Seller: G-Star Raw eStore B.V.: having its registered office at Joan Muyskenweg 39 in (1114) AN Amsterdam, the Netherlands registered in the Trade Register of the Chamber of Commerce under number: 34114149 VAT number: 2033372 street address: Joan Muyskenweg 39 in (1114) AN Amsterdam, the Netherlands e-mail address: email@example.com telephone number: 800-17074 contact hours: Mon-Fri 9:00-17:00 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.
ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
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.
ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT
The presentation and advertising of Products in our Website does not constitute a binding offer to conclude a purchase agreement.
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.
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 despatch destinations: o 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; o 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; o The Buyer can give a shipping address of their choice (such as their home address) to which the goods are to be delivered.
- 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.
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.
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.
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 Norway;
- if any activity from the Buyers account appears fraudulent or suspicious.
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.
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.
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.
Users who conclude a long-distance transaction have a legal right of withdrawal from purchasing the Product.
Right of withdrawal
You have the right to withdraw from this Agreement within a term of fourteen days without giving reasons.
The withdrawal period is fourteen days from the date on which you, or a third party named by you, who is not the promoter, take possession of the Products, or (in the case of an Agreement governing several Products which you ordered in one single Order and which were delivered separately), the last Product to be delivered, or (in the case of an Agreement governing the delivery of a Product in several part-deliveries or pieces), the last part-delivery or the last piece to be delivered.
To exercise your right of withdrawal you must inform us at the email, address or phone as stated at the top of this page by means of a clear declaration (e.g. by sending letter by post, telefax or e-mail), of your decision to withdraw from the Agreement. To do this, you can use the Specimen Withdrawal Form attached as Appendix 1, although this is not mandatory.
To adhere to the deadline for returning the Product, it suffices to send the notification exercising your right of withdrawal prior to the expiration of the withdrawal period for returning Products.
The consequences of withdrawal
If you withdraw from the Agreement, we shall be obliged to refund all payments that we have received from you, including the delivery costs (with the exception of any additional costs incurred due to your having chosen a different type of delivery to the low-cost standard delivery that we offer), promptly and within a term of fourteen days from the date on which we receive the notification of your withdrawal from the Agreement. To carry out the refund, we will use the same payment method as that used by you in the original transaction, unless a different agreement has been expressly concluded with you; you will never, under any circumstances, be subject to any charges due to this refund.
We can refuse to refund your payment until we receive the returned Product from you, or until you provide proof that you have sent the Product back to us, depending on which of the two takes place first.
You shall send back, or hand over, the Product to us without delay and at all events within, at the latest, a term of fourteen days from the date on which you send us written notification of withdrawal from the Agreement to the following address: G-Star Warehouse CBW, Casablancaweg 9, 1047 HP Amsterdam, Netherlands. The withdrawal period will be observed if you dispatch the Product before the term of fourteen days has expired. We shall bear the shipping cost of sending Products back to us.
You will only have to pay the cost of any loss of value of the Product provided the said loss of value can be ascribed to unnecessary modes of handling the Product in order to test its quality, features and way of functioning.
Exceptions in which the right of withdrawal does not apply:
You do not have a legal right of withdrawal for long-distance contracts concerning the following:
- the delivery of Products which are not ready-made, and which have been manufactured in accordance with a decisive individual choice or decision made by the Consumer, or which are especially tailored to the personal requirements of the Consumer, and/or,
- the delivery of sealed Products which are not suitable for return for reasons of health protection or hygiene, in cases where their seal has been removed after delivery,
- END OF WITHDRAWAL POLICY –
We like to draw your attention to the Withdrawal Form which you can find at the bottom of this page in attachment 1. This form merely represents an option for notifying us of withdrawal, but its use for that purpose is not compulsory.
ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES
ARTICLE 4. PRICE AND PAYMENT
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 return shipping costs will be borne by the Seller. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
ARTICLE 5. RIGHT TO RETURN
Notwithstanding the foregoing, the Seller may, from time to time, offer to bear the return shipping costs or offer the return of the Products at a fixed return shipping rate, provided that Buyer uses the return shipping label provided by the Seller within the country of delivery and provided that Buyer meets any other conditions for eligibility for this offer, as communicated by the Seller from time to time. Such conditions may include, without limitation, the purchasing of full price Products. If the Buyer chooses to return Products at a fixed return shipping rate offered by the Seller, the return shipping rate will be deducted by the Seller from the refund of the price of the Products paid by the Buyer or will be invoiced to the Buyer, if the Buyer has not paid the price of the Products in full. The Buyer remains free, at all times, to select a different return shipment method and return the Products at Buyer’s own cost. .
In the case referred to in the preceding subsection, the Seller will refund the Purchase Price as quickly as possible, but in any event within 30 days after G-Star received the returned product. If not all the Products that form part of the Agreement are returned, the Seller will be entitled to deduct the original shipping costs from the Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned.
ARTICLE 6. FORCE MAJEURE
ARTICLE 7. COMPLAINTS
ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS
ARTICLE 9. RETENTION OF TITLE
- 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
The Seller is required by law to provide a Product that meets the contract with the Buyer.
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.
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
The law of the country of your residence applies to this agreement.
ARTICLE 12. INVALID PROVISIONS
- 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
Version November 2016