General terms and conditions for online sales

 

1 . Scope


1.1 The offer and sale of products (the "Products") on www.woolrich.com (the "Site") are governed by the following General Conditions of Sale. The items purchased on www.woolrich.com are produced, sold and marked by brands (the "Brands") owned by - or licensed to - Woolrich Europe SpA, with sole shareholder, with registered office in Via della Cooperation no. 21, 40129 Bologna, Italy, registered in the Bologna Company Register and tax code number 03506281207, subject to management and coordination by Woolrich International Limited (hereinafter "WOOLRICH).


1.2 The sale of Products through the Site is intended solely and exclusively for customers who qualify as consumers pursuant to Italian Legislative Decree No. 206 of 06/09/2005 (Consumer Code), by which we mean natural persons who purchase Products from the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity they may carry out (the "Consumers"). Therefore, Woolrich reserves the right, exercisable at its sole and unquestionable discretion, not to process orders from subjects other than Consumers.


1.3 The General Conditions of Sale do not regulate the provision of services and/or the sale of products by third parties other than Woolrich, which may be present on the Site or accessible via links, banners or other hypertext links, for which Woolrich does not assume any liability.


1.4. It is strictly forbidden for minors (anyone under the age of 18) to conclude an order on the Site.


2. Setting up an account


2.1 To proceed with the purchase of the Products on the Site, the Customer can set up a new account on the Site, access the Site with their login details already obtained following the setting up of an account in their name on the Site.


2.2. To set up a new account on the Site, the Customer must correctly fill in the fields of the registration form, inserting all the details requested therein, and provide any further consents and confirm the registration.


2.3. For the purpose of setting up an account on the Site, the Customer must choose a password which they are required to keep confidential. The Customer's username, on the other hand, will be the same as the email address indicated by the Customer during registration.


2.4 Following registration on the Site, the Customer will receive an email confirming registration, at the address indicated during registration.


2.5 The Customer can cancel their account at any time by sending an email to the Company at privacy@woolrich.com. Upon receipt of this email, any contractual relationship between the Customer and the Company will be considered terminated and the User's username and password will be deleted, without prejudice to purchase orders already sent before the cancellation request.


3. Purchasing as a “guest


3.1. The Customer can also purchase through the Site as a guest, without setting up an account on the Site. In this case, the Customer must correctly fill in the fields of the appropriate form on the Site, entering all the data requested therein (by way of non-limiting example: name, surname, billing and delivery address, email address and telephone number).

 

4. Conclusion of the purchase contract


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


4.2 The Customer sending the order electronically implies full knowledge of these General Conditions of Sale and their full acceptance.


4.3 If the Customer does not agree with one or more terms contained in these General Conditions of Sale, the Customer is requested to refrain from making purchases on the Site.


4.4 At the time of sending the order, the Customer will be warned that such forwarding implies the obligation to pay the indicated price.


4.5 The purchase contract with WOOLRICH is concluded when WOOLRICH receives, electronically, the Customer's order, after verifying the correctness of the data contained therein. The order form will be saved for the period of time necessary for its processing and in any case within the terms of the law and will be available through the "My Account" section (if the Customer has created an account).


4.6 When the order form is completed, the pre-contractual information required by current legislation will be provided, unless already indicated in these General Conditions of Sale, and specifically: (i) an adequate summary of information on the main characteristics of the ordered Product, (ii) the relative price (excluding applicable taxes or duties), (iii) the means of payment that can be used to purchase the Products, (iv) the methods of delivery and the expected delivery date of the Products, (v) the relative shipping and delivery costs and (vi) the conditions for exercising the right of withdrawal.


4.7 Once the purchase contract is concluded, WOOLRICH will process the Customer's purchase order by sending an email containing a summary thereof. However, this email does not constitute automatic acceptance of the order itself. WOOLRICH reserves the right to refuse orders from Customers with whom there is an ongoing dispute relating to the payment of a previous order, who do not give sufficient guarantees of solvency, or which are incomplete or in

correct, or in the event of unavailability of the Products. In these cases, WOOLRICH will inform the Customer by email that the contract 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 presented on the Site are no longer available or on sale at the time the order is sent by the Customer, WOOLRICH will promptly notify the Customer of any unavailability of the Products ordered, and in any case within 30 (thirty) days from the day following that in which the order was received. Should the purchase price have been paid, WOOLRICH will immediately reimburse the amount advanced by the Customer.


5.2 No liability can be attributed to WOOLRICH for delayed delivery or non-delivery due to force majeure (including, by way of example and without limitation, any unforeseeable, inevitable fact or circumstance beyond the control of WOOLRICH such as, for example, blocking of means of transport, earthquakes, fires, storms, floods, lightning strikes, suspensions of the telecommunication network, wars, lockouts, strikes, epidemics, provisions of the authorities, pandemics, etc.) or unforeseeable circumstances. WOOLRICH will not be liable to Customers for damages (direct or indirect), losses or costs suffered as a result of the delayed or non-execution of the contract for the sale of the Products on the Site due to the aforementioned force majeure causes, the Customer being only entitled to the refund of any price paid in case of impossibility of delivery of the Products purchased.


6. Product quality and prices


6.1 The Products for sale on the Site are only new items, featuring the characteristics and high quality standards typical of WOOLRICH clothing and that the Customer can reasonably expect.


6.2 The essential characteristics of the Products are shown on the Site, within the product descriptions. The Customer acknowledges and expressly accepts that the images and colours of the Products offered for sale on the Site may, however, not correspond to reality due to the alterations in colour and/or light caused by the Internet browser or monitor used. The Customer therefore waives any raising of objections in this regard.


6.3 All sales prices of the products displayed and indicated on the Site do not include local VAT, customs taxes, import taxes, customs brokerage fees and commissions, if applicable. Upon arrival at the border of the Customer's country, the content of the order may be subject to customs duties (which may include taxes, duties, handling fees, remuneration of customs brokers, etc.), the payment of which is the responsibility of the Customer, as the recipient of the order. WOOLRICH is not able to calculate in advance any local VAT or customs duties, therefore, before placing the order, the Customer is invited to carefully read the DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS, which are the special conditions applied by our courier and which are expressly accepted with the sending of the order. The Customer declares that the lack of knowledge of any costs, charges, customs duties, taxes and/or duties referred to in this paragraph will not constitute grounds for termination of the purchase and sale contract of the Products and that they will not be able in any way to charge the aforementioned charges to WOOLRICH or, in any case, make claims to that effect against WOOLRICH.


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


6.5 All Products come with an identification tag attached with a disposable seal. This tag and the relative seal are an integral part of the Product and must not be removed or damaged under penalty of forfeiture of the right of withdrawal.


6.6 Prices, Products placed for sale on the Site and/or their characteristics, may be changed without notice. In any case, before sending the order, the Customer is invited to check the final sale price. If during the Product selection procedure on the Site, the Customer finds that the price of one or more of the Products they intend to select is clearly lower than the one normally applied (without prejudice to any discounts and/or promotions in force at that time), due to an obvious technical problem with the Site, the Customer is requested not to complete their purchase order and to report the aforementioned technical problem to Customer Service by accessing the appropriate "Contact Us" section of the Site. An obvious error in the price quoted on the Site compared to the commonly known price of the chosen product, however, entails the right for WOOLRICH not to confirm the shipment and to proceed with an immediate refund of the value of the purchase paid, without the Customer being able to make exceptions in merit.


7. Payments


7.1 The Customer may use one of the methods indicated in the "Payments" section of the Site and/or in the order form to pay for the Products and the relative shipping and delivery costs, . The information contained in this section forms an integral and substantial part of these General Conditions of Sale and, therefore, it is deemed that the Customer is fully aware of and accepts it at the time the order is placed. In any case, there are no differentiated or additional cost for any of the payment services available.


7.2 The Customer is solely responsible for the data entered, therefore they guarantee they are only using credit cards which are legitimately available to them.


7.3 When paying by credit card, the payment procedure will take place via a secure connection connected directly to the bank that owns and manages the online payment service, which WOOLRICH cannot access. Specifically, financial information (such as the credit/debit card number or expiry date) will be encrypted and sent to the bank that provides the relevant remote electronic payment services, without third parties having any access whatsoever thereto. Furthermore, this information will never be used and/or stored in any format (including electronic) by WOOLRICH. In any case, the credit card will be charged at the time the purchased product is shipped, barring, of course, the right of the Customer to have the amount re-credited in any case of default by WOOLRICH, or failure to execute the contract for any reason.


7.4 If PayPal is selected as the payment method, the Customer will be directed to the site of the aforementioned provider, where they will pay for the Products according to the procedure provided and governed thereby, and to the terms and conditions of the contract agreed between the Customer and that provider. The data entered on the provider's site will be processed directly by the provider and will not be transmitted or shared with WOOLRICH. WOOLRICH is therefore not able to know and does not store in any way the data of the credit card connected to the Customer's PayPal account, or the data of any other payment instrument connected with these accounts. The total amount due will be charged by PayPal. Should the purchase contract be terminated and in any other case of reimbursement, for any reason, the amount of the reimbursement in favour of the Customer will be credited to their PayPal account. The times for recrediting the amount to the payment instrument connected to this account depend exclusively on PayPal. Once the credit order has been placed in favour of this account, WOOLRICH cannot be held liable for any delays or omissions in crediting the refund amount, and any dispute in this regard must be addressed to PayPal directly.

 

8. Product shipping and delivery


8.1 The specific shipping and delivery methods of the Products are detailed in the "Shipping and Delivery" section of this Site, which forms an integral and essential part of these General Conditions of Sale. The Site indicates the availability of the Products and the delivery times thereof, however, this information is to be considered purely indicative and not binding for WOOLRICH, which assumes no liability in this regard.

 

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, of the Consumer Code and, where applicable, of Directive (EU) 2019/771, WOOLRICH guarantees the Customer that the Products will be free from design and material defects, as well as compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Customer. The application of any guarantee is excluded in case the Product is used or washed in a manner that does not comply with those of the Product itself and/or with the instructions/warnings on the matter provided by WOOLRICH, or reported in the illustrative reference documentation, on the tags or labels.


9.2 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 their discovery, 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 for this purpose already provided for in the "Returns and Refunds" section. Failure to do this may render this guarantee null and void. WOOLRICH will assess the defects and non-conformities reported by the Customer via the WOOLRICH support service. The Customer acknowledges that if any conformity defects arise and are reported more than one year after the goods were delivered, it is the Customer’s responsibility to provide evidence that such defects already existed on the date of delivery.


9.3 In the event of defects and/or non-conformity of a Product, the Customer shall have the right to have the conformity of the Product restored, by repair or replacement, or to alternative remedies in the cases expressly provided for by Articles 135 et seq of the Consumer Code. The Customer who has received a damaged, non-compliant, defective or incorrect Product, can request its repair or replacement, or, where applicable, the alternative remedies provided for by the Consumer Code,. Pursuant to European Directive 44/99/EC and Art. 128 et seq. of the Consumer Code, the Products purchased through the Site are covered by the legal guarantee of conformity, which covers defects in the Products existing at the time of delivery and which arise within two years from that time.


9.4 If the non-conformity of the Product is ascertained and WOOLRICH has undertaken to refund the Customer the price paid, the refund will be made, where possible, using the same payment method used by the Customer when purchasing the Product on the Site or, alternatively, 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 Site, the bank details to make the transfer in their favour and to ensure that WOOLRICH is put in a position to be able to refund the amount due.


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

 

10. Withdrawal right


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


10.2 Before the expiry of the withdrawal period as determined above, the Customer may make the return request directly from the Site by filling in and forwarding the return request to WOOLRICH following these instructions, or by means of another explicit declaration of their decision to withdraw from the contract, to be communicated to WOOLRICH Customer Service, and which should include the details of the purchase, the date on which it was ordered or received and the name and address of the Customer.


10.3 The shipping costs relating to the return of the Products will be borne by WOOLRICH if the Customer uses the pre-printed adhesive label that they will find 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. Should the Customer, however, use a different courier to return the Products, the shipping costs will be at their expense, including liability in case of loss or damage to the products.


10.4 It is understood that the following conditions are necessary to exercise the aforementioned right of withdrawal:


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


- the intact and not damaged identification tag must still be attached to the Product, with the disposable seal which is an integral part of the Product itself


- the Product must be returned in the original intact packaging (except for opening) in which it was delivered


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


10.5 Once the Product has been received, WOOLRICH will carry out the necessary checks. In the event that the checks are concluded positively, WOOLRICH will send email confirmation of acceptance of the Products returned. The reimbursement of the sum paid by the Customer for the Products accepted in return by WOOLRICH (with the exception of any additional costs deriving from the Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by WOOLRICH itself) will take place in the minimum possible time and, in any case, within 14 (fourteen) days from the date of receipt by WOOLRICH of the communication in which the Customer exercises the right to withdrawal, without prejudice to WOOLRICH's right to withhold the price until the Products have been returned.


10.6 The reimbursement, where possible, shall be done using the same payment method used by the Customer when purchasing the Product on the Site, 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 Site, the bank details for making the transfer in their favour.


10.7 In compliance with Art. 59 of the Consumer Code, the right of withdrawal is excluded in the event that the Customer has purchased tailor-made or customised products. According to the Resolution of the Government of the Russian Federation No. 55 of 19 January 1999, some products may not be returned after the day they were received, including underwear, socks, stockings and jewellery.


11. Communications


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


12. Applicable law and jurisdiction


12.1 Without prejudice to the application of mandatory provisions of European consumer laws, these General Terms and Conditions shall be governed by Italian law, and specifically by Legislative Decree No. 206 of 6 September 2005 (the Consumer Code) as amended by Chapter I “Rights of consumers in contracts” (as amended by Legislative Decree No. 21 of 21 February 2014) of Legislative Decree No. 170 of 4 November 2021, with specific reference to the rules on distance contracts, and by Legislative Decree No. 70 of 9 April 2003 on e-commerce.


12.2 For any dispute between the parties regarding this contract, the Court in whose district the Customer has their domicile or residence will be competent; for all other disputes, the Court of Milan will be exclusively competent.


13. Modifications and updates


13.1 These General Conditions of Sale may be modified from time to time at the sole discretion of WOOLRICH, including taking into consideration any regulatory changes. The amended General Conditions of Sale will be effective from the date of publication on the Site and will always and in any case be binding for the Customers starting from that date.


Text in force since 01.01.2022