THE NORTH FACE®
TERMS OF SALE
PLEASE READ THE FOLLOWING TERMS OF SALE BEFORE PLACING AN ORDER ON THIS SITE
1. What is this document? Why does it matter?
These terms and conditions of sale (“Terms of Sale”) regulate your purchase of the products we promote and sell on this Site ("Products") and the shipping of such Products in the countries we deliver in. "Site" means the website located at http://www.thenorthface.eu. When you make a purchase on this Site, we ask you to confirm your acceptance of these Terms of Sale and, if you do, a contract is formed between you and us, subject to these Terms of Sale. So it is important that you read these Terms of Sale carefully before placing an order for Products on this Site ("Order").
2. Who are we?
In these Terms of Sale “VF”, “we”, "THE NORTH FACE®" and “us” means the trader of the Products, that is the company VF INTERNATIONAL S.A.G.L. - THE NORTH FACE® division, whose registered office is at Via Laveggio, 5, 6855 – Stabio, Switzerland, Company Registration number Lugano - CH-514.4.028.163-8, VAT Number CHE-111.650.898. We can be contacted as indicated in our Contact Us page, managed by our Customer Service. Our Customer Service is operated by our affiliate company VF NORTHERN EUROPE LTD whose registered office is at 15, Atholl Crescent, Edinburgh, EH3 8HA, United Kingdom. “You” means you the customer.
3. Are descriptions of Products and prices flawless?
We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.
We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email (see below).
4. How do I make a purchase on this Site?
We describe here all the steps necessary to make a purchase (in legal terms, to conclude a purchase contract) on our Site. The process below will be available in the following languages, also depending on the country website you may have accessed: English, French, German, Italian, Spanish, Dutch.
The concluded contract will be provided to you at the end of the process and will also be accessible - but not modifiable - in the future by us.
1st step: you place an Order
To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us.
To place an Order you must be 18 years of age or over. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “BUY NOW” button. We will not accept Orders placed in any way other than as detailed above.
2nd step: we confirm receipt of the Order
When you place the Order through the Site you will receive an automated email confirming receipt of your Order ("Order Receipt email". The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
3rd step: we confirm that Products have been shipped - contract concluded!
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been shipped ("Shipping Confirmation email").
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then current Terms of Sale. No other terms and conditions shall apply.
The Shipping Confirmation email will contain an unmodifiable copy of the version of the Terms of Sale applicable at the time the purchase contract is concluded, for your future reference.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:
i. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
ii. we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;
iii. the Products you ordered are unfortunately out of stock or no longer available;
iv. We have reasonable grounds to believe that you intend to resell the Products.
If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
5. How can I pay for the Products?
We accept several methods of payment for purchases on this Site. Please find exhaustive details in our Payment Terms.
6. When will be the Products delivered? Can I track my shipment?
We offer a range of delivery options, among which you can choose the one that best suits your personal needs. Specific terms and conditions, and different delivery charges, may apply to the various delivery options. Please find exhaustive details in our Delivery Terms.
You can track shipment of your Products by clicking on the "Track My Order" link in the Shipping Confirmation email. Please note such link will direct you to the courier's website, which is not controlled by us.
7. I want to return a Product purchased here. What do I have to do?
We hope you are delighted with your purchase from THE NORTH FACE® however we understand if you wish to return any or all of the Products. You can return Products if you are not satisfied or you just change your mind within 30 days of receipt (right of withdrawal).
Also, you can return faulty products within 2 years (legal guarantee for consumer goods).
In both cases, you can receive a refund. Please find full details, conditions and instructions on how to make a return on our Return Terms.
8. Who can I call if I have problems with a purchase or a Product or if I want to make a complaint? Does THE NORTH FACE® offer after-sale customer support?
If you experienced problems or want to make a complaint regarding a Product or a purchase made on this Site, or if you simply need after-sale assistance, you can contact us as indicated in our Contact Us page, managed by our Customer Service. Our Customer Service is operated by our affiliate company VF NORTHERN EUROPE LTD.
9. What is THE NORTH FACE®'s liability if something goes wrong with a purchase or a Product?
Our liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: (i) we shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (ii) we shall not be liable due to the slightly negligent breach of any other duty of care applicable.
The above limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent VF has assumed a specific guarantee. The above provisions shall apply accordingly to our liability for futile expenses.
In any event, you shall take adequate measures to avert and reduce damages.
Please also note that we cannot be held responsible for delays or failure to perform our obligations under these Terms of Sale if such delay or failure is caused by any circumstances beyond our reasonable control, including, for example, natural disasters, war or civil disturbances, strikes, government intervention, failures of our supplier(s), failure by you to give us a correct information or to effect due payments. We will inform you of any such unforeseen events as soon as possible after they occur and we will do our best to reduce their impact on our performance as reasonably possible. Should this interruption continue beyond a period of 2 weeks, you will be entitled to cancel the Order and get a refund.
Nothing in these Terms of Sale shall affect your statutory rights as a consumer, such as your right of withdrawal or your right to a free guarantee for faulty goods as mentioned in Clause 7 above, and nothing in these Terms of Sale shall exclude or limit any liability of THE NORTH FACE® that cannot be excluded or limited pursuant to the applicable law.
10. Are my personal data collected and processed on this Site? Why? How?
11. Use of the Site
12. What is the applicable law? And the competent Court in case of disputes? Does THE NORTH FACE® stick to any code of conduct?
These Terms of Sale are governed in all respects by the laws of Switzerland, without regard to its conflicts of laws rules. The Commercial Courts of Zurich shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on this Site or any Product, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.
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TERMS OF SALE - DELIVERY TERMS
We offer a range of delivery options to receive the Products purchased on our Site. You can choose the one that best suits your personal needs.
1) Standard Delivery:
- FREE service, delivered within 2-5 working days.
- Delivery is Monday to Friday during business hours (Monday to Saturday in UK).
- Select Standard Delivery at checkout.
- Orders placed before 11.00 am (GMT) Monday to Friday will be dispatched the same day
2) Collection Point:
- Only available in: UK, France, Germany, Italy, Spain, The Netherland, Belgium and Luxemburg
- FREE service, delivered within 2-5 working days
- Collection is available 7 days a week, depending on store opening hours.
- Orders placed before 11.00 am (GMT) Monday to Friday will be dispatched the same day
3) Express Delivery:
- Fast delivery available, within 1-2 business days.
- Delivery is Monday to Friday during business hours.
- Select Express Delivery at Checkout, with a cost that depends by market.
- Express orders placed before 11 am (GMT) Monday to Friday will be dispatched the same day
You can track shipment of your Products by clicking on the "Track My Order" link in the Shipping Confirmation email.
- It is our goal to deliver within the above mentioned times, however, delivery dates are not guaranteed as shipments are handled by third parties and are subject to carriers' local bank holidays.
- Christmas last guaranteed delivery date: place your order up to December 20th to ensure it is delivered in time for Christmas (unless differently specified).
- We will be unable to change the delivery address on Orders after checkout.
- If there is no one at the indicated nominated delivery address who can accept delivery of Products, the carrier will leave a notification card in your mail box.
- Title to and risk of loss in your Products will pass to you when you take possession of the Products.
- All Products are shipped from our warehouses in Sint Niklaas, Belgium.
We only deliver in: Austria, Belgium, Denmark, France, Finland, Germany, Holland, Ireland, Italy, Luxemburg, Spain, Sweden and United Kingdom (including Northern Ireland and Isle of Man).
We do not deliver in: British Overseas Territories, the Channel Islands, Gibraltar, British Forces Post Offices, Livigno, Campione d'Italia, Vatican City, Republic of of San Marino, Dutch Overseas Territories, French Overseas Territories, Ceuta & Melilla, Andorra, Gibraltar, Canary Islands, Büsingen, Helgoland, Åland Islands, Fær Øer Islands, Greenland and PO Boxes.
Upon dispatch of the Products from our warehouses, we will send you a Shipment Confirmation email.
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TERMS OF SALE - PAYMENT TERMS
We accept the following payment methods for purchases made on our Site.
- VISA credit/debit
- MASTERCARD credit/debit
- AMERICAN EXPRESS
- VISA ELECTRON
- SOFORT (Austria and Germany only)
- KLARNA (Austria, Sweden and Germany only)
- GIROPAY (Germany only)
- Carte Bleu Online (France only)
- Ideal (Holland only)
Payment must be made in the currency as indicated on your Order before you submit it.
Your Products will be supplied after your payment is cleared (orders with payment method Klarna are shipped even before the payment is cleared). If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
Payment by credit/debit card
If you pay by credit or debit card, you must supply your card details when you place your Order.
When you place your Order, we will contact your card issuer to request authorization to the use of your card for payment of Products. We will not accept your Order (and so we will not supply the Products to you) until your credit or debit card issuer has authorised the use of your card for payment of the Products ordered. When your credit or debit card issuer authorizes the use of your card, the necessary funds on your card are reserved until the purchase process is completed or cancelled. However, no amount is actually charged on your card until the purchase process is completed. Authorizations can remain pending 3 to 7 days even in case of cancelled orders. In such cases, no actual charges will be effected, and the funds will be eventually released. Please contact your credit/debit card issuer for more information on their specific policies regarding authorisations.
We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
We take all reasonable care to make our Site secure and to prevent frauds. All credit and debit card transactions on this Site are processed by Worldpay Limited, a secure online gateway which will be responsible for holding and automated handling in a secure environment of the information relating to your payment details. Please note that we may, at any time and at our sole discretion, restrict shipping to certain Countries or locations we believe to be at high fraud risk.
Payment by Paypal
If you pay by PayPal you will be asked to log in to your PayPal account with your email address and password to confirm the payment.
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TERMS OF SALE - RETURN TERMS
THE NORTH FACE®'s Return Policy
Right of withdrawal
If you are not satisfied with the Products you received or have simply changed your mind about purchasing them after we have e-mailed you your Order Confirmation, you can return them within 30 (thirty) calendar days of delivery of the Products and get a refund, provided that you return the Products to us according to the procedure indicated on our Returns page available here.
This is a right of withdrawal that you can exercise without penalty and without giving any reason.
Please note that while the Products remain in your possession you are responsible for keeping them safe, secure and in good condition.
In case of returns for change of mind (right of withdrawal), you will be fully reimbursed apart from shipping costs for express delivery, if you had chosen this shipping method.
We recognize no right of withdrawal for Products that you have asked us to customize (for example with bespoke colors, materials, monograms) through our DYO functionality available here. Obviously, DYO Products can be returned in case they are faulty.
Legal guarantee for faulty goods
In addition to the above, we recognize the statutory 2-year guarantee for product faults. A product is "faulty" if received damaged or where a manufacturing or material fault occurs within 2 years from the purchase. Please note that Products damaged due to wear and tear are not considered faulty.
You can return faulty Products within 2 years of your receipt of the products and get a full refund, including any shipping costs, as applicable.
If you have received a wrong (different than displayed in The North Face Shop) or damaged item you can return it within 30 days from the shipping date. Please follow the standard return process and select 'Item was defective' as return reason.
If the 30 days return period has expired and the item is faulty, you have 2 years from the date ordered to file a warranty claim. Please contact our Customer Service to assist you in returning your item(s).
How to make a return
1) Create a "return label"
Visit the order tracking page, enter your Order number and your email address, and click ‘create a return’ (for registered customers, you can access your order history here). Select the items you may want to return, the preferred return method (drop off to a collection point or carrier pick up at preferred address) and tick the box corresponding to your return reason. Then print the label provided.
2) Pack the products with the return label
Pack the order in your original box (different boxes can be used, but we strongly encourage recycling where possible) and attach the new label, ensuring the original label is covered.
3) Drop the products or hand them to the carrier
Drop your return into any available dropoff locations or wait for carrier pick-up on the proposed date
4) Wait for return confirmation and refund
You'll get an email confirmation when your order has been correctly returned to our warehouse and refund processed (2-4 business days).
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