DEFINITIONS

Seller: G-Star Raw eStore B.V.

  • having its registered office at Joan Muyskenweg 39, 1114 AN Amsterdam, the Netherlands
  • registered in the Chamber of Commerce under number: 34114149
  • VAT number: DE815190031
  • email address: onlineoutlet.de@g-star.com
  • website: www.g-star.com/outlet
  • Managing Director R.J. Schilder

Buyer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement.

Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more products.

Product: a G-Star product that the Seller offers for sale on the Website. 
Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.

Agreement: The Order, which the Seller has accepted as such.

Information on Online Dispute Resolution.
The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr.

G-Star is not willing and not obligated to participate in dispute resolution proceedings before a consumer conciliation board.

ARTICLE 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS

1.1
These General Terms and Conditions govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website www.g-star.com/outlet including the purchase and sale of a Product on or via the Website.

ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT

2.1
An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller’s acceptance of an Order (the offer) from the Buyer that has been placed on or via the Website in the following manner:

  • The Buyer has selected the Product desired in the desired style, colour and size and has added the Product to the shopping cart.
  • The Buyer has followed and completed the following steps:
            Step 1: The Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired.
            Step 2: The Buyer has checked the order.
           Step 3: The Buyer has selected the payment method desired and possibly has made a full or partial advance payment.
  • The Order has been placed.
  • The Buyer will receive a confirmation of the Order that has been placed in an electronic manner (via the Website).
If the Order has been accepted by the Seller, the Seller will send the Buyer a confirmation, by e-mail, as soon as possible after the Order has been placed.

2.2
The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others:

  • If the total value of the Order is above €1,000.00
  • If the information that the Buyer has filled in is incorrect and/or incomplete, or if the Seller is reasonably entitled to doubt whether that is the case.
  • If the Buyer’s payment is not received within the agreed term.
  • If the Buyer has already failed to comply with his/her payment obligations towards the Seller in the past.
  • If the Buyer in the past has failed to accept and/or collect Orders that he/she placed with the Seller.
  • If there is an obvious mistake or clerical error, for example in the prices indicated on the Website.
  • If the delivery address desired is not located in Germany.  

The Seller will notify the Buyer as quickly as possible if an Order is not accepted.

2.3
The Seller will keep the Agreement on file and retain it for a certain term (having a minimum of seven years). If the Buyer has his/her own account he/she will be able to consult the Agreement by logging in to that account. The Buyer may also request a copy of the Agreement from the Seller – as long as the Seller has it on file – by contacting the Seller via the contact details that can be obtained by clicking on the ‘About us’ button on the Website.

2.4
The Agreement, including the privacy statement and disclaimer placed on the Website and these General Terms and Conditions, constitute the entire agreement between the Buyer and the Seller with respect to the use of the Website and the placement and execution of an Order.

ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES

3.1
Shipment will be made using a carrier designated by the Seller.


3.2
After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price if the Buyer has chosen for advance payment and unless the parties have agreed on a longer delivery period.

3.3
The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.


3.4
The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products have been delivered to the Buyer.

ARTICLE 4. PRICE AND PAYMENT

4.1
The prices indicated on the Website are denominated in euros, are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs. The shipping costs will be charged separately in respect of each Agreement. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed. The shipping cost for the return of an order will be charged at the expense of the Buyer.


4.2
The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.


4.3
Payment may be made using the methods indicated on the Website and must be made within 14 days after the Product has been delivered.


4.4
The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.

ARTICLE 5. RIGHT TO RETURN

5.1
Users who conclude a long-distance transaction have a legal right of withdrawal from purchasing the Product.

5.2
WITHDRAWAL POLICY
Right of withdrawal

You have the right to withdraw from this Agreement within a term of thirty days without giving reasons.

The withdrawal period is thirty days from the date on which you, or a third party named by you, who is not the promoter, take possession of the Products, or (in the case of an Agreement governing several Products which you ordered in one single Order and which were delivered separately), the last Product to be delivered, or (in the case of an Agreement governing the delivery of a Product in several part-deliveries or pieces), the last part-delivery or the last piece to be delivered.

To exercise your right of withdrawal you must inform us (G-Star Raw eStore B.V., Joan Muyskenweg 39, 1114 AN Amsterdam, the Netherlands; onlineoutlet.de@g-star.com) by means of a clear declaration (e.g. by sending letter by post, telefax or e-mail), of your decision to withdraw from the Agreement. To do this, you can use the Specimen Withdrawal Form attached as Appendix 1, although this is not mandatory.

To adhere to the deadline for returning the Product, it suffices to send the notification exercising your right of withdrawal prior to the expiration of the withdrawal period for returning Products.

The consequences of withdrawal

If you withdraw from the Agreement, we shall be obliged to refund all payments that we have received from you, including the delivery costs (with the exception of any additional costs incurred due to your having chosen a different type of delivery to the low-cost standard delivery that we offer), promptly and within a term of thirty days from the date on which we receive the notification of your withdrawal from the Agreement. To carry out the refund, we will use the same payment method as that used by you in the original transaction, unless a different agreement has been expressly concluded with you; you will never, under any circumstances, be subject to any charges due to this refund.

We can refuse to refund your payment until we receive the returned Product from you, or until you provide proof that you have sent the Product back to us, depending on which of the two takes place first.

You shall send back, or hand over, the Product to us without delay and at all events within, at the latest, a term of thirty days from the date on which you send us written notification of withdrawal from the Agreement to the following address: G-Star Warehouse CBW, Casablancaweg 9, 1047 HP Amsterdam, Netherlands. The withdrawal period will be observed if you dispatch the Product before the term of thirty days has expired.

You will only have to pay the cost of any loss of value of the Product provided the said loss of value can be ascribed to unnecessary modes of handling the Product in order to test its quality, features and way of functioning.

Exceptions in which the right of withdrawal does not apply:

You do not have a legal right of withdrawal for long-distance contracts concerning the following:

the delivery of Products which are not ready-made, and which have been manufactured in accordance with a decisive individual choice or decision made by the Consumer, or which are especially tailored to the personal requirements of the Consumer, and/or
the delivery of sealed Products which are not suitable for return for reasons of health protection or hygiene, in cases where their seal has been removed after delivery,

- END OF WITHDRAWAL POLICY – 

5.3
The Withdrawal Form mentioned above and in attachment 1, a copy of which we have inserted below to provide a better overview. This form merely represents an option for notifying us of withdrawal, but its use for that purpose is not compulsory.

Model withdrawal Form G-Star Outlet
(If you want to cancel the contract, please fill out this form and send it back.)

To: onlineoutlet.de@g-star.com
or: G-Star Raw eStore B.V., Joan Muyskenweg 39. 1114 AN Amsterdam, the Netherlands

I/We __________________ (name of consumer) hereby give notice (s) from my / our (*) canellation of the contract concluded about the purchase of the following products ____________________________________
Appointed on __________________ / received on __________________
Name / consumer (s): __________________
Address of the / consumer (s): __________________
Signature of / consumer (s) (only with message on paper):
__________________
Date: __________________

ARTICLE 6. FORCE MAJEURE

6.1
The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligations, and that cannot be attributed to the Seller because they cannot be blamed on the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as - but not restricted to - war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by the Seller, a failure on the part of the Seller’s suppliers to supply goods or a failure on the part of the Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.


6.2
If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or taking into consideration the Buyer's reasonable interests – if compliance within a reasonable term is not possible – to dissolve the Agreement, without the Seller being obliged to pay the Buyer any compensation in that respect.

ARTICLE 7. COMPLAINTS

7.1
The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found by clicking on the ‘Customer Support’ button on the Website.

7.2
The Seller will respond to any complaints that it receives within a term of 14 days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.


7.3
To the extent required by applicable law, the Buyer will reasonably cooperate in the event that the Seller recalls a Product.

ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS

8.1
Any and all marks, product names, logos, models and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of the Seller or one or more of its group companies. The Buyer acknowledges the Seller’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and the Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
8.2
The Seller refers to the disclaimer with regard to the intellectual property rights in respect of the Website.

ARTICLE 9. RETENTION OF TITLE

9.1
The Seller will retain the title in respect of any and all goods to be delivered until the following obligations towards the Seller have been complied with in full:

  • the performance and obligations (including payment obligations) that the Buyer owes/has in respect of any and all goods that have been or that will be delivered in accordance with the agreement; and
  • claims on the ground of the Buyer’s breach in respect of his/her compliance with this agreement.

 

ARTICLE 10. GUARANTEE AND LIABILITY

10.1
The Seller is required by law to provide a Product that meets the contract with the Buyer.
10.2
The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.
10.3
The Seller refers to the Website Terms of Use with regard to its liability in respect of the Website and the use thereof.

ARTICLE 11. APPLICABLE LAW

11.1
The law of the country of your residence applies to this agreement.

ARTICLE 12. INVALID PROVISIONS

12.1
In the event that any provision contained in these General Terms and Conditions is invalid, the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect.

ARTICLE 13. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS

13.1
The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website. If the Buyer is unable to consult the General Terms and Conditions via the Internet the Seller will send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.

Version May 2020

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