TERMS AND CONDITIONS

Welcome to Hyfair. These General Terms and Conditions regulate your use and access to our website, mobile applications, and related services (collectively, the “Platform”). For the sake of convenience, the term “Services” is included in the term “Platform” throughout this document unless specified otherwise.

These Terms and Conditions, along with our Privacy Policy, Cancellation, Return and Refunds Policy, Shipping Policy, Cookie Policy, and other additional terms we make available from time to time (collectively, the “Terms”) constitute the legal framework governing your use of our Platform. This document includes a mandatory arbitration provision and regulates the resolution of any disputes that may arise between you and us as a result of using our Platform. By clicking “Accept” when prompted or by creating an account, using, or accessing the Platform, you agree to adhere to these Terms and all other rules, policies, and procedures that we may issue periodically. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Platform immediately.

By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Hyfair (hereinafter referred to as “we,” “us,” or “our”) and you, the user (hereinafter referred to as “you” or “your”) (each a “Party” to the contract and collectively, the “Parties”).

1. THE SERVICE

We offer a wide range of sneakers and related products through our Platform, including general sales and special raffles.

1.1 General Sales

You can browse our collection and place orders for the sneakers and related products of your choice available on our Platform. Product availability is subject to change without notice. Orders are confirmed only after payment is successfully received and a confirmation email is sent.

1.2 Raffle System

We periodically offer raffles for exclusive sneaker releases:

Raffle Duration: Each raffle lasts for 5 days from the start date.
Results Notification: You will receive the results within 2 days after the raffle ends. To proceed with the raffle order, please pay the amount specified in the email we send you. If payment is not received within 3 days, we reserve the right to cancel your order.
Shipping: Once we have received your payment, we will send you the shipping notification within 2 days

2. GDPR and Data Protection Compliance

We comply with the General Data Protection Regulation (GDPR) to ensure the protection of your personal data. You have the right to:

Access the personal data we hold about you. 
Request correction of incorrect or incomplete data. 
Request deletion of your personal data in certain circumstances. 
Restrict the processing of your data. 
Request the portability of your data to another service provider.

We collect personal data such as name, email, and payment details to process orders and fulfill contractual obligations. Your data will only be retained for as long as necessary to fulfill the purposes for which it was collected or as required by applicable law. If we detect any data breach, we will notify you and relevant authorities within the 72-hour GDPR requirement. We will inform the affected individuals via email and via banner on our website about the breach, outlining the nature of the incident, the data involved, and any steps taken to mitigate potential harm.

To fulfill our contractual and legal obligations, we may share your personal data with third parties, such as shipping service providers for order delivery, authorities (e.g., in case of corporate audits), and other necessary parties. This data sharing is strictly limited to the scope required to meet our legal obligations and ensure the proper functioning of our services.

We also use third-party processors, such as Vinishu for cybersecurity, and payment processors to assist with our services. All such third parties comply with GDPR requirements and are responsible for protecting your data.

For more details, refer to our Privacy Policy.

3. Right of Withdrawal

As a consumer, you have the right to withdraw from your non-raffle purchase within 14 dayswithout providing any reason, in compliance with the Consumer Rights Directive (2011/83/EU). The withdrawal period starts from the day you receive your goods. If you wish to exercise your right to withdraw, you must notify us by sending an email to [returns@hyfair.shop].

Exceptions:

Raffle products and exclusive releases are non-refundable and are exempt from this right.
Personalized items, once confirmed, cannot be returned unless defective.
Raffle, limited editions and final sale products are exempt from the right of withdrawal as they are considered time-sensitive goods whose value may fluctuate significantly due to market demand. As such, they fall under Article 16(e) of the Consumer Rights Directive, which allows exemptions for goods whose price depends on market fluctuations outside our control."

Upon receiving your withdrawal notice, we will refund you within 14 days of receiving the returned product, provided it is in its original condition and packaging.

4. ORDERS

4.1 Order Acceptance

All orders placed on the Platform are subject to acceptance and availability. We reserve the right to reject any order for any reason.

4.2 Payment and Ownership

Ownership of the products remains with us until full payment is received. If payment is not processed successfully, we may reattempt the payment or cancel the order

4.3 Non-Commercial Use

The products sold on the Platform are for personal use only. We reserve the right to cancel orders or suspend accounts if we suspect products are being ordered for resale or other commercial purposes.

4.4 Accuracy of Information

By participating in raffles or placing an order on the Platform, you confirm that all the information you provide, including your personal details, shipping address, and payment information, is accurate, complete, and up to date. For raffle entries, you must ensure that the information you provide during registration or when entering the raffle is correct. We are not responsible for any issues that arise from inaccurate or incomplete information, whether during the raffle process or order placement.

If inaccurate or incomplete information leads to a failed delivery or any other issue, we reserve the right to cancel the order or require additional charges for reshipping or correcting the issue.
During the raffle process and until delivery, the shipping address provided cannot be changed, even in the event of a move. If a package is lost due to an address change, we will not be liable for any losses or damages that occur as a result.
We shall not be liable for any losses or damages caused by your failure to provide correct and up-to-date information during the raffle process or ordering process.
This restriction is in place to prevent fraudulent activities and ensure a smooth processing of orders. Since orders are handled individually, making changes after the raffle closes is not feasible due to logistical and organizational constraints.
Please double-check your shipping address carefully before completing a raffle entry or order to avoid potential issues

4.5 Returns and Refunds for Non-Raffle Orders

Customers are responsible for covering the cost of the return shipping label. We will not provide return labels or cover any shipping costs.

Hyfair is not responsible for any loss or damage to return shipments that occur while the product is in transit back to us. It is the customer's responsibility to ensure that the product is properly packaged and shipped using a reliable carrier with tracking and insurance options. If the return shipment is lost or damaged while on route to us, Hyfair will not be liable, as such circumstances are beyond our control. We recommend customers keep all relevant shipping and tracking information until the return is fully processed and a refund is issued.

Additionally, Hyfair reserves the right to deny a refund if the product is not received in its original condition, or if there is insufficient proof that the product was shipped within the return window.

For eligible returns due to defects or manufacturer errors that are not caused by the customer, we will provide the customer with a free return label. To ensure that the defect was not caused by the customer, the issue must be reported within 14 days of receiving the product by sending an email to returns@hyfair.shop.

When reporting a defect or manufacturer error, customers are required to include clear photos of the product, showing the specific defect or issue. These images will help us assess the claim and verify that the defect was not caused by misuse or other external factors. We review each case individually to ensure a fair assessment and reserve the right to request additional information or photos if needed.

If the defect is not reported within the 14-day period, we reserve the right to charge the return shipping costs, as the defect may be assumed to have been caused by the customer. Furthermore, returns without sufficient documentation of the defect may result in the return being denied, or in the customer being held responsible for return shipping costs.

Eligible Returns

Eligible returns are products that:

Are in new, unused condition and show no signs of wear or damage. 
Are returned in their original packaging, including the original shoe box and any tags, labels, or accessories that came with the product. 
Have not been worn outside the home (i.e., shoes or apparel that have only been tried on indoors). 
Have been purchased as part of general sales (non-raffle items), excluding any personalized or custom-made items.

The following products are not eligible for returns:

Raffle items or any products marked as final sale. 
Personalized or custom-made products that were tailored or modified based on customer preferences. 
Products that have been worn, washed, or damaged by the customer. 
For cross-border returns, customers are responsible for all return shipping costs. In the event of a dispute arising from a cross-border transaction, we adhere to Directive 2013/11/EU on Alternative Dispute Resolution (ADR) and will work with an ADR entity to resolve the issue fairly.

If a defect or manufacturer error is reported after the shoes have been worn outside or show signs of wear from daily use, the return will be denied, even if the issue appears to be a manufacturer defect. All claims for defects or errors must be made before the product is used outside, as any damage caused by outdoor use or general wear and tear will not be considered a valid reason for return. We reserve the right to inspect the shoes and decide based on the condition of the product. Any evidence of outdoor use or excessive wear will void the return eligibility.

Return Notification Requirement

To initiate a return, you must notify us by emailing returns@hyfair.shop with your full name, address, and order number. Failure to provide this information or failure to register the return with us before shipping the product back may result in the rejection of the return.

Refunds will only be processed if the product is returned in its original condition, along with the original packaging (e.g., shoe box). If the product or packaging is damaged, we reserve the right to reject the return. 
Returns for eligible products are allowed within 14 days of receiving the item in compliance with EU law. 
Products may only be tried on at home. If we determine that the products have been used for daily activities and show signs of wear, such as dirt or scuffs, we reserve the right to reject the return.

Exclusion of Withdrawal for Raffle, Exclusive or Limited-Edition Products:

Due to the nature of our raffle, exclusive, or limited-edition products, these items are exempt from the right of withdrawal under EU law. These products have a limited \sales window, and their value can deteriorate rapidly after purchase. Additionally, the demand for such items may decrease significantly after their initial release, making it difficult for us to resell them, even if returned in a condition that would otherwise allow resale. Furthermore, once unsealed or used, these products cannot be resold due to hygiene reasons or health protection. If the product involves personalization (e.g., unique numbering or customized packaging), it will also be considered nonreturnable, as they are tailored specifically to your requirements and cannot be resold.

Exclusive or limited-edition products are clearly identified in the product description with a specific notice at the end of the listing. This serves as a clear indication that the product falls under the category of non-returnable items. However, for raffle products, this notice is not necessary as they are sold through a distinct and individual ordering process. Raffle products are easily recognizable on our homepage by the countdown timer displayed above the product and a "Join Raffle" button, which allows customers to participate in the raffle process.

For all raffle products, detailed descriptions and product images will be provided on the platform to help customers make informed decisions before purchase. Please review all details carefully as these items are non-refundable.

By participating in raffles or purchasing these exclusive or limited-edition items, you acknowledge and accept these conditions.

If you have any questions about the terms for limited-edition products, please contact our support team before making a purchase. We are committed to ensuring you have all the necessary information to make an informed decision.

5. RAFFLES AND EXCLUSIVE RELEASES

5.1 Participation Rules

To participate in raffles, you must follow the instructions provided on the Platform. Each raffle entry is personal and non-transferable

5.2 Raffle Results and Payment

If you win a raffle, you will be notified via e-mail within 2 days after the raffle ends. In the notification, you will receive the payment details, including instructions on where to transfer the payment. Once the payment is received, we will send you a shipping confirmation email within 2 days. If the payment is not received within 3 days, we reserve the right to cancel your order

5.3 Non-Commercial Use of Raffle Wins

Products won in raffles are for personal use only and may not be resold. We reserve the right to cancel orders and disqualify participants from future raffles if we believe they are violating this rule. Hyfair's mission is to provide exclusive products to genuine enthusiasts and collectors. To ensure fairness, products purchased on our platform are strictly intended for personal use and not for resale or commercial distribution.

We actively monitor order patterns and account activity to identify potential resellers. Suspicious activities, such as multiple high-quantity orders or use of multiple accounts, may result in order cancellations and account suspension.

If we determine that products are being purchased for resale, Hyfair reserves the right to:

Cancel existing orders. 
Permanently ban the offending account. 
Refuse future service to individuals involved in resale activities.

We encourage our customers to contact us if they have concerns about suspicious activity or require clarification on the rules surrounding personal use.

6. Cookies and ePrivacy Compliance

Our Platform uses cookies to improve user experience and analyze site traffic, in compliance with the ePrivacy Directive (2002/58/EC). You have the option to accept or reject non-essential cookies through our cookie consent banner. For more details on the specific cookies used and how they function, please refer to our Cookie Policy.

7. Prohibited Activities and Cybersecurity

You agree not to engage in any activity that might compromise the security or functioning of the Platform, including but not limited to attempts to hack, scrape data, or use automated systems such as bots to purchase products.

Hyfair implements advanced bot protection technologies to ensure that all orders and raffle entries are conducted fairly and without manipulation. This technology helps provide every customer with an equal opportunity to participate in our raffles and access limited products.

Attempts to bypass our bot protection mechanisms, including the use of automated systems or multiple accounts, will result in disqualification from raffles, order cancellations, and permanent account suspension. Legal action may also be taken if warranted.

We are committed to maintaining a secure and fair platform. Should you experience any issues related to bot activity or suspect unfair practices, please report them to our customer support team.

Our bot protection measures are designed not to interfere with legitimate customer activity. If you encounter technical difficulties due to these protections, please reach out to us for assistance.

We collaborate with Vinishu, a cybersecurity firm, to ensure the protection of our platform. If we detect such activities, we reserve the right to report the incident to the police and take legal action. In case of a data breach, users will be notified within the legal 72-hour period required under GDPR.

8. INTELLECTUAL PROPERTY RIGHTS

All content on the Platform, including but not limited to text, images, graphics, and software, is owned by or licensed to us and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without our prior written permission.

9. LIMITATION OF LIABILITY

We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the platform, or any products purchased through it. We are also not liable for any actions or failures of third-party services, including payment processors and shipping carriers. Any disputes with these services must be resolved directly with the third-party providers. Our liability is limited to the amount paid by you for the products in question, except for cases of personal injury, gross negligence, or where liability cannot be excluded by law.

Hyfair is not liable for indirect, incidental, special, or consequential damages arising from the use of the platform or products purchased. Furthermore, Hyfair is not liable for:

Loss of profits, revenues, or data,
Business interruptions,
Damages resulting from the use of or reliance on information provided on the platform.

Hyfair is also not liable for any delays, damages, or failures in the delivery or performance of our services caused by environmental influences, including but not limited to extreme weather conditions, natural disasters, or any other circumstances beyond our reasonable control. In such cases, we reserve the right to delay delivery or cancel the order without further liability

Hyfair's liability is limited to the amount of the purchase price paid for the relevant product, except in cases of gross negligence or willful misconduct.

10. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of Austria. Any disputes arising out of or related to these Terms will be resolved through arbitration in Austria. However, this does not affect your right as a consumer to take legal action in the courts of your home country within the EU, in compliance with EU Regulation 1215/2012.

11. PRIVACY AND DATA PROTECTION (GDPR)

We comply with the General Data Protection Regulation (GDPR). As a user, you have the right to access, rectify, or request the deletion of your personal data. For more details, refer to our Privacy Policy. We collect personal data such as name, email, and payment details to process orders and fulfill contractual obligations. Data will be retained for as long as necessary to fulfill the purposes outlined in this policy. You may also request data portability to transfer your data to another service provider.

To fulfill our services, we work with third-party providers such as shipping companies, payment processors, cybersecurity firms, and regulatory authorities. When your personal data (e.g., name, address, payment information) is shared with these third parties, it is processed and stored according to their own data protection policies, which comply with GDPR standards.

Shipping Providers: Personal data shared with shipping providers is used solely for the purpose of delivering your order and is stored by these providers only for the period necessary to complete the delivery and fulfill any legal obligations they may have. 
Payment Processors: Personal data shared with payment processors (such as card information) is processed securely and in compliance with data security standards (e.g., PCI DSS) and is retained only as long as necessary for payment processing or legal requirements.
Cybersecurity (Vinishu): To ensure the protection of both Hyfair and your personal data, we collaborate with Vinishu, a cybersecurity firm. Vinishu may access personal data as necessary to protect against data breaches, detect security threats, and maintain the integrity of our platform. This access is limited to ensuring the security of your data and preventing unauthorized activities. 
Authorities: In the case of regulatory audits or corporate inspections, we may need to share personal data with relevant authorities to comply with legal obligations. This data will be stored according to legal requirements and retained for the duration required by applicable laws.

Retention of Invoice Data:

Please note that any personal data included on invoices, such as your name, address, and payment information, will not be deleted, as we are required by law to retain invoices for a minimum of 7 years in accordance with Austrian tax regulations and EU laws. This period may vary depending on your country of residence (for example, 10 years in Germany). After this period, your data will be securely deleted unless we are required to retain it for other legal reasons.

12. COOKIES POLICY

Our Platform uses cookies to enhance user experience and track site usage. You have the option to accept or reject non-essential cookies through our cookie banner. For more details about the cookies we use, please review our Cookie Policy.

13. CONTACT INFORMATION

If you have any questions or need to contact us for any reason, please reach out to us at contact@hyfair.shop.

14. MARKETING AND USE OF USER-GENERATED CONTENT

By posting or sharing any content related to Hyfair, such as reviews, comments, photos, or videos on public platforms (e.g., social media, forums, or other websites), you grant us the right to use, reproduce, and share this content for our own marketing and promotional purposes. This includes, but is not limited to, using the materials in advertising, social media posts, newsletters, and other promotional materials related to Hyfair.

Scope and Consent: By publicly sharing content, you provide implicit consent for us to use your content in our marketing. However, you retain the right to withdraw your consent at any time. If you no longer wish for your content to be used in future marketing materials, you can contact us at contact@hyfair.shop and we will cease its use moving forward. Previously used materials may not be retracted. 
Legitimate Interests: Our use of publicly available content is based on our legitimate interests to promote Hyfair and engage with the community. We ensure that our use of this content does not infringe on your rights or freedoms. 
Attribution and Copyright: You retain copyright over any content you post. We will provide proper attribution when using your content, unless you explicitly request otherwise. This use does not transfer ownership of your content to us, and you maintain all intellectual property rights. 
Transparency: We are committed to transparency in how your content is used. By participating in public discussions or sharing your content related to Hyfair, you acknowledge that it may be used in promotional materials. We will not imply any form of endorsement unless explicitly stated by you. 
Right to Object: In accordance with Article 21 of the GDPR, you have the right to object to the use of your content for marketing purposes at any time. You can exercise this right by contacting us at contact@hyfair.shop.

Customers who provide content on the Hyfair platform, such as reviews or comments, agree not to post defamatory, offensive, obscene, or otherwise unacceptable content. Hyfair reserves the right to review and remove any content that violates these guidelines without prior notice. This includes, but is not limited to, content that:

Is discriminatory, hateful, or otherwise harmful,
Defames third parties or violates their rights,
Contains false or misleading information,
Infringes on intellectual property or data protection rights of third parties.

Hyfair assumes no liability for user-generated content and reserves the right to take action against users who violate these guidelines, including suspension or termination of accounts

15. DISCLAIMER AND LIMITATION OF LIABILITY

Additional Clauses:

Right to Refuse Service: At Hyfair, we reserve the right to refuse service or cancel orders based on legitimate and objective reasons. This policy is in place to protect both our customers and our business from potential misuse, fraudulent activity, or other behaviors that violate our terms and conditions. Refusal of service will only be carried out in line with EU consumer protection laws and based on fair, transparent, and reasonable criteria.
Examples of reasons for refusal include, but are not limited to:
- Suspected fraud or fraudulent activity, such as providing false information, identity theft, or unauthorized payment methods.

- Repeated violations of our Terms and Conditions, such as the abuse of the return policy, resale of raffle products, or misuse of promotional offers.

- Engaging in illegal activities or behavior that compromises the security or functionality of our platform, including attempts to hack, scrape data, or use bots to manipulate purchases.

- Customers who demonstrate abusive, harassing, or threatening behavior towards our staff or other customers.

We are committed to treating all customers fairly and in compliance with the Unfair Commercial Practices Directive (2005/29/EC), ensuring that any refusal of service is based on clear and justified reasons. Should a customer’s service be refused, they will be informed in writing with a clear explanation for the decision.