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General Terms and Conditions of Use and Contracting
These General Terms and Conditions of Use and Contracting (hereinafter, "the General Conditions") govern the access and use of the website accessible through the domain name www.hoaki.com and its subdomains (hereinafter, "the Website"), as well as the contracting of goods and/or services through the same. Simple access to the Website confers the status of user of the same (hereinafter, "the User"). If the User does not agree with these General Conditions, he/she must immediately leave the Website without using it.
By accepting these General Conditions the User declares:
a) That he/she has read, understood and accepted the above.
b) That, in the event that it intends to contract any goods and/or services, it has sufficient capacity to do so.
c) That he/she is of legal age.
1. General website information
General information about the Website is given below:
Owner: HOAKI BOOKS S.L. (hereinafter referred to by its trade name, "HOAKI BOOKS").
Registered office: Barcelona - 08013 (Spain), Calle Ausias Marc 128.
TAX IDENTIFICATION NUMBER: B66919788.
E-mail: info@hoaki.com
Telephone number: 935 952 283.
Registration data: Registered in the Mercantile Register of Barcelona, volume 3829, folio 277, sheet 40383, Book: 3175, S: 2ª, I: 1ª Folio, on 20 April 1979.
In the event that the User decides to formalise the contracting of products/services through this Website, the contractual relationship will be formalised directly with the following distribution entity:
Owner: PROMOTORA DE PRENSA INTERNACIONAL S.A. (hereinafter referred to by its trade name, “PROMOPRESS”).
Registered office: Barcelona - 08013 (Spain), Calle Ausias Marc 124.
TAX IDENTIFICATION NUMBER: A08497992.
E-mail: mail@promopress.es
Telephone number: 932451464.
Registered data: Registered in the Mercantile Register of Barcelona, Page 40383 Volume: 3829, Folio: 227, Book: 3175, S: 2nd, I: 1st Folio, on 20 April 1979.
2. Access to the website
Simple access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
3. Content and services linked through the Website
The Website may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter referred to as "Linked Sites"). In these cases, HOAKI BOOKS will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not disabled the link to them with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he/she may notify HOAKI BOOKS.
Under no circumstances should the existence of Linked Sites presuppose the formalisation of agreements between HOAKI BOOKS and the owners thereof, nor the recommendation or promotion of the Linked Sites and/or their content by HOAKI BOOKS. Unless expressly stated otherwise on the Website, HOAKI BOOKS is not aware of the contents and services of the Linked Sites and, therefore, is not responsible for any damages that they may cause to the User or any third party.
4. Intellectual and industrial property
All the contents of the Website, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of HOAKI BOOKS or third party licensors, and none of the exploitation rights recognised by the current legislation on intellectual property on the same may be understood to have been transferred to the User.
The trademarks, trade names and other distinctive signs published on the Website are owned by HOAKI BOOKS or by third party licensors and/or licensors, without being transferred to the User any right over them.
5. Procurement of goods and/or services
5.1. Main characteristics of the goods
The main characteristics of the goods offered through the Website can be consulted in the descriptive sheet with which they are presented.
5.2. Purchasing procedure
The language in which the contract may be concluded is either English or Spanish.
The procedure for purchasing goods through the Website is as follows:
- From the card of the desired good, the User must click on "Add to cart" indicating the number of copies of the same good that he/she wishes to purchase. After that, he/she has the option to "Continue shopping" or "Go to checkout".
- Once the User has selected all the products he/she wishes to purchase, from the shopping cart (accessible on the top right), he/she can edit the products to be purchased and add discount coupons.
- To continue, the User must create an account or log in if he/she already has one. Enter the address where to receive the goods, choose the transport and enter the payment details.
- Finally, the User will see a message on the screen confirming the correct completion of the purchase process. You will also receive an email confirming the correct completion of the purchase process.
PROMOPRESS will keep electronic proof of the purchase made by the User, who will be able to consult the history of purchases made through their account.
5.3. Password
The User is responsible at all times for the safekeeping of his or her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and/or the use of the services and contents of the Website carried out under the User's password shall be deemed to have been carried out by the User.
5.4. Correction and identification of data input errors
If the User forgets to correctly fill in any of the information indicated as compulsory in the corresponding form, he/she will not be able to progress in the contracting or validation process until he/she has completed it. A message on the screen will warn the User of this circumstance.
You may modify and/or update the data provided during the purchase process at any time, before its completion, by going back to the desired step.
By accessing his/her account, the User may at any time modify and/or update the data provided at the time of registering as a user of the Website.
5.5. Delivery of orders
The User will receive their order within a maximum of 48 working hours from the date of purchase for deliveries within Spain, and within a maximum of 4 to 5 working days from the date of purchase for international deliveries.
5.6. Price, methods of payment and shipping costs
The prices indicated for each good and/or service in its corresponding file include, unless expressly stated otherwise, Value Added Tax (VAT) and, in any case, are expressed by default in Euro currency (€). These prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the goods or services purchased.
The payment methods available on the Website are as follows:
- Bank transfer.
- Bank card.
The shipping methods available for goods purchased on the Website can be viewed in the shopping cart along with the corresponding cost.
6. Right of withdrawal
The User has the right to withdraw from the contract with PROMOPRESS within fourteen calendar days without giving any reason.
The withdrawal period shall expire fourteen calendar days after the day indicated below:
a) In the case of a contract for digital content services which are not provided on a tangible medium: from the day of conclusion of the contract;
b) In the case of a contract of sale: from the day on which the User or a third party indicated by him, other than the carrier, acquires the material possession of the goods;
c) In the case of a contract for the delivery of multiple goods ordered by the User in the same order and delivered separately: from the day on which the User or a third party indicated by the User, other than the carrier, acquires the material possession of the last of these goods;
d) In case of delivery of a good made up of multiple components or parts: from the day on which the User or a third party indicated by him, other than the carrier, acquires material possession of the last component or part;
e) In the case of a contract for the periodic delivery of goods during a specified period: from the day on which the User or a third party, other than the carrier and indicated by the User, acquires the material possession of the first of these goods.
To exercise the right of withdrawal, the User must notify PROMOPRESS of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or email). The User may use the withdrawal form template available at HERE , although its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication concerning the User's exercise of this right is sent before the expiry of the withdrawal period.
6.1. Consequences of withdrawal
In the event of withdrawal by the User, PROMOPRESS will refund the User all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive ordinary delivery method offered by PROMOPRESS) without undue delay and, in any case, no later than 14 calendar days from the date on which PROMOPRESS is informed of the User's decision to withdraw from the contract. PROMOPRESS will proceed to carry out said refund using the same payment method used by the User for the initial transaction, unless the User has expressly stated otherwise; in any case, PROMOPRESS will not incur any costs as a result of the refund. PROMOPRESS may withhold the reimbursement until it has received the goods, or until the User has provided proof of the return of the goods, whichever condition is met first.
The User must return or deliver the goods directly to PROMOPRESS without undue delay and, in any case, no later than 14 calendar days from the date on which the User informs PROMOPRESS of their decision to withdraw from the contract. The deadline shall be deemed to have been met if the User returns the goods before this period has expired.
The User shall bear the direct cost of returning the goods.
The User shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If the User has requested that the provision of services begins during the withdrawal period, the User shall pay PROMOPRESS an amount proportional to the part of the service already provided at the time the User has communicated his/her withdrawal, in relation to the total object of the contract.
6.2. Cases of non-application of the right of withdrawal
In accordance with the provisions of Article 103 of 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, the User may not withdraw from contracts relating to:
a) The supply of digital content that is not provided on a tangible medium when performance has begun and, if the contract imposes a payment obligation on the User, when the following conditions are met:
1. TheUser has given his prior consent to start the performance during the period of the right of withdrawal
2.ºThe User has expressed their knowledge that, as a result, they lose their right of withdrawal; and
PROMOPRESS has provided confirmation in accordance with articles 98.7 or 99.2 of 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.
7. Complaints, claims and requests for information
The User may address complaints, claims and/or requests for information to HOAKI BOOKS, using any of the following methods:
- By sending a letter to Barcelona - 08013 (Spain), Calle Ausias Marc 128.
- By sending an e-mail to info@hoaki.com.
- By calling 935 952 283 from 8:00 to 15:00, Monday to Friday except holidays.
HOAKI BOOKS has official complaint/complaint/complaint forms which the User can request.
You may also address your complaints, claims and/or requests for information to PROMOPRESS in relation to the contract using any of the following channels:
- By sending a letter to Barcelona - 08013 (Spain), Calle Ausias Marc 124.
- By sending an e-mail to mail@promopress.es.
- By calling 93 245 14 64 from 9:00 to 18:00, Monday to Friday except holidays.
PROMOPRESS has official complaint/complaint/complaint forms that the User can request.
8. Legal guarantee of conformity for goods, digital content or digital services
The User is reminded that, in accordance with the provisions of articles 114 and following articles of 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, all goods, digital content or services delivered or supplied by PROMOPRESS must be in accordance with the contract signed, and PROMOPRESS shall be liable to the User for any lack of conformity that may arise in the following cases:
In the sale of goods, PROMOPRESS shall be liable for any lack of conformity that exists at the time of delivery and that becomes apparent within three years of delivery.
In the case of digital content or services supplied in a single act or in a series of individual acts, PROMOPRESS shall be liable for any lack of conformity that exists at the time of supply and becomes apparent within two years of supply.
Where applicable, lack of conformity resulting from improper installation of the good or improper integration of the digital content or services into the User's digital environment shall be equated to lack of conformity, where any of the following conditions apply:
a) The incorrect installation or integration has been carried out by PROMOPRESS or under its responsibility and, in the case of a sale of goods, its installation is included in the contract.
b) The contract provides for installation or integration to be carried out by the User, has been carried out by the User and the incorrect installation or integration is due to deficiencies in the installation or integration instructions provided by PROMOPRESS or, in the case of goods with digital elements, provided by PROMOPRESS.
The scope and form of execution of the rights conferred on the User by this legal guarantee can be consulted in articles 114 and following of the aforementioned regulation.
9. Invalidity and ineffectiveness of clauses
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and these General Conditions shall remain in force in all other respects and such provision or part thereof shall be deemed not to be included.
10. Applicable law and competent jurisdiction
These General Terms and Conditions shall be governed by and construed in accordance with Spanish law.
In the event of a dispute, the User may choose to bring his or her claim before the Courts or Tribunals corresponding to his or her domicile.
11. Alternative Dispute Resolution in consumer disputes
The User is informed about the existence of the European Union's online dispute resolution platform, which can be accessed at HERE .