General Terms and Conditions of Sale
Text valid from 01.09.2020
In these General Terms and Conditions of Sale, the terms indicated below, where used with an initial capital letter, must be intended with the meaning attributed to them in this section. Terms indicated in the singular are intended in the plural as well and vice versa.
Customers: indicates any natural personal who can be classified as a Consumer purchasing Products via the Website.
Consumer Code: indicates Italian Legislative Decree No. 206 of 6 September 2005 and subsequent amendments.
General Terms and Conditions of Sale: indicates these general terms and conditions of sale, in the version periodically published on the Website.
Consumer: under art. 3, paragraph 1, lett. a) of the Italian Consumer Code, indicates the natural person who purchases Products from the Website for purposes unrelated to the business, commercial, artisan or professional activity conducted.
Woolrich trademarks: indicates the “Woolrich”, “Woolrich John Rich & Bros” trademarks and/or any other trademarks, in general, owned by (or licensed to) any company belonging to the Woolrich Group.
Products: indicates the products available for purchase on the Website under one or more of the Woolrich trademarks.
Website: indicates the internet website which can be accessed at the address: www.woolrich.com.
Woolrich: indicates the company, Woolrich Europe S.p.A., with a sole shareholder, with registered office on Via dell'Arcoveggio no. 59/5, I-40129 Bologna, Italy, registration in the Register of Companies of Bologna and tax code number 03506281207, subject to management and coordination by Woolrich International Limited.
Subject of the General Terms and Conditions of Sale and limitations
1. These General Terms and Conditions of Sale govern the terms and conditions which apply to the relationship between Woolrich and the Customer related to the purchase of Products through the Website. The Products are manufactured by Woolrich and/or by manufacturers authorised by Woolrich.
2. The sale of Products through the Website is intended exclusively for the demand of customers who can be classified as Consumers under the Italian Consumer Code. Woolrich, therefore, reserves the right, to be exercised at its sole and absolute discretion, not to process orders from persons other than Consumers or which do not, however, comply with its business policy. Notwithstanding the above, if one or more Product purchases are made, for any reason, by persons who cannot be classified as Consumers, these General Terms and Conditions of Sale shall be applied with the following exceptions: (i) the Purchaser shall not be entitled to the right of withdrawal under articles 25/30 of these General Terms and Conditions of Sale (and under the specific section on the Website) (ii) the Purchaser shall not be eligible to benefit from the warranty on the Products indicated under articles 19/23 of these General Terms and Conditions of Sale (and under the specific section on the Website) and (iii) the Purchaser shall not, however, be entitled to any other forms of protection provided in these General Terms and Conditions of Sale in favour of Consumers (which reflect or comply with mandatory provisions of the laws in force) and/or any other Italian or European legislation, including and without limitation, the Consumer Code, Directive 1999/44/EC and, where applicable, Directive (EU) 2019/771.
3. The General Terms and Conditions of Sale do not govern the supply of services and/or the sale of products by third parties which differ from Woolrich and may be present on the Website or accessible via links, banners or other hyperlinks, for which Woolrich accepts no liability.
4. Customers must declare and guarantee that they are aged 18 or over and have the legal capacity to act in order to make purchases on the Website.
Conclusion of the contract
5. To conclude a contract for the purchase of one or more Products on the Website, Customers must complete the electronic order form and electronically submit it to Woolrich following the instructions in the relevant field.
6. The pre-contractual information required by the law in force, where not already indicated in these General Terms and Conditions of Sale, will be provided in the order form. More specifically: (i) a summary of the main characteristics of the Product ordered, (ii) the relevant price (including applicable taxes or duties), (iii) the payment methods which can be used to purchase the Product, (iv) the delivery method and estimated delivery date for the Products, (v) the relevant shipping and delivery costs, (vi) the conditions to exercise the right of withdrawal (see articles 26/31 below and the relevant section of the Website), and (vii) the method and deadlines for the return of the Products.
7. Except as provided in article 8 below, the contract shall be deemed to be concluded when Woolrich has received the duly completed order form by electronic means and has verified the correctness of the data entered, as well as the acceptance of the General Terms and Conditions of Sale by the Customer. The order form shall be archived for the period of time required to fulfil the orders and, in any case, within the terms of law and can be consulted by the Customers via the “My Account” section.
8. After completion of the contract and acceptance of the purchase order, Woolrich will send an order confirmation by email to the Customer with the information already contained in the order form. Unless otherwise specified in article 2 above on Woolrich’s right to refuse orders from parties other than Consumers or orders which do not comply with its business policy, Woolrich has the right to refuse to fulfil any orders which do not provide a sufficient guarantee of the Customer’s solvency or are incomplete or incorrect, or if the products are not available for whatever cause or reason. In such cases, Woolrich undertakes to promptly inform the Customer by email, stating the reasons why the contract has not been completed and the order has not been processed.
Unavailability of Products and force majeure
9. If one or more Products offered on the Website are not available or no longer for sale when the Customer submits the order form, Woolrich undertakes to promptly inform the Customer and, in any case, within at least 30 (thirty) days from the day following receipt of the order, that the ordered Products are not available. If the price has already been paid, Woolrich will immediately refund the payment made by the Customer. No responsibility can be attributed to Woolrich for any delayed or failed delivery due to force majeure (including, by way of example but not limited to, any unforeseeable and unavoidable fact or circumstance that is beyond the control of Woolrich, such as blocking of means of transport, earthquakes, fires, storms, floods, lightning strikes, interruptions in the telecommunication network, wars, blockades, strikes, epidemics, decrees by the authorities, etc.) or fortuitous event. Woolrich shall not be liable to Customers for any damages (direct or indirect), losses or costs incurred as a result of the delayed or non-performance of the contract for the sale of the Products on the Website due to the aforementioned force majeure, given that the Customer is only entitled to a refund of the price paid if the purchased Products cannot be delivered.
Quality and price of the Products
10. The Website offers the exclusive sale of Products bearing one or more Woolrich trademarks and/or manufacturers authorised by Woolrich. The Products for sale on the Website are new articles only, with the characteristics and high-quality standards typical of Woolrich garments and which the Customer can reasonably expect.
11. The main characteristics of the Products are outlined on the Website in each Product data sheet. The Customer acknowledges and expressly accepts that the images and colours of the Products offered for sale on the Website may, however, not correspond to the actual ones due to the variations in colour and/or light caused by the Internet browser or monitor used. The Customer, therefore, waives the right to lodge any objections in this sense.
12. The Product prices are expressed in Euros. If the price shown in the Product data sheet should change due to the currency exchange rate shown for payment by the Customer, or for any other reasons, this price will be specified in the order confirmation by Woolrich. The price of the Products is that indicated on the Website at the same time as the order is submitted by the Customer. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), as well as shipping costs, where expressly indicated in the preparation and submission stage of the order on the Website.
13. If delivery outside the European Union is available on the Website and the Customer requests delivery of the Products to a country outside the EU, the total price, including indirect taxes (if applicable), will be net of any customs duties and any other sales tax charged in the non-EU country of destination. The Customer hereby undertakes to pay these amounts, if due, in addition to the price of the purchased Products in accordance with the provisions of law of the country in which the Products will be delivered. Customers are advised to make inquiries with the competent bodies in their country of residence or country to which the Product will be shipped to obtain information about any duties or taxes levied on Product shipments in their country of residence or destination. Unless otherwise specified in these General Terms and Conditions of Sale, the Customer is solely responsible for any additional costs, charges, taxes and/or duties which a given country may apply for any reason to the Products ordered based on these General Terms and Conditions of Sale. The Customer declares that lack of knowledge about any costs, charges, taxes and/or duties referred to in this paragraph shall not constitute cause for termination of the purchase and sale contract of the Products and that he/she shall not be able to charge the aforementioned costs to Woolrich under any circumstances or make claims to that effect against Woolrich.
14. All the Products have an ID tag secured with a single-use seal. This tag and its seal are an integral part of the Product. Their removal or damage will result in the forfeiture of the right of withdrawal under articles 25/30 below.
15. The prices, Products offered for sale on the Website and/or the characteristics of said Products may undergo variations without prior notification. These variations only apply to orders that have not been confirmed on the date of the price variation. Before submitting the purchase order, however, in accordance with article 5 above, the Customer is advised to check the final sale price. If, during the Product selection procedure on the Website, the Customer notices that the price of one or more of the Products that he/she intends to select is clearly lower than the one normally applied (with the exception of any discounts and/or special offers in force at the time), due to an obvious technical problem on the Website, the Customer is kindly requested not to complete the purchase order and to report the aforementioned technical problem to the Customer Care Service via the «Contact us» section of the Website.
16. The payment of the Product price and corresponding shipping and delivery costs must be made by the Customer at the time the order is submitted, using the data provided in the order form. The Customer can use the following payment methods:
- Credit card [or debit card]
- Payment on delivery
- Bank transfer through Sofort and/or any other electronic payment method
Any additional and/or alternative payment methods can be used by the Customer only if the above-mentioned methods are entered in the specific section on the Website and these General Terms and Conditions of Sale are subsequently modified. The Customer is aware and accepts that the above-mentioned methods of payment may not all be available for purchases made outside Italy.
17. The use of credit and debit cards and the financial information (e.g. the credit/debit card number, user codes, verification of the owner and expiration date, etc.) will be protected by encryption protocols and specific security systems for online transactions. Woolrich will only use the data to complete the procedures for the purchase of the Products and to issue refunds if the Products are returned, or if it is necessary to prevent or report cases of fraud committed on the Website to the police.
Product shipment and delivery
18. The specific terms of shipment and delivery of the Products are outlined in detail in the “Shipping & Delivery” section on this Website and are an integral and essential part of these General Terms and Conditions of Sale. Whilst the Website generally indicates whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding for Woolrich, which does not assume any responsibility therein.
Legal guarantee of conformity - Return due to damaged, defective or incorrect Products
19. Pursuant to Directive 1999/44/EC, the Italian Consumer Code and, where applicable, Directive (EU) 2019/771, Woolrich guarantees to the Customer, who can be qualified as a “Consumer” under the Italian Consumer Code, that the Products are free from design and material defects and that they comply with the description published on the Website, for a period of 2 (two) years from the date that the Products were delivered to the Customer. The application of any warranty is excluded in the case of use or washing of the Product that does not comply with those of the Product and/or with the instructions/warnings provided by Woolrich, or outlined in the explanatory documentation, on tags or labels.
20. The Customer must report any Product defects and/or non-conformities within 2 (two) months from their discovery or risk voiding this warranty. This notification, indicating the defect and/or non-conformity detected, must be reported by filling out the form in the «Contact us» section on the Website. The Product must also be returned to Woolrich, by applying the pre-printed shipping label, provided in the package received, to the package used for the return, following the relevant instructions outlined in the “Right of withdrawal” section. Woolrich will assess the defects and non-conformities reported by the Customer through the Woolrich Customer Care Service.
21. In the event of defects and/or non-conformities of a Product, the Customer has the right to the elimination of the non-conformity of the Product in question through repair or replacement, or alternative remedies, in the cases expressly stated in article 130 of the Italian Consumer Code. The Customer who has received a damaged, non-compliant, defective or incorrect Product may request the repair or replacement of the Product, or, where applicable, the alternative remedies provided by the Italian Consumer Code within 2 (two) months from the discovery thereof. Under Directive 1999/44/EC, Italian Leg. Decree and article 128 and subsequent amendments of the Italian Consumer Code, Products purchased through the Website are covered by the legal guarantee of conformity, which covers Product non-conformities for a maximum period of 24 (twenty-four) months from the relevant delivery.
22. If the non-conformity is confirmed and Woolrich undertakes to refund the price paid to the Customer, the refund will be made, where possible, by the same method of payment used by the Customer when the Product was purchased on the Website, or alternatively by bank transfer. In the latter case, it will be the Customer’s responsibility to communicate to Woolrich the bank coordinates to make the bank transfer to him/her by filling out the form in the «Contact us» section on the Website so that Woolrich is able to refund the amount owed.
23. The provisions of Directive 85/374 EEC and the Italian Consumer Code shall apply with regard to any damage caused by Product defects.
Customer care service
24. All the information concerning the Products and sale is available through our Customer Care Service. All the Customer Care Service contact details are available in the «Contact us» section.
Right of withdrawal
25. As specified in the relevant section of the “Right of withdrawal”, the Customer, who can be classified as a “Consumer” under the Italian Consumer Code, has the right to withdraw from the contract concluded with Woolrich, without penalty and without specifying the reason, within 14 (fourteen) days from the day of receipt of the Products purchased for the purchase of one or more Products on the Website. It is not, however, possible to change the chosen Product with another one. The withdrawal period expires after 14 (fourteen) days from the day on which the Customer or, a third party other than the courier appointed by Woolrich and designated by the Customer, receives the Products. Within this period, the Customer must send to Woolrich any explicit written notice of withdrawalby filling out the online form in the «Contact us» section on the website.
26. The Customer must return the Product to the address indicated in the following paragraph within 14 (fourteen) days of communicating to Woolrich that he/she wishes to exercise the right of withdrawal. The Customer may return the Product free of charge by delivering it to a collection point of the courier indicated by Woolrich. The Customer must use the pre-printed shipping label and apply it to the package in which the Product to be returned has been inserted.
28. It is understood that the following conditions must be met to exercise the aforementioned right of withdrawal:
- the Product must not have been used, worn, washed, altered or damaged in any way;
- the identification tag must still be attached to the Product and must be intact and undamaged, including the single-use seal which is an integral part of the Product;
- the Product must be returned in the same original, intact (except for the opening) packaging in which it was delivered;
- in any case, the Product must be handed over to the courier or Woolrich with 14 (fourteen) days from the date of receipt of the notification with which the Customer exercises the right to withdrawal.
29. Once the Product has been received, Woolrich will carry out the necessary checks. If the checks are successfully concluded, Woolrich will send an email confirming acceptance of the returned Products. The refund of the amount paid by the Customer for the Products accepted in return by Woolrich (excluding any additional costs arising from the Customer’s delivery choice which differs from the least expensive standard delivery option offered by Woolrich) will take place in the shortest time possible and, in any case, within 14 (fourteen) days from the date of receipt by Woolrich of the notification with which the Customer exercises the withdrawal, notwithstanding Woolrich’s right to withhold the refund until proof of shipment of the Product to be returned has been received. The refund will be made, where possible, by the same method of payment used by the Customer when the Product was purchased on the Website, or by bank transfer; in the latter case, it will be the Customer’s responsibility to communicate to Woolrich the bank coordinates to make the bank transfer in his/her name, by filling out the online form in the «Contact us» section on the Website.
30. The Customer is liable for any diminished value of the Products resulting from the handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products. Consequently, if the returned Products are in any way found to be altered or damaged (for instance, showing signs of wear, abrasion, nicks, scratches, deformation, etc.), do not include all their parts and accessories (including labels, the ID tag and unbroken single-use seal still attached to the Product) or not placed in the original packaging and packing, the Customer shall be responsible for the diminished value of the Product. If the Customer has exercised the right of withdrawal referred to in this section, he/she shall only be entitled to a refund of the amount equal to any residual value of the Product in question. To this end, therefore, the Customer is requested to handle the Product no more than is strictly necessary to establish its functioning, nature and characteristics and to cover the original Product packaging with additional protective packaging to keep it intact and protect it (from any writing or labels as well) during transport.
Applicable law and competent court - Attempt at out-of-court settlement - European ODR Platform
32. These General Terms and Conditions of Sale are governed by Italian law, in particular by the Consumer Code and Legislative Decree No. 70/2003.
33. In the event of a dispute between the Woolrich and a Consumer, we hereby undertake to attempt to reach an amicable settlement which all Customers 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.
34. As an alternative to the settlement proposed in article 33 above, the Consumer also has the option of accessing 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 Commission implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to facilitate independent, impartial, transparent, efficient, fast and fair out-of-court solutions concerning contractual obligation disputes which arise from online sales or service contracts between a consumer residing in the EU and a trader established in the Union, who has joined the platform, through the intervention by an ADR body (Alternative Dispute Resolution) which can be selected from a specific list shown here. For further information on the European ODR Platform or, if you are a consumer, to submit a complaint and start an alternative resolution procedure for a dispute relating to the purchase contract of one or more Products on the Website, please access the following link: http://ec.europa.eu/consumers/odr.
35. If no attempt at a settlement is made under articles 33 or 34 above, or the attempt is unsuccessful, exclusive jurisdiction for all disputes regarding the purchase of Products through the Website shall be granted to the competent court in the place where the Customer, classified as a “Consumer”, has his/her residence or domicile. Any other dispute concerning the purchase of Products on the Website and/or the use of the Website, with parties who cannot be classified as Consumers, shall be deferred to the exclusive competence of the Court of Milan, unless Woolrich has the right to resort to another competent court.
Changes and updates
36. These General Terms and Conditions of Sale may be periodically changed at the sole discretion of Woolrich and in consideration of any changes in the law as well. The modified General Terms and Conditions of Sale will be effective from their date of publication on the Website and are always and in any case binding for Customers.