between 2 and 5 working days from the departure of the package and may be increased for reasons beyond our control.
HigarNovias is not responsible for additional expenses or returns as a result of special taxes at destination, like customs or similar.
If the customer decides to pick up the product in our store, no associated cost will be charged, since the user will proceed to collect it in the respective store / s. To be able do this, you must identify yourself with your ID card in the store, so that your purchase can be collected.
10.2. SHIPMENTS WITHIN EUROPE.
To consult the rates for orders within Europe, click HERE. (link to the table of shipping rates).
10.3. INTERNATIONAL SHIPMENTS OUTSIDE OF EUROPE.
For international shipments outside of Europe, in order to offer you specific and adjusted rates, you must contact us and inform us of the shipping address that you would like to use. Once your email is received, HigarNovias will send you the details to make the purchase with the amount, shipping costs, delivery time and payment method.
11. VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is within the territory of Spain, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question. For the orders destined for the Canary Islands, Ceuta and Melilla, the deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations in each of these territories.
12. EXCHANGE/RETURN POLICY.
12.1. LEGAL RIGHT TO WITHDRAW FROM THE PURCHASE
12.1.1. RETURNS AND EXCHANGES (SPAIN AND PORTUGAL)
Your order placed at www.higarnovias.com can be returned and reimbursed following all the corresponding steps and within a period of 14 calendar days from the date of delivery of the order, and provided that the customer assumes the return costs.
The right of withdrawal will not apply to items purchased from the Outlet area, with final promotions and to those items that for hygiene reasons or other legally contemplated exceptions are not subject to return: lingerie, headdresses, brooches or costume jewelery.
12.1.1.1. ESSENTIAL REQUIREMENTS FOR YOUR RETURN TO BE ACCEPTED.
The HIGARNOVIAS team reserves the right not to accept the return of any order if these requirements are not met.
You must return the items within the established term, 14 calendar days from the delivery of the package (delivery day included) and you need to send the request correctly (explained in section 12.1.1.2).
The items must be in perfect condition, as they were delivered, in their original and unused packaging, with all the labels and accessories intact, if applicable. It is understood, in any case, that the use should not go beyond the mere checking and trying of the product. Possible presence of odors, stains of any kind (sweat, makeup, perfumes, deodorants ...), scratches or snags will be examined, so we recommend testing the items after a shower, without makeup, perfumes or jewelry that can damage the tissues. Items without original labels, used, with strong odors, stained and / or deteriorated after ordinary use will not be reimbursed, so we ask for a minimum of hygiene at the time of the trial.
The item must be returned using the same protective cardboard box in which it was received, or failing that, in a similar protective box so that the item reaches our warehouse with the maximum possible guarantees. It is the customer's responsibility to pack everything properly, so that the item does not suffer damage during transportation. If the item does not arrive in perfect condition, it will not be accepted or refunded.
Only one return per order is allowed. You cannot return different items separately, so you must manage all your returns at the same time.
The return must be organized using our courier service (*) and be authorized by us, once the return is managed following the guidelines in section 2. The customer must take care of the expenses related to the return of the order. A pick up will be requested with our partner agency MRW for postage due, that will subsequently be deducted from the total amount to be reimbursed to the customer for the returned items. The reimbursement shipping costs will be deducted as stipulated in section 10.1.
Returns must be managed from the same country in which they were received.
All shipments that do not meet all of the above requirements will not be accepted and will not be refunded. In case that the returned item is rejected for not complying with the conditions described above, it will not be refunded and the customer will have to bear the corresponding additional costs to recover it.
(*) The Canary Islands, Ceuta and Melilla are considered international (conditions set out below)
12.1.1.2. TO MAKE A RETURN
All returns are managed by email. To exercise your right of withdrawal effectively you must send an email to tienda@higarnovias.com indicating:
• ORDER REFERENCE, which you can find on the purchase invoice that you will receive with your package or in the order confirmation email
• REFERENCES OF THE ITEMS TO BE RETURNED with the corresponding sizes / colors and brief description of the reason for return.
We also recommend that you attach other information that you consider appropriate for the return or correct refund of your order. (Extended in section 12.1.1.3)
Within a maximum period of 48 working hours, our team will respond to your email indicating the steps to follow for the pick up, so it is mandatory to send the email at least 48 hours in advance before the return period expires. If the email is not sent correctly with the indicated data and within the established deadlines, the return will not be accepted.
You must wait for the response to the email to agree on the time of pick up at home or the delivery of the package at the nearest MRW office (only in agreed destinations) with prior authorization. If the customer does not deliver the package when the transport agency (MRW) picks up the merchandise, the return is considered canceled. All merchandise sent outside these established deadlines and without prior authorization will be rejected and therefore not reimbursed.
If you do not send the email with all the information correctly within the established period of 14 days after receiving your package, the return will not be accepted.
12.1.1.3. ORDER REFUND:
Once the merchandise is received in our warehouse, our return department will review the condition of the garments. If everything is correct, we will issue a refund for the returned garments. The client can choose between:
• Monetary refund of the amount associated with the return of the ítems
• Digital coupon to re-consume in the store whenever you want, without the expiry date
The reimbursement will be made discounting the return costs (as described in section 10.1.), and always reverting the original payment, therefore directly to the credit or debit card with which the payment was made, or if the payment is made by Paypal, the refund will be made by that same means. If the order was made by transfer or cash on delivery, we will not be able to reverse the transaction or initial payment, so the user must provide us with his bank details (beneficiary, IBAN / account number) to issue the refund. You can attach the data to the return email or in written form attached to the purchase invoice inside the box, otherwise we will not be able to make a refund. If after 14 days from the reception of the order the customer does not provide the data, the system will automatically generate a digital coupon to consume in the on-line store that will appear in the 'Discount coupons' section within your account. Once the coupon with the digital credit has been generated, it cannot be reimbursed. The customer is responsible for providing us with the correct data, so that the refund is managed effectively.
The refund will be made within a maximum period of 14 calendar days from the reception of the items in our warehouses.
We remind you that the crediting times on your credit card do not depend on us, but on the contract that you have signed with the card operator. In the event that you have paid using a credit card that is no longer in service, we will probably not be able to make an automatic refund; therefore, we kindly ask you to send an e-mail to info@higarnovias.com to agree on the most appropriate means of reimbursement.
12.1.2. RETURNS / EXCHANGE OF WRONG OR DEFECTIVE PRODUCTS.
All items sent are previously reviewed by our team, but in the event that you consider that the received product contains a defect or is different from the one you’ve ordered, you must contact us immediately (maximum within 24 hours) from the reception of the package through our email info@higarnovias.com or by phone 957 712780 (during customer service hours, photos may be requested so you will have to send them by email). You must indicate the order and item data, together with the problem involved (tare, different product, wrong color ...). We will take care of evaluating the problem and will respond to your request with the necessary steps to proceed in accordance with your case within a maximum period of 72 hours.
For the replacement, in case of tare we will organize a pick up and we will proceed to carefully examine the returned product. We will notify you within a maximum period of 7 business days if it is possible to replace it. If a replacement is not possible, the item will be credited. If you do not want to wait for the replacement of the item, you must notify it by email, requesting an ordinary return. Once the replacement is confirmed, the return will not be possible. The return or replacement of the article will be made as soon as possible and, in any case, within 30 days following the date on which we confirm whether the payment or replacement of the non-conforming article is appropriate.
In case of sending an incorrect item, we will contact you to manage the return of the item and the delivery of the new correct item. If the customers do not want the replacement, they must make an ordinary return.
The amounts paid for those products that are returned due to some tare or defect, when it really exists, will be fully reimbursed, including the delivery costs incurred to deliver the item. The refund will be made in the same means of payment that was used to pay for the purchase.
Notifications outside this period will not be taken into account. In the event of reception of defective items without any notification or authorization, they will not be refunded. The items will remain in your possession and if necessary you must address the corresponding expenses to proceed with their pick up.
Some items with a discount or in the Outlet section may have slight imperfections due to their storage or exposure in the store (slight friction, small dust spots, wrinkles in fabrics or leather, small snags ...), but such imperfections never prevent their sale and are not visually excessive, since if it were the case, the customer would have been contacted directly to cancel the purchase. These slight imperfections will not be considered as 'defective products'.
12.1.3. EXCHANGE (Spain and Portugal)
The provisions of the clause 12.1.1.1. will have to be met.
The costs associated with the exchange are:
16€ for mainland Spain.
20€ for mainland Portugal, Andorra and Gibraltar.
40€ for Balearic Islands.
58€ for Canary Islands.
Canary Islands, Ceuta and Melilla must make the return and place a new order.
To make changes in size and/or article, you must send the request to the email tienda@higarnovias.com indicating the REFERENCE OF YOUR ORDER, the references of the items you wish to return and of those you wish to receive as a replacement.
Our team will explain the process to you, so that the change is as fast and as comfortable as possible for all of us. You have 14 business days from the date of the reception of the package to request a change. The requested item may be more expensive or cheaper than the original one. A payment must be made in the former case, or we will make a refund in your favor in the latter. Once a change has been made, the customer can make another change or manage the return within a maximum period of 7 days if it is a change of size, and 14 days if it is a completely different item. After that period we will not be able to manage it.
12.2 RETURNS & EXCHANGES (INTERNATIONAL)
For international returns (outside of Spain* and mainland Portugal) all the same conditions are respected except for the time of return shipment. The customer must hire a courier service for the return of the package and must bear the costs thereof. The expedition time must not exceed 7 business days from the confirmation of return.
For any questions, please contact us at info@higarnovias.com or on our phone 957 712780.
(*) Ceuta, Melilla and the Canary Islands are considered International.
12.3. SPECIAL ORDERS.
Special orders made by the customer in the event that there is no stock available will be produced exclusively for the customer under his express request and will be ordered from the factory for their preparation. In such cases the article cannot be returned for any reason.
The delivery of the merchandise will be made once the total payment of the amount is received.
These orders may not be modified in any case once the order is confirmed.
13. RESPONSIBILITY AND DISCLAIMER OF LIABILITY.
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
To the legally permitted extent, and unless otherwise provided in these Conditions, we will not accept any responsibility for the following losses, regardless of their origin:
- loss of income or sales;
- loss of business;
- loss of profits or loss of contracts;
- loss of anticipated savings;
- data loss; and
- loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless it is expressly established otherwise in it.
All descriptions of products, information and materials that appear on this website are provided as a true body and without express or implicit guarantees about them.
To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded from consumers and users.
The provisions of this clause will not affect your legal rights as a consumer and user, or your right to withdraw from the Contract.
14. INTELLECTUAL PROPERTY.
You acknowledge and consent that all copyright, trademark and other intellectual property rights over the materials or content that are provided as part of the website correspond at all times to us or to those who granted us a license for their use. You may use such material only in the way that we or those who have granted us a license to use it expressly authorize it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact details.
15. VIRUS, HACKING AND OTHER COMPUTER ATTACKS.
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or damaging program or material. You will not try to have unauthorized access to this website, to the server where said site is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.
We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.
16. LINKS FROM OUR WEBSITE.
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without us having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from their use.
17. WRITTEN COMMUNICATIONS.
Applicable regulations require that part of the information or communications that we send you should be in written form. By using this website, you agree that most of such communications with us will be electronic. We will contact you by email or will provide you with the information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically meet the legal requirements of being in written form. This condition will not affect your rights recognized by law.
18. NOTIFICATIONS.
The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless stipulated otherwise, we may send you communications either by e-mail or to the postal address provided by you at the moment ofmaking an order.
It will be understood that the notifications have been received and have been made correctly at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of posting of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was duly delivered in the post office or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
19. ASSIGNMENT OF RIGHTS AND OBLIGATIONS.
The Contract is binding both for you and for us, as well as for our respective successors, assignees and successors in title.
You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.
We may transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you have as a consumer recognized by law and neither will cancel, reduce or limit in any other way the guarantees, both express and implied, that we could have granted to you.
20. EVENTS BEYOND OUR CONTROL.
We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under this Contract, if they are caused by the events that are beyond our reasonable control ("Force Majeure Cause").
The Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and are, among others, the following:
- Strikes, lockouts or other industrial actions.
- Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat of or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, boats, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failures or accidents of maritime or river transport, postal or any other type of transport.
It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Force Majeure Event perdures, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Event.
21. WAIVER.
The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under this Contract or these Conditions, or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said Contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions, nor will it exonerate you from complying with such obligations.
No waiver on our part of a specific right or action will suppose a waiver of other rights or actions derived from the Contract or the Conditions.
No waiver by us of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to you in writing in accordance with the provisions of the Notifications section above.
22. PARTIAL NULLITY.
If any of these Conditions or any provision of this Contract are declared null and void by a firm resolution by the competent authority, the remaining terms and conditions will remain in force, not being affected by said declaration of nullity.
23. ENTIRE AGREEMENT.
These Conditions, and any document to which express reference is made in them, constitute the entire agreement existing between you and us in relation to the object of the present Contract and replace any other previous pact, agreement or promise agreed between you and us either verbally or in written.
You and us acknowledge having consented to formalize the present Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or written document during negotiations between us prior to the formalization of this Contract, except for what is expressly mentioned in these Conditions.
Neither you nor us can have any action against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such an uncertain statement had been made fraudulently), and the only action that the other party will be entitled to should be related to the breach of this Contract in accordance with the provisions of present Conditions.
24. OUR RIGHT TO MODIFY THE PRESENT CONDITIONS.
We reserve the right to review and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use this website or place every order, unless by law or as a result of a decision by government agencies we must make changes retroactively in said policies, Conditions or Privacy Statement. In such a case, the possible changes will also affect the orders that you had made previously.
25. APPLICABLE LEGISLATION AND JURISDICTION.
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish law.
Any controversy that arises, or is related to the use of this website or with present Contract will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause will affect the rights that you enjoy as such as recognized by current legislation.
26. COMMENTS AND SUGGESTIONS.
Your comments and suggestions are welcome. We kindly ask you to send us such comments and suggestions through our contact form. (link to thecontactform)
27. SECURITY AND DATA CONFIDENTIALITY.
All the information provided by the CUSTOMERS will be used to process the order, the future purchases, as well as to send them information about offers and services that could be of their interest by email and/or post. In this way, the purpose of the use of this data will be to maintain the contractual relationship established between HigarNovias and the CUSTOMER, as well as management, administration, provision and commercial or advertising information about the products of HigarNovias or third party collaborators or investee companies. The User declares to be informed of the conditions and transfers detailed in this clause.
The personal data received will be treated in accordance with Organic Law 15/1999, of December 13th, on the Protection of Personal Data, and Royal Decree 1270/2007, of December 21st, which approves the Development Regulation of the Organic Law 15/1999, and other concordant regulations in force in Spain.
Likewise, the CUSTOMER is informed that HigarNovias has adopted the security levels required by the regulations and that it undertakes to safeguard the secrecy regarding all the provided data.
CUSTOMERS may exercise at any time their rights of access, rectification and cancellation by contacting us.