General Terms and Conditions of Sale
These general terms and conditions of sale (together with the information and policies contained in the website and any other documents referred in these terms and conditions) ("Terms of Sale") set out the legal terms that apply to the purchase of products on the website http://www.lumberjackshoes.com ("Site") by users from Brand Park S.r.l., with registered address at Via Fonderia, 39, 31100 Treviso (TV), Italy, VAT no. 07845560965 ("Lumberjack", "we", "us" and "our").
Lumberjack reserves the right to change these Terms of Sale from time to time for business reasons by posting new terms on the Site. Any such new term will be effective (i) for users which complete their online registration process following the publication of any such changes, as of the date of posting and (ii) for users already registered to our Site, upon at least 15 (fifteen) days from the date we post the revised version on the Site or the date we send the email prior notice to user or the longer period therein indicated, unless these changes improve the user's rights and/or reduce the user's responsibility as in such latter case these changes will be effective as of the date we post the revised version on the Site. In any case, new terms shall in no event be applicable to orders which have been submitted by the user prior to the date the new terms are effective. The placing of an order following any such change constitutes the acceptance of the user to be bound by the new terms. If the user is registered to the Site and he does not accept the revised terms, the user must immediately disable his account.
Our Business policy
Lumberjack only offers its Products on the Site to consumers over the age of 18. By submitting an order, the user confirms to us that he meets these requirements. If the user is a professional or a consumer under 18, he is strictly prohibited from ordering Products from the Site. We reserve the right to cancel any order submitted by professionals and by consumers we believe to be under the age of 18.
Access and use of the Site
It is responsibility of the user to ensure that his equipment (computer, laptop, notebook, tablet or other mobile device) meets all the necessary technical specifications to enable him to access and use the Site and that this equipment is compatible with the Site.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us. To the fullest extent permitted by law (please see section Our liability below), we will not be liable for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
The user must ensure that any information he provides (including, but not limited to, personal data, payment and delivery details) to us is accurate. If the user chooses, or is provided with, a log-on ID (such as a username and password or other identifier), the user must treat such information as confidential and must not reveal it to anyone else. The user is liable for all activities that occur under his log-on ID and must notify us immediately of any unauthorized use or other security breach of which he becomes aware.
Abusing our Site and termination
We reserve the right, at any time, to prevent the user from using the Site, to disable any log-on ID, to terminate the contractual relationship in place with the user and/or not to deliver any Product ordered by the user if: (i) any details he provided for the purposes of registering as user and/or ordering Products prove to be false or not accurate or if the user omits to pay any sum due in respect of one or more Product(s), if (ii) the user use the Site for illicit purposes and if (iii) the user fails to comply with one of the following provisions of these Terms of Sale: Our Business Policy; Access and use of the Site; Returns policy.
Lumberjack is entitled to withdraw from these Terms of Sale without cause providing a 15 (fifteen) days prior notice. Users which have completed their online registration process may voluntarily terminate their account at any time by disabling it.
Products and Products information
The Products are sold on the Site by Lumberjack. There may be differences between the Products shipped and those shown on the Site or in our catalogues primarily due to the certain materials and to the nature of the manufacturing process. Except for what provided in Section Consumer's right of withdrawal / Returns policy below, the user is not entitled to cancel his order or refuse delivery due to such differences, provided that they do not affect the essential features or quality of the Products.
Lumberjack attempts to be as accurate as possible in the description of the Products through the photographs and other images featured on the Site. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free also due to the nature of the manufacturing process. Although we attempt to display the colours accurately, we cannot guarantee that the display of the colours on the devices of the user accurately reflects the colour of the Products.
The images of the Products on the Site are for illustrative purposes only and any information on the Site regarding the Products is included as a guide only. If the user is in any doubt as to the Product, we recommend that he contact us prior to placing an order (see Contact us).
As a consumer, users have, among others, legal rights in relation to Products that are faulty or not as described as more particularly detailed below in the section headed "Faulty Products and warranty ". Nothing in these Terms and Conditions will affect these legal rights of the user as a consumer.
The Products sold are supplied for domestic and private use only. The user agrees that he will not use the Products for any commercial, business or re-sale purposes. We reserve the right to refuse the order or cancel the Contract (as defined below) if we suspect that the user is purchasing Products for such purposes.
Ordering and availability
Products may be ordered by clicking on the items the user wishes to purchase and then following the prompts that will appear on-screen. The user may check and correct any input errors in his order up until the point at which he submits his order to us by clicking the "Purchase and pay" button or a similar button on the checkout page.
The order submitted by the user constitutes an offer to us to buy a Product and is binding and not revocable for a period of 15 (fifteen) days. All orders are subject to acceptance by us. We are not obliged to accept any order and may, at our discretion, decline to accept any order. The user does, however, acknowledge that, by clicking on the "Purchase and Pay" button or a similar button on the checkout page, he enters into an obligation to pay for the Product(s).
Some reasons for rejection of the order may include: (a) we are unable to supply the user with the Products, for example because the Products are no longer available or because of an error in the stated price; (b) the user does not live within an applicable address to which we ship or if the delivery address is geographically remote (for example certain outlying islands or other isolated locations) or if the delivery address is a PO Box or similar addresses; or (c) the user ordered more than the permitted maximum number of Products.
Where we accept the order and provided that full payment of all sums due in respect of the Product(s), including any delivery charges (if applicable), has been received by us, we will confirm our acceptance to the user by sending an email to the user that confirms that his order has been accepted and the relevant Product shall be despatched ("Confirmation Email"). The contract between the user and us in relation to the Product(s) ordered ("Contract") will only be concluded when we send the Confirmation Email to the user. After entering into the Contract, we will be under a legal duty to supply the user with Products that are in conformity with the Contract.
The Contract will relate only to the Product(s) whose despatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Product(s) which may have been part of the order until the despatch of such Product(s) has been confirmed in a separate Confirmation Email.
Delivery and Collection
The order will be fulfilled by the delivery date sets out in the Confirmation Email or, if no delivery date is specified, then within 30 (thirty) days after the date of the Confirmation Email, unless there are exceptional circumstances. The user will be notified via an email or phone message that confirms that the Products have been despatched.
The order will be delivered to the delivery address in Italy (including, Republic of San Marino and the Vatican City)and in other EU countries listed here the user specifies when he places the order, excluding P.O. box or similar addresses as well as remote and difficult to serve locations.
Products comprised within the same order cannot be delivered to different addresses, unless differently agreed with us. Products can be dispatched with one or more deliveries.
Deliveries are made by courier commissioned by us and take place on Monday to Friday, excluding bank and public holidays. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
Passing of risk
The risk of loss or damages in the physical Products passes to the user upon delivery of the Products to the user or a third party indicated by the user.
It is responsibility of the user to check the Product(s) ordered for damage upon delivery. If the Products are damaged, please return them to us as set out in Section below entitled "Faulty Products and warranty for consumers".
Price, delivery costs and payment
The price of Products is as quoted on the Site and may change from time to time.
For shipping in Italy (including, Republic of San Marino and the Vatican City) and in countries different from Italy, delivery costs may apply if so provided in the Site and during the purchase process. By making a purchase, the user agrees to accept any applicable delivery costs that is posted on the Site and that have been indicated during the purchase process. Delivery costs (if applicable) are based on weight and distance and may vary from each delivery location.
Prices quoted on the Site include VAT, but exclude other possible tax and delivery costs (if applicable), which will be automatically added (at the cost shown) to the total amount due when the user views the items in his shopping basket and has selected his chosen different delivery method.
Prices and delivery costs (if applicable) are liable to change at any time, but changes will not affect orders that users have already placed with us.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures. If a Product’s correct price is different from the price stated on the Site, we will normally, at our discretion, either contact the user for instructions before despatching the Product, or reject the order and notify the user of such rejection.
Payment for all orders must be made by debit or credit cards or the other possible payment methods indicated on the checkout page from time to time.
From time to time we may run promotions where we issue vouchers or discount codes. These can be used in part-payment of the price of Product(s) ordered on the Site, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which the user got the code or the voucher). Vouchers and/or discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
Consumer's right of withdrawal / Returns policy
As a consumer, the user shall have the right to withdraw from the Contract in relation to Products purchased on the Site at any time before the order is delivered and up to 14 (fourteen) days afterwards, beginning on the day after the user received the Products ("Cooling-off Period"), without any penalty and without giving any reason. Returned Products must conform to our returns policy below.
Conditions of the returned Products:
The user must return the Product in the same condition in which he receives them except to the extent reasonably necessary to examine them. This includes the following guidelines:
We request that the user returns Products in their original packaging to ensure the necessary protection when in transit. Additional instructions for the return of the Product(s) may be included with the delivery package.
It is responsibility of the user to take care of the Product(s) while in his possession. The user shall be liable for any diminished value of the Product(s) resulting from the handling of them other than what is necessary to establish their nature, characteristics and functioning. We may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).
Users cannot withdraw from a Contract for the supply of any of the following Products:
Costs and modalities to return the Products
In the event the user exercises his right of withdrawal, user is responsible to return the Products at its own cure and costs, unless differently provided on the Site or during the purchase process.
We will provide users with a return form within the original package and users are requested to correctly fill in and provide us with such form along with the returned Products.
To withdraw from a Contract, consumer must clearly inform us, preferably:
In the event the user exercises his right of withdrawal in accordance with the above:
We will refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to use of or damage to the Product(s)), including the initial cost of standard delivery offered by us on the Site (if applicable). We will not refund the cost of returning the Product(s) to us if the user is responsible for those costs according to the paragraph "Costs and modalities to return the Products" above. We will refund any money received from the user using the same method originally used by him to pay for his purchase, unless agreed otherwise.
Faulty Products and warranty for consumers
This warranty applies only to Products which are purchased by consumers on this Site.
Lumberjack warrants to the consumers that are residents in the EU that the Products purchased on this Site comply with the specifications and are free of material defects and workmanship errors for a period of 24 (twenty-four) months from the date of delivery.
In any case, for the consumer, the proceedings intended to enforce the lack of conformity not fraudulently hidden by Lumberjack shall in any event expire after 26 (twenty-six) months from delivery of the Product(s).
If a Product has manufacturing defects or in any case of alleged lack of conformity of Products, in order to benefit from his rights under this warranty policy, the consumer must clearly inform us and reporting the fault within 2 (two) months from its discovery: by email at email@example.com giving us his name, address, order reference and information on the fault discovered by the user.
The Product(s) shall be returned to Lumberjack, at its own cure and costs, within 15 (fifteen) days following notification to Lumberjack of the damaged or defective Products. We will provide users with a return form within the original package and users are requested to correctly fill in and provide us with such form along with the returned Products.
Lumberjack will examine all Products returned as damaged or defective and in case of a lack of conformity, will repair or replace the Product, or, if this is not possible, refund the full price paid by the user as well as the costs of returning defective Products (if the latter are incurred by the user) using the same method originally used by the user to pay for the purchase. If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, the amount paid for returned Products shall be refunded in any case to the individual who made the payment.
In the event that Lumberjack finds no fault with the returned Products, the user will be notified on the above and that the returned Products cannot be accepted and the user may elect to have the Products re-delivered to him at user's costs as communicated to him. If the user does not accept re-delivery, Lumberjack reserves the right to retain the Products and the purchase price.
This warranty does not apply (i) if the Product has been subject to faulty and improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the Product; (ii) to damages caused by failure to follow the instructions covered in the documentation for the Products or other specific instructions from Lumberjack; (iii) if the Product is damaged by misuse, abuse, negligence, accident, normal deterioration, improper environmental conditions or lack of responsible care; (iv) to damages due to any other cause not related to defective design, workmanship and/or materials.
Nothing in this section affects the consumer's additional legal rights deriving from Art. 128 and subsequent of the Italian Consumer Code (Legislative Decree No. 206/2005).
Use of personal information submitted by users to or via the Site is governed by our Privacy and Cookies Policy. Please take the time to read this carefully, as it includes important information about how we collect and use the data of the user. By using the Site, the user warrants that all data provided by him are accurate and updated at any time.
We may change the format and content of the Site from time to time. The user agrees that his use of the Site is on an "as is" and "as available" basis and at his sole risk.
Whilst we try to make sure that all information contained on the Site (other than any possible user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. The user shall check with us or the relevant information source before acting on any such information.
Except for what detailed below in the section headed "Our Liability", we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of the user or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is responsibility of the user to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy requirements of the user as to the safety and reliability of content.
Nothing in these Terms of Sale is intended to exclude, restrict or modify any rights which users may have under the Italian Consumer Code (Legislative Decree No. 206/2005) or any other legislation applicable to users (in particular those defining consumer rights) which may not be excluded, restricted or modified by agreement.
Nothing in these Terms of Sale shall limit or exclude our liability to the user:
Subject to this, in no event shall we be liable to the user for any damages or losses and any liability we do have for damages or losses the user suffers arising from any Contract shall not exceed the purchase price of the relevant Product(s).
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
The user may not transfer or assign at any time any or all of his rights or obligations under any Contract or arising out from these Terms of Sale. We may transfer or assign at any time any or all rights or obligations under these Terms of Sale and/or any Contract to third parties as well as transfer to third parties these Terms of Sale, also in case of transfer a business division or of the entire business, provided that this does not reduce protection of the consumer's rights.
Unless differently provided in these Terms of Sale, all notices given by the user to us must be given in writing to the address set out at the end of these Terms of Sale. We may give notice to the user at either the email or postal address he provides to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms of Sale is found to be unenforceable, all other provisions shall remain unaffected.
These Terms of Sale and any document expressly referred to in them represent the entire agreement between us and the user in relation to the relevant subject matter and to the subject matter of any Contract.
Governing law and Jurisdiction
These Terms of Sale are governed by Italian law.
For consumers resident in Italy, the mandatory consumer protection provisions of Italian law (Consumer Code) will apply and therefore consumer protection rights granted to Italian consumers remain unaffected.
For consumers resident in countries different from Italy, nothing in these Terms of Sale shall deprive the users of the protection granted by the provisions of their respective countries which are mandatory (in particular those defining consumer rights).
In the event of a dispute between the user and us, we encourage the user to contact our Customer Service in the first instance to find a solution.
Consumers have the right to bring legal proceedings regarding these Terms of Sale and/or the Contracts (i) before the Court of Treviso (Italy) or (ii) before the courts at their place of residence or domicile. We are only allowed to initiate legal proceedings against consumers before their place of residence or domicile.
As an alternative to resolution of disputes through the courts, the consumer who resides in EU may refer its complaint to the European Online Dispute Resolution Platform (European ODR Platform). The European ODR Platform is developed and managed by the European Council implementing in accordance with Regulation (EU) No. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list therein provided. For further information on the European ODR Platform, or to submit a complaint and start alternative procedures concerning a dispute relating to these Terms of Sale or any Contract, please use the following link: http://ec.europa.eu/odr.
Users can submit any questions they have about these Terms of Sale or any Contract or an order they have placed or ordering in general by email to firstname.lastname@example.org between 9:00 to 17:00 Monday to Friday (excluding public holiday in Italy), or write to us at: Brand Park S.r.l., Via Fonderia, 39 - 31100 Treviso (TV), Italy.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, users declare to have read and understood and to accept the following provisions of these General Terms of Sale: Access and use of the Site; Abusing our Site and termination; Ordering and availability; Passing of risk; Consumer's right of withdrawal / Returns policy; Faulty Products and warranty for consumers; Our liability; Governing Law and Jurisdiction.
The effective date of these General Terms and Conditions of Sale is June15th, 2020.