Terms and Conditions of Sale
These Terms and Condition of Sale (“Terms of Sale”) apply to the purchase and shipping of Goods in Austria, Belgium, Denmark, Holland, Ireland, Italy, Portugal, Spain, Sweden and United Kingdom (including Northern Ireland and Isle of Man) through our Website (please note that certain countries may have a dedicated on-line store). Please read these Terms of Sale carefully before placing an Order. By confirming that you have read and accepted these Terms of Sale when you submit an Order through the Website, you confirm your unconditional acceptance of these Terms of Sale.
If you need further information or have any questions about these Terms of Sale, please check our FAQ page and if you would still like assistance please contact our Customer Service department through our Contact Us page.
In these Terms of Sale “VF”, “we” and “us” means VF INTERNATIONAL S.A.G.L., whose registered office is at Via Laveggio, 5, 6855 – Stabio, Switzerland, Company Registration number Lugano - CH-514.4.028.163-8, and “you” means you the customer. Capitalised terms used in these Terms of Sale shall have the meaning set forth in the “Definition” section below. These Terms of Sale along with your Order and our Order Confirmation constitute the contract between us and you for the supply of Goods. No other terms and conditions shall apply. The contract cannot be varied unless we mutually agree to vary it in writing or by email.
A copy of these Terms of Sale can be stored electronically or printed by all users of our Website.
All goods are shipped from our warehouse in Almelo, The Netherlands.
1. INFORMATION RELATING TO GOODS
We will make reasonable efforts to ensure that the information about Goods is accurate and up-to-date. However we do not warrant or guarantee that there will be no errors in the description and/or pricing of the Goods, or that Goods will always be available if you wish to place an Order to purchase them. None of the material contained in our Website is to be relied upon as a statement or representation in relation to Goods. All images, illustrations and descriptions of Goods are for information only and you are invited to contact us using the contact us page if you need any further information about Goods.
We make all reasonable efforts to accurately display the attributes of our Goods, including the applicable colours, however, the actual colour you see may depend on your computer system and settings therefore we cannot guarantee that your computer will accurately display such colours.
We reserve the right, at any time and without notice, to modify the information about Goods displayed on our Website, including without limitation information on prices, description and availability of Goods. However, changes to price, availability or description of any Goods will not affect Orders submitted by you which have already been accepted by us in accordance with Clause 2 below.
The foregoing will not affect your statutory rights relating to misdescribed goods.
2. HOW DO I PLACE AN ORDER
To place an Order you must be 18 years of age or over. To place an Order you will have to select the Goods on the Website, select your preferred shipping method and, at your discretion other optional services and click on the “CHECKOUT SECURELY NOW ” button. We cannot accept Orders placed in any way other than as detailed above.
If you have any problems during the placement of an Order or if you are not sure whether or not your Order made through the Website has been finalised please contact us.
When you place an Order you make an offer to us to purchase the Goods you have selected. Orders are subject to availability and acceptance by us and we may, at any time and at our sole discretion, refuse to accept your Order, including but not limited to the cases where:
i. You provided us with incorrect information, including without limitation, insufficient or incorrect payment details, incorrect billing information; insufficient or incorrect shipping address or fraudulent information.
ii. There is an error on our Website relating to the Goods that you have ordered, for example an error relating to the price or description of the Goods as displayed on our Website.
iii. The Goods that you have ordered are no longer available through our Website.
iv. We believe that you are under the age of 18.
We will not be liable to you or any third party for withdrawing any Goods from the Website, removing or editing any materials or content on the Website, refusing to process an Order or suspending any transaction after we started to process it.
If we cannot accept or process your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept or process your Order because the Goods are no longer available, or because of an error in the price and/or other information about the Goods for which you have placed an Order, we will notify you and we will cancel your Order in relation to those Goods we cannot supply as well as refund you any money that you have paid to us in respect of those Goods.
If you have placed the Order through the Website you will receive an automated email confirming receipt of your Order. This email contains the relevant details of your Order (such as quantities, price, shipping terms). Please note that this email does NOT constitute an acceptance of your Order. Your Order will be accepted and the contract between us and you will be concluded only when we despatch the Goods. At such time you will receive an Order Shipment Confirmation email informing you that we have despatched all, or a part, of the Goods covered by your Order.
Orders can be cancelled by you at any time before being processed by us. If you wish to cancel your Order please contact us via our Contact Us page. In case of cancellation, we will refund you the cost of the Goods included in the cancelled Order.
We will not accept order cancellations made in any way other than that listed above. Once your Order has been processed you may only exercise your right of withdrawal according to the procedure under Clause 8 below.
3. WHAT HAPPENS IF GOODS ARE UNAVAILABLE
We will make reasonable efforts to ensure that the information about Goods displayed on our Website are always accurate. However, when you place an Order certain Goods may unfortunately be out of stock.
If we are unable to send you the ordered Goods within 30 days from the date of your Order we will cancel your Order either partially or entirely and, in such a case, we will refund you the cost of the Goods in the cancelled Order. Nothing in these conditions will affect your statutory rights relating to faulty goods.
4. OUR PRICING POLICY
The prices of the Goods are indicated on our Website and will be confirmed in the automated Order Confirmation email you will receive once you have placed your order.
All prices are in Euros (or Pounds Sterling for Goods to be delivered in United Kingdom) and inclusive of VAT.
Delivery costs may apply to your Order as indicated on our Website at the time you submit your Order. Delivery costs will depend on the value of your Order and your required shipping method. To see our delivery charges and terms and conditions please visit our Delivery and Returns page.
We reserve the right to modify the price of our Goods on our Website at any time and without prior notice. Changes to the price of Goods will not affect your Order once we have accepted the Order and sent you an Order Confirmation email.
If we find an error in the price of Goods you have ordered, we will cancel your order and we will inform you in accordance. Afterwards, we will refund you for any sum that has been paid by you.
5. HOW CAN I PAY
We accept most payment cards including Visa, JCB, Visa Electron, Delta, MasterCard and American Express. We also accept payment by PayPal. Payment must be made in the currency as indicated on your Order before you submit it.
If you pay by credit or debit card, you must supply your card details when you place your Order. Your credit or debit card will be debited for the total value of your Order at the time your Order is placed by you. We will not accept your Order, neither will we supply the Goods to you until your credit or debit card issuer has authorised the use of your card for payment of the Goods ordered. If we do not receive such authorisation we will notify you. We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
We take all reasonable care to make our Website secure and to prevent frauds. All credit and debit card transactions on this Website are processed by “CYBERSOURCE LIMITED”, a secure online gateway which will be responsible for holding and automated handling in a secure environment of the information relating to your payment details. Please note that we may, at any time and at our sole discretion, restrict shipping to certain Countries or locations we believe to be a high fraud risk.
If you are paying by PayPal you will be asked to log in to your PayPal account with your email address and password to confirm the payment. If you do not have a PayPal account you can still pay with PayPal up to a maximum of 10 times and will be asked to enter personal data and credit card details. Your Goods will be supplied after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
We will send the Goods to you at the delivery address indicated on your Order Confirmation. We may, however, only send documents by email to the email address which you provided at the time of making the Order.
6. WHEN ARE GOODS DELIVERED AND HOW CAN I TRACK MY ORDER
Goods ordered through this Website can only be delivered to Austria, Belgium, Denmark, Holland, Ireland, Italy, Portugal, Spain, Sweden and United Kingdom (including Northern Ireland and Isle of Man). Delivery will be made by standard or express courier at your choice during normal business hours. Delivery charges may apply to your Order, to see our delivery terms and conditions and delivery charges please see our Delivery & Returns page. Upon delivery of the Goods to our carrier we will send you an Order Shipment Confirmation email.
We will not deliver any Goods unless or until full payment has been received. We will make all reasonable efforts to deliver the Goods within the delivery time specified in our Delivery Terms and Conditions. However, any delivery date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any unavoidable delays in delivery.
If there is no one at the nominated delivery address who can accept delivery of Goods, the carrier will leave a notification card in your mail box.
Title to and risk of loss in your Goods will pass to you on delivery.
7. HOW TO RETURN GOODS
We hope you are delighted with your purchase from TIMBERLAND however we understand if you wish to return any or all of the items. Goods which were supplied in error, were incomplete, damaged or faulty, or if you have just changed your mind, can be returned to us using the process found on our Delivery and Returns page.
8. YOUR RIGHT OF WITHDRAWAL
If you have received the ordered Goods and are not satisfied with any of them or have simply changed your mind about purchasing them after we have e-mailed you your Order Confirmation, you may exercise your right of withdrawal without penalty and without giving any reason and request a refund within 30 (thirty) calendar days of delivery of the Goods, provided that you return the Goods to us according to the procedure indicated under ‘How to make a return’ on our Returns page available here.
Please note that while the Goods remain in your possession you are under a duty to ensure that the Goods are kept safe, secure and in good condition.
9. OUR LIABILITY TO YOU
Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
(i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable.
The aforesaid limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent VF has assumed a specific guarantee.
The above provisions shall apply accordingly to our liability for futile expenses.
You shall be obliged to take adequate measures to avert and reduce damages.
Nothing in these Terms of Sale shall affect your statutory rights as a consumer, or your right of withdrawal as per Clause 8 above.
10. HOW YOUR PERSONAL DATA IS PROCESSED
11. USE OF THE WEBSITE
12. INTELLECTUAL PROPERTY RIGHTS
TIMBERLAND trademark as well as all trademarks, whether they are figurative or not, and all other marks, illustrations, images, and logo which appear on our products, accessories or packaging, whether registered or not, are and remain the exclusive property of TIMBERLAND LLC and its affiliated Companies. Any reproduction, whether complete or partial, modification or use of these marks, illustrations, images and logo, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited and will be prosecuted.
13. CIRCUMSTANCES BEYOND OUR CONTROL
We will make every effort to perform our obligations under these Terms of Sale. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control, including, without limitation, an act of God, explosion, flood, fire or accident, war or civil disturbance, strike, industrial action or stoppages of work, any form of government intervention, a third party act or omission, failure of our supplier(s), failure by you to give us a correct delivery address or notify us of any change of address, or a failure by you to affect payment.
We will inform you of any such unforeseen event as soon as possible after its occurrence and we will perform our obligations as soon as reasonably possible. Should this interruption continue beyond a period of 2 weeks you will be entitled to cancel the Order and a refund will be made in accordance with Clause 8 of these Terms of Sale.
14. APPLICABLE LAW
These Terms of Sale are governed by the laws of Switzerland excluding the UN Convention on the International Sales of Goods.
15. RESALE / RESHIPPING OF OUR MERCHANDISE
We constantly monitor the quality of the Goods that we offer to our customers in order to guarantee constant customer satisfaction. Our Goods are only distributed in our own and our authorised resellers' stores. You must not misrepresent yourself as being one of our authorised resellers or as being qualified to resell our Goods. We reserve the right to refuse to accept your Order if we suspect that you intend to resell our Goods.
16. SUBMISSIONS OF USER CONTENT
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Timberland or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ Website, for example Instagram, Twitter, Facebook, LinkedIn, Vine, Pinterest and Google+, that are associated with hashtags related to Timberland, including, for example, #timberland, #markmakers, #yellowboot, and #moderntrail. Such Submissions may be used on the Website and/or on other Timberland marketing media, including emails, social media, paid digital advertising, paid out-of-home advertising, Timberland.com, and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Timberland to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). Timberland is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Timberland without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Timberland reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Timberland is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Timberland, including its licensors and/or vendors, and Timberland does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Timberland has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
17. CONTACT US
If you have any questions about these Terms of Sale, our Goods or your Order, please contact us via our contact us page.
18. GENERAL TERMS
Neither our failure nor your failure to enforce any term of these Terms of Sale constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
In these Terms of Sale:
means the contract between you and us for the sale and purchase of Goods, comprising your Order, our Order Confirmation of your Order and these Terms of Sale.
means the products that we sell on our Website from time to time, including but not limited to jeans wear, sportswear, including apparel, bags, handbags and accessories.
means an order for Goods placed according to these Terms of Sale.
Order Confirmation means the order confirmation email issued by us to you indicating acceptance of your Order at the moment the Goods are despatched and the relevant details of your purchased Goods;
Terms of Sale
means these terms and conditions of sale.
means our website located at http://www.timberlandonline.co.uk
You or Your
means you, the customer.
“We", "our" or "us"
means TIMBERLAND, i.e. VF INTERNATIONAL S.A.G.L., TIMBERLAND DIVISION, whose registered office is at Via Laveggio, no. 5, 6855 – Stabio, Switzerland.