Purchase Specific Terms
PLEASE READ CAREFULLY THE FOLLOWING PURCHASE SPECIFIC TERMS. YOUR USE OF THE SERVICES DESCRIBED BELOW CONSTITUTE YOUR PRIOR, EXPRESS AND COMPLETE ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.
IF YOU ARE NOT IN AGREEMENT WITH THESE SPECIFIC TERMS DO NOT USE THE SERVICES.
THESE SPECIFIC TERMS FORM AN INTEGRAL PART OF THE WEBSITE´S LEGAL NOTICE
These Specific Conditions regulate the terms that are applicable to the purchase of the products and/or services that are, at any time, offered through the purchase platform accessible via the Website (hereafter, the Service).
The Service is intended solely for adult Users that possess the legal capacity to understand and accept these Specific Terms and to comply with the obligations contemplated herein (hereinafter, Buyer). By using the service, you represent and warrant that you are either 18 years of age or older and are fully able and competent to enter into and to abide by the terms and conditions set forth herein.
Likewise, in order to use the Service, Users shall be previously registered, by completing and submitting the relevant form. Registered user status is an autonomous and independent relationship from then one that may be derived as a result of the use of the Service and, consequently, the termination of the use of the Service shall not imply the suspension and/ or termination of the registered user condition.
The Service is made available to Users for its use for strictly personal and private purposes. Users are expressly prohibited from using the Service for resale purposes and, in general, for allowing unauthorized third parties to access and use the Services and/or the contents therein.
The publications in digital format will only be compatible with the operating systems that you are informed of at the given time.
¡HOLA! is the entity responsible for this website. We apply security protocols for sending information, duly encrypted to guarantee maximum security and confidentiality, being hosted on a secure server certified according to the "Transport Layer Security" (TLS) protocol. For further information, please visit the SECURITY section, which is an integral part of this Specific Terms.
2. PRODUCTS AND SERVICES.
Through the Service, publications of a diverse nature, themes and formats (digital and paper) are made available to Buyers, which can be acquired either, by subscription or purchase by units. Likewise, the Company reserves the right to offer the purchase of certain publications only in and for specific territories. When this is the case, it will be expressly stated.
Regarding the publications in digital format, the access and reading of them will take place through the ¡HOLA! app that the Buyer shall previously download into a compatible device. Digital publications are not provided in PDF format
2.1.1 PURCHASE OF SUBSCRIPTIONS
The amount of the subscription is shown in local currency and, except where expressly stated otherwise, includes applicable taxes.
Subscription or renewal will be activated upon receipt of payment.
With regard to payment by credit or debit card, a Buyer must be the owner of the card which is used as means of payment or have obtained the relevant authorization from the legitimate holder, and without exceeding the limits, if any, that had been established by the entity issuing the card, the Buyer being solely responsible for the consequences resulting from any breach of herein stated.
The Buyer shall provide accurate and truthful information at the time of executing the Subscription, and shall keep them updated, being of its sole responsibility the costs or expenses incurred in case of breach of the foregoing.
Shipping costs are included in the subscription price.
In relation to subscriptions with home delivery, the Buyer will be responsible for communicating to the Entity any incident that may occur, within the following deadlines: 7 calendar days from delivery or expected delivery date (for Spanish subscriptions) or 30 calendar days from delivery or expected delivery date (for subscriptions outside Spain).
If the payment mean chosen by the Buyer results in administration costs or bank charges, it will be executed a subscription for the number of issues corresponding to the net amount received.
Where the Entity receives an amount of money lower than the current price is received, it will be executed a subscription for a number of issues corresponding to the relevant amount of money received.
Prior to the expiration of the subscription, a renewal notice will be sent by email and/or postal mail. If your payment method is Bank Direct Debit or Credit Card, the Company will charge your account or card the then current rate for renewal, unless you expressly indicate your decision to not renew the subscription, by email (email@example.com for Spain, firstname.lastname@example.org for United Kingdom or email@example.com for USA) or by phone (0034 – 917 811 820).
Changes of shipping postal address must be requested at least fifteen days in advance.
The Buyer will have a 14 calendar days term, as from the execution of the subscription, to withdraw from it, which shall be notified to the Entity by email (firstname.lastname@example.org for Spain, email@example.com for United Kingdom or firstname.lastname@example.org for USA). The previous right will cease to be applicable if, before the end of 14 calendar days term, the Buyer access to and/or received a publication.
Once ended the above 14 calendar days term, any subscription may be canceled at any time, at the request of the Buyer, but the Entity shall be notified by email (email@example.com for Spain, firstname.lastname@example.org for United Kingdom or email@example.com for USA). The amount corresponding to the issues not yet sent will be refunded. Bank charges and management fees derived from the cancellation will be deducted from the total amount to be refunded.
2.1.2. PURCHASE BY UNITS
Provisions in letters a), b), c), d), f), g), h) and j) in section 2.1.1 above are applicable to this section. Shipping costs are not included in the purchase price. Said costs will be informed to the Buyer prior to the execution of the order.
2.2 DIGITAL PASTIMES
Through the Service, pastimes are made available to Buyers to resolve or execute through digital media, and can be acquired, either on monthly or on a yearly basis.
The purchase of the digital pastimes service entitles the Buyer to access the contents that, at any time, are offered on the Website, without limitation of number. The applicable administration costs or bank charges derived from the use of the payment mean are not included within the price; said amounts will be informed to the Buyer prior to the execution of the order.
Provisions in letters a), b), c), d), i), k) and l) in section 2.1.1 above are applicable to this section.
2.3 PRODUCTS WITH BRAND ¡HOLA!
2.3.1. INFORMATION ABOUT THE PRODUCTS. AVAILABILITY
a) General information
The descriptions and photographs related to the Products offered through the Service, as well as the commercial names, brands or distinctive signs of any kind therein contained, are intended to provide as much information as possible. However, the Buyer shall take into account that they have an indicative purpose and, consequently, are not exhaustive.
The prices, offers, promotions or discounts announced in the Service are exclusive and only valid for online orders made through the Service. The published prices are expressed in Euros and are inclusive of VAT and any applicable taxes. The shipping cost is not included in the price and will be informed to the Buyer during the purchase process.
We take all reasonable precautions to ensure that product prices are correct and updated. If we identify an error in the price of the products that are part of your order, we will try to inform you in writing giving you the option of continuing with the purchase of the products at the correct price or cancelling your order.
In the event that there is any discount, increase or additional charge, the Buyer will be informed prior to the same and, where appropriate, will be offered the possibility of choosing one of the different options offered. In the summary of the purchase, the Buyer will also be informed of the total amount, breaking down the different concepts.
Products that, at any time, may be published through the Service, may be purchased, provided they are in stock. In case of lack of stock, the Entity reserves the right to offer the Buyer alternative products, of equal or superior quality without price increase; in any case, the Buyer will be able to refuse acceptance of them and withdraw from his/her purchase.
The Entity reserves the right to decide, at all times, what products are offered to Buyers through the Service, being able to modify and update the catalog at any time and without the need for prior notice.
2.3.2. PURCHASE PROCESS
To start the purchase process, the Buyer shall select the products he/she is interested in, adding them to the shopping cart. After the selection of the products and other options offered, the Buyer will be directed to the confirmation page, where he/she will be able to view all the concepts that are part of the order, so that he/she can identify any error and, where appropriate, proceed to correct it.
If the order is correct and the Buyer does not need to amend any concept of it, he/she will be able to complete the purchase process, by confirming the order and accepting these Particular Terms, which constitute the contract between the Buyer and the Entity.
To complete the purchase process, the Buyer shall have to register him/herself and provide the personal data requested; once registered, it will be enough for the Buyer to identify him/herself.
Once the purchase process is completed, the Buyer will receive the order confirmation via email and the charge of the purchase amount will be made, by the chosen payment method. An order number will be assigned, which shall be indicated in any subsequent communication that the Buyer may make in relation to said order.
The payment of the products will be made by any of the payment means that, at any time, are made available to the Buyers. The holder of the payment mean will be responsible for the transactions executed by using such mean.
2.3.3. DELIVERY OF PRODUCTS
As a continuation of the order confirmation, the products will be delivered, within the period indicated during the purchase process and, in any case of no information, within a maximum period of 30 calendar days from the date of the confirmation of the order.
The shipping methods are those indicated here.
The Buyer (or a third party in his/her name) will receive the products at the delivery address indicated during the purchase process or, failing that, at the address provided during the registration process. The recipient shall verify the order, as well as record on the delivery note any incident observed in relation to the order. The conformity of the recipient with the order implies acceptance of the order and the transfer of ownership of the products purchased.
In case of purchase of products whose sale is prohibited to persons under 18, the Entity reserves the right to carry out, during the delivery process, the relevant checks.
Unless expressly stated otherwise during the purchase process, as a general term, two (2) attempts will be made to deliver the products within 48 hours and, if the same cannot be done, the products will be returned to the warehouse and the order will be cancelled, proceeding to the refund of the amounts paid, once the cost of returning the products to the warehouse (“return cost”) has been deducted.
In the event that any incident with the order (e.g. wrong, damaged or wrong product) may take place, the Buyer shall notify it through the contact data accessible here.
a) Term and form
In general, the Buyer has the right of withdrawal from the purchase made, without justification, within fourteen (14) calendar days from the date the Buyer or a third party designated by the Buyer, other than the carrier, receives the products.
To exercise the right of withdrawal, the Buyer shall notify the Entity of its decision to withdraw from the purchase through an unequivocal declaration (for example, a letter sent by postal mail, fax or email), sent to the contacts details accessible here.
In the above declaration, the Buyer shall provide the order number and specify which product or products he/she exercises his/her right of withdrawal. The Buyer may use the withdrawal form below, although its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication by the Buyer regarding the exercise of this right, is sent before the relevant deadline expires.
The right of withdrawal will not apply in the following cases:
The sale of products made according to the Buyer's specifications or clearly customized.
The sale of products that can deteriorate or expire quickly.
The sale of sealed products that are not suitable for return for reasons of health or hygiene protection and that have been unsealed after delivery.
The sale of products that after their delivery and taking into account their nature have been mixed in an inseparable way with other goods.
The sale of sound or video recordings sealed or sealed computer programs that have been unsealed by the Buyer after delivery.
The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
Contracts concluded through public auctions.
The provision of accommodation services for purposes other than serving as housing, transportation of goods, rental of vehicles, food or services related to recreational activities, if the contracts provide for a specific date or period of execution.
The provision of digital content that is not provided on a support material when the execution has begun with the prior express consent of the consumer and user with the knowledge that consequently, he/she loses its right of withdrawal.
To make use of the right of withdrawal, it is essential that the products are in perfect condition and that they have not been unpacked or unsealed. The products must be returned in their original packaging and seals along with the invoice, if requested. If these requirements are not met, the Entity reserves the right not to accept the return of the products.
Before returning the product, the Buyer must ensure that it is properly protected so that it does not suffer any damage during transport.
In case of withdrawal, all payments received will be returned to the Buyer, including delivery costs (with the exception of additional costs resulting from the Buyer's choice of a delivery method different from the less expensive ordinary delivery method that we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the purchase.
The refund will be made using the same means of payment used by the Buyer for the initial purchase, unless the Buyer has expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund. The Entity may withhold the refund until the products have been received, or until the Buyer has presented proof of the return of the products, depending on which condition is met first.
The Buyer must return the products, sending them to the postal address listed in section a) above, without undue delay and, in any case, no later than within 14 calendar days from the date on which you communicate to us your decision to withdraw from the purchase. The deadline will be considered to have been met if you return the products before the deadline has expired.
The Buyer will assume the direct cost of the shipment derived from the return of the products.
If the product is defective, the Entity will assume the replacement or repair of the product, without any cost to the Buyer. Also, when they apply to the products purchased, the Buyer may make use of the applicable legal guarantees.
5. CONFLICT RESOLUTION.
The Entity is not obliged to participate nor will it use the online dispute resolution system before consumer arbitration bodies. If desired, the Buyer may access the platform for extrajudicial online dispute resolution, accessible at https://ec.europa.eu/consumers/odr/.
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