We, HypeSneakers as a platform focused on electronic commerce both nationally and internationally. The protection of personal data and privacy is always taken very seriously. Fully aware of the importance of personal data to you (or “users”), we will do our best to ensure the security and reliability of your personal data. To maintain your trust in us, we are committed to protecting your personal data by adhering to the following principles: legality, fairness and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; and responsibility.
For any questions, suggestions or advice, contact us at:
This Policy will help you understand the following:
- How we collect and use your personal data
- How we share, transfer and publicly disclose your personal data
- How we protect your personal data
- How we process children’s personal data.
- How your personal data moves across borders
- How this Policy is updated
- How to contact us
Please read and understand this Policy carefully before using our products (or services).
- How we collect and use your personal data
Personal data means any information related to an identified or identifiable natural person (“data subject”); An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
We will collect and use your personal data only for the following purposes:
- Information required regarding the use of HypeSneakers services.
Our services contain certain basic functions, including making your purchases online, improving your experience with our services, and ensuring secure transactions. To perform such functions, we may collect and use the following information related to you:
- HypeSneakers account information
You must use a HypeSneakers account or a third-party social media account compatible with the HypeSneakers platform to allow access and use of the HypeSneakers platform. When you register or log in to the HypeSneakers platform, you must provide the following account information to complete registration or login: an email address or the account and password registered in a third-party social media compatible with the HypeSneakers platform.
- Communication information
To guarantee your communication with sellers in the course of the transaction, consultation and the taking of evidence of such communication history, the system of the HypeSneakers platform will automatically collect and store your information in the HypeSneakers platform servers. Unless we have to use or disclose such information as you explicitly require or in accordance with applicable laws, we will not use or disclose such information in any way.
Also, to better assist you in handling post-sale rights protection and services with respect to merchandise, you may need to provide us with your personal phone number to receive timely feedback on handling results and relevant information.
To use payment services, you must provide the following financial information to complete payments, ensure the security of transactions, and comply with applicable laws: billing address and bank account.
To ensure the delivery of goods and services, you must provide the following information for the timely receipt of the goods/services and the consultation and verification of the status of the transaction: name, personal phone number, delivery address, transaction record and order information.
- IP address, device information, etc.
For your convenience in quickly searching for products that interest you, we may collect common data from the device you are using (hardware serial number, MAC address, unique device ID, etc.), language settings, IP address, and navigation on the site of each of your visits on the HypeSneakers platform.
In addition, such information can also be collected and used for data analysis and study, from justified needs to offer personalized services and improve the quality of service, to improve the security of our service system, for a more precise prevention of fraud on phishing sites and to guarantee the security of your HypeSneakers account.
- The above information you provide is authorized for our continued use, as long as you use our services.
When you request to close an account or justify deletion, we will stop using and deleting such information in accordance with applicable laws.
- Information you provide to us at your choice
To enhance your experience with our services, you may choose to provide the following personal information to purchase the following additional services. If you choose not to provide such personal data, your use of the core features of HypeSneakers services will not be affected, but you may not be able to use such additional services or you may be required to complete certain information each time you use certain services.
- Personalized recommendation and sending of promotional and marketing information.
While using our services, at any time you can provide or choose to delete the following additional information that helps us offer more relevant services and experiences: name, gender, country/jurisdiction, date of birth, date of birth of spouse/parents, Important anniversaries, income levels, labels, third-party social media accounts, etc. Such information will be used to analyze your behaviors and preferences to personalize personalized services for you and to send you special offers, marketing information, advertisements or other information that you may be interested in.
At your choice, you can comment on the products/services you buy. These comments will be used to shape the testimonials of the corresponding products for reference by other HypeSneakers users and optimize the user experience of the relevant services.
We will request your prior consent if we intend to use such information for purposes other than those covered in this document or use the information for purposes other than the particular purposes for which it is collected.
To ensure the proper functioning of the website and meet your personalized demands, we will store a small file called Cookie on your computer or mobile devices. In general, the cookie includes identifiers, site name and some numbers and characters. By virtue of Cookie, the website can store your preferences or products in the cart and other data, in order to provide you with a preference setting to buy, help you optimize the selection and interaction of ads, help you judge your registration status and account security etc.
We will not use the cookie for any purpose other than this Policy. You can manage or delete cookies according to your preferences. For relevant details, see AboutCookies.org. You can delete all cookies stored on the computer, since most web browsers have the function of avoiding cookies. If you do, you must change the user settings in person each time you visit our website. For relevant details on how to change browser settings, visit the following link. If your server is not in the list, contact us, we will provide technical guidance:
<Safari> and <Opera>
In addition to Cookies, we will apply web beacons, pixel tags and other similar technologies to the website. For example, the email we send you may include a URL that links to the content of our website. If you click on that link, we can track your click to help us understand your product or service preferences and improve customer services. In general, the website beacon is a type of transparent image embedded in the website or email. By virtue of the pixel tag in the email, we can know if the email is open or not. If you do not want this method to track you, you can unsubscribe from the mailing list at any time.
Several web browsers have the Do Not Track feature that can issue the Do Not Track request to websites. Currently, the main Internet standardization organizations have not established relevant policies on how websites deal with such a request. However, if your browser starts using Do Not Track, all of our websites will respect your choice.
- Third party data processor
In accordance with our own business demands, we will entrust your personal data to a third-party data processor in a form that complies with GDPR requirements, in order to provide better customer service, ensure transaction security, and enhance the user experience. For example, the data processor may help us verify your identity and conduct a background investigation, police investigation, fraud prevention and risk assessment to ensure the security of your account and the security of transactions, and help us provide you with a logistics service so that you can receive the corresponding goods/services, among others, in a timely manner. To see the list of data processors and their category, and the scope, purpose and method of shared information, among others. We entrust your personal data to the data processor only for legal, adequate, necessary, specific and clear purposes, and we process the personal data necessary only for the provision of the service. We will make every effort to monitor the data processor to fully comply with the entrustment agreement for legal processing, to ensure that your rights can be guaranteed to the fullest extent.
- Public disclosure
- We will publicly disclose your personal data only in the following situations:
- Obtain your explicit consent;
- Disclosure based on laws: We may publicly disclose your personal data if required by applicable laws, legal procedures, lawsuits or government authorities.
- How we protect your personal data
- We have used security protection measures that meet industry standards to protect the personal data you provide and to prevent unauthorized access, public disclosure, use, modification, damage or loss. We will take all reasonable and feasible measures to protect your personal data. For example, your browser is under SSL encryption protection when you exchange data (such as credit card information) with the “service”; In the meantime, we will provide https secure browsing methods to the HypeSneakers website; we will use the encryption technique to guarantee the confidentiality of the data and store personal and non-personal data separately; we will use a reliable protection mechanism to prevent the data from suffering hostile attacks; we will implement an access control mechanism to ensure that only authorized personnel have access to personal data;
- We will take all reasonable and feasible measures to ensure that irrelevant personal data is not collected. We will store your personal data only within the period necessary to achieve the objectives established in this Policy, except for the extension of the reservation period or as permitted by law.
- We will periodically update and make public the relevant contents of the security risk, the evaluation of the security impact of personal data and other reports. You can access said content by visiting the pages of https://hypesneakers.co/
- As the Internet is not an absolutely safe environment in which emails, instant messages and other methods of exchanging HypeSneakers users. During this communication process, the personal data that you voluntarily provide or describe may be disclosed to others. We strongly recommend that you do not send personal data using this method. Use a complex password to help us protect your account so that it is secure.
- We will do our best to guarantee the security of any information you send us. We will assume the corresponding legal responsibilities if your legal rights and interests are compromised due to unauthorized access, public disclosure, manipulation or damage of the information as a result of our damaged physical, technical or management safeguards.
- In the event of a leak of personal data, we will inform you, in accordance with the laws and regulations, our contact information, the basic situation of the security event and the possible impacts, the actions we adopt or will be adopted, relevant suggestions for prevention and autonomous risk reduction, remedies for you among others in a timely manner. We will inform you of the relevant situation for the event by email, letter, call, notification and other forms in a timely manner, or in the event that it is difficult to inform the subjects of personal data one by one, we will publish the announcement in a manner reasonable and effective.
- In addition, we will inform on our own initiative the elimination of the security event of personal data in accordance with the requirements of the supervision department.
- Your Rights
In accordance with the laws, regulations, rules and its established practices, we guarantee that you can exercise the following rights over your personal data:
You have the right to access your personal data described in Article 1 and Article 2 of this Policy through the configuration of your personal account, except for the exceptions provided by laws and regulations. The information you can access includes, but not limited to, the types of personal data we collect and process, the purpose of processing such personal data (and the consequences for not providing such personal data), the basis for legitimacy, the facts of leaving the country, the storage period, the right and the channel to file a complaint, and we will inform you about the specific logic of the data profile if we use your personal data for the data profile.
If you cannot access your personal data through the approaches mentioned above, please feel free to email us at firstname.lastname@example.org. We will respond to your access request within 30 days.
For other personal data generated during the process of using our products or services, as long as it does not cost us too much, we will provide you with electronic copies of your personal data in accordance with GDPR requirements. If you want to exercise your right of access to data, send an email to email@example.com.
- Correction of inaccurate or incomplete personal data
You can correct or complement some of your personal data through the configuration of your personal account. You have an obligation to update your personal data in a timely manner.
Correction of certain special information probably cannot be done by yourself. You can contact us through various contact details published in this Policy or on the HypeSneakers platform. We will respond to your request for access within 30 days. To ensure the security of your account, we may ask you to verify your identity.
- Delete your personal data
- You can ask us to delete your personal data in the following cases:
- Relevant data is no longer necessary for the purpose of collection or processing, and we lack the legal basis to continue processing your personal data;
- You no longer accept or refuse to allow us to process your personal data, and we lack the legal basis to continue processing your personal data;
- Our processing of personal data violates laws and regulations;
- Your data involves data from any child;
- You no longer use our products or services, or have closed your account;
- We no longer provide products or services for you.
- If we decide to respond to your request for deletion, we will inform the third party that we have been in charge of processing your personal data as far as possible and we will require said third parties to delete your personal data in a timely manner, unless otherwise indicated. contrary. provided by laws and regulations, or such third parties have obtained your independent authorization.
- Notwithstanding the foregoing, to resolve disputes, enforce user agreements, and comply with technical requirements related to safe operation, we may still retain certain data for a reasonable time to the extent permitted by law.
- Withdraw consents and processing restrictions
- For the personal data that you have allowed us to collect and process, you can withdraw your consent at any time through your account settings or send an email to firstname.lastname@example.org indicating what consent you want to revoke. When you have withdrawn your consent, we will no longer process the relevant personal data. However, your decision to withdraw your consent will not affect the legality of the personal data processing previously carried out based on your authorization.
- In addition, in some jurisdictions, applicable law may give you the right to limit how we use your personal data, including:
- Doubts about the accuracy of your personal data;
- The processing of personal data is illegal, and you only request to restrict the use of your personal data and object to the deletion of your personal data;
- We no longer need your personal data for processing, but you need such information in order to file a complaint or respond to a complaint;
- You object to our processing of your personal data on the basis of public or legitimate interests and you oppose waiting for verification whether the aforementioned public interests or the legitimate interests of HypeSneakers outweigh your own interests.
- In some jurisdictions, applicable law may authorize you to require HypeSneakers not to process your personal data for a specific purpose (including identifying behavioral analysis, direct marketing purposes, etc.), even though such processing is based on legitimate interests. If you object to such processing, we will no longer process your personal data for these purposes unless we can prove that such processing has compelling and reasonable cause, or that such processing is necessary for the establishment, exercise or safeguarding of legal rights.
- If your personal data is processed for direct marketing purposes, you can refuse to allow HypeSneakers to process your data for direct marketing purposes at any time through the boot settings on the relevant advertising screen or by sending an email to email@example.com.
- You can cancel the HypeSneakers account that you have registered at any time, you can visit the page https://hypesneakers.co/ to cancel your account yourself or send an email to firstname.lastname@example.org asking us to cancel your HypeSneakers account We may ask you to verify your identity to ensure the security of your account.
- After canceling your account, we will stop providing services to you and delete your personal data within the time limit stipulated by the applicable laws according to your request, unless the laws and regulations establish it or when you have reached an agreement with us.
- Obtaining a copy of personal data
- You have the right to send us a written request to obtain a copy of your personal data through the contact information published in this Policy.
- We may also directly transmit your copy of personal data to a third party designated by you in accordance with your requirements and existing communication technology on the condition that it is technically feasible, such as matching data interfaces. If said third party refuses to receive the copy of your personal data, resulting in a transmission failure, you must coordinate with said third party on your own and HypeSneakers will not be responsible for the transmission failure.
- Restrict automatic decision-making of the information system (data image)
- Based on the personal data collected legally under authorization, automatic decisions (for example, the impulse of commercial information) taken by means of the labeling or image processing carried out through non-artificial automatic decision-making technologies, such as the information system and algorithm will be subject to its legal restrictions. In some business functions, we can only make decisions based on an artificial automatic decision-making mechanism, such as the information system and algorithm. When these decisions significantly influence your legal rights and interests, you have the right to ask us to explain or reject our continued provision of such an image tagging or processing service, and we will provide you with appropriate remedies in accordance with the law.
- Responding to your previous request
- To ensure security, you may need to submit a written request or prove your identity. We may ask you to verify your identity before processing your request.
- We will respond within 30 days. If you are not satisfied, you can also file a complaint as provided in Article 0 of this Agreement.
- For your reasonable request, we do not charge any fee at the beginning, but we will charge a certain cost for repeated requests beyond the reasonable limit, as the case may be. We may reject those repeated requests without cause, requests that require too much technical means (for example, the development of a new system or fundamental change in existing practice is necessary) or that pose risks to the legal rights and interests of others, or requests extremely unrealistic (for example, the information stored on the backup tape).
- We will not be able to respond to your request as required by laws and regulations, in the following situations:
- Directly related to national security and national defense security;
- Directly related to public safety, public health and the main public interests;
- Directly related to the criminal investigation, prosecution, trial, execution of sentences, etc.
- There is sufficient evidence to prove your subjective malice or abuse of rights;
- Responding to your request will result in serious damage to your legitimate rights and interests or those of other persons or organizations.
- Other circumstances specified by applicable laws.
- How we process children’s personal data.
- Our products, websites and services are for adults only. Children should not create their own user accounts. We will not collect or use data about children if we are informed.
- We consider anyone under the age of  to be a child, despite the different definitions of children according to local laws and customs.
- Once we discover that we have collected personal data about children without the prior and verifiable consent of their parents, we will try to delete the relevant data as soon as possible.
- How your personal data is transferred across borders
In principle, the personal data collected and generated by us will be stored in Spain. We will make every effort to provide adequate guarantees for the transfer of your personal data and to satisfy your exercise of your rights and access to effective legal remedies.
- The main changes referred to in this Policy include, among others:
- Important changes in our service model. For example, the purpose of processing personal data, the type of personal data processed, the use of personal data, etc.
- Important changes in our ownership structure, organizational structure, among others. Such as, change of owner caused by business adjustments, bankruptcies and mergers and acquisitions, and others;
- Changes in the main objects of personal data delegated to be processed;
- Changes in the main objects of publicly disclosed personal data;
- Important changes in your rights to participate in the processing of personal data and how it is exercised;
- In the face of changes in our department responsible for dealing with the security of personal data, contact information and complaints channels;
- Given the high risks indicated in the personal data security impact evaluation report.
- We will also archive the previous version of this Policy for your reference.
- How to contact us
- In general, we will respond within [30 days]. If you are not satisfied with our response, especially if you believe that our acts of personal data processing have caused damage to your legal rights and interests, you can also contact the relevant [EU data protection authority or committee] for help.
TERMS AND CONDITIONS
Welcome to HYPESNEAKERS, your trusted online SNEAKERS purchasing platform
HYPESNEAKERS is limited to publishing products made in China by local suppliers. (put the work you do and talk a little about you).
We put the buyer in contact with the seller, in no case are we the owners of the products that are sold. The various local suppliers/vendors in China advertise their products through the various catalogs, i.e. HYPESNEAKERS is just an online platform or place for information exchange and transactions between buyers and sellers.
Review the following basic rules governing your use and access to the Site. Please also note that your use or access to the Site constitutes your agreement to abide by and be bound by this Agreement. If you do not agree to all the terms of this Agreement, do not use or access the Site.
- Please note that your use and/or access to the Site are also subject to the terms and conditions applicable to certain specific Member Services (defined below). In the event of a conflict or inconsistency between the aforementioned terms, conditions, and information and the terms and conditions applicable to that specific Member Service, the terms and conditions applicable to the specific Member Service shall prevail.
- Member Services means a certain feature or function (HYPESNEAKERS) is reserved only for certain Pay Users who undergo a specific registration or verification process. The content and rate structure of such Member Services will be determined by (HYPESNEAKERS) independently and informed to the corresponding Users periodically and at any time through a notice published on the Site, email or other means.
- You acknowledge and agree that HYPESNEAKERS may modify the Terms at any time by posting the relevant Terms as amended and reformulated on the Site. By continuing to use the Services or the Site, you agree that the modified Terms apply to you. In the event that such a change is made, a notice will be placed on the home page.
- If HYPESNEAKERS has published or provided a translation of the Spanish version of the Terms, you agree that the translation is provided solely for convenience and that the Spanish version will govern your use of the Services or the Site.
- The Terms cannot be modified in any other way, except in writing by an authorized official of HYPESNEAKERS.
- Use of the site
- All materials are intended exclusively for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any material or software downloaded as a result of such download or copy is transferred to you. You may not reproduce (except as indicated above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale or exploit in any way, totally or partially, any of the Contents, the Site or any related software. All software used on this site is the property of HYPESNEAKERS or its suppliers and is protected by international copyright laws. The Contents and software on this Site may only be used as a purchasing resource. Any other use, including reproduction (except as noted above) or modification.
- When accessing the Site or using its services, you must not:
- Post or transmit false, inaccurate, misleading, offensive or defamatory content
- Violate any law, regulation, third party rights or our policies, such as the intellectual property rights of third parties;
- Failing to deliver payment for the products and items purchased by you;
- Manipulate the billing process of HYPESNEAKERS, or not deliver the payment or fee owned by HYPESNEAKERS;
- Weaken feedback or rating systems;
- Transfer your HYPESNEAKERS account to another party without the prior written consent of HYPESNEAKERS;
- Distribute spam, mass electronic communications, chain letters or pyramid schemes on the Site;
- Distribute viruses or any other technology that may harm HYPESNEAKERS and the Site, or the interests or property of other users;
- Collect information from other Users, including, among others, their email addresses and user IDs, without their prior consent, to obtain benefits; or
- Otherwise you will incur any liability before the Site or HYPESNEAKERS.
- At our sole discretion, HYPESNEAKERS reserves the right to remove from the Site any material or listing that we reasonably believe to be illegal, in violation of the Agreement, which may give rise to any liability to HYPESNEAKERS or that is inappropriate.
- HYPESNEAKERS reserves the right to limit, terminate and deny the right to use or access the Site and Service(s) of any User for any reason, including, among others, infringing the intellectual property right of a third party, in breach of this Agreement and incur liability to HYPESNEAKERS. Hereby, each User also accepts that in no case will HYPESNEAKERS be liable to any User or a third party for the inability of any User to use or access the Site and/or Services.
- HYPESNEAKERS may launch, change, update, impose conditions to suspend or stop any Service (or any feature within the Services) without prior notice, except that, in the case of a fee-based Service, such changes will not be materially adverse effect paying users who enjoy this service.
- In case you are aware of or consider that any of the materials posted on the HYPESNEAKERS page violate or go against the intellectual property, you most contact us to remove it from our website. In no case, HYPESNEAKERS will be responsible for the infringement, since it is only limited to retailers hanging their products in property.
- On-site purchases
- The user agrees that all activities carried out on his X account (including, among others, the publication of company or product information, click to accept additional agreements or rules, subscribe or make payments for any service, sending emails using the platform) will be considered that user has authorized the current email account or sending SMS.
- The user acknowledges that sharing his account with other people, or allowing multiple users outside his business entity to use his account (collectively, “multiple use”), can cause irreparable harm to HYPESNEAKERS or other Users of the Site. The user shall indemnify HYPESNEAKERS, our affiliates, directors, employees, agents and representatives for any loss or damage (including, but not limited to, loss of earnings) as a result of multiple use of their account. The user also accepts that in the event of multiple use of his account or the failure of the user to maintain the security of his account, HYPESNEAKERS will not be responsible for any loss or damage arising from such breach and will have the right to suspend or terminate the user Account X without responsibility for the user.
- By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items purchased. Any delay in the delivery payment process may constitute a breach of contract, and you will be solely responsible for such breach.
- Each user understands and accepts that the price listed for the product on the site and/or the price paid for the product includes the service commission of HYPESNEAKERS.
- You understand that, by using and accessing the Site or any Service provided on the Site, you may find content that some may consider offensive, indecent or objectionable, content that may or may not be identified as such. You agree to use the Site and any Services at your sole risk, and that HYPESNEAKERS will have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
- Each User understands and accepts that the product and content that are listed or displayed on the Site may be related to copyright, trademarks, trade secrets, patents and other personal or property rights of a third party. In addition, each User agrees that the User who uploads or lists such content and information on the Site will be solely responsible for any violation of the rights of third parties. The Site and HYPESNEAKERS will not be responsible for any infringement or purchase dispute related to intellectual property and/or other personal or property rights of third parties. This is because HYPESNEAKERS does not own any product, simply different retailers advertise their proprietary material.
- When required by the government, law enforcement agency, or creditor whose legitimate right has been violated or forced by a subpoena or other legal document, HYPESNEAKERS may disclose the user’s identity and contact information as mentioned in the LOPD. The user agrees not to file any action or claim against HYPESNEAKERS for such disclosure.
- The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or others), APIs or others. You are advised to read the terms and conditions and/or privacy policies of such websites before using such sites. You acknowledge that HYPESNEAKERS has no control over the websites of such third parties, does not supervise such websites, and HYPESNEAKERS will not be liable to anyone for such websites, or for any content, products or services available on such websites.
- Transactions between buyers and sellers
- Each user understands and accepts that HYPESNEAKERS is not a traditional vendor or shopping center. Through the Site, what HYPESNEAKERS provides is only an online platform or place for information exchange and transactions between buyers and sellers, including web-based electronic transaction platforms for Users to make, accept, conclude, manage and fulfill orders for the supply of products and services online subject to the Registration Agreement. Although HYPESNEAKERS will monitor the regular operation of the Site to fulfill its duty of care, HYPESNEAKERS does not review or verify every item in the posted content and listing to look for infringements or illegal activities.
- Notwithstanding the Terms, no agency relationship will be created between HYPESNEAKERS and any seller or buyer with respect to the listing and the transaction, whether or not such transactions are conducted through the Site.
- The user acknowledges that although HYPESNEAKERS makes every effort to provide users with accurate information and listings published by sellers, and to make general verifications of sellers’ identity, there are still risks associated with purchasing parts online. Therefore, we encourage you, the users of the Site, to use the relevant tools available, reasonable judgment and common sense when making an online deal.
- In no event shall HYPESNEAKERS be liable for any transaction infringement or dispute, including, but not limited to, transaction disputes regarding quality, safety, breach of warranty, legality or availability of products or services and payment by buyers, as well as any infringement of intellectual property by sellers.
- Users (including seller and buyer) agree to release and indemnify HYPESNEAKERS and its agents, affiliates, directors, officers and employees from all claims, demands, actions, procedures, costs, expenses and damages (including, among others, any actual, special, incidental or consequential damages) arising from or related to any transactional dispute over the products, listings or information on the Site.
- To help sellers and Registered Users to resolve any transactional dispute effectively and efficiently, HYPESNEAKERS places at their service the following email email@example.com to establish a personal treatment in its processing.
- Limitation of liability
- To the maximum extent permitted by law, HYPESNEAKERS provides this Site “as is”, “as available” and “with all facts”. HYPESNEAKERS makes no representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, materials or products included on this Site. To the extent permitted by applicable law, HYPESNEAKERS expressly disclaims any and all warranties, express or implied, including, but not limited to, warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, HYPESNEAKERS disclaims any and all warranties, express or implied, of any merchandise offered on this Site. All these guarantees, representations, conditions and commitments are excluded. You acknowledge, by your use or access to the Site, that your use or access to the site is at your own risk. This disclaimer does not apply to any product warranties offered by the item manufacturer. This disclaimer constitutes an essential part of this Agreement.
- Under no circumstances and under any legal or equitable theory, whether by tort, contract, strict liability or otherwise, HYPESNEAKERS or any of its affiliates, employees, directors, officers, agents, vendors or suppliers will be liable to you or to any another person, for any indirect, special, incidental or consequential loss or damage of any nature that arises or is related to the use or the inability to use the Site, including, among others, damages for lost profits, loss of goodwill, loss data, work interruption, accuracy of results, or computer failure or malfunction, even if an authorized representative of HYPESNEAKERS has been informed or should have known of the possibility of such damage.
- Furthermore, in no event shall HYPESNEAKERS be liable for damages derived from any of the following, regardless of whether they are special, direct, indirect, punitive, incidental or consequential damages, or related to the contract, negligence, tort or others:
- Any dispute related to assets, services or information purchased or obtained from a seller or a third party through the Site, including, among others, disputes about quality, safety, guarantee, legality or availability of said goods, services or information;
- Any violation of the Rights of third parties on the Site;
- Unauthorized access to data or private information of any User on the Site; or
- Declarations or conduct of any User of the Site.
- Notwithstanding any of the foregoing provisions, if HYPESNEAKERS, our employees, agents, affiliates, representatives or any person acting on our behalf is liable, our liability will not exceed the commissions paid by you in connection with your use of the Site during the period of three months prior to the date the claim arose.
- HYPESNEAKERS will not be responsible for any special, direct, indirect, punitive, incidental or consequential damages or any damages (including, among others, damages for loss of earnings or savings, commercial interruption or loss of information), whether in the contract, negligence, tort, equity or any other damage resulting from any of the following: (1) the use or the impossibility of using the Site or the Services, (2) any defect in the goods, samples, data, information or services acquired or obtained from a User or any other third party through the site, (3) any violation of the rights of third parties or claims or demands that the User manufactures, imports, exports, distributes, offers, shows or buys,
- The limitations and exclusions of liability to you under the Terms will apply to the fullest extent permitted by law and will apply regardless of whether or not HYPESNEAKERS has been informed of the possibility of such losses arising.
You agree to defend, indemnify, and hold HYPESNEAKERS and its affiliates, directors, officers, and employees harmless from any loss, claim, liability, damages, costs, and expenses, including attorney’s fees, derivatives, or related to (1) its use. of the Site, (2) your breach of any representation and / or guarantee made by you to HYPESNEAKERS and (3) claims presented by third parties claiming rights or other third parties related to the products offered or displayed on the Site.
- Force majeure
Under no circumstances, HYPESNEAKERS will be responsible for any delay or failure or interruption of the content or services delivered through the Site that result directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, among others, failures Internet, computers, telecommunications failures or any other equipment, power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, acts of God, war, government actions, national orders or foreign courts or tribunals or third party breach.
- Copyright, trademarks and other intellectual property rights
- Unless otherwise indicated, all content on the Site is copyright, trademark, trade image and/or other intellectual property owned, controlled or licensed by HYPESNEAKERS or one of its subsidiaries and is protected by the PRC and international copyrights, patents, trademarks and other intellectual property rights. property laws. The compilation of all the Contents on this site is the exclusive property of HYPESNEAKERS and is also protected by international copyright, patent, trademark and other intellectual property laws.
- HYPESNEAKERS and its suppliers and/or licensors expressly reserve all intellectual property rights in all texts, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not and will not be deemed to confer on anyone any license under any of the intellectual property rights of HYPESNEAKERS or third parties. HYPESNEAKERS names and logos and all related product and service names, design marks and slogans are trademarks of HYPESNEAKERS. All other brands are the property of their respective companies. No trademark, service mark or logo license is granted in connection with the materials contained on this Site. Access to this site does not authorize anyone to use any name, logo or brand in any way. The unauthorized use of these names, logos or brands is strictly prohibited.
- References on this Site to any third party name, brand, product or service or hypertext links to the Site or third party information are provided solely for your convenience and in no way constitute or imply the endorsement, sponsorship or recommendation of HYPESNEAKERS of the third party, information, product or service. HYPESNEAKERS is not responsible for the content of any third party site and makes no representation regarding the content or accuracy of the material on that site. If you decide to link to such third party websites, you do so at your own risk.
- Unless explicitly stated otherwise, all notices or requests to HYPESNEAKERS will be made in writing and will be sent to HYPESNEAKERS by mail to the following address: firstname.lastname@example.org, To: Legal Department. The notice will be considered effective when HYPESNEAKERS receives it in any of the ways mentioned above.
- All notices or claims about a User will be effective if they are delivered personally, by email to the email address provided to HYPESNEAKERS during the registration process (as periodically updated, if applicable), or by posting notice or demand in an area of the Site that is publicly accessible at no charge. Notification to a user will be deemed received by said user if: (1) HYPESNEAKERS can demonstrate that the communication, whether in physical or electronic form, has been sent to said user, or (2) immediately after the publication of HYPESNEAKERS said notice in an area of the Site that is publicly accessible at no charge.
- You agree that all agreements, notices, demands, disclosures and other communications that HYPESNEAKERS sends you electronically satisfy the legal requirement that such communication must be in writing.
- This Agreement represents the entire agreement between the parties regarding their use of the Site and the Services and supersedes all previous oral or written agreements and representations between users and HYPESNEAKERS related to the same subject.
- If any provision of this Agreement is deemed to be unenforceable for any reason, such provision will be removed or amended to the extent necessary to make it enforceable and the other terms of this Agreement will remain in full force and effect.
- The failure of HYPESNEAKERS to act regarding to a breach of this Agreement by you or others does not constitute a waiver and will not limit HYPESNEAKERS rights regarding to such breach or any subsequent breach.
- HYPESNEAKERS and you are independent contractors, and the Terms do not purport to create or create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship.
- The failure of HYPESNEAKERS to enforce any right or to act with respect to any breach by you of the Terms shall not constitute a waiver of that right or a waiver of HYPESNEAKERS right to act with respect to subsequent or similar breaches.
- HYPESNEAKERS may transfer this contract and all or part of its rights, obligations and interests to any part or entity at its sole discretion; however, Users cannot assign their rights, obligations and interests under this contract to any party or entity.
- Any action or procedure arising from or related to this Agreement or your use of this Site must submit an Arbitration procedure, which will be carried out in accordance with the Spanish arbitration rules or, failing that, rules of the EU in force at the time of the arbitration request. The arbitration award will be final and binding on both parties.
If there is any conflict between the Spanish version and the other language version of this Agreement, the Spanish version will prevail.