GENERAL TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY. BY SUBMITTING AN ORDER ON THIS ONLINE SHOP, YOU ARE AGREEING TO THESE GENERAL TERMS AND CONDITIONS AND TO THE TERMS OF THE NOTICE OF PRIVACY PRACTICES, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT SUBMIT AN ORDER FOR ANY PRODUCT.
1. Scope of application/contact details
These General Terms and Conditions (hereinafter referred to as "GTC") and the Notice of Privacy Practices (available here) shall apply to all orders for products (the “Products””) submitted by you, our customer, to us, WIP ECOM LLC, also doing business as Carhartt Work in Process and Carhartt WIP (the “COMPANY”, or “we”) via our online shop on http://www.us.carhartt-wip.com (hereinafter referred to as "Online Shop").
No other terms or conditions, even if not explicitly rejected, shall be of any effect, unless otherwise expressly accepted by us in writing. Any additional or different terms or conditions contained in your order shall be deemed objected to by us.
The then current version of the GTC at the time when you place your order shall become valid terms of the contract between you and us.
Our contact details are as follows:
WIP ECOM LLC
401 Broadway Suite 1105
New York, NY 10013
2. Eligible customers, destinations and order quantities
You may place orders in our Online Shop only to the extent that you are a retail customer and not a wholesaler, distributor or any agent or representative of other business entities.
Furthermore, we accept only such orders which provide for the delivery of consumer quantities.
3. Conclusion of contract and details regarding the ordering process
The presentation and promotion of Products in our Online Shop does not constitute a binding offer for the sale of certain Products. All Products offered for purchase on the Online Shop are subject to availability.
After clicking the ordering button all Products selected by you will again be displayed in an order summary. You may then identify and correct input errors, if any, prior to making your final binding order. By clicking the button "Complete Order" you submit a legally binding offer. After clicking “Complete Order” your order will be submitted and you will no longer be able to cancel or change your order through the purchase process.
Upon submission of your order, you will receive a confirmation of receipt by email. The order that you submit to us does not become binding upon the COMPANY, however, until you receive a shipping confirmation or, in the alternative, until the Products ordered are actually shipped. Prior to sending such shipping confirmation, the COMPANY reserves the right to reject an order based on lack or limitation of availability of Products ordered.
By submitting your order, you acknowledge that the COMPANY and you expressly request that the order be placed in English only, and that these GTC and all related documents be drafted in English only. En soumettant votre commande, vous reconnaissez que la Compagnie et vous exigez expressément que la commande soit soumise en langue anglaise seulement et que les présentes modalités et conditions générales et tous les documents y afférant soient rédigés en langue anglaise seulement.
4. Prices and shipping costs
The purchase prices of the Products are determined by the price tags in the Online Shop at the time of the order. All prices in our Online Shop are provided in US Dollars (USD). Purchases on or through the Online Shop are subject to sales tax as required by law. Sales tax(es) will be added to the purchase price where applicable, including with respect to purchases by New York and New Jersey residents. The tax rate is based on the delivery address of your purchase. The actual tax amount will appear on the during the checkout process. Shipping costs will be added where appropriate and must be borne by you.
Our shipping costs are stated for each item in our Online Shop. The price including sales tax where applicable (which will be displayed separately) is also shown on the order form before you submit the order.
If we ship to you by partial delivery pursuant to Section 6.2 below, you shall incur shipping costs only for the first partial delivery but you will incur the cost for the sum of all partial deliveries at the time of purchase.
Free shipping thresholds are based off of Product purchase price and do NOT include sales tax where applicable.
Shipping Costs to Canada are inclusive of import duties and taxes, which will be borne by the COMPANY.
5. Terms of payment and offsetting
Payments may only be made by MasterCard, Visa, American Express, Discover, JCB or Diners Club credit card (or debit card for US residents), PayPal, or Apple Pay.
The purchase price shall immediately become due and your credit card/debit card, PayPal, or Apple Pay account will be charged at the time your order is accepted by the COMPANY.
You may not offset counterclaims against our claims, unless your counterclaims are finally adjudicated, ready for decision or uncontested.
6. Delivery/partial deliveries
Delivery periods and delivery deadlines are provided in the course of the ordering process. The COMPANY shall use its reasonable efforts to deliver the Products to you by the agreed upon date, however, time shall not be of the essence. Except in cases of willful misconduct or gross negligence, we shall not be liable to you for delays in delivery or damage to the Products while in transit. The COMPANY may, within its discretion cancel a customer’s order due to delays or shortages in supply. In this event, we will immediately inform you of the unavailability of the item and refund all payments, if any, previously rendered by you for the item and its delivery.
We are entitled to make partial deliveries of Products ordered.
Only individuals accessing the Website from within the United States and Canada who have reached the age of majority in the state, province or territory from which they are accessing the Website may place orders through the Website. Product orders will only be shipped to the United States and Canada. The Products will be shipped within the United States and Canada by UPS or UPS Canada. All products shipped to Canada are FINAL SALE. Terms of FINAL SALE are listed in Section 6.5 below.
In the absence of any instruction by the customer, shipment will be made using a reasonable method of shipment in the usual manner of packaging. Special packaging or delivery modes requested by a customer will lead to additional costs that the customer will be charged.
All products marked as “FINAL SALE” are not eligible for return, exchange, or refund.
7. Force Majeure and Security Interest
We shall not be liable to you or any other person for any failure or delay in the performance of any obligation under your order due to events beyond our reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in these GTC, acts or regulations or priorities of the federal, state or local governments.
For US Customers: As security for the timely payment and performance of all your indebtedness to the COMPANY, you hereby grant to us a first priority security interest in the Products following delivery thereof to Customer (“Security Interest”). Such Security Interest shall remain in force until payment in full of the entire purchase price for the Products has been received by us. You hereby expressly authorize us to file a UCC Financing Statement to reflect our security interest in the Products. If requested, you shall cooperate in the respective filings and registrations which are required according to applicable local laws for an effective protection of our claim for payment of the Products, including, without limitation, any required documentation duly filed under the UCC in all jurisdictions as may be necessary to perfect our security interest and lien in the Products.
8. Return Policy
All sales are subject to the COMPANY’s then current return policy which can be found at http://www.us.carhartt-wip.com/returns
9. Representations and Warranties
The COMPANY’s warrants that the Products will be free from any defects in materials and workmanship under normal use. You agree to inspect the Products upon receipt. Any warranty claim must be submitted to us within fourteen (14) days after delivery. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE WARRANTIES PROVIDED ABOVE, THE COMPANY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY, TITLE, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Slight color variations between the colors of the Products shown on the website and their actual colors may occur for technical reasons. We reserve the right of such slight deviations compared with the contractually agreed condition.
Please observe the washing and care instructions that are printed on the labels of the delivered Products. We are not liable for any impairment of the Products which is caused by improper cleaning or care of the delivered Products.
IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH BELOW ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, COUNTRY OR OTHER JURISDICTION.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE TERMS AND CONDITIONS SET FORTH IN SECTION 10.1., COMPANY’S LIABILITY – WHETHER BASED UPON CONTRACT, TORT, EQUITY, NEGLIGENCE OR ANY OTHER LEGAL CONCEPT – SHALL IN NO EVENT EXCEED THE VALUE OF YOUR ORDER, AS DESCRIBED ON THE ORDER CONFIRMATION. IT IS AGREED AND ACKNOWLEDGED THAT THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN COMPANY AND YOU, THAT OUR’S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY, THE COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
11. Customer service/support
If you have any questions, comments or complaints as well as other notifications regarding your orders, please send them to us by letter, or e-mail using the contact details specified above in Section 1.4.
12. Applicable law and arbitration.
To the extent permitted by applicable law, all claims arising out of or related to your order and/or purchase, including tort claims, shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than New York. The application of the Convention on Contracts for the International Sale of Goods (CISG) is hereby excluded.
To the extent permitted by applicable law, all disputes arising out of or related to your order and/or purchase shall be settled by final and binding arbitration subject to the Commercial Arbitration Rules of the American Arbitration Association (AAA). The place of the arbitration shall be New York, New York. You hereby waive any and all rights for a jury trial or process in any court of otherwise applicable jurisdiction.
Version: April 2018
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