GENERAL TERMS AND CONDITIONS OF SALES

Latest update: July 2024

These General Terms and Conditions of Sale ("Terms of Sale") apply to the sale through colehaan.eu (the "Website") of products sold by COLE HAAN INTERNATIONAL B.V., Herengracht 576, 1017 CJ Amsterdam, the Netherlands, registered in the Dutch Business Register under number 56982437 (hereinafter "the Company", "Cole Haan", or "We") to consumers whose domicile or habitual residence is located in Austria, Belgium, Croatia, Czech Republic, Denmark, Germany Estonia, Finland, France Hungary, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Romania, Slovakia, Slovenia, Sweden, Republic of Ireland ("You" or "the Customer").

You can contact us at contact.europe@colehaan.eu.

The present Terms of Sale are to be read in conjunction with the Privacy Policy and the General Terms and Conditions of Use, available on our Website.

YOU MUST NOT ORDER OR ARRANGE FOR DELIVERY OF PRODUCTS FROM THIS WEBSITE IF (A) YOU DO NOT ACCEPT THESE TERMS OF SALE, (B) YOU ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) YOU DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACT.

BY PLACING AN ORDER ON THE WEBSITE, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT TO BE BOUND BY THESE TERMS OF SALE.

Any change to the Terms of Sale will only apply to orders placed after the date of the change and will be effective from the "latest update" indicated on the Website. You must consult the Terms of Sale before making any purchases on the Website. Using the Website after the "latest update” date implies your acceptance of the modifications to the Terms of Sale, with no reservations.

1. Products

The products are those listed on the Website (the "Products”), including shoes, bags, and other fashion items and accessories.

Only the Products displayed on the Website on the day of the order are offered for sale, within the limits of available stocks.

Cole Haan takes great care in providing information about the essential characteristics of the Products, including detailed descriptions and photographs illustrating the Products, in accordance with the best market standards.

Customers are invited to refer to the description of each Product for information about its properties and particularities, especially with regard to the characteristics and required sizes.

2. Ordering process

After choosing the Products you wish to purchase, they will be added to your shopping cart. We will then process your order, and you will be invited to make the payment. To do so, please follow the different steps of the purchase process by providing or verifying the information required at each step.

During the purchase process, you can modify your order at any time before making your payment.

When we have accepted your order, you will be assigned an order number. This will be displayed on the web page. You will also be sent the order number by email.

We will notify you by email if we do not accept your order, and we will refund you if payment has been made.

3. Prices and payment

• 3.1 Prices. The price of the Products will be those stated at any time on our Website, unless there is a blatant error. The prices displayed on our Website are in euros and include Value Added Tax (VAT) but do not include delivery charges. VAT is charged at the rate in force on the day of the order.
• 3.2 Blatant pricing error. If we detect a blatant error in the price of the Product(s) you have ordered, we will inform you as soon as possible and ask you whether you want to confirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered as cancelled, and we will refund the full amount paid.
• 3.3 Delivery charges. Delivery charges are calculated at the time you place an order. Delivery is free for all orders over 100 euros.
• 3.4 Customs duties and other taxes. Customs duties and/or other taxes may be payable on Products delivered outside the European Union. These duties and/or taxes are entirely at your expense. If you refuse to pay these duties and/or taxes, the cost of returning the Product to Cole Haan will be deducted from your refund.
• 3.5 Terms of payment. Payments are accepted either by credit card or by mobile payment providers such as Apple Pay, Google Pay, and PayPal. You represent and warrant that (i) the information you provide to us regarding your payment is accurate and complete, (ii) you are authorised to use the relevant payment method, and (iii) where applicable, your bank or credit card company will pay the amount paid in accordance with the order. After confirming your order, you may be redirected to an online payment platform, where you should follow the steps of the payment process. Credit cards are subject to validity checks and authorisation by the card issuer. If we do not receive the required payment authorisation, we will not be liable for any delay or failure to deliver the Products concerned.
• 3.6 Price changes. Prices are subject to change at any time. However, orders already placed will not be affected by such price changes, except as described above.

4. Refusal to process an order

We reserve the right to remove any Product from our Website at any time and to replace or modify any content or information on the Website. While we always make every effort to fulfil all orders to the best of our ability, there may be exceptional circumstances, such as manufacturing, inventory, or payment problems, that require us to refuse to process an order after we have sent you an order confirmation. We may exercise this right at any time. In such a case, if payment has already been made, we will refund all amounts paid as soon as possible, including delivery charges, using the same payment method you used for the transaction. You will not have to pay any costs to receive this refund.

We shall not be liable to you or any third party for removing a Product from the Website or for not processing an order in the cases described above.

5. Delivery

Subject to the provisions of Article 4 concerning the availability of Products, and subject to exceptional circumstances, we endeavour to deliver the Product(s) you have purchased within the time period stated on the order summary.

However, delays may occur due to unforeseen circumstances. If delivery cannot be made within a reasonable additional time, we will ask you whether you are willing to wait until a new delivery date or cancel your order and get a full refund for any payments made.

If the Product is delivered damaged, it is important that you refuse the parcel and write down precise reservations on the delivery note. If you sign the delivery receipt without expressing any reservations and accept the Product(s), you acknowledge that the goods were received undamaged.

For the purposes of these Terms of Sale, delivery shall be deemed to have occurred, or the order shall be deemed to have been delivered, at the time you or a third party designated by you take physical possession of the Products. The carrier will attempt to deliver the parcel and, if successful, will send us proof of delivery. If unsuccessful, the carrier will attempt to leave the parcel with a neighbour or, if instructed to do so, will leave it in the safe place designated by the addressee.

6. Transfer of risk and ownership of the Products

You will assume the risk for the Products from the moment of delivery. Ownership of the Products will be transferred to you only when all amounts due (including the delivery charges) have been paid, or upon delivery if payment has already been made.

7. Information on your right to change your mind and cancel an order (only applicable to residents of the European Union)

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, have taken physical possession of the Product. If you have ordered multiple Products in a single order, and the Products are delivered separately, the cancellation period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, have taken physical possession of the last Product.

To exercise the right to change your mind, we use a third-party returns portal, through which you can request a free return label. When the Products are received in our warehouse and checked, you will be given a refund.

To respect the cancellation period, you just need to tell us that you have changed your mind before the end of the cancellation period.

Effects of cancellation. If you change your mind and cancel this contract, we will give you a refund for the Products you have received. We will not refund any delivery charges paid by you, nor any additional charges arising if you choose a type of delivery other than the least expensive standard delivery method offered by us, without undue delay and in any event no later than fourteen days from the day you tell us you have decided to change your mind and cancel this contract.

We may defer the refund until we have received the Product, or until you have provided proof that you have sent back the Product, whichever comes first.

We will issue the refund using the same payment method you used for the original transaction, without charge for you.

You must return the Product to the following address without undue delay and, in any event, no later than fourteen days after telling us you have decided to change your mind and cancel this contract. This period is deemed to have been respected if you send back the Product before the end of the fourteen-day period.

Bleckmann B.V.Piri Reisweg 15-17,5928 LB Venlo,The Netherlands

We will pay the cost of returning the Product.

You are only liable for damage to the Product arising from it being handled beyond what is necessary to establish the nature, characteristics, and proper functioning of the Product.

8. Warranty

Except for the rights granted to you under consumer law, all other warranties, conditions and terms not set forth in these Terms of Sale are, to the extent permitted by law, excluded.

9. Purchase for personal use

You represent that you are purchasing the Product(s) for your personal use only, and not for resale, rental (whether free-of-charge or for payment), export, or any other use, which would be in total violation of these Terms of Sale. Cole Haan shall not be liable for any damage or loss related to a purchase made for business or professional purposes, including, but not limited to, loss of profits, loss of business, loss of goodwill and/or other similar losses, loss of anticipated savings, loss of property, loss of contracts, loss of use, or any special, indirect, consequential, or purely economic damage, loss, expense, or cost.

10. Personal data

We are committed to protecting your personal data. Our Privacy Policy governs the processing of all personal data collected from you.

11. Archiving – Access to the order/contract

Your order will be archived on our server, and you may request access to a copy of the order and the corresponding contract at any time by writing to the following email address: contact.europe@colehaan.eu.

12. Force majeure

Neither party shall be liable for any failure to perform any of its obligations arising from force majeure.

13. Transfer of rights and obligations

You may not assign, transfer, charge, or otherwise convey this contract or any of your rights or obligations under it without our prior written consent.

We may assign, transfer, encumber, subcontract, or otherwise transfer this contract or any of our rights or obligations under it at any time. For the avoidance of doubt, such transfers, assignments, encumbrances, and other transfers shall be without prejudice to your statutory consumer rights, if any, and shall not limit, restrict, or exclude any express or implied warranties that we may have given you.

14. Intellectual property

You acknowledge and agree that all copyright, trademark, and other intellectual property rights in all information or content on our Website shall at all times be owned by us or by our licensors. You may only use this information to the extent that is expressly authorised by us or by our licensor. This does not prevent you from using this Website to copy information required for your order or your identification.

15. Written communication

In line with applicable regulations, we are required to send you certain information or communications in writing. By using this Website, you accept that your communication with us will be primarily in electronic form. We will contact you by email or inform you through alerts posted on our Website, subject to the terms of our Privacy Policy, where applicable. For contractual purposes, you consent to the use of this electronic means of communication and agree that all contracts, notices, information, and other messages sent to you by us electronically comply with the law requiring that such communications be in writing.

It is understood that notices will be duly made and received at the time they are posted on our Website, or 24 hours after an email is sent, or three days from the date of postage of any letter. To prove that a notice was delivered, it will be sufficient to show, in the case of a letter, that the address was correctly written, and that it was properly stamped and mailed; in the case of an email, it will be sufficient to show that it was sent to the email address indicated by the recipient.

16. Miscellaneous

Any failure by a party to enforce these Terms of Sale at any time shall not be construed as a waiver of any of these provisions at a later time. Any modification or waiver of these Terms of Sale requires our explicit consent.

If one or more of the clauses herein were to be held invalid or declared as such in application of a law or regulation or following a final decision of a competent court, the other clauses shall retain their full force and scope.

Our Terms of Sale are written in English and Dutch. Any translated versions are provided for your convenience only. To the extent that a translated version of our Terms of Sale conflicts with the English or Dutch version, the English or Dutch version shall prevail.

17. Governing Law – Dispute resolution

These Terms of Sale are governed by Dutch law, subject to the mandatory rules of the consumer's country of residence.

In the event of a dispute, Customers should first contact Cole Haan to seek an amicable solution. The Customer and Cole Haan will use their best efforts to reach an amicable resolution for the dispute.