Terms of service

 

General Terms & Conditions of Sale

1. Commercial Policy

1.1 The "seller" Hanken (MIV Events, Lda.) has products for sale on the website www.hankenactive.com, and the "eCommerce" services are available exclusively to end-users / "consumers".

 

1.2 The "Consumer" indicates the individual who acts/buys outside his business or profession. If you are not a “consumer”, we ask that you do not make purchases on the online sales website www.hankenactive.com.

 

1.3 Hanken reserves the right not to process orders received from users who are not "consumers" or those who do not comply with Seller Hanken's general terms and conditions of sale.

 

1.4 These general terms and conditions of sale exclusively regulate the offer, transmission and acceptance of orders placed on www.hankenactive.com between the “consumers” of the Hanken online store (www.hankenactive.com) and the “seller”.

 

1.5 The "Consumer" must provide the "Seller" with an email address, or the data relating to another form of contact, which is correct and complete and accepts that the "Seller" can contact him using these data if he deems it necessary.

 

2. How to place an order

2.1 To order at www.hankenactive.com, the user must have an email account and his browser must be configured to accept cookies and pop-ups, in order to allow the user to enjoy all the browsability conditions of the online store. 

 

Placing an order on www.hankenactive.com is easy:

Find the products you want to purchase;

Add the selected products to the shopping cart;

Finalize the purchase;

Select the payment option;

Review your order;

Proceed to payment and confirm the order;

You will receive an order confirmation by email;

 

Your order is confirmed when you select the "Confirm Payment" / "Pay Now" (Checkout) button at the end of the purchase process.

When Hanken receives your order, a message will appear on the screen with your order number and all the details of the order. The purchase agreement is finalized at that time.

  

An order confirmation is sent to your email. We suggest that you print it out or download this copy for future reference.

 

 We reserve the right not to accept your order or cancel it even after automatic confirmation of your order.

 

By submitting the order form you are accepting the general purchase conditions, as well as other conditions existing at www.hankenactive.com, through links, including the general terms and conditions of use.

 

The seller may not process orders that do not have a sufficient guarantee; when orders are incomplete or incorrect, or the products ordered are no longer available. In the referred cases, we will inform you by email that the sales contract has not been concluded and that the seller has not proceeded with the sale, specifying the reasons for this.

 

If the products presented in the online store (www.hankenactive.com) are no longer available at the time of their last access or when the seller receives the order, the “seller” must inform the “customer” about the unavailability of them within 30 days after receiving the order.

If an order has been placed and paid for products that are no longer available, the seller will refund the money paid for the unavailable items.

 

2.2 Right not to accept the order or cancel the purchase

Hanken reserves the right to refuse any order for any reason. We also reserve the right to cancel any purchase (even if it has already been accepted by us), (among others) in the following situations, exempt from liability for any damages or costs:

The product is no longer available / in stock (payments will be returned);

The billing information is not correct or verifiable;

The order is signalled by our Security Systems as an incorrect order or an order susceptible to fraud;

The transfer for payment of the order was not received by us within a period of 5 days after the acceptance of your order;

If we think you are under 16;

If we think you are a reseller;

It is not possible to deliver to the address provided.

 

2.3 Data verification

After receiving the order, we might perform some checks on it before we prepare it.

These checks can include address verification, credibility and fraud verification. Regarding fraud verification, we perform partially automated checks on all orders to filter out unusual, suspicious or identified transactions that are susceptible to fraud. Suspected fraud will be investigated and, if necessary, prosecuted. By confirming your order it means that you agree to these conditions.

 

3. Guarantees and Product Price Indication

3.1 Payment Methods

You can find the payment methods available in the “Orders & Shipping” section on the “FAQ/Help” page on the website. We do not accept any payment method other than those mentioned. Please do not try to pay by any other means that are not specified. If you do so, we cannot be held responsible for loss of payment or any other damages that may result.

 

3.2 Payment Processing

If you pay with a Credit Card we will deduct the amount due from your account as soon as your order leaves our warehouse. In the case of payment by Credit Card, all details (for example card number or expiration date) will be sent by the encrypted protocol to the company that provides the remote electronic payment services, without third parties being able to access the information transmitted.

 

This information will not be used by Hanken except to carry out the necessary procedures for the purchase or refund, in the event of a return, in accordance with the exercise of the right of return or for reporting, to the police, of cases of fraud.

 

The purchase price of the products and the shipping costs, as indicated on the order form, will be charged to the current account when the purchased products are shipped.

 

4. Order Security

 

4.1 The www.hankenactive.com online store uses the most robust security technology among the encryption platforms available.

Your payment information will be encrypted from the moment you enter until your transaction is processed and will not be stored on a public server. Although we use encryption software, the security of information and payments transmitted over the Internet or via email cannot be guaranteed.

 Hanken cannot be held responsible for any damage suffered as a result of the use of electronic means of communication including, but not limited to, recurring damage from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs, used for virus communications or transmissions.

If you choose to pay by Mbway reference, we will start processing the order, after we have received the payment. This can take several days. Once 5 days have passed after placing the order, and if we have not received any payment, it will be cancelled.

Payments will only be processed if the invoice information can be verified. 

 

5. Reservation of title

Hanken owns the company's products until it has received full payment for all the products rightfully purchased.

 

6. Prices

6.1 The prices of the products displayed on the website contain/include the Added Value Tax (VAT). Shipping charges are applied per order. The exact price of the shipping fee will depend on the country where your order will be delivered. For additional information on shipping rates by country, see the “Shipping Policy” page on the website.

 

6.2 Prices are all quoted in euros. Please note that changing the country of delivery may have an influence on prices due to shipping costs.

6.3 Your total price

The total price specified in the final checkout menu includes taxes and shipping costs. Prices are quoted at the time of order confirmation, which you can print or download for future use. Please pay only the exact amount specified in the order confirmation and make individual payments per order.

6.4 Price changes

The prices of products presented on the website are subject to change. Hanken reserves the right to change prices without notice. The prices displayed at the time of purchase are the prices applied to that purchase.

 

6.5 Price errors

Please note that even though the website is updated with extreme care, it is possible that the price information on the website contains errors. Hanken does not commit to the offer and reserves the right to cancel your order in the event that such an error occurs.

 

7. Quality and guarantee

Hanken does not sell second-hand products, which are defective or of inferior quality to the standards of those on the market. The main characteristics of each product shown on www.hankenactive.com are found on each product page.

 

The products offered for sale on www.hankenactive.com may not exactly match the actual clothing in terms of image and colours, due to the Internet browser and monitor used.

 

If you decide to exercise the right to return products purchased, Hanken has the right not to accept the return of products that have been used, altered from their original state or damaged.

 

8. Shipping and delivery

8.1 Delivery: where and when

We deliver products from Monday to Friday from 9:00 am to 6:00 pm (CET). We do not ship on certain public holidays. We can only fulfil the delivery of an order if the delivery address is a home or office located in one of the countries mentioned in the table on the "Shipping Policy" page on the website. 

 

To receive the order it is necessary to ensure that someone is at the address provided. This service does not include scheduling or appointment options, so the delivery of the order will be made without prior contact by the carrier. We do not guarantee this term in the periods of promotions, sales, Christmas and stock out.

A product is considered delivered, with the signature of the delivery receipt at the agreed address.

 

8.2 Delivery times

If you confirm your order on a business day until 12:00 pm (CET) and proceed with the payment by Credit Card or via Paypal, your order will be shipped within two business days (weekends and public holidays are not considered business days). If you choose to pay by Mbway reference, shipping is less effective, since we will only ship after receiving the payment. This can take between 5 to 7 days.

 

Hanken will not be responsible for non-compliance, or delays in the fulfilment, of any obligation that is due to a force majeure event, that is, an event, act or omission, beyond our reasonable control (Force Majeure Event - which comprises any event, act or omission, beyond the reasonable control of the "Seller").

 

We will try to deliver on time, to the extent that it is commercially reasonable. As a rule, we always do this, however, we cannot guarantee timely delivery.

 

8.3 Parcial Delivery

Whenever possible we will try to deliver everything in just one shipment. However, Hanken reserves the right to split the delivery of the order. For example (but not limited to), if part of your order is late or unavailable. In the event that we proceed with the division of the order, the customer will be notified by email, of our intention to proceed in this way. For this purpose, the email address provided by the customer at the time of purchase will be used.

 

 8.4 Inspection at the time of delivery

Upon delivery, the customer must inspect the packaging in order to ascertain any damage. If the customer finds that the products are damaged, he must not accept the delivery of the order, which will be returned. Hanken will refund the amounts paid for the order and shipping as soon as the warehouse receives and completes the return process.

 

Any complaint about the non-receipt of an order must be made within a maximum period of 15 days from the date of placing the order. At the end of this period, Hanken will not be responsible for its loss.

 

9. Shipping fees

9.1 Shipping fees are applied per order. The exact price of each shipment depends on the country of delivery. For more details on the shipping price by country, please refer to the "Shipping Policy" page on the website. 

 

9.2 Free shipping

If the customer places an order with a value that exceeds the minimum order value defined for his country, available in table on the "Shipping Policy" page on the website, shipping will be done at no cost. 

 

10. Returns and cancellations

10.1 Order cancellation before shipping

The customer can cancel the order, as long as it has not yet been shipped. If the customer places an order and wants to cancel it, he must first, check the status of the order in "Order History" on the "My Account" page, located in the upper right corner of the main page of the website. If the order status is “In process” there is a possibility that it will still be cancelled. However, the customer must contact our Customer Service and request the cancellation of their order. Only after this procedure, is it possible for our Customer Service to ask our warehouse to cancel the order.

 

If the cancellation request is successful, the customer will be notified via email and the cancellation will be processed at no cost to the customer. If the cancellation request is not possible, the products will be sent to the customer. If the intention to cancel the order is maintained, the customer must refuse to receive the products. After this, the products will be returned and, after receipt, the chargeback will be processed.

 

Orders for personalized products cannot be cancelled before shipping, as the customization process is already underway since it starts immediately after receipt of the order. However, the customer can proceed with the return according to the return policies mentioned below.

 

10.2 Return of defective products

The customer has the right to return the delivered items if it is found that they have defects or other non-conformities in relation to the products ordered. The return can be made within 14 days after receiving the order. This does not affect your statutory rights. If your complaint is justified, the price and shipping costs will be refunded. For more information on how to return and refund information, please refer to the "Refund Policy" page on the website. 

 

10.3 Return of products due to free termination of the contract 

If for any reason you are not satisfied with the products you have ordered, you can return them within 14 calendar days after receiving the order, provided that:

The products have not been washed or used (unless the product contains information to the contrary, the customer has the right to try on clothes and shoes to test the size and shape, but cannot use them);

The product maintains its original characteristics and the packaging is not damaged (the carefully opened packaging will not be considered damaged);

The product is complete (ex both items in a pair have to be returned);

 

You cannot return:

Products that have been damaged, tampered with, used or altered from their original state.

Sealed goods are not subject to return, for reasons of health protection or hygiene, when opened after delivery.

 

 10.4 Return of gifts

It is not possible for a person who received a product as a gift from another person to return it. In this case, to proceed with the return, you must contact the person who bought it, in order to return it, according to the Return Policy.

 

 10.5 Exchange of products or sizes

To exchange one item for another or to change sizes, please follow the steps described in “Refund Policy” page on the website. 

 

10.6 Information on the return of products

If your return is justified by the existence of a defect or non-conformity with the ordered products, Hanken will bear the costs of shipping and return. If your return was made for reasons other than the justified existence of a defect or non-conformity of the ordered products, Hanken will not refund the shipping costs. However, when making a return you will be using our transport provider. As the costs incurred by Hanken to make the return, are equal to the shipping costs, Hanken will not reimburse the expenses related to the shipping costs initially borne by the customer for the respective order.

 

Refunds will be made based on the payment method. If the customer makes the payment by Mbway reference, the customer must give his bank details to our Customer Service, at the moment he starts the return process. This indication is necessary so that we can refund the money to your account. The customer will receive a refund after the products have been returned and processed.

 

 For additional information on the return policy and refund times, please see the “Refund Policy” page on the website. Please read the instructions in that section and follow them carefully to avoid unnecessary delays.

 

 

11. Customer support

11.1 For additional information, you can contact the seller via email at info@hankenactive.com. You can also get information on the "FAQ/Help" page on the website.

 

12. Conditions applicable to Promotional Codes (discounts)

 

12.1 When used according to the established rules, a promotion code enables the user to enjoy a promotion/discount related to the purchase of a specific product or for a set of products, during the period indicated/associated with the promotional code / promotional campaign.

 

12.2 Promotional codes can only be used for online purchases made on the website. The sale, exchange or donation of a promotional code is not permitted. The customer with the promotional code cannot upload or make available a promotional code on any website or other public form of offer, donation, sale or exchange. The use of promotional codes for commercial purposes is not permitted.

 

12.3 The promotion code is connected with the Hanken brand. The use of the promotional code in connection with another brand, company or name is not permitted. It is also not allowed to use the promotional code in an illegal, abusive or disrespectful way, as well as in any other way that could damage Hanken's reputation.

 

12.4 The use of the promotional code is subject to only one use per product and per order. Promotional codes may not be combined with any other promotions or special offers.

 

12.5 Promotional codes are not exchangeable for cash.

 

12.6 Hanken is under no obligation to reissue or refund promotional codes. However, in the event that Hanken decides to reissue or refund a promotional code, it needs to have access to the initial promotional code. To do this, it is necessary to keep a copy of your promotional code, otherwise, it cannot be reissued or replaced in case of loss.

 

12.7 In cases where Hanken reissues/refunds the promotional code, the discount of that amount can only be applied to a purchase of an amount equal to or greater than the purchase in which the discount / promotional code was issued.

 

12.8 Without prejudice to any other rights, Hanken may have/has the right to immediately invalidate the promotional code, if Hanken has reason to suspect that a promotional code is being used: in violation of the aforementioned assumptions, by usurpation or in other cases where Hanken has reason to do so.

 

13. Availability

The satisfaction of all orders placed on the website is subject to availability. Hanken tries to ensure that all items offered for sale on the website are in stock. However, Hanken reserves the right not to accept any orders or to cancel orders already confirmed for products that no longer have stock. In these cases, Hanken will inform the customer of this fact and proceed with the refund of the amount paid.

 

14. Promotion validity

The offers on the website are only valid for the time they are displayed on the website unless otherwise stated on the website. Hanken is not bound by any offer, if there are errors or mistakes in spelling, prices or others in the information on the website. Hanken reserves the right to cancel any purchase and sale entered into under such errors.

 

15. Responsibility

15.1 Hanken will only be liable for damages suffered by the customer in the event that such damages result from violations attributable to Hanken's contractual obligations towards the customer, or in the event that Hanken's liability results from the applicable law.

 

15.2 If the customer has suffered damage related to the activity of the website, Hanken's liability will be limited to:

Damage to Hanken products or other materials;

Reasonable and verifiable costs incurred by the customer to find the cause and the amount of damages attributable to the damage;

The maximum refund of the aforementioned indemnity will be (if applicable) the price of the products in question.

 

15.3 Hanken cannot be held responsible for damages suffered by third parties resulting from the use of any of our products. Hanken cannot be held responsible for the damages suffered by the customer as a result of improper use of our products.

 

15.4 Hanken is not responsible for damages that are the result of incorrect information on the website.

 

15.5 In the event that the customer suffers damages that are the result of gross negligence or fraud on the part of Hanken, none of the limitations contained in this article apply.

 

16. Applicable Law

The general conditions and all emergent disputes related to them, including their validity, the use of the website or any purchase on it, are governed by Portuguese law.

 

17. Changing the Terms & Conditions

Hanken has the right to change these Terms & Conditions at any time. The customer is subject to the principles and terms in force on the date of his order, unless the law or competent authority imposes any changes to them.

 

18. Information on the website

Although Hanken works its website with great care, the information, text, graphic documents, films, music and / or other services may contain errors or be incomplete or incorrect.

 

Hanken cannot be held responsible for any damages resulting from the use (or inability to use) the website, including damage caused by viruses or any inaccuracy or imperfection of the information, unless such damage is the result of intent or negligence on the part of Hanken.

 

19. Trademarks and copyrights of the website

All brand names, product names and titles used on the website are either registered trademarks or registered names of Hanken or registered trademarks and names of other holders.

 

The user / client of the website is not authorized to use or reproduce any of these trademarks or registered names as this constitutes a violation of the rights of the owners.

 

Everything regarding the design, texts, documents, films, music and / or other services of the website, the selection and organization of the website, as well as the entire compilation of software (including applets) and all other materials on the website are the property of Hanken and its suppliers.

 

Users / customers are only allowed to electronically copy and print portions of the website if necessary to place an order on it or to use the website as a source for purchase.

 

The user / customer is not authorized to make any other use of the website or the information and materials contained therein, including reproduction for purposes other than those mentioned above, modification, distribution or republication.

 

If the user / customer wishes to use information or materials from the site, they need to obtain prior written authorization from Hanken.

 

20. General conditions of the gift card

Gift cards purchased or issued through our online store are for exclusive use at www.hankenactive.com.

 

After the purchase or issuance of a gift card, it cannot be converted into cash nor can it be refunded for any other type of payment.

 

If you have selected the gift card refund method on your return, it will be sent to the email on your order, as soon as the conformity of your item is validated upon receipt at our warehouse.

 

This gift card, generated as part of a return, is not convertible into cash or the payment method used by the customer in the original order.

 

Chargebacks for orders paid with a gift card will always be returned by the same method, that is, a gift card.

 

A gift card can be used for purchases above or below your balance. If the value of your purchase is higher, you will be asked to pay the remaining amount. If the value of your purchase is lower, the code of your gift card keeps the excess value in balance. Your gift card can be used as long as it has a balance.

 

You can use more than one gift card in the same order.

 

At any time you can check the balance of your gift cards by accessing your Client Area, selecting the Profile tab and choosing the option “Gift card balance”.

 

The purchase of gift cards cannot be combined with campaigns, discounts or promotions.

 

The use of gift cards is valid on any item and can be combined with campaigns, discounts and promotions.

 

The use of gift cards is only allowed to registered customers.

 

21 Resolução Alternativa de Litígios

 

A resolução alternativa de litígios é a possibilidade que todos os consumidores têm ao seu dispor de recorrer e entidades oficiais que os ajudem na resolução, ou orientação de algum conflito. O site Resolução de Disputas Online é um site oficial gerido pela Comissão Europeia dedicado a ajudar os consumidores e os comerciantes resolver os seus litígios fora dos tribunais: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

 

Os clientes que sejam definidos como consumidores pela Lei 144/2015 e que tenham celebrado contratos de compra e venda e/ou prestação de serviços têm o direito a recorrer a entidades oficiais que os ajudem na resolução de algum conflito que tenha por objeto tais contratos, sem prejuízo de recorreram aos Tribunais Judiciais. A lista atualizada das entidades de Resolução Alternativa de Litígios disponíveis nos termos do artigo 17.º da Lei n.º 144/2015, de 8 de Setembro, estão elencadas no Portal do Consumidor, acessível através do sítio eletrónico www.consumidor.pt. Para mais informação poderá igualmente consultar a Lei 144/2015. Mais informamos que, para dirimir litígios que tenham origem em compras online, poderá recorrer a um sistema de resolução, denominado de “Plataforma ODR - Online Dispute Resolution/ RLL”, criada pela EU.

 

Em qualquer caso, poderá contactar um dos centros abaixo designados.

 

Entidades para a Resolução Alternativa de Litígios

 

CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo

https://www.cniacc.pt/pt

CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve

https://www.consumidoronline.pt/pt/

Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra

http://www.centrodearbitragemdecoimbra.com

Centro de Arbitragem de Conflitos de Consumo de Lisboa

http://www.centroarbitragemlisboa.pt

Centro de Informação de Consumo e Arbitragem do Porto

http://www.cicap.pt/

Centro de Arbitragem de Conflitos de Consumo do Vale do Ave / Tribunal Arbitral

http://www.triave.pt/

 Plataforma Europeia de Resolução de Litígios em linha:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

 

Morada da Hanken (MIV Events, Lda.)

LACS Cascais, Estrada Malveira da Serra, 920, 2750-834 Cascais

 

Contribuinte: 510306560