1. INTRODUCTION

This document (together with all the documents mentioned herein) establishes the conditions governing the use of this website (www.hiplus.com and the purchase of products in the same (hereinafter, the “Terms”).

Please read carefully the present terms and Conditions, our Cookies Policy and our Privacy Policy (collectively, the “Data Protection Policies”) carefully before using this web page. By using this website or placing an order through it you agree to be bound by these Terms and p or our Data Protection Policies, so if you are not in agreement with all the Conditions and Policies of Data Protection, you must not use this website.

These Conditions may be modified. It is your responsibility to read them periodically, as they will be applicable to those that are in effect at the time of ordering or in defect of these, at the time of use of the website will be applicable to you.

If you have any questions regarding the Terms or the Data Protection Policies you may contact us through our contact form.

2. OUR DATA

The sale of items via this website is held under the name HIPLUS by CALZADOS FERNANDO GARCIA, SL, society with Spanish nationality, with domicile in Madrid, Calle Clara del Rey 39, 3 Door 32 and CIF number B-82.213.729 registered in the Mercantile Registry of Madrid, Volume 13.811, General Section, Folio 174, Hoja M-225.751, telephone 91 413 31 00 and e-mail hiplus@hiplus.com.

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide to us about you will be treated in accordance with what is established in the Data Protection Policies. When making use of this website you consent to the processing of such information and data and declares that all information or data you provide to us are true and correspond with reality.

4. CONDITIONS OF PURCHASE

If you want to acquire models HIPLUS, you can choose one of the three modalities of purchase that we offer:

• Personally in our Madrid office.
• By phone within our opening hours.

Purchase in person:

Shopping in person, you can only make in our Madrid office in calle Clara del Rey, number 39, third floor, gate 327, a straight right, within our opening hours to the public.

If you come to for a model, color, and number of foot specific please call us before, to ask if we have it in the store. If you only come to see, in general, all the models, don’t have to call, always and when you come within our working hours, or if off or a public holiday or a bridge.

Telephone purchase:

If you want to make your purchase by phone, you can call us at 91 413 31 00, within our opening hours and we will gladly answer them.

Keep in mind that the web deals will not apply to purchases by phone or in person by coming to our store. In both cases, the price will be listed in the catalog.

Purchase on-line:

If you want to buy through our web, you can do it 24 hours a day, every day of the week.

Once we receive your order, it will be shipped the first business day if there are stock. Except that we were closed for holidays.

To place your order through our website, has to do the following:

5. USE OF OUR WEB SITE

When making use of this website and place orders through the same you agree to:

1. Make use of this website only to make legitimate enquiries or orders.
2. Not to make any order false or fraudulent. If it reasonably could be considered has been made an order of this kind, we shall be entitled to cancel the order and inform the relevant authorities.
3. Give us your email address, postal address and/or other contact details truthfully and accurately. Also, you consent that we may use such information to contact you if necessary (view our Privacy Policy).

If you do not give us all the information we need, we may not be able to complete your order.

By placing an order through this website, you declare to be over 18 years of age and have the legal capacity to celebrate contracts.

6. PURCHASE AS A GUEST

This website also allows the purchase through the functionality of purchase as a guest. In this mode of purchase, you will solicit only the information necessary to process your order. Once completed the purchase process, you will be offered the possibility of registering as a user or continue as a non-registered user.

7. TO PLACE AN ORDER

You can register as a user from “my account” or place an order as a guest. From the moment you register, you will receive in your e-mail all of our communications and will be able to make purchases, indicate multiple shipping addresses, view and track your orders, and much more. After identification as a user, will be automatically sent to your e-mail confirmation of registration, reminding them of the access data.

To select the desired product you have to do is click on it, the tab of each product will indicate its price, type, size, material, features, and description that may be of interest to you. During the process of selection of products, you have the possibility to modify the content of the “shopping Cart”, delete items, add new and modify the amount requested.

After you confirm the items you want to purchase, you have to do is click on “Confirm Purchase”.

Once you have confirmed the information of your order (article, price, delivery address and billing), and accepted the General Conditions of contract, you can choose as payment options:

• Credit card (VISA, Mastercard):. If you have activated the card by your bank for secure Internet payments.

By clicking on “Authorize Payment” you are confirming that the credit card is yours or that it is the legitimate holder of the gift card or the credit voucher card. Credit cards are subject to validation checks and authorisations by the entity issuing the same, but if said entity does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to formalize any contract with you.

• Against-reimbursement. Handing over the money to the receipt of the order.
• Bank transfer through the platform Trusly.
• Paypal

After this, you will receive an e-mail acknowledging receipt of your order (the “Order Confirmation”).

For shipments outside the peninsula the means of payment are set out in clause 13.

8. TECHNICAL MEANS TO CORRECT ERRORS

In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this web page, you can modify them in the “My Account”section.

You may exercise your right of rectification referred to in our Privacy Policy through the email: hiplus@hiplus.com

This web page displays confirmation windows in various sections of the purchase process that does not allow you to proceed with the order if the data of these sections have not been provided correctly. Also, this web page provides the details of all the items that you have added to your basket during the purchase process, so that, before you make the payment, you will be able to modify the data of your order.

If you find an error in your order subsequent to the completion of the payment process, you should get in contact immediately with our customer service, on the phone or on the email address mentioned above, to correct the error.

9. AVAILABILITY OF THE PRODUCTS

All orders are subject to the availability of the products. If you encounter difficulties regarding the supply of products or if they are not in stock, we will refund any amount you might have paid.

We do not ship outside of mainland Spain, any product whose price is below 100 euros. Unless that is part of a shipment that includes one other product whose price is higher than 135 euros.

10. DELIVERY

Unless there are circumstances arising out of the customization of the products, or arising from unforeseen circumstances or extraordinary, we will send the order consisting of the product/s listed in each Delivery Confirmation within the term specified in the web page according to the method of shipping selected and, in any case, within a maximum of 5 working days counting from the date of the Order Confirmation to the national territory and 5 to 10 business days for orders to be delivered outside the national territory of Spain.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance, and we will give you the option to go ahead with the purchase setting a new delivery date or cancel the order with a full refund of the price paid. Keep in mind, in any case, that we do not make home deliveries on Saturdays or Sundays.

For the purposes of the present Conditions, is understood to have produced the “delivery” or the order has been “delivered” at the time in which you or a third party indicated by you acquires the material possession of the products, which will be credited by the signature of the receipt of the order at the agreed delivery address.

11. IMPOSSIBILITY OF DELIVERY

If it is impossible for us to effect the delivery of your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. Also, we will leave a note explaining where your order is and how to do to be sent again. If you are not going to be at the delivery location at the agreed time, we ask that you contact us to arrange delivery for another day.

In the event that, within 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we understand that you want to cancel the contract and we’ll consider it solved, in the case of that according to be general conditions and the applicable law you have the right to withdraw from the contract. As a result of the termination of the contract, we will reimburse all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery different than the least expensive type of standard delivery offered by us) without undue delay and, in any case, within a maximum period of 14 days from the date that we consider termination of the contract. Please, keep in mind that transport derived from the resolution can have an additional cost, so that we will be authorized to repercutirle the corresponding costs.

If within the aforesaid term of 15 days since your order is available for delivery, the order has not been delivered for reasons not attributable to us and you don’t have a right to withdraw from the contract, the order will be returned to our warehouse awaiting your instructions for re-delivery. In any case, the transport costs will be for your account.

12. PASSING OF RISK AND PROPERTY

The risks of the products will be your responsibility from the time of its delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in connection therewith, including the cost of shipping, or at the time of delivery (according to the definition contained in clause 10 above), if this takes place at a later time.

13. PRICE. SHIPPING

The prices on the website include VAT, but exclude delivery costs, which will be added to the total amount due.

The prices can change at any time, but (except as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Shipments to the Peninsula

If your purchase is greater than € 100, we offer FREE DELIVERY to your door by courier, on delivery or prior payment with credit card, within a maximum of 5 working days.

You can also request express delivery, an additional fee of 10 euros and delivery time of 24 to 48 hours, if no stock.

In the event that your purchase was less than 100 euros, it would take a fee of postage of 10 euros.

Shipments to the Balearic islands will carry a surcharge of ports of ten euros. Those who go to Ceuta, Melilla, Canary islands and Andorra will not include I. V. A. but if you take a supplement of 28 euros of shipping charges, and 27 of the tax of D. U. A. in Addition to the account of the customer any local tax.

The prices shown on the website include applicable VAT: For deliveries to territories where it is not applicable to such a tax, the final price will be reflected in the web page minus the VAT, plus the taxes applicable to the territory of destination.

Shipments to the euro zone countries will charge a supplement of ports 35 euros, and you can only make payment by credit card through our website, the secure payment gateway of the Internet or by Papal. In addition, the excise taxes and taxes that may be applicable to iran for the account of the client. The delivery time will be between 5 and 10 working days. If the purchase is for more than a couple, you would have to ask for quote of postage before making it. If it is outside the euro zone, the amount is what you will see on the web once you’ve put in your zip code and country.

We do not ship outside of mainland Spain, any product whose price is below 100 euros. Unless that is part of a shipment that includes one other product whose price is higher than 135 euros.

14. CHANGES

If you want to make a change of model or number, it will also make delivery and collection at their home, with an additional charge of 22 euros charged to the client. If the models show marks on the skin or on the sole, we will not be able to accept the change. This is only valid for Peninsula and Balearic islands. For Ceuta, Melilla and the Canary islands, the customer, we will send the shoes and once they have received and they are in perfect condition, it will send the that you want to change, with a charge of ten euros for postage.

In the rest of the countries, the customer, we will send the shoes first and once received these in perfect condition, we will send you the change with a charge of postage 25 euro, the countries of the euro zone and 40 to the rest of the world.

Changes are not supported products, made-to-measure, sales order, or sales of products clearly personalized.

15. VALUE-ADDED TAX AND INVOICING

In accordance with the provisions of article 68 of the Law 37/1992, of 28 December, of Value Added Tax, delivery of items means located in the territory of application of VAT Spanish if delivery address is in Spanish territory except Canary islands, Ceuta and Melilla. The VAT rate applicable will be the one legally in force in each moment in function of the particular article concerned.

On orders with destination to the Canary islands, Ceuta and Melilla, deliveries be found exempt from VAT pursuant to article 21 of Law 37/1992, without prejudice to the application of taxes and tariffs in accordance with the regulations in force in each of these territories.

Regulation of sales outside of Spain (the countries of the euro area or outside the euro zone) shall apply, in your case, the taxes that are applicable in each moment.

The issuance of the invoice will be on paper.

16. RETURNS POLICY

16.1 legal Right to cancel the purchase Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification.

The withdrawal period shall expire 14 calendar days from the day you or a third party by you indicated, other than the carrier, acquired the physical possession of the goods or in case that the goods that make up your order are delivered separately, 14 days from the day you or a third party by you indicated, other than the carrier, acquired the physical possession of the last of such property.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement (e.g. a letter sent by postal mail or email). You may use the model withdrawal form Annexed to these Conditions, although its use is not mandatory.

To meet the withdrawal deadline, it is sufficient that the communication concerning the exercise of this right is sent before the expiry of the term.

16.2 Consequences of a withdrawal

In case of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery different than the least expensive type of standard delivery offered by us), without undue delay and, in any event, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of the refund. Notwithstanding the foregoing, we may withhold the reimbursement until we have received the goods back, or until you have submitted proof of the return of the same, depending on what condition is met first.

You must return or surrender the products to our delegation in Madrid, or apply on our website the refund via a messenger/Courier, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. Shall be deemed to meet the deadline if making the return of property before the end of that period.

Except that you may make the return of the goods in our Madrid office, you will assume the direct cost of returning the goods.

Only you will be responsible for the diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

We reserve the right to refuse returns communicated or sent after the deadline, or items that are not in the same condition in which they were received. If the models show brands for use on the skin or on the sole, have been used, we cannot accept the exchange or return.

16.3. Common provisions

You will not have the right to withdraw from the contract whose object is the supply of any of the following products:

– Supply of goods made to your specifications or goods clearly personalised.

– Goods sealed for hygiene reasons that have been unsealed after delivery.

Your right to withdraw from the contract shall be applied exclusively to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the same, for products that are not in the same condition in which it is delivered or who have suffered any damage, so you must be careful with the/the product/s while they are in your possession. Please return the item using or including all original packaging, instructions and other documents which in his case to join him. In any case, you need to deliver along with the product to return the ticket which will be received at the time of product delivery duly completed.

You will be responsible for the costs of the return. Please, keep in mind that if you decide to return the goods to us freight collect we may charge you the costs that we may incur.

After examining the article, we will tell if you have the right to a refund of the amounts paid. The reimbursement of transportation expenses only will be done when the right of withdrawal is exercised within the statutory period and returning all of the items that comprise the order in question. The refund will be made as soon as possible and, in any case within a period of 14 days from the date that you told us about your intention to withdraw. However, we may withhold the reimbursement until we have received the goods back, or until you have submitted proof of returning the goods, whichever is the first. The refund will be made always in the same means of payment as you used for the purchase.

You will bear the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us through our Contact form.

16.4. Returns of defective products

In cases where you consider that at the time of delivery the product does not conform to what is stipulated in the contract, you should contact us immediately via our contact form, providing details of the product as well as the harm that they suffer.

The product you may return it deliver it to a courier who we will send to your home address or by sending it to the address indicated on the ticket that you receive with the product at the time of delivery.

We will examine the returned product carefully and notify you by e-mail within a reasonable period, if applicable, the refund or the replacement of the same (in your case). The reimbursement or replacement of the article shall take place as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the item in question.

The amounts paid for products that are returned because of any tare or defect, when it exists, will be refunded in full, including delivery charges incurred to deliver the item to you and the cost incurred by you in returning the item to us. The return will be made on the same means of payment used to pay for the purchase.

Stay in any case unless the rights recognized by the legislation in force.

17. WARRANTIES

If you are contracting as a consumer and user, we offer you guarantees on the products sold through this website, in the terms legally established for each type of product, responding, therefore, by the lack of conformity is manifested in a period of two years from delivery of the product.

It is understood that the products are in conformity with the contract, provided that (i) will conform to the description given by us and possess the qualities that we have presented in this web site, (ii) are fit for the uses ordinarily made of the products of the same type and (iii) present the quality and habitual service of a product of the same type that are reasonably expectable.

In this regard, if any one of the products was not in conformity with the contract, you must bring it to our knowledge by following the procedure detailed in paragraph 13.4 above and through any media intended for that purpose.

The products we sell, especially the skin products, they can often present the characteristics of the natural materials that are used in its manufacture. These features, such as variation in grain, texture, knots and color, shall not be considered defects or flaws. On the contrary, they should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.

18. RESPONSIBILITY AND EXONERATION OF RESPONSIBILITY

Unless otherwise expressly provided in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the purchase price of such product.

However, and except for the legal provision to the contrary, we will not accept any liability for the following losses, regardless of their origin:

i. loss of income or sales:

ii. loss of business;

iii. loss of profits or contracts;

iv. loss of anticipated savings;

v. loss of data; and

vi. loss of management time or office hours

Due to the open nature of this web page, and to the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained through this website, unless expressly provided otherwise in the same.

19. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other rights of industrial and intellectual property rights on materials or contents provided as part of the web page correspond to us at all times to us or to those who grant us license for their use. You may make use of such material only in the way as expressly authorized by us or our licensors for your use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contact data.

20. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not make undue use of this website by the deliberate introduction into it of viruses, trojans, worms, logic bombs or any other program or technologically harmful material or harmful. You will not try to gain unauthorized access to this website, the server on which that page is hosted or any server, computer or database connected with our web page. You agree to not attack this website via a denial of service attack or an attack of distributed denial of service.

The non-compliance of this clause could lead to the commission of offenses defined by applicable regulations. Will notify you of any breach of such regulations to the competent authorities and we will co-operate with them to discover the identity of the attacker. Also, in case of a breach of this clause, shall 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 program or technologically harmful material or harmful that may affect your computer, computer equipment, data or materials as a result of the use of this web site or the download of any contents from the same or the same redirect.

21. LINKS FROM OUR WEB PAGE

In the event that our website contains links to other websites and materials of third parties, these links are provided for information purposes only, without us having any control whatsoever over the content of such web sites or materials. Therefore, we do not accept any responsibility for any loss or damage resulting from its use.

22. WRITTEN COMMUNICATIONS

The applicable legislation demands that part of the information or communications we send you be in writing. By using this website, you agree that the greater part of such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this web page. To contractual effects, you agree to this electronic means of communication and acknowledge that all contract, notification, information and other communications that we provide to you electronically comply with the legal requirements of being in writing. This condition does not affect their rights recognized by law.

23. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding both for you and for us, as well as for our respective successors, assigns, and successors in title.

You may not transfer, assign, encumber or in any other way transfer a contract or any rights or obligations arising from it, without having obtained our prior written consent.

We can transmit, cede, encumber, subcontract or in any other way transfer a contract or any rights or obligations arising from it, at any time during its term. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, in your case, you, as a consumer, have recognized by law or cancel, reduce or limit in any way the guarantees, both express and implied, that have been provided.

24. EVENTS OUTSIDE OF OUR CONTROL

We will not be liable for any failure to perform or delay in performance of, any of the obligations, when the same is due to events that are outside our reasonable control (“Force Majeure”).

The Causes of Force Majeure event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and among others, the following:

• Strikes, lockouts or other industrial action.
• Civil commotion, riot, invasion, threat, or terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government or public authority.

It is understood that the obligations will be suspended during the period that the Force Majeure event continues, and we will have an extension in the deadline to comply with such obligations for a period of time equal to the duration of the Force Majeure. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that will allow us to meet our obligations despite the Force Majeure.

25. DISCLAIMER

The lack of requirement for our share of the strict compliance on your part of any of the obligations assumed by you under a contract or these Conditions or lack of exercise by us of rights or actions that we may correspond under of this agreement or the Conditions shall not constitute waiver or limitation whatsoever in connection with such rights or actions nor shall exempt you from compliance with such obligations.

No waiver by us of a right or action will constitute a waiver of other rights or actions derived from a contract or the Conditions.

No waiver by us of any of these Conditions or of the rights or actions derived from a contract shall be effective unless it is expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the provisions of the paragraph on Notices above.

26. PARTIAL INVALIDITY

If any of these Conditions or any provisions of a contract were declared null and void by a final decision of a competent authority, the remaining terms and conditions will remain in force, without be affected by said declaration of nullity.

27. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the entire agreement between you and us relating to the subject matter thereof and supersede any other covenant, agreement or promise previously agreed between you and us verbally or in writing.

You and we acknowledge having consented to the conclusion of a contract without having relied on any representation, undertaking or promise given by the other or be implied from anything said or written in the negotiations between the two before the same, except as expressly stated in these terms and Conditions.

Neither you nor us shall have action against any untrue statement made by the other party, verbally or in writing, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only action available to the other party shall be for breach of contract in accordance with the provisions of the present terms and Conditions.

28. MODIFICATION GENERAL TERMS AND CONDITIONS

We have the right to revise and amend these Conditions at any time.

You will be subject to the policies and Conditions in force at the time that use this web page or make each order, unless by law or decision of governmental bodies we must make changes retroactively to those policies, Conditions or Privacy Statement, in which case, possible changes will also affect orders previously made by you.

29. APPLICABLE LAW AND JURISDICTION

The use of our website and purchase contracts of products through this website shall be governed by the Spanish legislation.

Any dispute arising out of or related to the use of the website or with such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause shall affect the rights that, as such, recognizes the legislation in force.

30. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be well received. Please send us such comments and suggestions, as well as any query, complaint or claim, through our contact form, phone number or postal address or email indicated in clause 2 of these Conditions.

In addition, we have an official complaint book at the disposal of consumers and users. You may request them through our contact form.

Their complaints and claims with our customer service will be answered in the shortest time possible and, in any case, within the term legally established. Also, will be registered with a key identifying that we will put in your knowledge and allow you to make tracking of the same.