Online Terms and Conditions of Sale

Online Terms and Conditions of Sale

Last updated: 27 September 2022

1 THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how either of us may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 For products sold on www.kathmanduoutdoor.de the exclusive language available for the conclusion of the contract is German. Translations of these terms to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

2 INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Rip Curl Europe SAS, a company registered in France. Our company registration number is 332 899 731 and our registered office is at 407 Avenue de la Tuilerie, 40150 Soorts-Hossegor, France. Our registered VAT number is FR 09 332 899 731.  

2.2 How to contact us. You can contact us by calling us on +33 (0)9 69 39 40 69, emailing us at support@kathmanduoutdoor.de or writing to us at:

Rip Curl Europe
407 Avenue de la Tuilerie
40150 Soorts-Hossegor

France
 

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address which you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3 OUR CONTRACT WITH YOU

3.1 When you place your order at the end of the online checkout process and you click on the "Buy Now" button, you submit a binding offer which we will acknowledge by email. This acknowledgement does not, however, mean that your order has been accepted. 

3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Please note that you can only place an order with us if you are over the age of 18.

3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your payment has not passed our transaction security measures, because you are under 18 years of age, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified. You must provide a physical delivery address at the time of purchase as we are not able to deliver to a PO Box. We do not deliver to freight forwarder addresses.

3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5. Offer validity. The products we offer on:

3.5.1 www.kathmanduoutdoor.fr may only be sold to customers with a valid delivery address in France; and

3.5.2 www.kathmanduoutdoor.de may only be sold to customers with a valid delivery address in Germany. 

4 TECHNICAL STEPS UP TO THE CONCLUSION OF THE CONTRACT AND CORRECTION OF INPUT ERRORS

To place an order, start by placing the desired products in the shopping bag. There you may modify at any time the desired quantity or delete products completely. If you have placed products in the shopping bag, by clicking on the “Continue to checkout” button you will go to a web page where you may enter your data and then choose the shipping and payment method. You can review the products you have selected and the information that you have provided on the overview page that will open up. To correct input errors (for example, with respect to the payment method, your data or the quantity of products), click the pencil icon next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button "Buy Now", you submit a binding offer to purchase and pay for the relevant products. You will then need to complete your payment details. If you do not complete your payment details your order will not be accepted.

5 OUR PRODUCTS

5.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

5.2 The packaging of the product may vary from that shown on images on our website.

6 YOUR RIGHTS TO MAKE CHANGES

6.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change, and we will ask you to confirm whether you wish to go ahead with the change.

7 DELIVERY

7.1 Delivery costs. The relevant delivery costs are specified when you place an order.

7.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

7.3 If you are not at home when the product is delivered. Someone will need to be present at the delivery address to accept the order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.4 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and refund any money which you have paid. 

7.5 Your rights if we deliver late. If we miss the delivery deadline for any products and if any of the following apply then, unless we agree otherwise with you, you may cancel (zurücktreten) the contract without setting us a deadline for performance by notifying us in writing:

7.5.1 we have refused to deliver the products;

7.5.2 delivery within the delivery deadline was essential for you (taking into account all the circumstances relevant to the conclusion of the contract); or

7.5.3 you informed us before we accepted your order that delivery within the delivery deadline was essential for you.

7.6 In other cases of late delivery, you may:

7.6.1 notify us of the suspension of payment of all or part of the price until we deliver the product; and 

7.6.2 cancel the contract (zurücktreten vom Vertrag) if, after having given us notice to deliver the product within a reasonable period of time, we have not delivered the product within that time.

7.7 The cancellation (Rücktritt) of the contract becomes effective on our receipt (Zugang) of your notice informing us of your cancellation unless we have delivered the product before receipt of your notice.

7.8 Delivery of the product will be deemed to have taken place from the time we deliver the product to the address you gave us.

8 PRICE AND PAYMENT

8.1 Where to find the price for the product. The price of the product (which includes any applicable value-added tax or similar tax) will be the price indicated on the order pages when you placed your order and confirmed when we accept your order. We take all reasonable care to ensure that the price of product advised to you is correct. However, please see clause 8.2 for what happens if we discover an error in the price of the product you ordered. Shipping fees are communicated to you in the order summary before the order is confirmed and are inclusive of all tax. Shipping fees are borne by you and are charged in addition to the price of the relevant product.

We may change the product price offered on our site at any time, but, subject to clause 8.2, we will apply the price indicated on the website at the time you make an order.

8.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced (for example, due to a manual or technical error or an IT problem). If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

8.3 When you must pay and how you must pay. We accept payment with PayPal, Mastercard, Visa or Kathmandu gift cards for online purchases. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

8.4 We take website and credit card security extremely seriously and always endeavour to provide a secure and safe platform on which to conduct online transactions. Our website is secured by Cloudflare. Our primary payment gateway is operated by Cybersource, a VISA company. No credit card data is ever stored by Kathmandu.

8.5 Card transactions may be subject to fraud management checks to help protect our customers and reduce our exposure to fraud. Orders which meet pre-defined criteria will be held for approval before the funds are withdrawn from your account and the order subsequently released. A pre-authorisation amount may be put in place by the card issuing bank until the order is confirmed and the payment is settled. We will aim to contact you as soon as possible if your order is held for review, so that we can verify your payment details and clarify any discrepancies. Orders will be accepted once we are satisfied the transaction can be confirmed as legitimate. We reserve the right to reject any order where the customer is unable to verify their payment method or respond to any reasonable concerns. This adds an additional layer of protection and reassurance for our customers but may result in a delay in order completion if we are unable to contact you.

9 RIGHT OF WITHDRAWAL

9.1 Exercising your right of withdrawal. As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason and then receive a refund. These rights are explained in more detail in these terms. A consumer means every natural person who enters a legal transaction for purposes that are predominantly outside their trade, business or profession.

9.2 In addition to the statutory right of withdrawal, we offer consumers a 30-day goodwill change of mind returns policy; for further information please refer to our Returns Policy.

9.3 How long do I have to change my mind? The withdrawal period will expire 14 days from the day on which you acquire, or a third party indicated by you (other than the carrier) acquires, physical possession of the products. However, if your products are split into several deliveries over different days, you have until 14 days from the day following the day on which you acquire, or a third party indicated by you (other than the carrier) acquires, physical possession of the last item to notify us that you wish to exercise your right of withdrawal. 

9.4 Notifying us that you want to withdraw the contract. To end the contract with us, Rip Curl Europe SAS, 407 Avenue de la Tuilerie, 40150 Soorts-Hossegor, you must inform us of your decision to withdraw from this contract by an unequivocal statement.

9.4.1 You can inform us by phone (+33 (0)9 69 39 40 69) or email (support@kathmanduoutdoor.de) or mail (Service Retour KMD, 407 Avenue de la Tuilerie 40150 Soorts-Hossegor, France) that you want to withdraw the contract. When doing so, please provide your name, home address, details of the order and, where available, your phone number and email address.

9.4.2 To inform us that you want to withdraw the contract, you can also send us the following withdrawal form by mail which you do not have to use:

— To:

Service Retour KMD

407 Avenue de la Tuilerie

40150 Soorts-Hossegor

France

Email: support@kathmanduoutdoor.de:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), 

— Ordered on (*)/received on (*), 

— Name of consumer(s), 

— Address of consumer(s), 

— Signature of consumer(s) (only if this form is notified on paper), 

— Date

(*) Delete as appropriate.

9.5. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

10 IF THERE IS A PROBLEM WITH THE PRODUCT

10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact us by telephoning our customer service team on +33 (0)9 69 39 40 69 or by writing to us at support@kathmanduoutdoor.de.

10.2 Summary of your legal rights. A summary of your key legal rights in relation to the product is set out below. Nothing in these terms will affect your legal rights.

Right of withdrawal:

As a consumer, you have 14 days to change your mind about your order, please find more details under provisions 9 and 11.

Warranty

If the products delivered to you are defective, we are liable under the applicable statutory provisions.

Consumer’s mediation process

The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/. Our e-mail address is: support@kathmanduoutdoor.de.

We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

11 RETURNS AND REFUNDS UNDER THE STATUTORY RIGHT OF WITHDRAWAL AND THE RIGHT TO CANCEL THE CONTRACT UNDER THESE TERMS

11.1 Returning products after ending the contract. If you end the contract using your statutory right of withdrawal after products have been dispatched to you or you have received them, you must return them to us via post. You should obtain proof of postage and we recommend sending your parcel via registered post in order to track your return. If you are exercising your right of withdrawal, you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline will be met if you send back the goods before the period of 14 days has expired.

Please return the products to:

Service Retour KMD

407 Avenue de la Tuilerie

40150 Soorts-Hossegor

France

11.2 When we will pay the costs of return. We will pay the costs of return:

11.2.1 if the products are deficient, misdescribed or incorrectly despatched; or

11.2.2 if you are ending the contract in the circumstances described in clause 12.2.

In all other cases (even when you are exercising your right of withdrawal) you must pay the costs of return.

11.3 How we will refund you. If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. 

11.3.1 Upon receipt of the returned product(s), we will inspect the product(s) to determine whether the return is valid. Returns will be processed as soon as possible after we receive the product(s). If the return is valid, an email will be sent to you to inform you of the status of processing of your return.

You are liable for any diminished value of the goods resulting from handling of the goods other than any handling that is necessary to establish the nature, characteristics and functioning of the goods. 

11.3.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive type of standard delivery offered by us.

11.4 When your refund will be made.

11.4.1 If you are exercising your right to withdraw from this contract, then your refund will be made without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We may withhold your refund until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

11.4.2 If you are exercising your right to cancel the contract (vom Vertrag zurückzutreten) before the products are delivered to you, you will receive a refund within 14 days of the date the contract was cancelled.

11.4.3 If you are exercising your right to cancel the contract (vom Vertrag zurückzutreten) after the products are delivered to you and you returned the product(s) in their original condition and packaging and they are ready for sale (unwashed, unworn), you will receive a refund within 14 days from the day on which we received the product(s). If you do not return the product(s) in their original condition and packaging and they are not ready for sale (unwashed, unworn), the product(s) shall be sent back to you and you will not receive a refund.

11.5 For online purchases made as a ‘Guest’ customer, we are only able to arrange an exchange by creating an ‘Online Account’. Unless we are instructed otherwise, we will create an ‘Online Account’ for all ‘Guest’ customer exchanges. Alternatively, we can arrange a refund via the original payment method, so that another ‘Guest’ purchase can be placed.

12 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are liable for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit). Further, we are liable for the negligent breach of obligations (fahrlässige Verletzung von Pflichten), whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents (Erfüllungsgehilfen). 

The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

12.2 To the extent permitted by the applicable law, we are not responsible for any delay or failure to perform our obligations under these terms if such delay or failure is caused by force majeure or operational disruptions occurring to us or our suppliers (for example, riots, strikes and lockouts), which were not foreseeable at the time the contract was concluded and for which we are not responsible. We will inform you of any such events as soon as possible after they occur and we will use reasonable endeavours to reduce their impact on our performance. Should the delay or failure last longer than four weeks, you may cancel the contract (kannst du vom Vertrag zurücktreten) by notifying us in writing and request repayment of any payments you have made.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 The above limitations of liability shall not apply to any mandatory liability. Nothing in these terms shall affect your statutory rights as a consumer, such as your right of withdrawal, and nothing in these terms shall limit or exclude any liability which cannot be excluded or limited pursuant to the applicable law.

13 HOW WE MAY USE YOUR PERSONAL INFORMATION 

For detailed information about how we process your personal data, third parties we share the personal data with and your rights in relation to your personal data, please refer to our Privacy Statement.

14 OTHER IMPORTANT TERMS

14.1 Third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.2 Severance. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.3 No waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.4 Governing law. These terms are governed in all respects by the laws of the country of delivery specified by you in your order.