General Terms and Conditions of Contract
In force since 2 April 2019.
1. These General Terms and Conditions of Contract (the "Conditions of Sale") govern the offer and selling of the products on the website woolrich.eu (the "Website"), with the trademarks "Woolrich", "Woolrich John Rich & Bros" and other brands of the Woolrich Group (the "Products"). The products are offered for sale by Woolrich Europe SPA Subject to Direction and coordination by Woolrich International LTD with registered office in Via dell'Arcoveggio 59/5, 40129 Bologna (Italy), VAT No. and registration number at the Chamber of Commerce Bologna 03506281207, HR no. 524587, fully paid up capital € 1,000,000 ("Woolrich"), and/or by manufacturers authorized by the vendor.
2. The selling of the products, on behalf of the vendor, is managed by Triboo Digitale S.r.l., company with registered office in Viale Sarca no. 336, Edificio Sedici, 20126 Milan Italy, tax code VAT number and Milan Monza Brianza Lodi Business Register no. 02912880966 (“Triboo Digitale” or il “Commissionario”), acting as commissioner and service provider and taking up the receiving of orders, collecting of payment, the entire sales process, the logistics, the delivery of the product to the end customer, the customer support and the entire customer service.
3. The selling of the products via the website is intended exclusively for the demand of customers who are "consumers" within the meaning of Legislative Decree No. 206 of 6 September 2005 (the "Customers"). For this reason, the vendor reserves the right of denying to process orders from persons other than consumers or orders which do not correspond to its own business policy. If one or more sales are effected to any subject not classified as a "Consumer" these Conditions of Sale shall be applicable but, in derogation of the provisions of the same (i) the Purchaser shall not be entitled to the right of withdrawal foreseen by art. 26 et seq. (ii) the Purchaser shall not be entitled to use the warranty on Products foreseen by art. 20 et seq., (iii) the Purchaser shall not be entitled to any other forms of protection provided herein in favour of "Consumers" which reflect or comply with mandatory provisions of the laws in force.
4. The terms of sale do not regulate the provision of services or the selling of products by third parties which are not the vendor but may be represented on the website or be accessible by link, banner or other hypertext links, for which the vendor accepts no liability.
Conclusion of the contract
5.Customers must be aged 18 or over and declare to have the legal capacity to act in order to make purchases on the Website.
6. To conclude a contract for the purchase of one or more products from the website, customers must complete the electronic order form and electronically submit it to the commissioner. The instructions in the field specified for this purpose must be followed.
7. The following points will appear in the order form: (i) a summary of the essential characteristics of the product ordered, (ii) the price (including applicable taxes or duties), (iii) the possible forms of payment, (iv) the shipping method, (v) the shipping and delivery costs, (vi) the conditions for the exercise of the right of withdrawal (see Article 17 et seq.), the (vii) conditions and (viii) the time limits for the return of the products.
8. Without prejudice to the provisions of point 8 below, the contract shall be deemed to have been concluded when the commissioner receives the duly completed order form by electronic means and has verified the correctness of the data entered as well as the acceptance of the conditions of sale. The order form is archived for the period required for the execution of the orders and in any case according to the legal regulations and can be checked by the customers by using the My Account section.
9. After completion of the contract and acceptance of the order, the commissioner sends an order confirmation by e-mail with the information already contained in the order form. The commissioner has the right to reject the execution of the orders which do not provide a sufficient guarantee for the solvency of the customer or are incomplete or incorrect, or if the products are not available. In such cases, the vendor informs the customer by e-mail in due time, stating the reasons why the contract has not been completed and the order is not processed.
Non-availability of products
10. If the products presented on the website are not or no longer available at the time the customer submits the order form, the commissioner is responsible for informing the customer in good time or at least within 30 (thirty) days from the day following the dispatch of the order, that the ordered products are not available. If the price has already been paid, the commissioner will immediately refund the prepayment made by the customer.
Warranty and indication of product prices
11. Woolrich only offers products for sale that are labelled with the trademark "Woolrich" or other trademarks belonging to the Woolrich Group or those manufacturers authorized by Woolrich Europe SPA Subject to Direction and coordination by Woolrich International LTD. The products are exclusively new, have a high quality, as well as characteristics and production standards typical for the items offered by the seller.
12. The main characteristics of the products are presented on the website in each product information. However, the images and colours of products offered for sale on the website may differ from reality due to colour and light changes caused by the internet browser and the screen used.
13. The product prices are indicated in Euro. If the price indicated in the product information changes due to the exchange rate in comparison to the currency chosen for payment by the customer, this price is stated in the order confirmation of the commissioner. Price of the Products is indicated on the Website the moment the Customer submits the order. Prices include standard packaging, VAT (where applicable) and any indirect taxes (where applicable) and all delivery costs.
14.If the Website confirms delivery outside the EU and the Customer requests delivery of the Products to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Customer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Customer is invited to check with the relevant authorities in his country of residence or destination of Products.All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions of Sale are the exclusive responsibility of the Customer.The Customer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in this paragraph, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
15. All products are provided with a label for identification that is attached with a stitching thread. This label and the corresponding stitching thread are an essential part of the product and must not be removed or damaged in order to avoid the forfeiture of the right of revocation as described in Article 22 below.
16. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect .In any case, the Customer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 6 above. In the event that during the Product selection procedure on the Site above, the Customer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address email@example.com.
17. The payment of the product price and the corresponding shipping and delivery costs must be executed by the customer at the time when he submits the order, using the data provided in the order form. The customer can use the following payment forms:
- credit card
18. The use of credit and debit cards and the financial information (e.g. the credit/debit card number, user code and verification of the owner or the expiration date) are protected by encrypted logs and separate security systems for online transactions. The vendor shall use the data only for the purpose of completing the purchase transactions and making any refunds on the return of the products, or to prevent defraudation on woolrich.eu and to report it to the police.
Shipping and delivery of the products
19. The specific terms of shipment and delivery of the products are listed in detail in the section "Shipping & Delivery" on this website. This point is an essential and supplementary part of these sales conditions. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller and Commissioner.
Legal guarantee of conformity
20.The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (Consumer Protection Code ), provides Customers classified as "Consumers" with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Customer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller of the product, on the information leaflets, tags or labels.
21.The Customer is required to report any defects and non-conformities of the products within and no later than 2 (two) months of acknowledging the same, sending the relative form to the Customer Care Service at this address firstname.lastname@example.org by using the “Contact” section on the Website, clearly indicating the defect and/or non-conformity detected, and return the Product, applying the preprinted shipping label found inside the packaging used to deliver the Product being returned, to the outside of the packaging. Failure to do so will invalidate this warranty. To this purpose the Customer shall follow the instructions provided in the "Right of Withdrawal" section. The Seller shall assess the defects and nonconformities reported by the Customer through the Woolrich support service.
22. In cases of defects and/or nonconformities, the Customer shall be entitled to have the conformity of the Product reinstated with repair or replacement of the same by the Seller, or alternate remedies in the cases expressly foreseen by art. 130 of Legislative Decree no. 206/2005.
23. If the Seller undertakes to refund the Customer for the price paid, the refund will be effected, where possible, using the same payment method used by the Customer to purchase the product, or by bank transfer. In the latter case, the Customer shall be responsible for sending the Seller, using the same e-mail or the "Contacts" section of this Website the bank details for the bank transfer in his favour, and allow the Seller to transfer the refund.
24. With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and the Consumer Code shall be applicable. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Customer, the identity and domicile address of the manufacturer of the product concerned.
25. All information about the product and the sale is available through our customer service. All contact details are available under „Contact“.
Right of revocation
26. As stated in the "Return and Revocation Consequences" section, the customer, classified as a "Consumer" under the Consumer Code, is entitled to revoke the contract concluded with the commissioner within 14 (fourteen) days of receipt of the purchased products, without any costs or reasons. However, it is not possible to exchange the purchased garment for another. Within this period, the customer must send the revocation to the commissioner at the following address:
Woolrich Online Store, Arvato Services Italia S.r.l. via Lombardia 21, Telgate (BG) Italia
27. The customer must return the product to the commissioner within 14 days from the exercise of the right of revocation. The customer can return the product(s) free of charge by delivering it/them to a courier office with the return note enclosed with the package. The customer must use the pre-printed return label and attach it to the package containing the returned product.
28. If the customer uses a courier service of his choice for the return of the product, he assumes all liability in case of loss or damage to the product. If the courier service provided by the commissioner is used, the customer is exempted from all liability as soon as he has delivered the product to the courier service. The Product shall be returned within the aforementioned deadline to: Woolrich Online Shop, at Arvato Services Italia S.r.l. via Lombardia 21, Telgate (BG) Italia
29. It is agreed and understood that the fulfilment of the following conditions is necessary for the exercise of the right of revocation:
- The product must not be used, worn, washed, altered or damaged.
- The label must still be affixed to this product with the stitching thread, which is a supplementary component of the product, and it must be intact and undamaged.
- The product must be returned in the original, undamaged original packaging (except for the opening) in which it was delivered.
- The product must be handed over to the courier within 14 (fourteen) days after receipt of the customer's revocation notification.
30. After receiving the product, the commissioner will carry out the necessary checks. If the result of the checks is positive, the commissioner sends an e-mail confirming the product withdrawal. Reimbursement of the money will be executed as soon as possible and in any case within 14 days after receipt of the notification by which the customer exercises the right of revocation. This shall not affect the right to withhold the refund until a proof about the dispatch of the product to be returned has been received. Reimbursement will be executed in the same currency as the debit in favour of the credit card or the type of payment the customer has chosen to execute the payment.
31.The Customer is liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature and characteristics of the same. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including labels, ID tags and single-use seals which must be intact and still attached to the product), unaccompanied by the original packaging and packing, the Customer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. .To this purpose, it is highly recommended for Customers not to handle the product other than as strictly necessary to establish the nature and characteristics of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.If the deadlines and conditions for the exercise of the right of revocation have not been observed, the customer is not entitled to the reimbursement of the amounts paid to the commissioner, but only to the return of the product in the state in which it was sent to the commissioner and on behalf of the customer. Otherwise, that is, if the customer notifies that he does not want the product to be returned, the vendor can keep the product in addition to the paid amount of money.
Legge applicabile and Jurisdiction - Settlement Attempt - European ODR Platform
33. These Conditions of Sale are governed by Italian law, in particular by Legislative Decree No. 206 of 6 September 2005 on the Consumer Law, with particular reference to the provisions on distance contracts and by Decree Law No. 70 of 9 April 2003 on certain aspects of the electronic commerce.
34.In the event of a dispute between the Seller and the Customer classified as a "Consumer", we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet .For further information on the RisolviOnline regulations or to submit a settlement request, please visit www.risolvionline.com.
35. As an alternative to the settlement proposed in art. 34 above, the Customer classified as a "Consumer" is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes relating to the purchase of products through this Website. .The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: : email@example.com.
36. If no settlement attempt is made, as under arts. 34 or 35 above, or the attempt is not successful, exclusive jurisdiction for all disputes regarding the purchase of Products through the Website shall be granted to the competent court in the Customer's place of residence or domicile address.
Changes and updates
37. The terms of sale may be changed from time to time, also in the event of any legal changes. The new terms of sale will be effective upon their publication on the website and are always and in any case binding for the customers.