GENERAL TERMS AND CONDITIONS OF SALES

1. SCOPE

The purpose of these general terms and conditions (hereinafter "Terms of Use" or Terms and Conditions) is to establish the conditions of access and use of the websites www.colehaan.eu, (hereinafter, "Website"), as well as the rights and obligations in the use of them by each user (hereinafter, "User").

The following terms and conditions apply to all of the orders placed via our online shop by consumers and entrepreneurs whose domicile or habitual residence is located in Germany or Austria.

A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

2. CONTRACTUAL PARTNERS, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with :

Cole Haan International B.V. Herengracht 576 1017 CJ Amsterdam The Netherlands

By placing products in the online shop, we make a binding offer to conclude a contract for these items. You can first place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click on the order button to accept the offer for the goods contained in the shopping cart. Immediately after submitting the order, you will receive another confirmation by e-mail.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for the conclusion of the contract: German We store the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. DELIVERY CONDITIONS

We only deliver by shipping. Unfortunately, it is not possible to pick up the goods yourself. Products shipped outside the European Union may be subject to customs duties and/or other taxes. These duties and/or taxes are entirely at your expense.

5. PAYMENT

Advance payment

If you select the payment method in advance, we will provide you with our bank details in a separate e-mail and deliver the goods after the receipt of payment.

Credit card

During the ordering process, you will enter your credit card details. Your card will be charged immediately after placing the order.

SEPA Direct Debit

By placing your order, you give us a SEPA direct debit mandate. We will inform you of the date of the account debit at least one banking day in advance (known as a prenotification). A banking business day is any working day with the exception of Saturdays, national public holidays and 24 and 31 December of each year. The account will be debited before the goods are shipped.

PayPal

In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order has been placed. You will receive further information during the ordering process.

Invoice

The invoice amount is due 14 days after the receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. We reserve the right to offer a purchase on account only after a successful credit check.

6. RIGHT OF WITHDRAWAL

Consumers are entitled to the statutory right of withdrawal, as described in the cancellation policy. See Appendix A. Entrepreneurs are not granted a voluntary right of withdrawal.

7. RESERVATION OF TITLE

The goods remain our property until a full payment has been made. For entrepreneurs, the following also applies: We reserve the ownership of the goods until all claims from an ongoing business relationship have been fully settled. You may resell the goods subject to a retention of title in the ordinary course of business; you assign all claims arising from this resale to us in advance - regardless of any combination or mixing of the goods subject to a retention of title with a new item – to the value of the invoice amount and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the collateral to which we are entitled at your request to the extent that the realizable value of the collateral exceeds the value of the outstanding receivables by more than 10%.

8. TRANSPORTATION DAMAGE

The following applies to consumers: If goods are delivered with obvious transportation damage, please complain about such defects to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transportation insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the freight forwarder, the carrier or the other person or institution designated to make the shipment.

9. WARRANTIES AND GUARANTEES

9.1 LIABILITY FOR DEFECTS

Unless expressly agreed otherwise, the statutory law on liability for defects applies.

The following restrictions and shortening of deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents

• * in the event of injury to life, limb or health
• * in the event of intentional or grossly negligent breach of duty as well as malice
• * in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• * within the framework of a guarantee promise, if agreed, or
• * insofar as the scope of application of the Product Liability Act.

Restrictions on entrepreneurs

In the case of entrepreneurs, only our own information and the manufacturer's product descriptions that have been included in the contract shall be deemed to be agreements on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

The statutory limitation periods for the recourse claim under Section 445a of the German Civil Code remain unaffected.

Regulations vis-à-vis merchants

Merchants are subject to the obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB). If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless it is a defect which was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

9.2 WARRANTIES AND AFTER-SALES SERVICE

Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: Email: support.europe@colehaan.eu

10. LIABILITY

We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents

• * in the event of injury to life, limb or health,
• * in the event of an intentional or grossly negligent breach of duty,
• * in the case of guarantee promises, if agreed, or
• * insofar as the scope of application of the Product Liability Act.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the contractual partner may regularly rely, (cardinal obligations) and due to a slight negligence by us, our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.

11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (ODR), which you can find here [https://ec.europa.eu/consumers/odr/]. We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.

12. FINAL PROVISIONS

If you are an entrepreneur, then German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

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APPENDIX A

Withdrawal

(1) If you are a consumer (i.e. a natural person who places an order for purposes that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If you as a consumer make use of your right of withdrawal according to Section 1, you must bear the regular costs of the return.

(3) In all other respects, the provisions shall apply to the right of withdrawal, which are reproduced in detail in the following

• Cancellation
• Withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a transport insurance Third Party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must contact us (Cole Haan International BV, Herengracht 576, 1017 CJ Amsterdam, The Netherlands, e-mail: support.europe@colehaan.eu) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such a revocation.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period

Consequences of revocation

If you withdraw from this contract, we shall reimburse all the payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and, at the latest, within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances, will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period.

You will bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss of value is due to any handling of them that is not necessary to check the nature, characteristics and functioning of the goods.

- End of the cancellation policy-

(4) The right of withdrawal does not apply to distance contracts.

(a) for the delivery of goods which have been made to customer specifications or which are clearly tailored to personal needs or which, due to their nature, are not suitable for returns or which may deteriorate quickly or which would exceed the expiry date.

(b) for the delivery of audio or video recordings or software where you have unsealed the delivered data carriers.

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Sample withdrawal form

(Should you wish to withdraw from the contract, please fill out this form and return it to us.)

–At Email:

– I/we (*) hereby revoke the purchase contract concluded by me/us (*) of the following products (*)/the provision of the following services (*)

– Ordered on (*)/ received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notified on paper)

–Date

(*) Please delete anything that is not applicable.