drmartens RETAIL B.V.
TERMS & CONDITIONS FOR ONLINE PURCHASING AND WEBSITE USE
These general conditions are applicable to
(i) the purchase of drmartens branded products on European drmartens websites – www.store.drmartens.com, www.drmartens.com, or www.drmartensid.com, to the extent they are directed to Europe (hereafter also: the “Website(s)”, or separately: drmartensStore.com”, “drmartensiD.com” or “drmartens.com”); and
(ii) the use of any information, documents, graphics, movies, features, music and/or other services on the Websites.
2. Ordering/Purchasing on our Websites
2.1 Eligibility to order/purchase
In order to place an order on our Websites, you must:1. be 16 years of age or older2. be a consumer - not a reseller
2.2 How to order
You need an e-mail address to place an order, and you need to set your browser to accept both cookies and pop-ups in order to make full use of the Websites, which includes designing items, adding items to your shopping cart and checking out from our stores.
Placing an order on the Websites is easy.
1. Find the products you want (and customize if applicable).2. Add the products to your shopping cart.3. Proceed to checkout.4. Select delivery and billing options.5. Review your order.6. Submit your order.7. Receive an online order confirmation.
You are bound by your order once you have clicked the “Submit order” button at the end of the ordering process. By clicking the “Submit order" button, you send your order to us as it is displayed in the final check out screen. Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded. A copy of the automated order confirmation will be sent to your e-mail address. We strongly suggest that you print or download this copy for future reference.
We explicitly reserve the right not to accept your order, or to cancel the purchaseagreement after the automated order confirmation.
2.3 Our right to not accept your order or cancel your purchase.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:
* the product is not available / in stock (any payments will be refunded);* your billing information is not correct or not verifiable;* your order is flagged up by our security systems as an unusual order or an ordersusceptible to fraud;* your bank transfer payment is not received within 12 calendar days after acceptanceof your order;* we have reason to believe you are under 16;* we have reason to believe that you are a reseller;* there was an error in the price quote;* we could not deliver to the address provided by you.
2.4 Data check
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include, without limitation, validating your name, address and other personal information supplied by you during the ordering process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity. No credit check is performed and your credit rating will not be affected. All information provided by you will be processed in accordance with Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
3.1 Payment methods
You can find the available payment methods in the help section of the relevant Website. We do not accept any other method of payment than mentioned in the help section, as our system is not designed to process other payment methods. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
3.2 Payment processing
Payments can only be processed if the billing information can be verified.
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order for standard (non-customized) products leaves our warehouse. If your order concerns customized (drmartensiD) products, we deduct the amount right before we start the manufacturing thereof.Note that if you pay by bank transfer, we will start delivery (or manufacturing in the case of customized (drmartensiD) products) after we receive your payment. This may take several days. In the event no payment has been received within 12 calendar days after you submitted your order, your purchase will be cancelled
3.3 Retention of title
We retain title in the products until we have received full payment for all suchproducts.
3.4 Prices and currency
The product prices displayed on the Websites are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the help section of the Website.
Prices are quoted in Euro with the exception of the UK, Sweden, Norway and Denmark where prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. If your local currency is different from the currency the prices are quoted in, your bank will apply the exchange rate applicable per the date ofpurchase. Your bank may apply a different exchange rate, which is beyond our control.
Please note that changing the country of delivery may have an influence on the price due to change in currency or to country specific pricing.
3.5 Your total price
The total price specified in the final check out screen includes tax and shipping costs. The prices are quoted in the order confirmation of receipt of your order as well, which you can print or download for future reference. If you are paying by credit/debit card, the total amount for your entire order will be reflected on your statement in your local currency.
Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation.
3.6 Price changes
The product prices displayed on the Websites may be subject to change. We reserve the right to change prices without notice. Subject to clause 3.7 below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.
3.7 Pricing errors
Please note that even though the Websites are composed with care, it is possible that the pricing information on our Websites contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
4. Order security
drmartens has implemented secure socket layer (SSL) technology, one of the most robust encryption platforms available. Your payment information will be encrypted from the moment you enter it until your transaction is processed, and will not be saved on a public server. Although we use encrypted security software, the security of information and payments transmitted by the Internet or via e-mail can't be guaranteed. drmartens shall not be liable for any damages suffered as a result of the use of electronic means of communication, including – but not limited to - damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
5. Customizing items
5.1 Customization conditions
For most customized (drmartensiD) items, you can submit a combination of letters, spaces and numbers to form an ID – a personalized message that appears on your creation. While we honor most ID's, we cannot honor all of them. Some may contain trade marks of third parties, or the names of certain professional sports teams, athletes or celebrities that you (or drmartens) do/does not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our items. Unfortunately, at times this means that we may decline ID's that may otherwise seem unobjectionable. If your personal tag is, in our sole opinion, unacceptable, your order may be immediately rejected or your purchase will be cancelled at a later stage – if so, you will be notified by e-mail. drmartens reserves the right to cancel any ID's after they have been submitted to drmartens.
5.2 Consumer acknowledgements relating to customization
Both your design of the item (the color combination etc) and the personalization shall be created by yourself, or, to the extent this is not the case, you hereby guarantee that you are authorized to use the design or the personalization created by someoneelse.
Please understand that whilst we have the right to decline your personalization or your design, you are solely responsible for your design and personalization, and we have no obligation to review or decline your design and personalization.
You agree that you will have no (intellectual property) rights in the design or in your personalization. To the extent any intellectual property rights would be applicable to your design or personalization these rights shall vest in drmartens. By submitting the customized item to drmartens, you transfer all intellectual property rights you may have in the customized product to drmartens. To the extent such transfer is not valid, you grant to drmartens, by submitting the customized item to us, an exclusive, fully paid, perpetual, royalty free license to use your design and personalization in the widest sense of the word, including but not limited to copy, edit, modify, publicly display, digitize, reproduce and distribute, and to sublicense (parts of) this right as we see fit.
You agree and understand that you shall have no claim against drmartens or any other party in the event a design or personalization similar to yours is used or designed. Your design and your personalization qualify as what drmartens calls “User Generated Content”. Article 14 of these general conditions about User Generated Content is applicable to your design and your personalization, safe where this article 5 contradicts with article 14: in such event this article 5 shall supersede.
6. Shipping & Delivery
6.1 Delivery – where and when
We deliver products from Monday through Friday. We do not ship on certain public holidays. Please refer to the help section of the relevant Website for dates. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the help section of the relevant Website (search for 'delivery location').
6.2 Delivery timelines
Customized (drmartensiD) items will be delivered approximately 4 weeks after the moment of purchase*. We need this time because the customized (drmartensiD) product needs to be individually assembled, manufactured and monitored for quality, prior to shipment.
For standard (non-customized) items, we offer Standard Delivery and Express Delivery.
EXPRESS DELIVERY: 1-2 days delivery!*If you choose Express Delivery, you submit your order on a working day before 12.00 hrs (noon) CET, and you pay by credit/debit card, your order will be delivered the next working day (weekend days and public holidays are not considered working days). If you pay by bank transfer, Express Delivery is less effective, since we only start delivery after receipt of your payment. This could take 5 to 7 days. If your order includes customized (drmartensiD) items, these items will be delivered approximately 4 weeks after the moment of purchase, regardless of delivery type selected.
STANDARD DELIVERY: 2-6 days.*If you choose Standard Delivery and you pay by credit/debit card, delivery will be within the lead time frame indicated below. Please note that if you pay by bank transfer, Standard Delivery only starts delivery after receipt of your payment. Thiscould take 5 to 7 days. If your order includes customized (drmartensiD) items, these items will be delivered approximately 4 weeks after the moment of purchase, regardless of delivery type selected.
* We try to deliver on time to the extent this is commercially reasonable. We usually make it, but we cannot guarantee timely delivery.
6.3 Split delivery
Where possible, we try to deliver in one go. However, please note that due to the fact that customized (drmartensiD) products are manufactured at different factories, an order for multiple customized (drmartensiD) products may result in split shipments. Wereserve the right to split the delivery of your order, for instance (but not limited to) if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at purchase. You will not be charged for any additional delivery costs.
6.4 Inspection upon delivery
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. We will refund the purchase price and all delivery costs as soon as the warehouse has handled your return. Please also note that you should inspect the products within a reasonable time after their receipt. You will be deemed to have accepted the products unless you have notified us within 30 days after receipt of the products that they are rejected.
7. Shipping rates
7.1 Shipping rates
Shipping rates are applied per order. The exact shipping rates depend on the country of delivery. For details on shipping rates per country see the help section of the relevant Website.
7.2 Free shipping
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive FREE 'standard delivery', or the option of discounted 'express delivery'. See the help section of the relevant Website for threshold amounts and their corresponding discounted delivery rates.
8. Returns & Cancellations
8.1 Cancelling order before delivery
You may cancel any order for non-customized products free of charge and without giving us any reason, provided it has not yet been shipped. If you have submitted an order and wish to cancel, please check the status of your order first by visiting the "Order status" link at the top right of the relevant Website. If the status of your order is "Pending" or "On Hold" we might still be able to cancel your order so contact our call centre (see help section of relevant website) to request an order cancellation. Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation was not possible, the products will be delivered to you, which you will need to refuse upon receipt. The products will be returned to us and your money will be refunded.
Customized (drmartensiD) orders cannot be cancelled before shipment, because we start building the customized (drmartensiD) products immediately after receiving the order. You are however entitled to return your order in accordance with the return procedures and conditions below (see art 8.2 and 8.3 below.)
8.2 Returning products after delivery - defectives
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 2 months after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return and on refund information see the help section of the Website.
8.3 Returning products after delivery – for whatever reason
If you are for whatever reason not happy with the products you ordered, you may return the products delivered to you within 30 calendar days after delivery, without giving us any reason, as long as:
the products are unwashed and not used in any way (you are allowed to try garments or shoes on for fit, unless we have indicated otherwise - but you cannot wear them)the product is in its original, undamaged packaging (a carefully opened package willnot be considered damaged)the product is complete: e.g. both items of a pair must be returnedYou cannot return:
products that have been tampered withelectronic or audiovisual products of which an affixed seal is brokenFor information on refunds, see art 8.6 below. For practical information on how to return, see the help section of the Website.
8.4 Product exchange
Product exchanges are currently not possible, but you do have the option of returning your product(s). See art 8.2 and 8.3 above. For information on refunds, see art 8.6 below. In order to get another product color or size, you will have to place a new order on the Website.
8.5 Returning gifts
At the moment, we cannot offer a product return to the person who has received it as a gift. In order to return the product, please contact the person who purchased the product for you and ask them to follow the procedure for returning orders as stated in returning orders after delivery.
8.6 Refund information
In the event you return goods because they are defective or otherwise not in conformity with your order, we will pay for the ship-to and return-shipping costs. In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment. In practice, when returning, you will use our logistics provider. As the costs incurred by us for these return shipments are equal to the costs of sending the goods to you, we will not refund the costs you originally paid for delivery.
Refunds will be issued based on the original form of payment. If you paid via bank transfer you need to give your bank details to Customer Service when you initiate the return so that we can refund the money directly to your account. You will receive your refund after the product has been returned and processed.
For practical information on how to return and for refund timelines, see the help section of the Website. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay.
Specific note on Domestic Maestro payments: if you paid with Domestic Maestro and did not fill in the 'issue number' or 'start date' field during checkout, we will not be able to process your return and/or grant you a refund.
9. Conditions applicable to Pre-Ordered products
9.1 Pre-Order is the process by which you are able to order products in advance of the scheduled retail launch. Due to the nature of pre-ordering, the following specific conditions apply to Pre-Ordered products:
Delivery. Pre-Ordered products are targeted to be delivered before the retail launch date, provided that we have received your payment timely. Concrete delivery times depend on the moment the product is available in our warehouse. Standard Deliverytimelines (2 to 6 days) will apply from the moment the Pre Ordered product is available in our warehouse. This information is best estimates only, timelines are not binding.Payment. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that delivery will be later than set out under the bullet point above.Separate shipping. Pre-Ordered products are shipped separately. They will not be shipped with regular product you may have ordered. Unfortunately, due to technical limitations from our side, the pre orders will show in your “goods shipped” confirmation e-mail and in your order status online. This is incorrect. Please disregard this information. You will receive a separate shipping confirmation once the product is shipped.Product launch date. The scheduled retail launch date (product launch) for your Pre- Order product can be found in the product description page on the relevant Website.10. Conditions applicable to promotion codes (discounts)
10.1 When used according to its terms, a promotion code entitles the user to a one-time promotion/discount relating to the purchase of an individual products or to an order of more than one product during the period indicated with the relevant promotioncode.
10.2 Promotion codes are personal and non-transferable and can be used only in direct connection with online purchasing on the Websites. You cannot sell, barter or give away a promotion code. You cannot upload or make available a promotion code onany website or through any other public offer, give away, sale or barter. You cannot use promotion codes for commercial purposes.
10.3 The promotion code is connected with the drmartens brand. You cannot use the promotion code in connection with any other brand, company or name or use the promotion code in any unlawful, improper or disrespectful manner or in any other way that may harm drmartens's reputation.
10.4 Only one promotion code can be used per product and per order. Promotion codes cannot be combined with any other special offer or promotion.
10.5 Promotion codes are not exchangeable for money.
10.6 drmartens does not have any obligation to re-issue or refund promotion codes. However, should drmartens decide to re-issue or refund a promotion code, it needs your promotion code to do so. So please retain a copy of your promotion code, otherwise it will notbe reissued or replaced in the event of loss.
10.7 Without prejudice to any other rights drmartens may have, drmartens is entitled to immediately invalidate a promotion code in the event drmartens has reason to suspect that a promotion code is used in violation of the above or otherwise misused or in the event drmartens hasother reasons to do so.
Fulfillment of all orders on the Websites is subject to availability. We try to ensure that all items offered for sale are in stock. However we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such eventwe will inform you by e-mail and any payments will be refunded.
12. Offer Validity
The offers on the Websites are valid only the moment that they are displayed on the website, unless a specific term is communicated on the website. We are not bound by any offer in the event of spelling, pricing or other errors or mistakes in the Website information. We reserve the right to cancel any purchase concluded in the event of such error.
13.1 drmartens shall only be liable for damages suffered by you in the event such damagesresult from attributable breach by drmartens of its contractual obligations towards you, or inthe event drmartens's liability follows from applicable statutory law.
13.2 In the event you have suffered damages in relation to our activities on the websites, our liability will be limited to
a. damage to the drmartens products or to other materials;b. reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);c. reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).
The maximum reimbursement of the above damages will (if applicable) be thepurchase price of the products concerned.
13.3 We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
13.4 We are not liable for damages as a result of incorrect information on the Websites.
13.5 In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.
14. User Generated Content
14.1 If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, ID's (including product customizations in the context of drmartensiD) or other information (including info on bulletin boards, chat rooms or other forums on the Website(s)) (hereafter "User Generated Content”), on the Website(s), or if you send such User Generated Content through the Website(s) to drmartens, this will become the exclusive property of drmartens. The User generated Content will be deemed to be nonconfidential and we will be entitled to use or disclose the User Generated Content in any manner whatsoever, without liability or notice to you. The User Generated Content or any other information you send to the Website should not be, or contain, material which is offensive, pornographic, defamatory, blasphemous, unlawful or likely to infringe any applicable law, whether civil, criminal or religious. You agree that all material submitted to us is original to you, and not copied in whole or part from any third party. Please do not send anything that is required to be kept confidential. drmartens does not, and you agree that drmartens has no obligation to, review the User Generated Content, that drmartens is not in any manner responsible for User Generated Content, that drmartens does not guarantee the accuracy, integrity or quality of User Generated Content, and that drmartens cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Websites. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, drmartens is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of drmartens or its affiliated or related entities or content providers.
14.2 Notwithstanding the foregoing, you acknowledge and agree that drmartens has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, drmartens reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify drmartens in writing of any objectionable content appearing on the Website. drmartens will make good faith efforts to investigate allegations that any User Generated Content violates these General Conditions but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.
14.3 Any use of any content on the Website(s), including, without limitation, User Generated Content, will be at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that drmartens is not responsible for any User Generated Content that purports to give medical advice or advice regarding fitness training, exercise, or diet. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or aphysical fitness program.
14.5 Use of information Submitted
To the extent any intellectual property rights exist in the User Generated Content, these rights shall vest in drmartens. To the extent you own the intellectual property rights in the User generated Content, these shall be transferred by you to drmartens the moment you post the User Generated Content on the Website(s), or send it to drmartens. To the extent the foregoing is not valid, or not sufficient to guarantee the free use by drmartens of the User Generated Content, you agree and guarantee that drmartens is free to use any (parts of) the User Generated Content posted or sent by you, or created by you while accessing the Website (or contained in any communication you may send to drmartens or submit to the Website(s) without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services. You acknowledge and agree that you shall have no claim against drmartens or any other party should any User Generated Content created, posted or sent by you be used in the above sense by drmartens or such other party.
15. Applicable Law
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Websites shall be governed by Dutch law.
16. Info on the Website(s)
Even though drmartens has composed the Websites with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. drmartens shall not be not liable for any damages resulting from the use of (or inability to use) the Websites, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result of any willful misconduct or from negligence on the part of drmartens.
17. Linked Sites
The Websites provides links to external Internet sites. drmartens shall not be liable for the use or the content of Internet sites that link to this site or which are linked from it.
18. Trademarks and copyright on the Websites
All brand names, product names and titles used on the website are trademarks or trade names of drmartens or third party trade mark or trade name holders. You are not allowed to use of reproduce any such trade marks or trade names as this may constitute an infringement of the holders' rights. All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are the copyright of drmartens or its suppliers. You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication. Should you wish to use materials or information from this Website, you need to obtain drmartens’s prior written consent.