TERMS OF SALE – Carhartt Direct B.V. NL858625908B01
Please read these Terms of Sale carefully before ordering products online from Carhartt Direct B.V. NL858625908B01
The Website is only intended for use by consumers residing in Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
2. PLACING ORDERS ON THE WEBSITE
To place an order on the Website, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with Carhartt. By placing an order on the Website, you represent and warrant to us that you are at least 16 years old, or at least as old as required by the law applicable to you in order to enter into a valid and enforceable agreement with us.
NO PURCHASE FOR RESALE
HOW TO ORDER
When you place an order, we will send you an email acknowledging receipt of your order; this email does not result in a contract between you and us. If we accept your order and ship the products to you, we will send you an email confirming that we accepted your order and that the products ordered by you have been shipped (“Shipment Confirmation”). At this point a contract, containing and subject to these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Shipment Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this by email and will not process the order. Fulfillment of all orders on the Website is subject to availability.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you if we believe any of the following situations is occurring, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled, depending on the reason that we cancelled the Contract:
• the product is not available / in stock;
• we received incomplete, incorrect, unverifiable or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
• your order is flagged by our security systems as an unusual order or an order susceptible to fraud;
• you are under 16, or under an older age if an older age is required under applicable law to enter into an agreement with Carhartt;
• we believe you are a reseller or intended to resell our products;
• there was an error in the price displayed on the Website or a product was otherwise incorrectly described;
• we could not deliver to the address provided by you; or
• due to an Event Outside Our Control (see below).
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices, and you agree to such form of invoicing.
MAINTENANCE OF PRODUCTS
We draw your attention to the washing and maintenance instructions printed on the labels of the products. We are not liable for any damage resulting from incorrect handling of products, including handling contrary to the instructions.
3. PRICE AND PAYMENT
We do not accept any method of payment other than those listed on the Website. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
If you pay using PayPal, please see www.paypal.com for information on PayPal payments.
If you pay using Klarna Pay later, your payment is processed by Klarna. If your Pay later request is accepted, Klarna will send you an email with payment instructions once your order is shipped. In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement .
We retain title in any product until we have received full payment for such product.
PRICES AND CURRENCY
The product prices displayed on the Website are inclusive of Value-Added Tax (VAT), as applicable. Delivery costs are displayed and applied per order. The exact shipping costs depend on the country where your order is being delivered to. For details on shipping costs per country see our Shipping & Returns Policy.
Prices are quoted in Euro or British pound. If you change the country of delivery or switch to another of our Websites that is specific to a different European country while browsing or during check out, prices from that moment on may be quoted in a different currency.
YOUR TOTAL PRICE
The total price specified in the final checkout screen includes applicable taxes and shipping costs. This price will be recorded in the Shipment Confirmation, which we recommend that you print or download for future reference. If paying by credit or debit card or other payment account, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank and/or payment account provider will apply the exchange rate applicable per the date of purchase. This exchange rate is beyond our control.
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have accepted in a Shipment Confirmation.
4. SHIPPING & DELIVERY
We ship and deliver products to you in accordance with our Shipping & Returns Policy, which is incorporated by reference into these Terms of Sale – click here to read our Shipping & Returns Policy.
In addition to the Shipping & Returns Policy, the following terms apply to any order we receive from the Website:
We may not be able to ship on public holidays in the countries where you are located, our warehouse(s) are located, or our shipper(s) are located. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in our Shipping & Return Policy. We do not ship to PO Boxes or CEDEX addresses.
Where possible, we try to deliver all items which you have ordered at the same time. We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional shipping costs. However, if you request that we deliver in parts, we may charge you for additional shipping costs.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
Costs for shipping and delivery, and any returns, are listed in our Shipping costs will also be displayed to you as part of placing your order with us.
5. RETURNS AND CANCELLATIONS
Returns and cancellations are governed by our Shipping & Returns Policy, which is hereby incorporated by reference into these Terms of Sale. Click here Shipping & Returns Policy.
YOUR RIGHT OF WITHDRAWAL
Under EU law, you have a statutory right to withdraw from your Contract within fourteen (14) calendar days of receiving the products you ordered. You will be obligated to return the products to us without undue delay, and no later than fourteen (14) calendar days from the day after you have communicated your withdrawal from the Contract to us. We will refund all payments we have received from you, including shipping costs for standard delivery. Please note we may withhold refunds or reimbursements until we receive the returned products or you have supplied sufficient evidence of having sent the products back to us. The easiest way to return products to us is via the instructions in the Shipping & Returns Policy.
Please make sure that the products you return are complete and not used in any way other than what is reasonably necessary to decide if you want to keep them. (For example, you are allowed to try garments or shoes on for fit, but you cannot wear or wash them.) If you use the products in any way other than what is reasonably necessary to decide if you want to keep them, we may hold you liable for the diminished value.
You do not have a right of withdrawal for contracts involving (a) delivery of products that are made to your own specifications or which are clearly tailored to your personal needs (Customized products); and/or (b) delivery of products which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.
For information on how to withdraw from this Contract, see the Website www.carhartt.com , which contains a withdrawal form that you can use to exercise your right of withdrawal. You can also inform us that you want to exercise your right of withdrawal by an unequivocal statement of withdrawal sent to us via email at email@example.com or by letter. It is sufficient that you send such a statement to us before the withdrawal period ends.
CARHARTT SPECIAL RETURNS POLICY
In addition to your EU withdrawal rights – thus even after your statutory withdrawal period of 14 days has expired – our Carhartt Special Returns Policy offers you the right to return products you have ordered under the following conditions: If you are not happy with your Carhartt purchase for any reason, we will also be happy to accept a return. You may return your purchase within 60 days of the shipment of your order. Items being returned must be in their original condition with the tags; we reserve the right to refuse or only partially refund returned products that have been used, are missing their tags, or are otherwise diminished in value.
Refunds will be issued based on the original form of payment. If you paid via bank transfer, you need to give this information to firstname.lastname@example.org when you initiate the return so that we can refund the money directly to your account. For practical information on how to return and for refund timelines, see our Shipping & Returns Policy.
We do not exchange products. If you wish to exchange a product, simply return your purchase for a refund in line with our Shipping & Returns Policy or the Carhartt Special Return Policy, and place a new order. Please note that refunds will only be granted as set forth in these Terms of Sale and our Shipping & Returns Policy or the Carhartt Special Return Policy.
6. PRODUCT WARRANTY
Carhartt is committed to offering the finest workwear products and customer service. For information about warranties on Carhartt products, please see our at Warranty Page
Note that Carhartt’s commitment to its products does not cover damage caused by normal wear and tear (including zippers and other hardware), misuse, neglect, or abuse of the garment. Carhartt is not responsible for damage arising from failure to follow instructions relating to the product’s intended use, or for garments that have had alterations, embroidery, or other ornamentation added to the garment. Carhartt is not responsible for injury or loss caused by or associated with misuse of the product. Carhartt does not warrant damages or defects to the Carhartt product under the following conditions: an Event Outside Our Control, work on or repair of the Carhartt products by parties other than Carhartt, misuse of the product, alterations to the Carhartt product, shipping damage (other than original shipment from Carhartt), or damage caused from other external sources.
Except as expressly set forth in this Section and to the greatest extent allowed by law, Carhartt makes no other representations, warranties or conditions, express or implied, including any implied representations, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, and non-interference. Any implied warranties that may be imposed by law are limited in duration to the greatest extent allowed by law. Some countries do not allow a limitation on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages for consumer products. In such countries, some exclusions or limitations of this Section may not apply to you. This Section is subject to change without notification.
7. LIMITATIONS OF LIABILITY
Some jurisdictions may not allow the exclusion or limitation of liability or disclaimer of warranties; if this is the case, such exclusions or limitations will not or not fully apply to you, but only to the extent such exclusions or limitations are allowed.
8. EVENT OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract or these Terms of Sale:
a) We will contact you as soon as reasonably practicable to notify you; and
b) Our obligations under a Contract or these Terms of Sale will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date for you after the Event Outside Our Control is over. You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish us to provide the product(s). Please see your cancellation rights under Returns and Cancellations (above).
9. OTHER TERMS
We may transfer and/or assign our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under your Contract.
You may only transfer and/or assign your rights or your obligations under a Contract to another person if we agree in writing.
Each of the paragraphs of this Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
10. CHOICE OF LAW/JURISDICTION
Except where prohibited and without limitation to mandatory statutory rights for consumers under the laws of their country of residence, you agree that the Website, Terms of Sale, and any dispute between you and Carhartt shall be governed in all respects by the law of the Netherlands, without regard to choice of law provisions.
Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Website (including but not limited to the purchase of Carhartt products) shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Amsterdam, the Netherlands.
In case you have a complaint, please contact us in the first instance at email@example.com or +441223790199. If you feel your complaint is not adequately addressed you can – but are not obliged to – use Online Dispute Resolution (ODR) available at http://ec.europa.eu/odr.
To the extent permitted under applicable law, all claims against Carhartt must be brought within one (1) year after the claim arises.
COMMUNICATIONS BETWEEN US
When we refer to any communications or notifications “in writing,” this will include email.
If you have any questions or comments about the Website or these Terms of Sale, or in the unlikely event that you wish to make a complaint please don't hesitate to contact Customer Service at firstname.lastname@example.org, +441223790199, or by clicking here.
Date of Last Revision: 26-09-2018