General terms and conditions for online sales

 

1. Scope of application


1.1 The offer and sale of products (the "Products") on www.woolrich.com (the "Website") are governed by the following General Terms and Conditions of Sale. Items purchased on www.woolrich.com are products sold and identified by trademarks (the "Trademarks") owned by - or licensed to - Woolrich Europe S.p.A., a single member company, with registered office at Via della Cooperazione 21, I-40129 Bologna, Italy, registered with the Bologna Company Register and with tax code number 03506281207, subject to the management and coordination of Woolrich International Limited (hereinafter "WOOLRICH").


1.2 The sale of Products through the Website is intended solely and exclusively for customers who can be qualified as consumers pursuant to the Consumer Code, meaning natural persons who purchase Products from the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (the "Consumers"). Therefore, Woolrich reserves the right, which may be exercised at its own exclusive and unquestionable discretion, not to process orders from anyone other than Consumers.


1.3 The General Terms and Conditions of Sale do not govern the supply of services and/or the sale of products by third parties other than Woolrich, which may be on the Website or accessible through links, banners or other hypertext links, for which Woolrich does not accept any responsibility.


1.4. It is strictly forbidden for underage persons (anyone under the age of 18) to place an order on the Website.

 

2. Creating an account


2.1 In order to buy the Products available on the Website, the Customer can create a new account on the Website. The Customer will be able to access the Website with their login details, obtained after creating an account in their name on the Website.


2.2. To create a new account on the Website, the Customer must correctly fill in the fields in the registration form, enter all the data requested therein and provide any additional consent and confirm the registration.


2.3. For the purpose of creating an account on the Website, the Customer must choose a password that they must keep confidential. The Customer's username, on the other hand, will be the email address they provided when they registered.


2.4 After registering on the Website, the Customer will receive an email message confirming their registration at the address provided when they registered.


2.5 The Customer may delete their account at any time by sending an email to the Company at privacy@woolrich.com. Upon receipt of this communication, any contractual relationship between the Customer and the Company - except for purchase orders that have already been sent before the deletion request - will be deemed terminated and the User's username and password will be deleted.


3. Buying as a "guest''


3.1. The Customer may also buy on the Website as guest, without creating an account on the Website. In that case, the Customer must correctly fill in the fields of the appropriate form on the Website, by entering all the data requested therein (by way of example but not limited to: name, surname, billing and delivery address, email address and telephone number).


4. Conclusion of the sales agreement 


4.1 These General Terms and Conditions of Sale are an integral and essential part of the sales agreement concluded between you (the "Customer") and WOOLRICH.


4.2 Placing an order online implies that the Customer has full knowledge of and fully accepts these General Terms and Conditions of Sale.


4.3 If the Customer does not agree with one or more terms contained in these General Terms and Conditions of Sale, the Customer is advised not to make any purchase on the Website.


4.4 When placing an order, the Customer will be informed that such submission implies the obligation to pay the specified price.


4.5 The sales agreement with WOOLRICH is concluded when WOOLRICH receives the Customer's order online, after checking that the data contained therein is correct. The order form will be stored for the period of time necessary for it to be processed and in any case within the terms allowed by law and will be available in the " My Account " section (if the Customer has created an account).


4.6 When placing an order, the pre-contractual information required by the applicable legislation will be provided, unless already stated in these General Terms and Conditions of Sale, and specifically: (i) an adequate summary of the information on the main features of the Product ordered, (ii) the relevant price (including applicable taxes or duties), (iii) the payment methods that can be used to buy the Products, (iv) the delivery methods and the expected delivery date for the Products, (v) the relevant shipping and delivery costs and (vi) the conditions for exercising the right of withdrawal.


4.7 Upon conclusion of the sales agreement, WOOLRICH will acknowledge receipt of the Customer's purchase order by sending an email containing a summary thereof. This email, however, does not constitute automatic acceptance of the order. WOOLRICH reserves the right to refuse orders from Clients with whom there is a pending dispute concerning the payment of a previous order, which do not provide sufficient guarantees of solvency, or which are incomplete or incorrect, or in case of unavailability of Products. In these cases, WOOLRICH will notify by email that the agreement is not concluded and that WOOLRICH has not processed the purchase order.


5. Unavailability of products and force majeure


5.1 If one or more Products shown on the Website are no longer available or on sale when the Customer sends the order, WOOLRICH shall inform the Customer of the unavailability of the ordered Products in a timely manner and in any case within 30 (thirty) days from the day after the order was received. If payment of the price has been made, WOOLRICH shall immediately refund the amount paid in advance by the Customer.


5.2 WOOLRICH shall not be liable for delayed or non-delivery due to force majeure (including, but not limited to, any unforeseeable, unavoidable event or circumstance beyond WOOLRICH's control, such as the blocking of means of transport, earthquakes, fires, storms, floods, lightning, suspension of telecommunications networks, wars, lockouts, strikes, epidemics, measures taken by the authorities, pandemics, etc.) or unforeseeable circumstances. WOOLRICH shall not be liable to Customers for damages (direct or indirect), losses or costs incurred following the delayed or non-execution of the sales agreement for the Products on the Website due to the above-mentioned force majeure events. The Customer shall only be entitled to a refund of the price paid if the Products purchased cannot be delivered.

 

6. Product quality and prices


6.1 The Products sold on the Website are solely new items with the high quality features and standards typical of WOOLRICH clothing and that the Customer can reasonably expect.


6.2 The key features of the Products are shown on the Website in each Product description. The Customer acknowledges and expressly accepts that the images and colours of the Products sold on the Website may, however, not correspond to reality due to alterations in colour and/or light generated by the Internet browser or monitor used. The Customer therefore waives the right to make any claims in this respect.


6.3 All sales prices of the products shown and indicated on the Website are inclusive of VAT and any other tax that may be applicable in connection with the sale, including customs taxes, import taxes and customs brokerage fees, if applicable according to the destination of the order.


6.4 The cost of shipping and handling, or other additional costs, if any, will be clearly indicated and displayed before the order is completed.


6.5 All Products bear an identification tag attached with a disposable seal. This tag and its seal are an integral part of the Product and must not be removed or damaged or the right of withdrawal will be forfeited.


6.6 Prices, the Products sold on the Website and/or their features may be subject to change without notice. In any case, before sending the order, the Customer is advised to check the final sale price. If, while selecting Products on the Website, the Customer notices that the price of one or more Products they wish to select is clearly lower than the price normally applied (without prejudice to any discounts and/or promotions available at that time), due to an obvious technical problem with the Website, the Customer is advised not to complete their purchase order and to report the aforementioned technical problem to Customer Service by accessing the "Contact Us" section of the Website. On the other hand, an obvious error in the price shown on the Website in relation to the usual price of the product selected will entitle WOOLRICH not to confirm the shipment and to immediately refund the price paid, with no right on the part of the Customer to make any claims in this respect.

 

7. Payment


7.1 When paying for the Products and the relevant shipping and delivery costs, the Customer may use one of the methods indicated in the "Payment methods" section of the Website and/or in the order form. The information contained in this section forms an integral and substantial part of these General Terms and Conditions of Sale and, therefore, is deemed to be fully known and accepted at the time the order is placed. However, the available payment methods do not entail any different or additional costs.


7.2 The Customer is solely responsible for the data entered, and therefore undertakes to use only credit cards that they are legally authorised to use.


7.3 When paying by credit card, the payment transaction will be processed using a secure connection directly connected to the bank that owns and operates the online payment service, which WOOLRICH cannot access. More specifically, financial information (e.g. credit/debit card number or expiry date) will be forwarded, via encrypted protocol, to the banks providing the relevant remote electronic payment services, with no access by third parties whatsoever. Moreover, this information will never be used and/or stored in any format (including electronic format) by WOOLRICH. In any case, the credit card shall be debited at the time of shipment of the purchased product, without prejudice, of course, to the Customer's right to have the amount re-credited in any case of default by WOOLRICH, or non-performance of the agreement for any reason.


7.4 If the Customer chooses the PayPal or Klarna method, where applicable, they will be directed to the website of the aforementioned provider, where they will make a payment for the Products according to the procedure provided for and governed by the same, and to the terms and conditions agreed between the Customer and the provider. The data entered on the provider's website will be processed directly by the provider and will not be transmitted to or shared with WOOLRICH. WOOLRICH is therefore unable to know and does not store in any way the credit card details linked to the Client's PayPal or Klarna account, or the details of any other payment tool connected to those accounts. The total amount due will be charged by PayPal upon conclusion of the online agreement and will be charged by Klarna upon shipment of the purchased product. In the event of termination of the sales agreement and in any other case of refund, for any reason whatsoever, the amount of the refund payable to the Customer shall be credited to their PayPal or Klarna account. The time taken to credit the payment tool linked to this account is solely dependent on PayPal and Klarna. Upon arranging for the payment to be credited to such account, WOOLRICH shall not be liable for any delays or omissions in crediting the refund amount. The Customer shall contact PayPal or Klarna directly to dispute such delays or omissions.

 

8. Product shipping and delivery


8.1 The specific methods of shipping and delivery of the Products are detailed in the "Shipping and Delivery" section of this Website, which forms an integral and substantial part of these General Terms and Conditions of Sale. The Website indicates the availability of the Products and their delivery times, however, such information shall be treated merely as an indication and is not binding on WOOLRICH, which assumes no liability in this respect.

 

9. Legal guarantee of conformity - return of damaged, defective or incorrect products.


9.1 Pursuant to and for the purposes of Directive 1999/44/EC, the Consumer Code and, where applicable, EU Directive 2019/771, WOOLRICH guarantees the Customer that the Products will be free from design and material defects and conform to the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Customer. Any warranty shall not apply in the event of use or washing of the Product that does not comply with the Product itself and/or the relevant instructions/warnings provided by WOOLRICH, or contained in the relevant literature, tags or labels.


9.2 Under penalty of forfeiture of this warranty, the Customer has the duty to report any defects and/or non-conformities of the Products within and no later than 2 (two) months from the date they were detected, by sending the relative communication, indicating the defect and/or non-conformity found to Customer Service, via the "Contact us" section on the Site, as well as returning the Product to WOOLRICH, applying the pre-printed shipping label found in the package received to the package used for the return, following the instructions provided in the "Returns and Refunds" section. WOOLRICH shall assess the defects and non-conformities reported by the Customer through the WOOLRICH support service.


9.3 In the event of defects and/or non-conformity of a Product, the Customer shall be entitled to the restoration of the conformity of the Product itself, by means of repair or replacement, or to alternative remedies in the cases expressly provided for by Article 130 of the Consumer Code. Should the Customer receive a damaged, non-conforming, defective or incorrect Product, they may request its repair or replacement, or, where applicable, the alternative remedies provided for by the Consumer Code, within and no later than 2 (two) months from the date they were detected. Pursuant to Directive 44/99/EC and Article 128 et seq. of the Consumer Code, Products purchased on the Website are covered by the legal guarantee of conformity, which covers conformity defects of the Products for a maximum period of 24 (twenty-four) months from their delivery.


9.4 If the Product's non-conformity is confirmed and WOOLRICH has undertaken to refund the Customer the price paid, the refund will be made, where possible, by the same means of payment used by the Customer when purchasing the Product on the Website or, alternatively, by bank transfer. In the latter case, it shall be the Customer's responsibility to notify WOOLRICH, via the "Contact us" section on the Website, of the bank details to make the transfer on their behalf and to enable WOOLRICH to return the amount due.


9.5. As for any damage caused by defects in the Products, the provisions of Directive 85/374/EEC and the Consumer Code shall apply.

 

10. Withdrawal right


10.1 As also specified in the relevant "Returns and Refunds" section, the Customer is entitled to withdraw from the agreement concluded with WOOLRICH for the purchase of one or more Products on the Website, without any penalty and without specifying the reason, no later than 14 (fourteen) days from the day of receipt of the Products purchased. However, it is not possible to exchange the selected item for another Product.


10.2 Before the expiry of the withdrawal period as defined above, the Customer will be able to make the return request directly from the Website by filling in and forwarding to WOOLRICH the return request following these instructions - or by another explicit expression of their decision to withdraw from the agreement, to be communicated to WOOLRICH Customer Service, including the details of the purchase, the date on which it was ordered or received and the name and address of the Customer.


10.3 Shipping costs for the return of Products shall be borne by WOOLRICH if the Customer uses the pre-printed adhesive label found inside the original package. This procedure will allow WOOLRICH to pay the return costs directly to the courier and to track the location of the package at any time. If the Customer instead uses a different courier to return the Products, the shipping costs shall be borne by the Customer, including liability for loss of or damage to the Products.

 

10.4 It is agreed that the following conditions shall be necessary to exercise the aforementioned right of withdrawal:


- the Product must not have been used, washed, altered or damaged in any way


- the identification tag must still be attached to the Product; it must be intact and not damaged, along with the disposable seal that forms an integral part of the Product itself;


- the Product must be returned in the undamaged original packaging (unless opened) in which it was delivered;


- the Product must in any case be delivered to the carrier or to WOOLRICH within 14 (fourteen) days from the date of receipt of the communication by which the Customer exercises their right of withdrawal.


10.5 Once the Product has been received, WOOLRICH will carry out the necessary checks. In the event of positive outcome of the checks, WOOLRICH shall send confirmation of acceptance of the returned Products by email. The refund of the amount paid by the Customer for the Products accepted for return by WOOLRICH (except for any additional costs arising from the Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by WOOLRICH) will be made in the shortest possible time and, in any case, within 14 (fourteen) days from the date of receipt by WOOLRICH of the communication by which the Customer exercises their withdrawal, without prejudice to the right of WOOLRICH to retain the price until it has received the Products back.


10.6 The refund, where possible, by the same means of payment used by the Customer at the time of purchase of the Product on the Website, or by bank transfer; in the latter case it will be the Customer's responsibility to communicate to WOOLRICH, through the "Contact Us" section on the Website, the bank details for making the transfer on their behalf.


10.7 Pursuant to Article 59 of the Consumer Code, the right of withdrawal shall be waived in the event that the Customer has purchased tailor-made or customised products.


11. Communications


11.1 Any information on the Products and their sale can be obtained from Customer Service. Our Customer Service contact details are available in the "Contact Us" section.


12. Applicable law and jurisdiction - conciliation attempt - european odr platform


12.1 Any dispute relating to the application, execution, interpretation and breach of the sales agreements entered into through the Website shall be governed by Italian law and, in particular, by the Consumer Code, Chapter I "Consumers' rights in relation to agreements" - as amended by Italian Legislative Decree no. 21 of 21 February 2014 - with specific reference to the regulations on remote agreements and to Italian Legislative Decree no. 70 of 9 April 2003 on certain aspects of e-commerce.


12.2 Any dispute between the parties relating to this agreement shall be settled by the Court in the area where you are domiciled or resident; for all other disputes the Court of Milan shall have exclusive jurisdiction.


12.3 In the event of a disservice or dispute between Woolrich and one of our users/customers residing in Italy, we hereby guarantee that we will take steps to attempt an amicable settlement that the user can initiate by contacting RisolviOnline, https://www.risolvionline.com/index.php, an independent and institutional service provided by the Milan Chamber of Arbitration, a company of the Milan Monza Brianza Lodi Chamber of Commerce.


12.4 In the event of disputes arising from the General Terms and Conditions of Sale between WOOLRICH and customers residing in the EU, the European Commission provides a platform for out-of-court alternative dispute resolution, accessible at http://ec.europa.eu/odr.


13. Amendment and update


13.1 These General Terms and Conditions of Sale may be amended from time to time at the sole discretion of WOOLRICH, also in consideration of any regulatory changes. The amended General Conditions of Sale shall be effective from the date of publication on the Website and shall always be binding for Customers from that date.


Text effective as of 04.11.2021