Terms and Conditions of Sale
The following General Terms and Conditions of Sale govern the offer and sale (together with the documents referred to below, including the Privacy Policy and General Terms and Conditions of Use) of products on our website (“www.philpetter.com”).
Please read these terms and conditions carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. The products purchased on www.philpetter.com are directly sold by PHIL PETTER KNITWEAR(hereinafter referred to as “the Vendor” or “We” or “Us”). with registered office in Austria, Phil Petter Knitwear GmbH & Co KG located at Sala 17, A-6850 Dornbirn, business register, FN 14840 z am Landesgericht Feldkirch .
If you need any assistance, go to our website, where you will find information on orders, shipping, complaint handling, refunds and returning products purchased on www.philpetter.com, as well as other general information on the services provided by www.philpetter.com.
For any other legal information, go to the sections: General Terms and Conditions of Use, Privacy Policy and Return Policy.
1. OUR BUSINESS POLICY
1.1
The Vendor offers products for sale on www.philpetter.com and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”.
1.2
“Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on www.philpetter.com.
1.3
The Vendor reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with the Vendor’s business policy.
1.4
These General Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on www.philpetter.com between the users of www.philpetter.com and the Vendor.
1.5
The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on www.philpetter.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.philpetter.com and third parties.
2. HOW TO EXECUTE A CONTRACT WITH THE VENDOR
2.1
To place an order for the purchase of one or more products on www.philpetter.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
2.2
The order form contains a summary of these General Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.
2.3
An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
2.4
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.5
The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by clicking on the section called Follow your Order, in the Customer Care area.
2.6
Before submitting the order form, you will be asked to identify and correct possible input errors.
2.7
English is the language used for executing contracts with the Vendor.
2.8
After your order form has been submitted, the Vendor will process your order.
2.9
The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on www.philpetter.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.
2.10
By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.philpetter.com.
2.11
By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on www.philpetter.com, even through links, including the General Terms and Conditions of Use and Privacy Policy.
2.12
Upon submission of an order form, the Vendor shall send you a purchase order receipt email, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
3. GUARANTEES AND PRODUCT PRICE INDICATION
3.1
On www.philpetter.com, we only offer products marked with the “Phil Petter” trademark. These products are directly from the manufacturer.
3.2
The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3
The main characteristics of products are shown on www.philpetter.com on each product page. The products offered for sale on www.philpetter.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
3.4
Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
3.5
Orders made from a Country site different from the one you are shipping to, or to addresses to which the Vendor cannot ship, will be automatically cancelled.
3.6
All Products sold by www.philpetter.com come with an identification tag. When trying on the products you should not remove or alter the tag from the purchased products should you wish to return the purchased product.
3.7
As a Consumer (as defined at section 1.2 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us.
3.8
All products sold by the Vendor are covered by a guarantee for lack of conformity, as provided by the applicable law. You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact our Customer Care.
In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.
4. PAYMENTS
4.1
Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2
In case of payment by Credit/Debit Card and Pay Pal, all details (for example, card number or expiration date) will be sent by encrypted protocol, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
5. SHIPPING AND DELIVERY OF THE PRODUCTS
For specific product shipping and delivery procedures see the Customer Care area. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
6. CUSTOMER CARE
Please contact our Customer Care for further information.
7. CONSUMER RIGHTS AND THE COOLING-OFF PERIOD
7.1
If you are a Consumer, you may cancel your contract with the Vendor in relation to products purchased from www.philpetter.com, without any penalty and without specifying the reason, by notifying the Vendor in writing within fourteen (14) calendar days, beginning on the day you receive the products. In this case you will receive a full refund of the price of the products, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) in accordance with this Clause 8 and Clause 10 below.
7.2
You should return the products to the Vendor within fourteen (14) calendar days from the date you notify the Vendor of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3
To return the products:
you should notify us in writing within fourteen (14) calendar days, beginning on the day you receive the products (or for purchases of multiple products, the day on which you received the last product) by completing and submitting the online Return Form* or by Contacting Us. You should keep a record of your cancellation notice;
the products should not have been used, worn, washed or damaged;
the identification tag should still be attached to the products with the disposable seal;
the products should be returned in their original packaging;
products should be returned to the Vendor within fourteen (14) calendar days of the date you notify us of your decision to cancel;
the products should not be damaged.
7.4
If you cancel the contract within the fourteen (14) calendar day cooling-off period pursuant to this Clause 7, we will process the refund due to you as soon as possible and, in any event within:
where we collect the products from you through our approved courier, fourteen (14) calendar days of the day on which you gave notice of your cancellation; or
where you return the products yourself, fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time.
The Vendor will refund the price of the product in full, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses). You will be responsible for the cost of returning the products to us, provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
7.5
You can return the products to the Vendor either by:
the approved courier (as indicated on the online Return Form) via the pre-paid, personalised return label enclosed in you original order, and the Vendor shall deduct from your refund the cost of return postage; or
by packaging the relevant products securely and sending, at your own risk and cost, them to the Vendor using your return number (as provided via the online Return Form). For your protection,
we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at clause 7.5(a).
7.6
The cancellation right set out in this section 7 does not apply to:
sealed products unsealed by you following delivery, where return of such products is unsuitable due to health protection or hygiene reasons;
products comprising sealed audio or video recordings or computer software, if the product becomes unsealed after delivery;
products which are made to your specifications or clearly personalized; or
products which have become inseparably mixed with other items after delivery.
8. ITEMS RETURNED BECAUSE THEY ARE DAMAGED, DEFECTIVE OR INCORRECT
8.1
If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a pre-paid return label using the Vendor’s approved courier (as indicated on the Return Form), or by refunding your return postage costs). This right is additional to your statutory right to cancel as set out in section 8.
8.2
You must notify the Vendor of an error in respect of the products delivered or of a damaged or defective product within fourteen (14) days of receipt, if a product becomes faulty after the fourteen (14) days please contact Customer Care to obtain further returns information. You must return the products in the same condition in which you received them. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3
To return the products:
you should notify us in writing as soon as practicable and in any event within fourteen (14) calendar days, by completing and submitting the online Return Form. You should keep a record of your cancellation notice;
the products should not have been used, worn, washed;
the identification tag should still be attached to the products with the disposable seal;
the products should be returned, complete and unused, with their original packaging (the packaging should include its original seal; if you want to return a kit, it should include all of its components);
the products should be returned to the Vendor within fourteen (14) calendar days following notification to the Vendor of the damaged or defective product or of the Vendor’s error;
the products should not have been used, worn, washed or damaged;
8.4
The Vendor will examine all products returned as damaged or defective and will notify you of your refund via email within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within fourteen (14) days of the day we confirm to you via email that you are entitled to a refund for the damaged or defective product. Subject to acceptance by the Vendor of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to the Vendor. In the event that the Vendor finds no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. If you do not accept re-delivery the Vendor reserves the right to retain the products and the purchase price and recover the Vendor’s fees and expenses from you.
8.5
If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.
8.6
The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses.
8.7
We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.
8.8
The Vendor will refund the price of the products in accordance with the applicable time frame as specified in clause 7 or 8 above. To the extent permitted by applicable law, the Vendor shall not be responsible for any delay that is beyond its control including for delays caused by the method of purchase or refund, including by way of example:
delay caused by Credit Card/Debit Card companies refund policies;
payment by PayPal (where available): refunds will be credited to your PayPal account and will be visible immediately. Reimbursement time to the credit card associated with your PayPal account depends on the company that issued the card;
9. PRIVACY
9.1
You will find information on how we process your personal data by clicking on Privacy Policy.
9.2
We also ask that you read, if you haven’t already done so, our General Terms and Conditions of Use because they contain important information on how we process the personal data of our users and on the security systems we have adopted.
9.3
For further information on our Privacy Policy you can contact our Customer Care selecting “Privacy” from the drop-down menu, or you can send your requests to the Vendor
PHIL PETTER KNITWEAR & Co KG
Sala 17
A-6850 Dornbirn
10. GOVERNING LAW
These General Terms and Conditions of Sale are governed by Austrian.
Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr.
11. AMENDMENTS AND UPDATES
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on www.philpetter.com.
* Download and complete the paper Return Form to exercise your right to return.
