General Terms and Conditions of Contract
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 S.p.A. 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 Arvato Distribution GmbH with the legal address in Gottlieb-Daimler-Strasse 1, 33428 Harsewinkel (Germany) (the "Commissioner") 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.
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. 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.
6. 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.
7. 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.
8. 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
9. 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
10. 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 S.p.A. The products are exclusively new, have a high quality, as well as characteristics and production standards typical for the items offered by the seller.
11. 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.
12. 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.
13. 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.
14. 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
15. 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
16. 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.
17. All information about the product and the sale is available through our customer service. All contact details are available under „Contact“.
Right of revocation
18. As stated in the "Return and Revocation Consequences" section, the customer 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, Buerer Straße 351, 46242 Dorsten (Germany)
E-mail: [email protected]
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
25. The general 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. Jurisdiction for all disputes relating to the purchase of the products and use of the website is at the place of residence of the customer.
Changes and updates
26. 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.