HOODTIE® (hereinafter HOODTIE, We)
GENERAL TERMS AND CONDITIONS OF SALE
1. Application of General Terms and Conditions of Sale
These General Terms and Conditions of Sale govern all orders placed on the HOODTIE.com SITE. They shall apply to the exclusion of any other conditions. By placing an order you recognise having read, understood and accepted, without any reserve, these General Terms and Conditions of Sale.
By using this site, you also accept to be subject to our Conditions of Use and to our Confidentiality Policy. HOODTIE encourages you to read them carefully before making use of the services provided on this site.
HOODTIE reserves the right to amend these General Terms and Conditions of Sale at any time by publishing a new version on its site. Orders placed after the publication of the new version by HOODTIE shall constitute acceptance of this new version.
You are not obliged to create an account to order from this site. If you choose the option to create an account at the time of your registration, check the accuracy of the mandatory information that you provide and inform us of any change of address and other amendments by updating your personal data.
The password provided for your account must be unique and kept safely. In the event of any violation of the security of your account or any unauthorised use, you must immediately inform HOODTIE and change your password. You assume full responsibility for the use of your password and any orders that are placed by using it, even without your knowledge.
The prices payable for the goods that you order are those that appear on this site on the date of the order. For Switzerland VAT is included in the indicated prices. For deliveries outside of Switzerland the price is calculated automatically excluding tax on the invoice.
The prices are indicated on the site in Swiss Francs (CHF), Euros (€), Livre Sterling (£) or in dollars ($) according to your choice. If your debit/credit card is not in Swiss Francs (CHF), in Euros (€), Livre Sterling (£) or in dollars ($), the final price is calculated according to the exchange rate applicable on the day when the issuer of your card processes the transaction.
The amount for the delivery costs is indicated under the “basket” heading and is subject to the customer’s approval before validation of each order.
HOODTIE reserves the right to amend its prices and delivery costs at any time and to cancel a contract which includes errors (printing, description, calculation).
5. Customs duties
For any delivery outside of Switzerland, you are considered to be an importer and you must respect the laws and regulations in force in the country where the goods are received. On arrival of the goods in your country, you shall be subject to import taxes and duties. You are responsible for any additional customs clearance costs. We have no control over these costs and have no knowledge of their amount. Customs policies vary from one country to the next and we advise you to get information from your local customs authority.
By placing an order on this site, you undertake to buy products which you have selected in accordance with these General Terms and Conditions of Sale.
Persons under the age of 18 and those who do not have full legal capacity certify on placing their order that they have the approval of their legal representative for the transaction in question.
The HOODTIE site offers its products for sale within the limits of available stock. Orders are processed in the order of their arrival.
HOODTIE reserves the right to refuse or to cancel, at its discretion and at any time, orders that are placed with it. In such a case HOODTIE is not obliged to substantiate its decision.
HOODTIE reserves the right to cancel an order in the case of a price error following a technical problem or data capture error.
Payment is owed immediately on placement of the order, as well as for pre-ordered goods. It shall be made by credit card using secure platforms (SSL) STRIPE and PayPal.
If your credit card cannot be debited, HOODTIE will place your order on hold and will send you a notification concerning the payment failure. Your order shall be shipped on receipt of your payment.
Retention of title: HOODTIE shall retain title to the goods until full payment of the price.
8. Order confirmation
The orders that you place on this site shall not constitute a binding contract if they have not been confirmed by an e-mail from HOODTIE.
The data captured by HOODTIE constitutes irrefutable proof of the order or the transaction. Data recorded by the payment system constitutes irrefutable proof of the financial transactions.
9. Availability and delivery deadline
By way of indication, the delivery period is 5 to 10 working days for goods available in stock, it being specified that the delivery periods cannot be guaranteed. When an item is not in stock, the delivery period shall be 30 working days at the most. The delivery period of pre-orders for certain special offers are reserved.
HOODTIE shall ensure that the most up-to-date availability of stocks and delivery periods are displayed and as accurately as possible on the online shop. There may however be delivery delays owing to production or delivery problems. This is the reason why all the information on availability and delivery are provided as an indication and may be changed at any time.
In all cases, when a delay in delivery exceeds 10 working days, you shall be informed by email in order to agree on a new time or possible cancellation of the order with reimbursement.
10. Stock shortage
In the event that an item is out of stock, you shall be informed directly at the time of placement of the order and/or by email. HOODTIE will rapidly inform you of the dates when product(s) will be available again.
All orders confirmed by HOODTIE shall be delivered to the address indicated on the order.
HOODTIE requires a signature on receipt of all products, following which the responsibility for your purchases is transferred to you. If you have indicated another delivery address to yours on the order, you accept that the recipient’s signature constitutes proof of delivery and the contract fulfilled by HOODTIE, and the transfer of responsibility shall take place in the same manner as above.
12. Checking of the goods
It is the client’s responsibility to check the quantity and good condition of the goods delivered. HOODTIE reminds the customer that when he/she physically takes possession of the products, the risks of loss or damages of the products are transferred to him/her. It is the customer’s responsibility to notify the carrier of any reserve pertaining to the product delivered and to notify us thereof.
If you notice that there are missing or damaged goods you must notify and submit a claim to the carrier and inform HOODTIE thereof within 7 days following delivery.
You shall benefit from the right of return within 14 days of receipt of the goods. HOODTIE only accepts the return if the products are in their original and complete condition (packaging, accessories, notice) so that they can be resold in new condition. Furthermore they must be accompanied by an invoice.
In the case of return complying with the aforementioned requirements, HOODTIE shall reimburse the cost of the returned goods within a maximum period of 30 days from the date of receipt of the returned goods. The delivery charges shall be borne by you. The method of reimbursement is the same as the payment method of your order.
The articles covered by a warranty shall be subject to the valid conditions of offer at the time of the purchase. The two-year warranty becomes effective on the date of delivery of the article, justified by the supporting document (invoice) which we ask you to keep carefully.
The warranty does not cover damages owing to poor maintenance and incorrect use or to poor handling, or non-respect of the instructions for use, to normal wear and tear or dismantling of the object (screws).
15. After–sales service
In the case of a problem or question concerning the maintenance or after-sales service of your HOODTIE product, please contact us firstly by email at the following address: firstname.lastname@example.org. If the problem cannot be resolved we will inform you of the steps to follow in order to find a quick solution for you.
16. Limitation of Liability
We endeavour to present in the most faithful manner possible the colours of our products on our site, nevertheless the display of computer screens may vary and we cannot guarantee that your screen will display the actual colours.
The photos and wording illustrating and describing the products, which appear on this site, are non-contractual and are only for information purposes. HOODTIE assumes no responsibility in the case of errors or omissions in the photos or wording appearing on this site.
We have optimised to a maximum the interior of our tie jewellery in order to avoid damaging the fabric of the ties. Nevertheless, normal wear and tear of the fabric may be observed on frequent use.
17. Intellectual property rights
The trademarks, domain names, products, images, videos, text or more generally any information that is the object of intellectual property rights are and remain the property of HOODTIE. No intellectual property rights are transferred with these General Terms and Conditions of Sale. Any total or partial reproduction, modification or utilisation of these goods for any reason whatsoever are strictly forbidden.
Without limiting the scope of these General Terms and Conditions of Sale, no claim whatsoever relating to damages concerning delivered products, delivery or other factors, may exceed the amount of the purchase price of the product(s) concerned.
19. Partial nullity
If certain provisions of these Conditions of Sale prove to be null and void, the validity of the other contract provisions shall not be modified as a result of this.
20. Force majeure
HOODTIE shall do its utmost to fulfil its obligations but cannot be held liable for delays or for delivery not taking place, in circumstances which are out of its hands, such as strikes, war, natural disasters and others which prevent the production, transport or delivery of products.
21. Protection of personal data
All data of a personal nature shall be considered to be confidential. By accepting the General Terms and Conditions of Sale, you consent to HOODTIE collecting and using your data for the processing of your order.
If you have accepted at the time of your registration or so wished, you shall receive newsletters concerning new products and promotions. A link will enable you to unsubscribe at any time.
You are authorised at all times to exercise your data protection rights. In particular, you are authorised to request information on personal data recorded, to have it corrected or completed, to oppose the processing or to demand the deletion thereof.
22. Reference Version of General Sales Conditions
Note: in the event of any discrepancy between the French version of the General Conditions of Sale and those in another language, the original French version shall prevail.
23. Governing law and jurisdiction
These General Terms and Conditions of Sale shall be governed by Swiss law.
The exclusive place of jurisdiction is situated in the same country as the governing law.
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