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Date of Last Revision: 14 July 2015
Section A: Buying products from the website
1 Information which Converse is required to give you
A description of the main characteristics of the Products is contained on the Website. Such a description will be contained in the Order Confirmation mentioned in paragraph 2.
The price of Products (including delivery and packaging charges) and arrangements for payment is as described in paragraphs 8 and 9.
You have a right of cancellation as set out in paragraph 5.
The technical means for concluding the contract to buy Products are set out in paragraph 2. If you have made a mistake in inputting information, please click on the back arrow and you will be able to change it.
2 Placing an 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 Website, which includes designing items, adding items to your shopping cart and checking out from our stores. You must also have Flash downloaded to design your own shoes.
Placing an order on the Websites is easy.
a) Find the Product(s) you want
b) Add the Product(s) to your shopping cart.
c) Proceed to checkout.
Select delivery and billing options.
Review your order.
Submit your order.
Receive an online order confirmation (“Order Confirmation”).
Once we have received your order, an automated confirmation of receipt will be displayed on the Website. Please note that this does not mean that your order has been accepted or that a contract has been made. Converse will confirm acceptance to you by sending you an Order Confirmation by e-mail which confirms that Converse has accepted your order and that the Product is ready for or has been dispatched. The contract between us (the “Contract”) will only be formed when Converse sends you the Order Confirmation. We strongly suggest that you print or download your Order Confirmation for future reference.
We explicitly reserve the right not to accept your order, for any or no reason. If your credit card has already been charged for an order that is later cancelled, Converse will issue you a refund.
The Order Confirmation will include the following information:
· description of the Product ordered;
· the price of the Product ordered (including delivery and any packaging charges), including all VAT and other taxes;
· confirmation of the arrangement for payment, delivery and performance of the order;
· details of your right to cancel the order and a model cancellation form;
· Converse’s identity, address and contact details, and how you can complain; and
· any after-sales services and guarantees.
The Contract will relate only to those Products whose dispatch (or readiness for despatch) Converse confirms in the Order Confirmation. Converse will not be obliged to supply the remaining Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
We also reserve the right to cancel any Contract in (amongst others) the following situations, without being liable for any damage or costs:
· the Product is not available / in stock (any payments already made 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 order susceptible to fraud;
· your bank transfer payment is not received within 12 calendar days after acceptance of 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.
3 Risk and Title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when Converse receives full payment of all sums due in respect of the Products, including delivery charges.
4 Data Check
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Website will be investigated and if necessary prosecuted. By submitting your order, you agree to this.
As you are contracting as a consumer, you have a statutory right to cancel a Contract if you change your mind for any reason. The provisions below set out your legal right to cancel. Further advice about your legal right to cancel the Contract is available from your local Citizens Advice Bureau or Trading Standards office.
You may cancel the Contract at any time from the date of the Order Confirmation up to the end of the 14th day after the day of receipt of the Product by you or the person specified by you for delivery. If the Contract is for multiple Products which are delivered on separate days, you have until the end of the 14th day after the day of receipt of the last Product which is part of the order to cancel the Contract for any of the Products.
For example: if you receive an Order Confirmation on 1 January and you receive a Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.
If you exercise the right, you will receive a full refund of the price paid for the Products in accordance with Converse’s refunds policy (set out below). When exercising the cancellation right, you must return the Products to us immediately (as set out below).
You are entitled to a reasonable opportunity to inspect the Products (which will include removing them from their packaging and trying them on). At all times, you must take reasonable care of the Products and must not let them out of your possession. If you are in breach of your obligations to take reasonable care in this paragraph, Converse will have a claim against you and may deduct from the refund costs incurred by us as a result of the breach.
Details of this statutory right, and an explanation of how to exercise it, are also provided in the Order Confirmation. This provision does not affect your statutory rights.
The cancellation right described in this paragraph is in addition to any other right that you might have to reject the Products, for instance because they are faulty or misdescribed as set out in paragraph 6 below.
As explained above, orders for Bespoke Products cannot be cancelled. You are however entitled to return your order in accordance with the return procedures and conditions below.
Returning orders after delivery – defectives
You are entitled to return Products (including Bespoke Products) delivered to you in the event that they are defective or otherwise do not conform to the quantity, quality, standards or description shown on your Order Confirmation when you received them. You can do so within 6 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 without deduction. For practical information on how to return Products, visit our help section.
Returning orders after delivery – for any other reason
If you are for whatever reason not happy with the Products you ordered, you may return the Products delivered to you within thirty (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 will not be considered damaged);
· the Product is complete: e.g. both items of a pair must be returned;
· the Product has not been tampered with.
7 Our Refunds Policy
When you return a Product to Converse, a refund will be issued as follows:
Right of Cancellation exercised: where you have validly returned a Product under your right of cancellation described in paragraph 5, Converse will refund the full amount paid by you for the Product, including the cost of delivery to you. Please also note that Converse is permitted by law to reduce your refund to reflect any reduction in the value of the Product, if this has been caused by your handling them in a way contrary to the conditions specified in these terms or which would not be permitted in a shop. If Converse refunds you the price paid before it was able to inspect the Product and later discovers you have handled it in an unacceptable way, you must pay Converse an appropriate amount. You will be responsible for returning the Product to Converse at your own cost. 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. If you have registered an account on Converse.com, you will be eligible for free return shipments.
Defective Products: where you have validly returned a Product to Converse because it is defective or for some other reason for which Converse is responsible, Converse will inspect the Product and, where that Product is defective, either repair or replace the Product or, if not possible, refund the full amount paid by you for the Product together with any applicable delivery charges and the reasonable cost incurred by you in returning the Product.
Other returns: where you have returned a Product in circumstances other than as set out above (which includes rejecting a non-defective Product outside the cancellation period), any repair, replacement or refund (in that order) will be at Converse’s discretion. If Converse does agree to provide a repair, replacement or refund, Converse will not refund the cost of delivery to you and Converse will not reimburse the cost incurred by you in returning the Product.
Converse will process any refund due to you within the deadlines below:
if you have received the Product and Converse has not offered to collect it from you: 14 days after the day on which Converse receives the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us; or
if you have not received the Product or you have received it and Converse has offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
Converse will refund you using the same means of payment that you used for the transaction.
Legal ownership of a Product will immediately revert to Converse if Converse refunds any such payment to you.
For practical information on how to return and for refund timelines, visit our help section. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay
You may return a gift as long as you have the original order number. See the above Returns paragraph for details.
8 Payment methods
9 Prices and currency
The Product prices displayed on the Websites are inclusive of Value-Added Tax. Shipping rates are applied per order. Prices are quoted in EUR.
The total price specified in the final check out screen includes tax and shipping costs. The prices are quoted in the Order Confirmation, which you can print or download for future reference. If paying by credit 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.
The product prices displayed on the Websites may be subject to change. We reserve the right to change prices without notice. Subject to the paragraph on Pricing Errors below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.
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.
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of your order, unless there are exceptional circumstances. If a Product (or substitute product) is unavailable so that Converse cannot deliver it to you within 30 days of your order, Converse will contact you and either agree a later delivery date or permit you to cancel the Contract, in which case Converse will refund all monies paid in accordance with Converse’s refunds policy.
Standard orders are shipped directly from our warehouse in Germany. Tracking is provided and will be sent to the email address you provided when you placed the order.
Our shipping method to Austria is via PostAT. We will not deliver to P.O., APO, or FPO Boxes.
Shipping cost is €7.50 per order. For more information, please call +43 (0) 1 267 5616.
Order processing only allows an order to be delivered to one delivery address.
You should inspect the Products within a reasonable time after their receipt. 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.
11 BESPOKE PRODUCTS
For most Bespoke Products, 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 IDs, we cannot honor all of them. Some may contain trade marks or intellectual property rights of third parties, or the names of certain professional sports teams, athletes or celebrities that you (or Converse) does not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our Products. Unfortunately, at times this means that we may decline IDs that may otherwise seem unobjectionable. If your ID 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. Converse reserves the right to reject any ID’s after they have been submitted to Converse.
12 Consumer acknowledgements relating to customisation
Both your design of the Bespoke Product (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 authorised to use the design or the personalisation created by someone else.
Please understand that whilst we have the right to decline your personalisation or your design, you are solely responsible for your design and personalisation, and we have no obligation to review or decline your design and personalisation.
You agree that Converse will own all intellectual property rights in the design or personalisation of your Bespoke Products and/or ID. By submitting the design or personalisation of your Bespoke Products and/or ID to Converse, you transfer all intellectual property rights in the Bespoke Products and/or ID that automatically vest in you by operation of law to Converse. To the extent such transfer is not valid, you grant to Converse an exclusive, fully paid, perpetual, royalty free licence 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 Converse or any other party in the event a design or personalization and/or ID similar to yours is used or designed. We expect you to follow the same rules in respect of the design or personalisation of your Bespoke Products and/or ID that apply to User Generated Content as set out in paragraph 16a below.
13 Website Use Restrictions
14 Safeguard Your Username/Password
You are responsible for any actions that take place while using your Converse account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Converse immediately of any unauthorized use of your Converse account. Converse is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
15 Intellectual Property
As between you and us, all intellectual property in the Products and the Bespoke Products which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us.
All intellectual property on the Website is owned by Converse or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the CONVERSE name, the Star and Chevron Design and the Chuck Taylor Ankle Patch) are trademarks or registered trademarks of Converse.
16 User Generated Content
"User Generated Content" is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available ("post") on or through the Website, except to the extent the content is owned by Converse.
a. Posting Rules: User Generated Content and User Conduct
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Converse or its users to any harm or liability of any type.
Be Relevant and Constructive.
Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don't talk about policies, future products, speculations or rumors about Converse and Converse products, or anything else off topic.
Be Courteous and Appropriate.
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Converse's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Website user or person.
Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.
The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Website.
Do not impersonate any person or entity, including without limitation athletes or Converse employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Converse account, register a Converse account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.
Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.
b. General Rules for User Generated Content
User Generated Content is Not Prescreened
Converse does not guarantee to prescreen User Generated Content. Converse does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Converse is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Converse chooses to monitor any User Generated Content, Converse assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Converse reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Converse's Rights to Your Posting
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Converse a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Converse Website any content that violates another party’s intellectual property rights. If you believe that your work has been improperly copied and posted on the website, please us know.
18 Published Activity
Converse allows you the option to publish about the actions you take on Converse’s Website to Facebook, Twitter and other social platforms. Converse does not control which information gets disseminated on participating social platforms. You agree to allow Converse to check your Converse cookies when you are visiting participating social platforms, and allow Converse to receive information about your use of those social platforms.
21 User Interaction Disclaimer
22 Warranty Disclaimer
Converse is not responsible or liable for any User Generated Content or other content posted on the Website (“Content”) or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Converse disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Converse cannot guarantee and does not promise any specific results from use of the Website. Converse does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Converse does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Converse reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
23 Limitation of Liability
Converse does not in any way exclude or limit its liability for:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation;
- any other loss which cannot be excluded by applicable law.
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the Products concerned. 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.
We are not liable for damages as a result of incorrect information on the Websites.
SECTION C: GENERAL
25 WEBSITE OWNER
This Site is controlled by Converse Netherlands B.V. from its offices in Colosseum 1, 1213 NL Hilversum, The Netherlands.
27 WRITTEN COMMUNICATIONS AND NOTICES
We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications Converse send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
All notices given by you must be given in writing and delivered by email. Notices to you may be given to the email address or the invoice address provided when you placed your order.
28 EVENTS OUTSIDE OUR CONTROL
Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented.
In relation to Products, you will be subject to the policies and terms in force at the time that you order Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Converse notifies you of the change to those policies or these terms before Converse sends you the Order Confirmation (in which case Converse has the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
If either of us does not insist upon strict performance of any of the other’s obligations under the Contract or any of these terms, or if either of us does not exercise any of the rights or remedies to which Converse is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
31 LAW AND JURISDICTION
Contracts for the purchase of Products through the Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
(Complete and return this form only if you wish to withdraw from the contract)
To: Converse Online Store
Stockholmer Allee 3
Phonenumber: +43 (0) 1 267 5616
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate
- OUR SUPPLY CHAIN
- RETAIL STORES
- WHAT WE DO / WHAT WE DON’T