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Terms & Conditions

The terms and conditions of THE HOFF BRAND, S.L. (hereinafter "HOFF") are structured to comply with Spanish and European Union (EU) consumer protection laws, though certain clauses require careful review for alignment with applicable regulations. Below is a breakdown of key legal aspects and potential areas of concern:

1. Applicable Law and Jurisdiction

  • Legal Framework: The terms explicitly state that Spanish law governs disputes, including the General Law for the Defence of Consumers and Users (Law 3/2014) and the Law on Information Society Services and Electronic Commerce (LSSI). This aligns with EU regulations, as EU member states must transpose directives like Directive 2011/83/EU (Distance Selling) into national law.

  • Jurisdiction: Disputes are subject to the courts of the customer’s residence or domicile. This is consistent with the EU Regulation (EC) No 44/2001 (Brussels I Regulation), which prioritizes the consumer’s home jurisdiction for online purchases.

2. Return Policies

  • Return Period:

    • HOFF offers a 30-day return window from delivery, which meets the EU’s minimum requirement under Directive 2011/83/EU.

    • The extension of the return period until 01/12/2025 for orders placed from 11/21/2024 onwards is permissible as it exceeds the legal minimum.

  • Conditions for Return:

    • Products must be "in perfect condition" with original packaging, labels, and accessories. This is stricter than EU standards, which allow consumers to inspect goods without voiding their right to return (e.g., trying on shoes). Spain’s LSSI permits such conditions if clearly communicated, but HOFF risks disputes if minor handling marks are deemed "imperfect."

    • Non-Returnable Items: The "Pride model" is non-returnable. Under EU law, only personalized or hygiene-sensitive items (e.g., underwear) can be excluded. Unless the Pride model is explicitly customized, this clause may violate consumer rights. HOFF should clarify the basis for this exclusion.

  • Rejection of Returns: If HOFF rejects a return, the customer must arrange pickup within 60 days or forfeit the product. This aligns with Spanish law, which allows sellers to dispose of uncollected goods after a reasonable notice period.

3. Product Descriptions and Warranties

  • Color Accuracy: HOFF disclaims liability for screen color variations, noting efforts to depict products 真实. This is permissible under EU law, provided HOFF does not mislead consumers. However, if colors differ materially from the description, customers may still claim a breach of contract.

  • Warranty: HOFF does not explicitly mention warranties. Under Spanish law, products are guaranteed for 2 years against defects (Law 3/2014). HOFF’s obligation to repair/replace defective items exists implicitly, even if not stated. The terms should clarify this to avoid confusion.

4. Payment Security and Data Protection

  • Payment Methods: HOFF uses SSL encryption and 3D Secure, complying with the EU Payment Services Directive (PSD2). This ensures secure transactions and liability protection for unauthorized payments.

  • Data Protection: HOFF references compliance with the GDPR and Spanish data protection laws. While the terms outline data collection purposes and user rights, the disclaimer that "HOFF cannot guarantee absolute security" may conflict with GDPR requirements to implement "appropriate technical measures." HOFF should emphasize its commitment to security despite internet limitations.

5. Pricing and Sales Periods

  • Prices: All prices include VAT and are denominated in Euros, adhering to EU transparency rules. Shipping costs are disclosed separately, as required by the LSSI.

  • Sales Periods: HOFF’s sales periods vary by country, reflecting local regulations (e.g., France’s sales start on June 26). This is permissible under EU law, which allows member states to set their own sales schedules.

6. Other Key Clauses

  • Resale Restrictions: HOFF prohibits resale of products, which is valid under Spanish law for consumer transactions.

  • Order Cancellation: HOFF reserves the right to cancel orders for breach of terms (e.g., bulk purchases). This is permissible if applied fairly and not discriminatorily.

  • Language: Spanish prevails in case of discrepancies in translations, which is consistent with Spanish law.

7. Compliance Recommendations

  • Return Conditions: HOFF should soften the "perfect condition" requirement to allow reasonable inspection (e.g., removing tags without damage).

  • Non-Returnable Items: Clarify the basis for excluding the Pride model (e.g., customization) or remove the clause to avoid legal challenges.

  • Warranty: Explicitly reference the 2-year legal guarantee to avoid consumer confusion.

  • Data Security: Revise the disclaimer to emphasize GDPR-compliant security measures while acknowledging inherent risks.

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