TERMS OF SALE
(Western Europe, Central Europe, Eastern Europe)
These terms of sale apply to Western Europe, Central Europe, and Eastern Europe.
Please read these Terms of Sale carefully before ordering Products online from the Hurley Platform.
PLACING ORDERS ON THE PLATFORM
ELIGIBILITY TO ORDER
To place an order on the Platform, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with Hurley, and a consumer - not a reseller.
NO PURCHASE FOR RESALE
The Platform is intended solely for HURLEY to sell HURLEY products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of HURLEY product by someone who resells, or intends to resell, the HURLEY product to others (consumers, businesses or any third party). If HURLEY believes you are involved in purchase for resale, HURLEY reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes designing customized items, adding items to your shopping cart and submitting your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you - we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
- the product is not available / in stock;
- your billing information is not correct or not verifiable;
- your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
- you are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with Hurley;
- you are a reseller;
- there was an error in the price displayed on the Platform; or
- we could not deliver to the address provided by you;
- due to an Event Outside Our Control (see below).
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
You can find the available payment methods for each country in the help section of Hurley.com (the “Website”). We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. Payments can only be processed if the billing information can be verified.
We retain title in any product(s) until we have received full payment for such product(s).
PRICES AND CURRENCY
The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to.
Prices are quoted in local currency Euro with the exception of UK and Switzerland, where prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
YOUR TOTAL PRICE
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
Cash on delivery (cod)
If you have chosen the payment method ‘cash on delivery’, the order amount set forth on your shipment confirmation in the local currency of your destination country must be paid in full before receiving your items and signing the delivery sheet. The package can be opened and your items inspected only after the payment is made.
The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
SHIPPING & DELIVERY
DELIVERY – WHERE AND WHEN
We do not ship on certain public holidays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the Website.
Where possible, we try to deliver all items which you have ordered at the same time.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE ‘standard delivery’. Other conditions may also qualify you for free shipping. See the threshold amounts.
RETURNING ORDERS AFTER DELIVERY – DEFECTIVE PRODUCTS
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. In the event your claim is justified, the purchase price and shipping costs will be refunded. The return costs will be free for you.
We moreover remind you that under EU law, we are liable to you for any lack of conformity in a product that becomes apparent within a minimum of two years from delivery of the product and that you have several statutory rights in this context. The foregoing does not limit these statutory rights in any way.
YOUR RIGHT OF WITHDRAWAL
If for whatever reason you are not happy with a product you ordered, you may exercise your statutory right of withdrawal. You can invoke your right of withdrawal by informing us that you want to return the product within 30 calendar days after the product is delivered to you or to a third party indicated by you (other than the carrier) or, if you have ordered multiple goods in one order which are delivered separately, within 30 calendar days after the last product is delivered, without giving us any reason.
If you use your right of withdrawal, you have an obligation to return the products to us without undue delay and no later than 30 calendar days from the day on which you have communicated to us that you invoke your right of withdrawal.
Please make sure that the products you return are complete (e.g. both items of a pair must be returned) and not used in any way other than what is reasonably necessary to decide of you want to keep the products (meaning that you are allowed to try garments or shoes on for fit, but you cannot wear or wash them). If you do not comply with the foregoing and the value of the product diminishes as a consequence thereof, we can hold you liable for such diminished value.
For practical information on how to return, see the Platform. You can also inform us that you want to exercise your right of withdrawal by another unequivocal statement (e.g. by a letter, fax or e-mail). It is sufficient that you send this statement to us before the withdrawal period ends.
If you inform us that you wish to return a product, we shall reimburse to you the purchase price (not the shipping costs), without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to exercise your right of withdrawal. We may however choose to withhold the reimbursement until we have received the products back or until you have supplied evidence of having sent back the products. The return costs are paid by you.
Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account. For practical information on how to return and for refund timelines.
CONDITIONS APPLICABLE TO PRE-ORDERED PRODUCTS
Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch. Due to the nature of pre ordering, the following specific conditions apply to pre-ordered products:
Delivery. Pre-ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment at least 3 working days before such date. Concrete delivery times depend on the moment the product is available in our warehouse. Standard delivery timelines will apply from the moment the pre-ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.
Payment. Unless you have chosen for payment upon or after delivery, the following applies. Your payment will be deducted as soon as the order is received. We will not start the execution of your order prior to having received payment
Product launch date. The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Website.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Sale:
- a) We will contact you as soon as reasonably possible to notify you; and
- b) Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under Cancellation above.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms of Sale.
You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree in writing.
We contract with US Direct E-Commerce Limited trading as eShopWorld to sell and deliver our products to consumers in Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland, and Turkey. If your order is shipping to one of the aforementioned countries where our international shipping is supported by eShopWorld, the contract for the purchase sale and delivery of our products will be between you and eShopWorld, and subject to the eShopWorld Terms and Conditions. If there is a conflict between these Terms of Sale and the eShopWorld Terms and Conditions, the eShopWorld Terms and Conditions will control with respect to your purchase and the delivery of our products.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.
CHOICE OF LAW/JURISDICTION
You agree that the Platform, Terms of Sale, and any dispute between you and HURLEY shall be governed in all respects by Spanish law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of HURLEY products) shall be resolved individually, without resort to any form of class action, and exclusily in the competent courts of Barcelona, Spain.
In case you have a complaint, please contact us.
All claims shall be brought within one (1) year after the claim arises, to the extent allowed under applicable law.