TERMS AND CONDITIONS OF MISS HAMPTONS

1. Identification of the holder and general information

MISS HAMPTONS is the commercial name of the company Miss Hamptons Brand, S.L. These Terms and Conditions govern the access to and use of the web site www.misshamptons.com (hereinafter, the Web Site), held by Miss Hamptons Brand, S.L. (hereinafter, MISS HAMPTONS), with Spanish Tax I.D. B-54789581 and corporate address in Calle Santiago Ramón y Cajal, 37, 1º planta, Parque Empresarial, 03203, Elche (Alicante) Spain, as well as the products and services offered by MISS HAMPTONS on its Web Site.

MISS HAMPTONS offers this Web Site subject to the present Terms and Conditions. By visiting the Web Site or using the services or applications in the Web Site, the User accepts these Terms and Conditions.

Users are not required to register in order to enter the Web Site. However, to contract any of the services offered by MISS HAMPTONS, Users must register and accept these terms and conditions before making any payment.

Through its Web Site, MISS HAMPTONS offers the Users sunglasses, canvas sandals, espadrilles, esparteñas and T-shirts of the brand MISS HAMPTONS.

The Terms and Conditions found below define the rights and obligations of MISS HAMPTONS and the Users within the framework of the Web Site. These are the only Terms and Conditions applicable to the use of the Web Site (without prejudice to certain services being subject to specific terms and conditions) and to the placing of orders through the Web Site and replace any other terms and conditions, save by prior written agreement between MISS HAMPTONS and the User.

2. User data and conduct on the Web Site

In order to acquire the products offered on the Web Site, the User will need to register by filling in the registration form available on the Web Site.

The User shall be responsible for keeping the confidentiality of the data and information provided and for limiting the access to his or her computer and access keys in order to prevent any non-authorized uses.

If the User has reasons to believe that his or her data have been made available to a third party, or that they have been or may be used without his or her authorization, the User must inform MISS HAMPTONS immediately. The User shall verify that his or her data are correct and inform MISS HAMPTONS in case of a variation and/or amendment in the information provided during the purchasing process.

3. Orders and terms of sale

The purpose of the offering of products and services through MISS HAMPTONS’ Web Site is the purchase of sunglasses, canvas sandals, espadrilles, esparteñas and T-shirts of the brand MISS HAMPTONS by the Users.

Only Users over 18 years of age may place an order with MISS HAMPTONS.

From the Web Site www.misshamptons.com, MISS HAMPTONS, will send orders to anywhere in the world.

The sending of the product will be free for orders over Euro 80 for delivery in the Iberian Peninsula, that is, Spain and Portugal, except the Balearic Islands, Ceuta, Melilla and the Azores. To place any orders through the Web Site, the User must previously fill in a purchase form. The data included in said purchase form are necessary to manage your purchase order.

4. Price, means of payment and discount codes

Upon completion of the form, the User shall pay the order using the means of payment specified on the Web Site.

Once the payment has been made, the User will receive an email confirming the order. This email will include a summary of the articles acquired, the type of delivery requested and the address for delivery.

If there is any problem at the time of payment which prevents same, the User will receive an automatic message indicating the existence of a payment error. Your order will not be processed until full completion of the payment.

The prices of the services are stated in Euros (€) and include taxes and handling and delivery expenses, the amount of which shall be specified at the time of final confirmation of each order.

MISS HAMPTONS may offer discount codes to its Users from time to time. Said discounts may only be applied as per the instructions specified by MISS HAMPTONS for each code and, in any event, only one code may be used per order.

5. Information about the products and services provided by MISS HAMPTONS

The data included on the Web Site in each description of the products and services, with their photographs, graphic o iconographic depictions or videos, as well as their trade names, trademarks or distinctive signs of any description, have mere information purposes. Therefore, MISS HAMPTONS waives any liability resulting from errors in said information, but undertakes to make its best efforts to correct the said errors or omissions as soon as possible after being informed thereof.

6. Refunds and right of withdrawal

6.1 Refunds for manufacturing defects

The User can return any factory-defective product to MISS HAMPTONS without any cost. Considering the nature of the contracted product, the User will have the period of one month from the moment product nonconformity is detected to notify MISS HAMPTONS. Any damages or losses shall be borne by the User if User fails to notify within the aforementioned period.

The User shall be exempted of any additional costs with their return of the products presenting manufacturing defects.

The User must contact MISS HAMPTONS within the given period of one month in order to formally return the product. User shall therefore send an email to contact@misshamptons.com indicating the product(s) being returned, attaching a photograph and a detailed list of the manifested defects.

Once MISS HAMPTONS has received the User’s communication it will reply within 3 to 5 days if the product’s return is considered valid. In the event of an approved return, MISS HAMPTONS shall inform the User how the defective product will be collected, or sent to its offices/stores.

The User may send the defective product to one of the offices/stores listed below:

- Office in Spain: MISS HAMPTONS BRAND S.L C/ Santiago Ramón y Cajal 37, 1ª planta Elche Parque Empresarial 03203 Elche (Alicante) Spain

Each product being returned must be without use and with all of its tags, labels, packaging, and where warranted, the original documentation and accessories supplied with the product. MISS HAMPTONS reserves the right to reject the return if User fails to follow these requisites.

Once the product has been received and the defects confirmed, MISS HAMPTONS shall allow the User to replace the product for another of identical features, save where such option is objectively impossible or incommensurate.

In the event of shortage in stock preventing the replacement with an identical product, User may choose to withdraw from the contract (i.e. receive the reimbursement of payments made), or voluntarily choose and request another model.

Delivery of a product of identical features, or a new, corresponding model chosen by the User, shall take place in the next 3 to 5 workdays from the date MISS HAMPTONS confirms the defective product’s replacement, or shipment of the new model.

The User shall be exempted of any extra costs with the replacement, shipment of the new model, or withdrawing from the contract.

MISS HAMPTONS shall reimburse the entirety of payment(s) made by the User who purchased the defective product (including shipping costs) if the User decides to withdraw from the contract.

MISS HAMPTONS informs Users that the reimbursement term for amounts paid shall depend on the form of payment adopted by User to purchase the product:

- If the User paid by credit/debit card, MISS HAMPTONS shall refund the amount paid within a period of 14 calendar days, so long as User decides to withdraw from the contract.

- If the User paid by PayPal, MISS HAMPTONS shall refund the amount paid within a period of 24-48 workdays, so long as User decides to withdraw from the contract.

6.2 Withdrawal

In case the User is not satisfied with the products received in the User’s order, the User has fourteen (14) calendar days, pursuant to the General Consumer and User Protection Law, to return the order in its entirety, or may opt to return any of the products that accompany the order in its entirety, entirely without any penalties, and without the need to present justification.

However, the User must take charge of the direct cost of returning the products ordered in their entirety, or in part, to MISS HAMPTONS.

To formalize the return, the User must inform MISS HAMPTONS through the email contact@misshamptons.com, attaching the completed withdrawal form that is supplied along with these Terms and Conditions (see ANNEX 1). Upon receiving the email, MISS HAMPTONS shall instruct how to send the order to its offices or stores.

The User can send the product to the following MISS HAMPTONS’ offices/stores:

- Office in Spain: MISS HAMPTONS BRAND S.L C/ Santiago Ramón y Cajal 37, 1ª planta Elche Parque Empresarial 03203 Elche (Alicante) Spain

MISS HAMPTONS is not liable for the shipping company User hires to return the order. In this regard, MISS HAMPTONS recommends that the User require the courier or shipping company to provide proof of delivery once the product is delivered at MISS HAMPTONS’ offices, allowing for User to receive evidence that the product was properly delivered to MISS HAMPTONS. MISS HAMPTONS shall not be held liable for the address to which User returns the order. In the case of Europe, it should always be returned to our office.

The costs to return the order (e.g. courier/shipping company costs) shall be directly borne by the User.

The product being returned must be without use and with all of its tags, labels, packaging, and where warranted, the original documentation and accessories supplied with the product. User agrees that the product may suffer depreciation or that MISS HAMPTONS may reject its return if User fails to proceed as instructed, or if the product suffers any damage.

Once MISS HAMPTONS verifies that the order is in good condition, MISS HAMPTONS shall refund the full amount paid by the User.

If the User decides to return the order in its entirety, MISS HAMPTONS shall refund the User the entirety of amounts paid by the User (including shipping expenses).

MISS HAMPTONS shall not refund shipping expenses paid by User for the entirety of the order if the User only wishes to return one or some of the  products of the order.

MISS HAMPTONS informs Users that the reimbursement term for amounts paid shall depend on the form of payment adopted by User to purchase the product:

- If the User paid by credit/debit card, MISS HAMPTONS shall refund the amount paid within a period of 14 calendar days so long as User decides to withdraw from the contract.

- If the User paid via PayPal, MISS HAMPTONS shall refund the amount paid within a period of 24-48 workdays so long as User decides to withdraw from the contract.

In any case, MISS HAMPTONS shall refund the amounts paid as soon as possible, within the term of 14 calendar days, from date the User communicates the decision to withdraw from the contract.

7. Product change policy

MISS HAMPTONS shall not change a product purchased by the User for another offered on the Website.

Should the User wish to change a product, he/she shall claim the right to withdraw from the [purchase] contract thereof, as established in clause 6.2, and then proceed to purchase the desired product.

8. Use of the Web Site

The Web Site may not be used for unlawful purposes or purposes related to crimes or illegal activities of any type.

It is also forbidden to send, use or reuse any illegal, offensive, abusive, indecent, slanderous, obscene or threatening materials or any materials which may entail an infringement of copyright, registered trademarks or confidentiality, privacy or any other rights, or which may be slanderous or offending in any other way to third parties, or the content of which may contain computer viruses, political propaganda, advertising, chain messages, the massive sending of mail or any other form of spam and, in general, any other type of nuisance or unnecessary element.

The User undertakes to make a lawful, diligent, honest and correct use of any information or contents which he or she may gain access to through the Web Site or through third party web sites he or she may enter through the links located on the Web Site, and abide at all times by the principles of good faith and compliance with applicable law and with the present Terms and Conditions.

The User may only use for personal purposes any information (that is, any messages, sound files, photographs, drawings, software and, in general, any description or type of computer file, chart, etc.) on the Web Site. Likewise, the User undertakes not to cause malicious or intentional damage which may alter or diminish the value of the Web Site, and not to introduce or disseminate computer viruses which may lead to non-authorized alterations of the contents or systems which form the Web Site.

MISS HAMPTONS, at its discretion, reserves the right to refuse access to the Web Site, or to cancel orders to those Users that make an unlawful use of the contents and/or break any of the conditions that are setting out in this document.

9. Intellectual or Industrial Property

The intellectual property rights in the page www.misshamptons.com and its source code, design, navigation structures and various elements therein are the property of MISS HAMPTONS, which holds the exclusive right to exploit same in any form and,particularly, the right to reproduce, distribute, communicate publicly and transform same, in accordance with Spanish and European Law applicable.

MISS HAMPTONS hereby informs that this is not a license or express or implicit authorization to use the intellectual and/or industrial rights or any other related right or property which may be directly or indirectly related with the contents included in the Web Site. The reproduction in whole or in part of any of the contents of the Web Site, even through a hyperlink, without the express written consent of MISS HAMPTONS, is strictly prohibited. The non-authorized use of said contents shall give rise to the liabilities established by law.

10. Hyperlinks

The Hyperlinks included in this Web Site may lead to third-party sites. MISS HAMPTONS accepts no responsibility for the content, information or services which may appear in said sites. Said information or services which shall be deemed to have been offered by MISS HAMPTONS for mere information purposes, which entails no relation, acceptance or support thereof by MISS HAMPTONS or the persons or entities which own said content or are the holders of the sites in which it appears.

11. Partial nullity

Should any Clause in the present Terms and Conditions be declared null and void, the rest of the Clauses shall remain in full force and shall be construed in accordance with the spirit of these Terms and Conditions.

12. Amendments

The information appearing on this Web Site is that applicable on the date of the latest update thereof. MISS HAMPTONS reserves the right to update, amend or eliminate the information from this Web Site and to amend unilaterally the present Terms and Conditions, its privacy policy and any other information. Any amendments in said terms and conditions shall enter into force at the time of publication thereof on this Web Site.

13. Notices

All communications between MISS HAMPTONS and the User regarding the placing of orders through the Web Site shall be made in writing pursuant to the communication procedures set forth in these Terms and Conditions for each particular case.

14. Language

MISS HAMPTONS may translate these Terms and Conditions, its Privacy Policy and any other operational rules, policies or procedures published on the Web Site. In case of conflict the Spanish version will prevail.

15. Ethics Policy on providers

As a prestigious and reliable company, committed to the objective of providing high quality products to customers, MISS HAMPTONS recognizes its obligation to ensure that providers act ethically. We expect our suppliers provide regularly an environment that protects the health and safety of employees in addition to their basic human rights. All providers must comply with national laws and regulations on employment, in particular with regard to the following:

  • Minimum working age
  • Employment freely chosen
  • Employment freely chosen
  • Health and safety
  • Freedom of association and right to collective bargaining
  • Absence of discrimination
  • Absence of painful or inhuman treatment
  • Work Schedule
  • Wages

MISS HAMPTONS will never consciously acquire supplies from countries that do not comply with the above principles. We also expect our suppliers follow these principles in dealing with their own providers. Due to the nature of the supply chain of our suppliers is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as MIS HAMPTONS continues to grow, recognizes the importance of acting by taking the initiative and doing everything possible to defend the rights of people involved in the manufacture of its products.

16. Applicable law and jurisdiction

The present General Terms and Conditions are subject to Spanish law. The parties, under Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Act for the Defence of Consumers and Users (Ley general para la defensa de los consumidores y usuarios), will be subject to the Courts and Tribunals of the place of residence of the User.

Likewise, by virtue of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer, MISS HAMPTONS informs that, in case of dispute, the User resident of European Union may attend to the Online Dispute Resolution Platform (ODR) that the European Commission has developed in order to solve any dispute arising from the services provided by MISS HAMPTONS.

To access to the ODR Platform you can visit the next link: http://ec.europa.eu/consumers/odr/ To access to the ODR Platform you can visit the next link: http://ec.europa.eu/consumers/odr/

n any case, please note that MISS HAMPTONS put at your disposal a Claimant Form by which the User can formulate a claim in relation with the services provided by MISS HAMPTONS.

ANNEX 1

Withdrawal form template

(You must only fill in and send this form if you wish to withdraw from the agreement)

MISS HAMPTONS BRAND, S.L

Santiago Ramón y Cajal, 37, 1º planta, Parque Empresarial, 03203, Elche, Alicante, Spain, E-mail: contact@misshamptons.com

– Ordered/received on [insert date of purchase/date of receipt of the order]

– Pedido el/recibido el [indicar fecha de contratación/fecha de recepción del pedido]

– [Name of consumer and user]

– [Address of consumer and user]

Signature of consumer and user (only if the present form is submitted on paper)

Date