Terms of service

GENERAL CONDITIONS OF USE

Updated version 2023. 

1-Terms of Service

1.1.- User definition.

Access and/or use of the website http://humpier44.com, hereinafter “Humpier” , grants whoever performs it the condition of user of the same, accepting from that moment, and without any reservation, the present General Conditions of Use.

Without prejudice to the regulation contained in these General Conditions of Use, Humpier SL, reserves the possibility of establishing Particular Conditions of Use, for the regulation of certain services and/or contents, in which case the users are equally bound by any Particular Conditions of Use that, when appropriate, were published.

In general, any Internet user has the possibility of accessing the content made available to the public through Humpier, although access to certain services is restricted to registered users, as detailed below.

1.2.- Humpier user account.

Any user who wishes to make use of the restricted services, content and utilities made available to the public through Humpier must proceed to register and process the registration on the website, by creating a user account .

Every user who proceeds to register in Humpier expressly declares to know, understand and accept these General Conditions of Use, as well as the Privacy Policy, stating their intention to comply with each and every one of the obligations derived from the same.

The registration in Humpier and the creation of a user account require the provision by the user of a series of personal data. Those responsible for Humpier guarantee that said data will be treated in accordance with current legislation and the provisions of the Privacy Policy made available to users on our website. 

At the same time, the user undertakes and expressly agrees to guarantee the veracity of the data provided and/or communicated at the time of completing the registration form, or any of the tools through which they provide personal data. .

Likewise, the registration and registration procedure as a user in Humpier requires the provision by the user of an access key (password or password), whose purpose is to protect the user's account against any unauthorized access attempt to the same.

In order to guarantee the privacy and individuality of user accounts, the system will request this key or password as authentication prior to accessing the user account and/or additional services.

The user will be solely and exclusively responsible for the safekeeping and custody of their access codes to the system. The company Humpier SL, does not assume any responsibility, either direct or indirect, regarding the custody that the user performs of their identification and authentication keys, of the illegitimate intrusions that could occur in the user account, nor of the uses that a third party performs said keys, with or without the consent of the user.

The user who wishes to make use of the sales and electronic commerce services that Humpier offers must be of legal age. Notwithstanding the foregoing, those responsible for Humpier inform that it is not possible to control the access of minors to Humpier at all times, it being the sole responsibility of the parents or guardians to control and assist minors in browsing the Internet, and not those responsible for Humpier assuming any responsibility for any harm that a minor may eventually suffer as a result of accessing the content made available to the public through Humpier.

1.3.- Cancellation of the user account.

All Humpier participants who have a user account have the possibility of unsubscribing and canceling it, the procedure being enabled for this by sending an email with all their data to the Customer Service Department: hola@humpier44.com, expressing the desire to unsubscribe from the Humpier service and database.

The cancellation of the user account will mean, for the user registered up to that moment, the impossibility of accessing his account from the moment of cancellation, as well as the restricted contents and services of Humpier.

Likewise, in the event that those responsible for Humpier are aware that a user is making use of the contents and services made available through the website that is inappropriate, illegal or contrary to the regulations in force and/or these General Conditions of Use, reserves the right to deny access and/or use of Humpier to said user, as well as the possibility of unilaterally canceling their user account, if any.

2.- Obligations and responsibility of the users.

2.1.- Obligations of the user.

The user undertakes to use Humpier in accordance with the provisions established by current legislation and regulations, good faith, public order and generally accepted uses and customs.

The user expressly agrees to make appropriate use of Humpier and its contents, in accordance with the possibilities and services they offer, as well as the purposes for which they have been conceived.

Likewise, the user undertakes not to use Humpier, its contents and/or the dissemination tools that it makes available to them for illicit or illegal purposes, or harmful to the rights and/or interests of Humpier or third parties.

Likewise, the user agrees not to cause harm, damage or deterioration to the software, tools and/or contents that constitute the basis of the Humpier website and not to prevent its normal operation.

Those responsible for Humpier will not assume any responsibility, whether direct or indirect, derived from the breach of said obligations by users.

2.2.- Responsibility of users.

Each user will be solely and exclusively responsible for the use they make of the tools made available through Humpier.

The user will be solely responsible for the use made of Humpier for illicit, illegal or unauthorized purposes by current regulations, whether with or without economic purpose.

The user will assume in any case, solely and exclusively, the responsibilities of any kind that may arise as a result of breaching these General Conditions of Use.

Those responsible for Humpier are excluded from any type of responsibility, whether direct or indirect, with respect to any damage or harm caused to the user of Humpier and/or a third party, which is caused by the user's misuse, intentional or not, of the contents, tools and utilities made available through this web page, or due to the non-observance of these General Conditions and, where appropriate, the Particular Conditions, by the user.

3.- Humpier's responsibility.

Those responsible for Humpier do not assume any responsibility derived from damages and/or losses of any nature that the user of the website, or a third party, may suffer and that derive from:

– The lack of availability, maintenance or effective operation of Humpier, its services or contents.

– The fact that a third party, violating the established security measures, uses Humpier, its contents or services, for the transmission of viruses or other damages electronically, or carries out an unauthorized treatment of the stored data.

– No use that, in general, can be made by the user and/or a third party of the Humpier website, its services, or the content made available to the public through them, that is contrary to these General Conditions of Use, to good faith, morality, public order, good customs, or the provisions established by current regulations.

4.- Liability of third parties, promotions, discounts, publicity and/or links.

4.1.-Humpier promotional code and active campaigns.

If a promotional code is available, it will only be validated according to the conditions in which that coupon was registered.

In addition, the discounts and promotional codes will be valid on the days specified by the campaign, both days included. When this period ends, the coupon will be inactive.

4.2.- Links and information provided by third parties.

Humpier may host, temporarily or permanently, links and/or hyperlinks that redirect users to other pages or websites.

If they exist, these links and/or hyperlinks, will have the sole purpose of facilitating and allowing access to content and/or services that may be of interest to users, not being managed or controlled by those responsible for Humpier destination pages or websites.

Users are informed that Humpier does not proceed to prior control, nor approve, nor authorize, nor supervise, nor endorse the contents, services and any other type of information provided by third parties, whether natural or legal persons, that may be linked or whose access is provided through this web page, the user being the sole responsibility of the relationships that he maintains or establishes with the persons or entities whose web pages the user visits through said links.

Therefore, Humpier does not assume any responsibility, either direct or indirect, derived from the connections that may be made, or from the contents that are accessed through the aforementioned links and/or hyperlinks, nor does it guarantee technical availability, legality, veracity, usefulness, quality, reliability, accuracy, correctness or morality of the content, information and/or services accessed through said links, as long as said content and/or services are not directly managed or controlled by Humpier.

The inclusion of external connections, links and/or hyperlinks will not imply, in any case, the existence of an association, relationship or participation of Humpier with the entities or third parties connected.

The user assumes, under his exclusive and sole responsibility, the damages or losses that may be caused as a result of the use he makes of the web pages linked from the site www.humpier44.com

4.3.- Advertising.

Humpier may host, provisionally or permanently, banners, logos, advertisements or other advertising media, and/or be sponsored certain content and/or services made available to the public through the website.

In the event of this advertising or sponsorship, advertisers and sponsors will be solely responsible for assuring and guaranteeing that the advertising material meets each and every one of the legal requirements that may be applicable.

Those responsible for Humpier do not assume any responsibility, either direct or indirect, regarding any errors, inaccuracies, illegalities and/or irregularities that may be incurred in the advertising or sponsorship content, made available to the public, in your case, through the Humpier website.

The user will be solely and exclusively responsible for all those contractual or extra-contractual relationships that, when appropriate, may be entered into with advertisers and/or sponsors, as well as participation in contests, promotions or the sale of goods and/or services.

In the event of such legal relationships, they will be understood as carried out solely and exclusively between the user and the third party, advertiser or sponsor, whether the latter is a natural or legal person, and Humpier is not responsible for said legal relationship in no case.

5.- Industrial and Intellectual Property.

The ownership of each and every one of the Industrial and Intellectual Property rights of this website, its graphic designs and the information and codes that they contain belongs to Humpier SL, unless otherwise expressly indicated.

Likewise, the ownership of the software, trademarks, trade names, domain names, and any other content susceptible to application and/or industrial or commercial application included in this website, belong to those responsible for Humpier, unless there's an expressly indication of a different ownership.

All those intellectual works, trademarks and other distinctive signs, graphics, texts, logos, icons and, in general, all those signs and/or utilities protected, or likely to be protected by the laws regulating Industrial Property and Intellectual Property made available to the public through this website, and whose ownership does not belong to those responsible for Humpier, but to third parties, whether physical or legal, have been included with the prior express authorization of their legitimate owners.

The fact that Humpier makes available to the public signs and/or utilities that may be protected by Industrial and Intellectual Property Law does not allow us to understand, in any case, that any license to exploit them is granted, since in whole or in part, without the express written authorization of their owners, whether they are those responsible for Humpier, whether they are third parties, physical or legal.

The user undertakes and expressly agrees to respect each and every one of the industrial and Intellectual Property rights that protect works, content, trademarks or other distinctive signs and/or domain names, which can be accessed through this web page.

The performance by the user of any act of reproduction, distribution, public communication or other forms of transformation and, in general, any form of exploitation of content and works to which the user has access through this website, either partially or totally, is expressly prohibited, unless expressly authorized by its legitimate owners and obtained in writing and/or, in some cases, authorized by Law.

6.- Modification of the General Conditions of Use.

Those responsible for Humpier reserve the right to modify, totally or partially, these General Conditions of Use, including, modifying or eliminating the clauses they deem necessary, without prior notice, and at the time they deem appropriate.

7.- Jurisdiction and applicable jurisdiction.

These General Conditions are governed by Spanish law. The parties submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's domicile.

Humpier, in its capacity as a merchant established in the EU that celebrates contracts for the sale or provision of services online, offers at this link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES, the possibility for its users to solve any problem of online consumption in a fair and efficient way, without going to court.

GENERAL CONDITIONS OF CONTRACT.

1.- Placing the order.

To place an order at Humpier, the user must connect to the website http://www.humpier44.com/, and proceed to register or identify himself as a user, in accordance with the provisions of section 1 of the General Conditions of Use (“Terms of Service”), completing at all times the identification or registration form that appears in the store and following the instructions indicated by the website itself.

The validation of the order by the user means that the user expressly states their knowledge of these General Contract Conditions and their acceptance as the text of the purchase-sale contract. Unless proven otherwise, the data recorded by Humpier constitutes proof of the set of transactions carried out between those responsible for Humpier and potential customers.

Once the order process has been completed, and as soon as possible, Humpier will send the user an order and purchase receipt, which will be sent to the e-mail address provided by the user at the time of registration and identification in Humpier.

2.- Availability of the products.

The selection of products offered by Humpier is valid as long as the products are visible on the website and within the available stock limits.

Users are informed that, when a product offered by Humpier is out of stock, or temporarily unavailable, it will be marked as out of stock or unavailable as soon as possible.

Likewise, in the event that at any time there is a stock out or punctual unavailability of an item, those responsible for Humpier will communicate it by email to the email address of the client who is affected by said situation as soon as possible.

Humpier users and customers are informed that, in the event that the customer places an order for several items that present different availability, the delivery and delivery time will be computed and will be carried out according to the longest expected delivery.

In exceptional cases, Humpier reserves the right to break down the order, and send it separately.

3.- Shipping methods and terms.

We currently ship worldwide. Those responsible for Humpier will send the products purchased to the address that the client has provided when completing their registration and identification in Humpier, or when carrying out the ordering and purchasing process of the products.

The mode of shipping orders currently offered by Humpier is the following:

– Home courier delivery: The home courier delivery service is available for shipments to be made worldwide.

It is reported that transport companies, in general, do not make deliveries on Saturdays, Sundays, or holidays - (except prior notification of the client) whether they are national, regional or local. In case If you need a delivery these days, please contact clientes@humpier44.com

The delivery of the merchandise will be made at the address designated by the sender, except for repeated (up to two occasions) absence of the recipient. 

In the event that the client detects a problem at the time of delivery of his order (damaged packaging, damaged products, lack of products, among others), he must notify those responsible for Humpier, through sending an email to the following address: Customer Service Department clientes@humpier44.com indicating the reference and order number in the subject line. 

Free physical pickup at Donto Store. Calle Guzmán el Bueno 72, Madrid, Spain 28015.
Open Monday to Friday from 10:00 a.m. to 8:00 p.m. and Saturdays from 10:30 a.m. to 3:00 p.m.
Before picking up at the store, the customer will be notified via email and it will be essential that they carry both the order number and the name of the user who made the purchase.

 

4.- Shipping costs. Delivery times (broken down)

Humpier currently ships worldwide. 

For shipments included in the Peninsula, shipping costs are free for orders over €80 (except promotions announced on the web on specific occasions), in the case of less, the customer must pay a total amount of €4.95 for the Peninsula and Portugal and the Balearic Islands, choosing the standard shipping method. There is the option of express shipping by paying a total amount of €6.95 for the Peninsula and Portugal. The rates for shipments outside the Peninsula, the Balearic Islands and Portugal, in the case of Europe and the United States are explained below. 

* Shipping costs will not be refunded in case of return.

The prices detailed in this paragraph are VAT included. 

• Peninsula, Portugal: €4.95 VAT included
• Balearic Islands:  €4.95 VAT included.
• Canary Islands: €9.95 VAT included.
• European Union: €9.95 VAT included.
• Rest of Europe: €12.95 VAT included.
• United States and Canada: €24.95 VAT included.
• Rest of the world: €34.95 VAT included.

The delivery time of the product to the client for the Peninsula, Portugal and the Balearic Islands is between 3 and 4 working days for standard shipments. 24 hours, for express service. Canary Islands between 4 and 5 working days under normal conditions.

For the rest of shipments in the European Union between 4 and 5 working days under normal conditions.

For the rest of Europe and the United States, the term ranges from 5 to 10 business days.

For the rest of the world, consult.

Shipping may be delayed if there are few stocks of the chosen product. In case of delays or delays in the delivery process, the client will be notified by email. 

Humpier is understood to be exempt from problems or delays with shipment in different situations:

• Problems with places and delivery areas.
• Extraordinary times and situations.
• Extraordinary weather conditions.
• Wrong shipping and contact information.

Shipping costs will be shown separately before finalizing the purchase, when necessary. This expense will be added to the final price of the items selected through the Humpier website.

5.- Forms of payment.

The payment methods currently offered by Humpier are the following:

• Payment by VISA or MASTERCARD card or Apple Pay or Google Pay or Bank Transfer or Bizum or financing through ClearPay or Klarna: Payment by VISA or MASTERCARD card will be made in accordance with the requirements and protocols established by the issuing entity of the corresponding credit card, making the charge according to the conditions established by the aforementioned entity. 

In the event that the system reports the denial of the card, the order will be automatically canceled, informing the customer of said cancellation online.

• Payment via PayPal. Directly, to the Humpier account, which is offered at the end of the payment. 

• Payment by Bank Transfer. Indicating the name and surname, as well as the order number. Transfer will be made to the IBAN number indicated below. ES77 0081 1539 8500 0145 2955. The shipment will not proceed until the total amount of the transfer has been received. 

• Payment through Bizum: Following the instructions indicated at the time of payment.
• Payment through ClearPay: Payment mechanism to divide the total amount of the amount paid in installments. Conditions subject to the aforementioned entity. https://www.clearpay.com/es-ES/como-funciona.

Humpier SL, is not responsible for any eventuality that may occur in the payment process by credit card, and that comes from the requirements established by the credit card issuer, or breach of the requirements established by the international regulations on Electronic Commerce Security.

In this sense, credit card payments that do not meet the requirements established in the previous paragraph will not be accepted, refunding the amount charged, when appropriate, to the original card.

6.- Right of withdrawal, change and returns. 

The user has a period of 15 calendar days from the date of receipt to execute the right of withdrawal. These days can be booked in exceptional circumstances. Purchases made during the Christmas period (from December 1 to January 1) will have a period of 30 calendar days from the date of receipt to exercise the right of exchange or withdrawal.

In any event, situation or context, changes and returns for orders within the Peninsula and Portugal have no charge, they are free (costs derived from transport and handling are assumed), except if you have already made a change / return of the same request. From the first change on, the cost of transport and handling is €8. For orders outside the peninsula, the charge for change and return will be consulted.

To proceed with the return of the product, the customer must  register their return/exchange request through this form, you will only need the order number and the email with which you made the request. Items must be in the same condition that they were received. You will immediately receive both the return/exchange label by email, as well as the refund in the original payment method or through an IBAN number.

The reimbursement of the amounts paid by the client will be made through the means of payment used by the client in the purchase or by bank transfer, without undue delay, and, in any case, before 30 natural days have elapsed from the date on which you inform us of your decision to withdraw.

Those responsible for Humpier will reimburse the customer for the price of the product once the item to be returned is received within the stipulated deadlines, and the condition of the product to be returned has been verified.

Exceptions to the right of withdrawal.

• Products manufactured according to customer specifications or clearly personalized, will not accept changes or returns, except those that have clearly visible manufacturing defects.

For all those products that meet the following points below, exchange, returns or withdrawal will not be accepted under any circumstances. 

• In case the garment has been tampered with.
• In case the garment has been washed.
• In case the garment gives off some kind of odor.
• In the event that the client's request is received after 30 calendar days. Except for purchases made during the Christmas period (from December 1 to January 1), which will have a period of 30 calendar days.

In any circumstance, Humpier reserves the right to change, return or withdraw the chosen garment according to criteria and assessment of the state of the product.

The return, exchange or withdrawal will be approved once the corresponding quality control has been passed.

The following products: stickers, also do not accept returns.

7.- Doubts, requests, complaints, information, contact.

We love talking to you, we love that you tell us about your adventures, your doubts. We want to help you! You will be assured of an answer in less than 24 hours. Write to us at clientes@humpier44.com

8.- Warranty of the products.

The warranty period for the products offered by Humpier is two years after the product is delivered. The user must report the lack of conformity within two months of becoming aware of it.

Notwithstanding the foregoing, users are informed that said guarantee period does not include, in any case, deficiencies of the products that are caused as a result of negligence, incorrect use, improper manipulation, worn materials as a result of misuse and, in general, any other type of non-diligent action by the client in relation to the product.

In those cases in which the use of the product guarantee by the client is justified, Humpier will proceed to replace the item, discount or refund, by virtue of what is established by current regulations on the matter, procedures that they will be free for the user.

To make use of the guarantee, it is essential to present proof of purchase. The client must send an email to the address clientes@humpier44.com and wait for the instructions that will be sent to his email.