Wolverine Europe B.V. - Terms of Sale
Status: 15.03.2021
Introduction
These terms and conditions of sale ("Terms of Sale") constitute the terms and conditions on which Wolverine Europe B.V., registered in the Netherlands under company number 34125356, Flemingstraat 5 A, 1704SL Heerhugowaard, the Netherlands ("Wolverine" or "we/us/our") offers and sells products ("Products") to you through https://www.merrell.com/FI/en_FI/home (the "Website"). Our VAT number is OSS NL808486123B01. VAT registered in The Netherlands under One-Stop Shop (OSS)
Thank you for your interest in our Products and for visiting our Website.
Agreement
Purchase of Products
In addition to the Terms of Use, your purchase of the Products we offer to you through our Website is subject to these Terms of Sale. Please read the Terms of Sale carefully before ordering Products through this Website, as by placing an order ("Order") for any of our Products with us you agree to be bound by the Terms of Sale. In the "Checkout" section of the Website, you will be asked to click on the "Confirm Order & Proceed with Payment " button to submit your Order and to confirm that you accept these Terms of Sale. If you do not accept these Terms of Sale and do not click on the " Confirm Order & Proceed with Payment " button, you will not be able to place an Order any Products through this Website.
We recommend that you print out these Terms of Sale for future reference.
Terms of Sale
1. Supply of Products via this Website
-
1.1 We only accept Orders that provide for delivery to Finland.
1.2 This Website is established to sell Products to end-use customers only. We reserve the right not to accept Orders, including Orders which we consider fraudulent and Orders from customers who we reasonably believe to be intending to resell and/or commercially export the Product(s).
1.3 By placing an Order via this Website, you acknowledge that:
-
1.3.1 you have the necessary legal capacity of entering into legally binding contracts;
1.3.2 you are at least 18 years of age or have the consent of your legal representative to enter into a contract with us;
2. Order Acceptance
2.1 Orders are placed via the Website as follows:
2.1.1 You must place the Product you wish to purchase in your shopping cart and then proceed to checkout.
2.1.2 If this is your first purchase on the Website, you may then create a user account with us and log in; if you already have a user account with us, please enter your login details to access your user account. You can also continue the ordering process as a guest without logging in.
2.1.3 You will then be asked to enter your delivery address and payment details
2.1.4 Once you have finished compiling your Order, you will be shown again all the Products you have selected and the total price including all taxes and duties and you will be asked to confirm that your Order is correct and that you agree to these Terms of Sale. If your Order is not correct, you will be able to access your Order again and correct any errors before finally confirming your Order by clicking on the button " Confirm Order & Proceed with Payment " and submitting it in a legally binding manner. It is your responsibility to ensure that your Order is correct before you submit it to us.
2.1.5 After you have submitted your Order to us, we will then process the payment details you have given us to take payment for your Order, and you will then receive an e-mail from us acknowledging your Order and giving you estimated timescales for delivery. We will then check whether we are able to fulfil your Order as requested and will send you an e-mail to confirm this. All Products are sold subject to availability.
2.1.6 You should check this acknowledgement of Order email for accuracy and let us know immediately if there are any errors. This email does not constitute acceptance of your submitted Order. Your Order will be accepted by us when we dispatch the products to you. The risk of loss and title for each item purchased by you pass to you upon our delivery of the item to the carrier. We do not take title to any returned item until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return and, in that event, we do not take title to the refunded item.
2.1.7 For the avoidance of doubt, we would like to point out that Products of an Order whose availability we have not confirmed in the order confirmation e-mail are not part of our contract with you.
2.2 If there are any problems with your Order that Wolverine identifies, a Wolverine representative will contact you.
-
2.1.1 You must place the Product you wish to purchase in your shopping cart and then proceed to checkout.
2.1.2 If this is your first purchase on the Website, you may then create a user account with us and log in; if you already have a user account with us, please enter your login details to access your user account. You can also continue the ordering process as a guest without logging in.
2.1.3 You will then be asked to enter your delivery address and payment details
2.1.4 Once you have finished compiling your Order, you will be shown again all the Products you have selected and the total price including all taxes and duties and you will be asked to confirm that your Order is correct and that you agree to these Terms of Sale. If your Order is not correct, you will be able to access your Order again and correct any errors before finally confirming your Order by clicking on the button " Confirm Order & Proceed with Payment " and submitting it in a legally binding manner. It is your responsibility to ensure that your Order is correct before you submit it to us.
2.1.5 After you have submitted your Order to us, we will then process the payment details you have given us to take payment for your Order, and you will then receive an e-mail from us acknowledging your Order and giving you estimated timescales for delivery. We will then check whether we are able to fulfil your Order as requested and will send you an e-mail to confirm this. All Products are sold subject to availability.
2.1.6 You should check this acknowledgement of Order email for accuracy and let us know immediately if there are any errors. This email does not constitute acceptance of your submitted Order. Your Order will be accepted by us when we dispatch the products to you. The risk of loss and title for each item purchased by you pass to you upon our delivery of the item to the carrier. We do not take title to any returned item until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return and, in that event, we do not take title to the refunded item.
2.1.7 For the avoidance of doubt, we would like to point out that Products of an Order whose availability we have not confirmed in the order confirmation e-mail are not part of our contract with you.
3. Prices and Payment
3.1 The purchase price is due immediately upon conclusion of the purchase contract. Payment for all Products must be made by credit or debit card. We accept payments with MasterCard and VISA and will only confirm your Order once we have received a direct debit authorisation or a validity and payment confirmation.
3.2 For payment cards, all credit and debit cardholders and bank/building society holders respectively are subject to a validation check and approval request. If the issuer of your payment card or our independent service provider who is responsible for checking the validity of cheques does not approve the payment or refuses to validate it for any reason, we will not be liable for any delay in delivery or non-delivery of the Products you have ordered as a result.
4. Availability and Delivery
4.1 Delivery is restricted to Finland. We aim to deliver Products to Finnish addresses by the date set out in our order confirmation e-mail or, if no date is specified, within ten working days (subject to a maximum of 30 working days) of the date of our order confirmation e-mail. If delivery is not possible within this period, we will notify you in advance and provide you with an alternative delivery period ("New Delivery Date"). If you refuse the new delivery date, your Order will be cancelled and we will refund your payment.
4.2 4.2 All deliveries will be sent by registered mail or courier. On receipt of the Products a signature may be required, so please ensure you choose the correct delivery address. You should keep your delivery note and all packaging and should notify our customer services team immediately if any of the Products are missing or damaged (for Products which are damaged on delivery please see clause 6.3 below).
5.Your right of Withdrawal
If you are a consumer and have purchased one or more Products that are delivered in one shipment, the following cancellation policy applies:
Withdrawal policy
Right of Withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise the right of withdrawal, you must inform us (Wolverine Europe B.V., c/o Wolverine Europe Ltd, King's Place, 90 York Way, London N1 9AG, United Kingdom, e-mail: info@merrell.eu) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 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 14 days has expired. You will have to bear the direct cost of returning the goods if the price of the goods to be returned does not exceed an amount of 40 euros. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
If you are a consumer and have purchased several Products on the Website, which are delivered in partial deliveries, the following cancellation policy applies:
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you or a third party designated by you, other than the carrier, took possession of the last good.
To exercise the right of withdrawal, you must inform us (Wolverine Europe B.V., c/o Wolverine Europe Ltd, King's Place, 90 York Way, London N1 9AG, United Kingdom, e-mail: info@merrell.eu) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 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 14 days has expired. You will have to bear the direct cost of returning the goods if the price of the goods to be returned does not exceed an amount of 40 euros. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
To exercise your right of withdrawal you can use the following sample withdrawal form, which is not mandatory.
Sample Withdrawal Form
(If you want to cancel the contract, please fill in this form and send it back).
- To
Wolverine Europe B.V.
c/o Wolverine Europe Ltd
King's Place
90 York Way
London
N1 9AG
United Kingdom
E-mail: info@merrell.eu:
- I/we (*)hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate.
Withdrawal policy
Right of Withdrawal You have the right to cancel this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. To exercise the right of withdrawal, you must inform us (Wolverine Europe B.V., c/o Wolverine Europe Ltd, King's Place, 90 York Way, London N1 9AG, United Kingdom, e-mail: info@merrell.eu) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.Effects of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 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 14 days has expired. You will have to bear the direct cost of returning the goods if the price of the goods to be returned does not exceed an amount of 40 euros. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If you are a consumer and have purchased several Products on the Website, which are delivered in partial deliveries, the following cancellation policy applies:
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party designated by you, other than the carrier, took possession of the last good. To exercise the right of withdrawal, you must inform us (Wolverine Europe B.V., c/o Wolverine Europe Ltd, King's Place, 90 York Way, London N1 9AG, United Kingdom, e-mail: info@merrell.eu) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 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 14 days has expired. You will have to bear the direct cost of returning the goods if the price of the goods to be returned does not exceed an amount of 40 euros. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. To exercise your right of withdrawal you can use the following sample withdrawal form, which is not mandatory. Sample Withdrawal Form (If you want to cancel the contract, please fill in this form and send it back). - To Wolverine Europe B.V. c/o Wolverine Europe Ltd King's Place 90 York Way London N1 9AG United Kingdom E-mail: info@merrell.eu:
6. Return Regulations
6.1 Please try on shoes that you have ordered from us with socks and remain indoors.
6.2 If you are returning Products to us, please follow the instructions enclosed with the package or those given under Returning the package. If you have difficulty returning the Product or printing a return label, please contact our customer service department at INFO@MERRELL.EU to request a return label. Please follow all instructions, as this is the only way we can quickly refund your payment and process your returned Products. This does not affect your statutory rights, including your right to cancel any contract with us.
6.3 In the event that the Products delivered are the wrong Products or the Products are faulty or damaged, we will cover the cost to you of returning them to us. We will, at your option, within the limits of the statutory warranty, either repair or replace defective Products (provided the same or equivalent Products are available) or grant you a price reduction (agreed with you) or refund the purchase price paid, including delivery charges.
7. Refunds
7.1 If you return faulty, incorrect or damaged Products to us we will refund the full payment for those Products made to us, including shipping costs.
7.2 The refund referred to in Clause 7.1 will be made by crediting your payment card account from which the amount was originally debited.
7.3 All refunds referred to in Clause 7.1 will be made within 30 days of receipt of your cancellation of the contract.
8. Warranty and Liability for Products delivered
8.1 We warrant to you that any Product purchased from us through this Website is of satisfactory quality and reasonably fit for all the purposes for which Products of the kind are commonly supplied. In the event of any defects in quality or title of any Product delivered, nothing in these terms will affect your legal rights.
8.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the purchase contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at Clause 8.1; and for defective Products.
8.4 Limitations or exclusions of liability in accordance with this clause do not apply in the case of culpably caused personal injury or in cases of gross negligence and intent.
9. Customer Service and Notices
9.1 If you have any questions, comments, complaints or require other explanations regarding your purchases, you can contact info@merrell.eu or Wolverine Europe B.V., c/o Wolverine Europe Ltd, King's Place, 90 York Way, London N1 9AG.
9.2 Notices from us may be sent either to the e-mail address or postal address provided by you when placing an Order. You are obliged to keep these contact details up to date at all times. A notice will be deemed to have been received and properly delivered 24 hours after the e-mail is sent or five working days after the date of dispatch of the letter, provided that the notice was sent to the last e-mail address or postal address that you yourself provided. To prove that a notice has been delivered, it is sufficient to prove that the letter has been correctly addressed, stamped and placed in the mailbox; in the case of an e-mail, it is sufficient to prove that the e-mail was sent to the e-mail address of the recipient indicated.
9.2 Notices from us may be sent either to the e-mail address or postal address provided by you when placing an Order. You are obliged to keep these contact details up to date at all times. A notice will be deemed to have been received and properly delivered 24 hours after the e-mail is sent or five working days after the date of dispatch of the letter, provided that the notice was sent to the last e-mail address or postal address that you yourself provided. To prove that a notice has been delivered, it is sufficient to prove that the letter has been correctly addressed, stamped and placed in the mailbox; in the case of an e-mail, it is sufficient to prove that the e-mail was sent to the e-mail address of the recipient indicated.
10. Entire Agreement
These Terms of Sale, the Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to your use of the Site. Nothing said by any employee of ours shall be construed as a change to these Terms of Sale or as a representation regarding the nature, condition or availability of the Site or the Products made available on the Site.
11. Severability Clause
If any provision of these Terms of Sale is invalid or ineffective, it shall be replaced, to the extent permitted by law, by the provision which comes closest to the invalid or ineffective provision in economic terms.
12. Waiver
No delay or failure to exercise any power, right or remedy under these Terms of Sale shall be deemed a waiver thereof.
13. Assignment
You are only entitled to assign existing claims against us to third parties with our prior written consent. However, where we have provided you with a guarantee in respect of the Products, you may transfer such guarantee to a person who has acquired the Products. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
14. Amendment of the Terms of Sale
You will be subject to the Terms of Sale in force at the time of your Order or, if we notify you of a change to the Terms of Sale before collecting payment and accepting your Order then once you have accepted these amended Terms of Sale, these amended Terms of Sale will apply.
15. Place of Jurisdiction, Applicable Law
These Terms of Sale shall be governed by the law of Finland and only the courts of Finland will have exclusive jurisdiction with respect to any dispute arising under or in relation to them to the extent possible under mandatory applicable law. .
16. Use of your Personal Data
Please also read the terms of the privacy policy, which contains important information about the use of the personal data you provide when using this Website.
17. Alternative Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution procedures before a consumer dispute resolution body other than defined below.
Consumer information under Regulation (EU) 524/2013: For the purpose of out-of-court settlement of consumer disputes, the European Commission has set up an online dispute resolution platform (OS Platform). The
OS Platform can be accessed at http://ec.europa.eu/consumers/odr/.
Consumer information under Regulation (EU) 524/2013: For the purpose of out-of-court settlement of consumer disputes, the European Commission has set up an online dispute resolution platform (OS Platform). The OS Platform can be accessed at http://ec.europa.eu/consumers/odr/.