DEFINITIONS

Seller: Group eStore B.V:
  • having its registered office at Joan Muyskenweg 39, 1114 AN Amsterdam, The Netherlands.
  • registered under number: 34114149
  • VAT number: NL807777109B01
  • e-mail address: service.at@g-star.com
  • telephone number: 0800-005089
  • telephone contact hours: Mon-Fri 09:00-17:00

Buyer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement.


Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more products.

Product: a G-Star product that the Seller offers for sale on the Website.

Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.

Agreement: The Order, which the Seller has accepted as such.

Website: www.g-star.com. Group eStore B.V.

ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS

1.1 

These General Terms and Conditions that have been made available online by the Seller on www.g-star.com govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website. p>

ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT

2.1
The presentation and advertising of Products in our Website does not constitute a binding offer to conclude a purchase agreement.

2.2
The Buyer may select Products from the Seller’s range of goods, particularly clothing, shoes and fashion items in the desired style, colour and size, and place these into a “shopping cart” by clicking on the “add to cart” button.

2.3
As soon as the Buyer has finished selecting the contents for the shopping cart, they can continue by clicking on the button “proceed”.

  • They are firstly taken to an overview of the goods in the shopping cart with their properties, price and the delivery time.
  • After clicking on the button “proceed”, the Buyer types in their invoice address, and if the delivery address differs from the invoice address, also gives the desired delivery address. In the further checkout process, the buyer can also choose alternative shipping destinations (Pick Up Point, G-Star Store).
  • After clicking on the “proceed to delivery” button, the Buyer can choose from three alternative dispatch destinations:
    • The Buyer can arrange for the shipment to be delivered to a G-Star Store from which the Buyer can pick up the goods after delivery to this store;
    • The Buyer can arrange for the shipment to be delivered to a pick-up point from which the Buyer can pick up the goods after delivery to this pick-up point;
    • The Buyer can give a shipping address of their choice (such as their home address) to which the goods are to be delivered. to a pick-up point from which the Buyer can pick up the goods after delivery to this pick-up point;
  • After selecting the shipping method and the specific address of the specific G-Star Store or pick-up point, the Buyer can continue with the ordering process by clicking on the “proceed to secure payment” button.


2.4
The Buyer can then choose between the following payment methods:

  • Credit card: With this payment method the Buyer must enter the corresponding credit card information. By clicking on the “pay” button the Buyer then submits a legally binding order. This “pay” button will only work if the General Terms and Conditions of the Seller have previously been approved by checking the box next to the information concerning these General Terms and Conditions. Before clicking the “pay” button the Buyer can cancel the order at any
  • time, change the contents of the order by removing existing goods from and/or adding new products to the shopping cart, and change the shipping address and payment method. We would point out that, with this payment method, the placing of the binding order and payment take place simultaneously.

  • Immediate bank transfer: with this payment method the Buyer submits a legally binding order by clicking on the “pay” button. This “pay” button will only work if the General Terms and Conditions of the Seller have previously been approved by checking the box next to the information concerning these General Terms and Conditions. Before clicking the “pay” button the Buyer can cancel the order at any time, change the contents of the order by removing existing goods from and/or adding new products to the shopping cart, and change the shipping address and payment method. Once they have clicked on the “pay” button, the Buyer will be redirected to the website of the external provider to make payment.

  • PayPal: with this payment method the Buyer submits a legally binding order by clicking on the “pay” button. This “Buy now” button will only work if the General Terms and Conditions of the Seller have previously been approved by checking the box next to the information concerning these General Terms and Conditions. Before clicking the “pay” button the Buyer can cancel the order at any time, change the contents of the order by removing existing goods from and/or adding new products to the shopping cart, and change the shipping address and payment method. Once they have clicked on the “pay” button, the Buyer will be redirected to the PayPal website to make payment.


2.5
An agreement only comes into existence once the Seller has accepted the order, either by means of a declaration of acceptance or by delivering the ordered Product. The Seller shall immediately confirm the receipt of the Order which the Buyer has placed via the Website in an e-mail to the Buyer. Such an e-mail does not yet constitute a binding acceptance of the Order unless, besides the confirmation of receipt, it also contains a statement of acceptance.

2.6
The Seller reserves the right to refuse the Order placed by the Buyer or suspend the Buyers account in the following cases:

  • if the total value of the Order exceeds the sum specified in the payment section of the FAQs;
  • if the information submitted by the Buyer is false and/or incomplete, or if the Seller can reasonably question its veracity;
  • if due payment by the Seller does not take place immediately after placing the Order by clicking on the button “Buy now”;
  • if the Buyer has already failed to fulfill their payment obligations towards the Seller in the past;
  • if the Buyer has refused to accept and/or failed to collect any orders which they have placed with the Seller in the past;
  • if there is an obvious or processing error in the prices given on the Website; or
  • if the desired delivery address is not located in Austria;
  • if any activity from the Buyers account appears fraudulent or suspicious.


2.7
The Seller shall notify the Buyer as soon as possible if an Order is not accepted. In such a case, any payments which have already made by the Buyer shall be immediately refunded.

2.8
The Order, the confirmation of the Order by the Seller, as well as the Data Protection Directive and the Conditions of Use of the Website published on the Website, and these General Terms and Conditions, constitute the entire Agreement between the Buyer and the Seller with regard to the use of the Website and the placing and carrying out of an order.

2.9
After the Buyer has clicked on the “Pay” button, thereby placing a legally binding Order, they are taken to a payment page in accordance with their chosen payment method. On that page, the Buyer completes the appropriate fields in order to carry out the payment and then authorises the payment.

ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES

3.1
Shipment will be made using a carrier designated by the Seller.

 

 

3.2
After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price if the Buyer has chosen for advance payment and unless the parties have agreed on a longer delivery period.

 

 

3.3           
The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.

 

 

3.4
The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Seller will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.

 

 

3.5
The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered.

ARTICLE 4. PRICE AND PAYMENT

4.1
The prices indicated on the Website are denominated in your local currency or in euros, are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.

 

4.2
The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.

 

 

4.3
Payment may be made using the methods indicated on the Website and must be made within 14 days after the Product has been delivered.

 

 

4.4
The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.

 

 

4.5
In the event that the Buyer exceeds the term for payment he/she will be in default by operation of law, and the Seller will be entitled to charge statutory interest on the outstanding amount as from the due date.

ARTICLE 5. RIGHT TO RETURN

5.1
Consumers have a statutory right of withdrawal when concluding a distance selling transaction.

5.2 INSTRUCTIONS ON WITHDRAWAL

You have the right to withdraw from this contract within sixty days without giving any reason.

The withdrawal period is sixty days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or (in the case of a contract for several goods ordered in a single order and delivered separately) the last good or (in the case of a contract for the delivery of a good in several partial shipments or pieces) the last partial shipment or the last piece.

To exercise your right of withdrawal, you must inform us (G-Star GmbH, Erkrather Straße 218, 40233 Düsseldorf; service.de@g-star.com; Phone: 0800-3300559) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the withdrawal form in 5.3, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have specifically agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send back the goods without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. The buyer bears the cost of returning the products to the seller. Additionally, the buyer must compensate for any loss in value of the products if this loss in value is due to handling them in a way that is not necessary to ascertain the nature, characteristics, and functioning of the products.

Notwithstanding the foregoing, the seller may from time to time offer the option to return the products at a fixed return rate of 5.95 EUR. If the buyer wishes to take advantage of this offer, they must use the return label provided by the seller within the delivery country and follow the seller's return instructions. If the buyer chooses to return products at a fixed return rate offered by the seller, the return rate will be deducted from the refund of the product price paid by the buyer or charged to the buyer if the buyer has not fully paid the product price. The buyer is always free to choose another return method and return the products at their own expense. Additionally, the seller grants the buyer the right to return products free of charge to a designated G-Star store. A list of participating stores can be found here.

The seller reserves the right to deduct a reduction in value of the products from the refund of the product price paid by the buyer or to charge the buyer if the buyer has not fully paid the product price, if the reduction in value is due to handling the products in a way that goes beyond what is necessary to ascertain the nature, characteristics, and functioning of the products.

However, it is possible to return products free of charge to a store. The buyer has the right to return the delivered products within 60 days of receipt without giving any reason in the manner specified by the seller, provided that the products have not been worn (trying on is permitted), are undamaged, and, if possible, are returned in their original and undamaged packaging.

Exceptions to Your Right of Withdrawal

You do not have a statutory right of withdrawal for distance contracts for:
  • The delivery of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, and/or
  • The delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

  • - END OF INSTRUCTIONS ON WITHDRAWAL –

    5.3
    We like to draw your attention to the Withdrawal Form, which we will display below in identical form for a better overview. This form merely represents an option for notifying us of withdrawal, but its use for that purpose is not compulsory.

    Sample cancellation form G-Star
    (If you want to cancel the contract, please fill out this form and send it back.)

    To: service.de@g-star.com
    or: G-Star GmbH, Erkrather Straße 218, 40233 Düsseldorf
    I/we ________________ (name of the consumer) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods ________________.
    Ordered on ________________ /
    received on ________________
    Name of consumer(s): ________________
    Address of the consumer(s): ________________
    Signature of the consumer(s) (only for paper notification): ________________
    Date: ________________

ARTICLE 6. FORCE MAJEURE

6.1
The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligations, and that cannot be attributed to the Seller because they cannot be blamed on the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as - but not restricted to - war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by the Seller, a failure on the part of the Seller’s suppliers to supply goods or a failure on the part of the Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.

 

 

6.2
If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Buyer any compensation in that respect.

ARTICLE 7. COMPLAINTS

7.1
The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found by clicking on the ‘Customer Support’ button on the Website.

 

 

7.2
The Buyer will be obliged to inspect the Product when it has been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.

 

 

7.3
The Seller will respond to any complaints that it receives within a term of 14 days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.

 

 

7.4           
The Buyer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, colour, finishing, etc. of Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain Products from the Website, are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such deviations or the removal of such Products from the Website. 

 

 

7.5           
The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.

ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS

8.1
Any and all marks, product names, logos, models and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.

 

8.2
The Seller refers to the Website Terms of Use with regard to the intellectual property rights in respect of the Website.

ARTICLE 9. RETENTION OF TITLE

9.1
The Seller will retain the title in respect of any and all goods to be delivered until the following obligations towards the Seller have been complied with in full:
  • the performance and obligations (including payment obligations) that the Buyer owes/has in respect of any and all goods that have been or that will be delivered in accordance with the agreement; and 
  • claims on the ground of the Buyer’s breach in respect of his/her compliance with this agreement.

ARTICLE 10. GUARANTEE AND LIABILITY

10.1
The Seller is required by law to provide a Product that meets the contract with the Buyer.

10.2
The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.

10.3
The Seller refers to the disclaimer with regard to its liability in respect of the Website and the use of the Website.

ARTICLE 11. APPLICABLE LAW

11.1 

The law of the country of your residence applies to this agreement.

ARTICLE 12. INVALID PROVISIONS

12.1
In the event that any provision contained in these General Terms and Conditions is invalid:
  • the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and
  • the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.

ARTICLE 13. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS

13.1
The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website. If the Buyer is unable to consult the General Terms and Conditions via the Internet the Seller will send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.

Version November 2016
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