Wolverine Europe Retail Limited – Terms of Sale
June 2011
Introduction
These Terms and Conditions of Sale (“Terms of Sale”) are the terms and conditions on which Wolverine Europe Retail Limited, registered in the United Kingdom under company number 6565355, at King’s Place, 90 York Way, London N1 9AG (“Wolverine” or “we/us/our”) provides products to you via www.Chacos.com/UK/ (the “Site”). Our VAT number is GB932065050.
We appreciate your interest in our products and services and your visit to the Site.
Agreement
 
Purchasing Products
In addition to the Terms of Use your purchase of products which we supply to you through the Site (“Products”) is subject to these Terms of Sale. Please read the Terms of Sale carefully before ordering any products through the Site, as by ordering any of our Products you agree to be bound by the Terms of Sale. You will be asked to click on the button “Confirm” at the Checkout section of the Site to confirm your order with us (“Order”), and to confirm that you accept these Terms of Sale. If you do not accept these Terms of Sale and do not click on this button, you will not be able to order any Products from this Site.
 
We recommend that you should print a copy of these Terms of Sale for future reference.
 
Terms of Sale
 
NOTHING IN THESE TERMS OF SALE AFFECTS YOUR STATUTORY RIGHTS.
 
1.         Supply of Products through this Site
 
1.1       The Site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside this country.
 
1.2       This Site is established to sell Products to end-use customers only. We reserve the right to refuse access to this Site and to cancel any Order for any reason, including Orders which we consider to be fraudulent and Orders from customers who we reasonably believe intend to re-sell and/or commercially export the Product(s).
 
1.3       By placing an Order through this Site you confirm that:
 
1.3.1    You are legally capable of entering into binding contracts;
 
1.3.2    You are at least 18 years old;
 
1.3.3    You are resident in the United Kingdom; and
 
1.3.4    You are accessing the Site from the United Kingdom.
 
1.4       The prices for Products are in £s sterling inclusive of VAT but exclusive of applicable delivery charges, which are set forth in our delivery information FAQ. If a delivery charge applies to your Order you will be notified both during the transactional element of the ordering process and again in the acknowledgement of Order email we send to you. Prices and delivery charges displayed are valid and effective only in the United Kingdom. Prices, offers and Products are subject to availability and may change at any time prior to our dispatching your Order and taking payment from you.
 
1.5       The placing of a Product on this Site is an invitation to accept offers for Products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your Order.
 
1.6       Whilst we try to ensure that all prices on the Site are accurate, errors may sometimes occur. In the event that a Product you have ordered is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail before despatching your Order, asking you to confirm you still wish to proceed with your Order at the new, correct price. Once we have received your confirmation we will then despatch your Order. If you do not confirm that you wish to proceed with the Order within 7 days of the date of our price correction email, we will consider this as a withdrawal of your Order and we will delete your payment details from our system.
1.7       Whilst we take all reasonable care to ensure the accuracy and completeness of the information on this Site and that all details, images and descriptions of Products are correct at the time that the information is first put onto this Site, the Site is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Site. Unfortunately we cannot guarantee the accuracy of images portrayed on this Site and colours of actual Products may differ from those in images and this is a product of our photographic process. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
2.         Order Acceptance
 
2.1       Orders are submitted via the Site in the following way:
 
2.1.1    You must add the Product you wish to purchase to your shopping cart and then proceed to the Checkout.
 
2.1.2    If this is your first purchase on the Site you may then create an account with us and log in; if you already have an account with us you may enter your log in details to access your account. You may also proceed as a guest, without logging in.
 
2.1.3    You will then be asked to input your shipping and payment details.
2.1.4    Once you have completed compiling your Order you will be asked to confirm that it is correct, and that you agree to these Terms of Sale. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order. It is your responsibility to ensure that your Order is correct before submitting it to us.
2.1.5    After you have submitted your Order to us, we will process the payment details you have given us to take payment for your Order, and you will then receive an email from us acknowledging your Order. We will then check to make sure we are able to fulfil your Order. All items are sold subject to availability.
2.1.6    You should check this acknowledgement of Order email for accuracy and let us know immediately if there are any errors. This email does not constitute acceptance of your submitted Order. Your Order will be accepted by us when we dispatch the products to you. Title will pass on delivery of the Product to you provided that we have processed and received payment in full for the Product.
2.1.7    For the avoidance of doubt, any Products in an Order which we have not confirmed we are able to provide you with in the acknowledgement of Order email do not form part of our contract with you.
 
2.2       If there are any problems with your Order, you will be contacted by a representative from Wolverine.
 
3.         Prices and Payment
 
3.1       Payment for all Products must be by credit or debit card. We accept payment with MasterCard, VISA/Delta, Switch/UK Maestro, and Solo and we shall not acknowledge your Order until we receive authorisation or validation of and confirmation of payment.
3.2       For payment cards, all credit and debit cardholders and bank/building society account holders respectively are subject to validation checks and authorisation. If the issuer of your payment card or our third party cheque validation service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Products which you have ordered as a result.
3.3       By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details, cheque details or credit reports, to authenticate your identity and delivery address for the Products, validate your payment card and obtain authorisations for your payments for Products.
4.         Availability and Delivery
 
4.1       Delivery is restricted to the United Kingdom. We aim to deliver Products to UK addresses by the date set out in the acknowledgement of Order email we send to you or, if no date is specified, within ten working days (subject to a maximum of 30 working days) of the date of the acknowledgement of Order email we send to you. If we cannot deliver within this time we will inform you in advance and provide you with an alternative time frame for delivery (“Revised Date”). If you reject the Revised Date your Order will be cancelled and we will make a refund to you. In no event shall we be liable for any damages or penalty for any delay in delivery.
4.2       All deliveries will be sent by recorded mail or courier. On receipt of the Products a signature may be required, so please ensure you choose the correct delivery address. You should keep your delivery note and all packaging and should notify our customer services team immediately if any of the Products are missing or damaged (for Products which are damaged on delivery please see clause 6.4 below).
5.         Your right to cancel
 
5.1       You may cancel your Order or purchase of Products at any stage before, and up to seven (7) working days after, the Products are delivered to you. To cancel, please notify us by telephone or in writing (preferably e-mail), or if the Products have already been delivered to you, by returning them to us in accordance with our Returns Policy. If you are cancelling because of any problem with the Products following delivery, please notify us of the problem at the time of cancellation and please refer to clause 6.4 below.
5.2       If you cancel your purchase of Products on a “no-fault” basis under your right set out in clause 5.1 above, then you must return the Products to us in accordance with our Returns Policy and you are responsible for the cost of their return to us. The Products should be returned to us unworn and in a condition which demonstrates that you have retained possession of them throughout this period and have taken reasonable care of them during this time. Where you use our returns services to return the Products to us, we are entitled to deduct from the refund a return fee of £3.50.
 
6.         Returns Policy
 
6.1       Please try on any shoes you have received from us indoors with socks. On cancellation or return for whatever reason you must follow our returns procedures (set out below) and return to us the Products we have delivered to you in accordance with these procedures.
6.2    Where you wish to return Products to us, we ask that you follow the instructions included with your parcel, or those found at [return your parcel]. If you are experiencing difficulty in returning your item or printing a return label, please contact us by ogukcustomerservices@wwwinc.com or 0 (+44) 20 7860 0389
 to request one.  Please follow all instructions, as they enable us to refund your payment and deal with your cancelled purchase or returned Products quickly.
6.3       Where you wish to cancel your purchase on a “no-fault” basis as provided in clause 5.1 above, unless you have made your own arrangements for the return of the Products at your cost, we will make a charge of £3.50 for your use of our returns service (please see clause 5.2 above for further details).
6.4       If the Products are defective, incorrect or damaged on delivery we will meet the cost of return (but we ask that you allow us to nominate the carrier), and at your option repair, replace (where the same or equivalent products are available) or refund you for the price paid including the delivery charges of any such Products, provided that the Products are complete and in “as delivered” condition as supplied in the original box.
6.5       It is your responsibility to arrange collection of any unauthorised returns from our premises, for example Products which have been returned because they were defective but which are subsequently found not to be defective; accordingly we reserve the right to return these Products to you at your cost.
6.6       You have a legal obligation to take reasonable care of the Products which you return while 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.         Refunds
 
7.1              On cancellation as provided in clause 5.1 or return of defective, incorrect, or damaged Products as provided in clause 6.4 of our Returns Policy, we will make a refund to you of the full value of the payment made to us, including delivery charges. On return of Products in accordance with our Returns Policy for any other reason, we will make a refund to you of the full value of the payment made to us, but may deduct any delivery charges.
7.2              Where you paid for Products by payment card, refunds will be made by re-crediting your payment card account from which the money was originally debited.
7.3       All refunds will be made within 30 working days either:
7.3.1    (where Products have not yet been shipped to you) of our confirmation in writing to you that your order has been cancelled; or
7.3.2    (where Products have been shipped to you) of receipt of the returned Products by us.
8.         Liability for Products delivered
 
8.1       We warrant to you that any Product purchased from us through this Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2       Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.
8.3       Subject to clause 8.5 below, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
 
            8.3.1    loss of income or revenue;
 
8.3.2    loss of business;
 
8.3.3    loss of profits or contracts; or
 
8.3.4    loss of anticipated savings
 
provided that this clause 8.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of clauses 8.3.1 to 8.3.4 inclusive of this clause 8.3.
 
8.4       Subject to clause 8.5 below, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
 
8.5       We do not exclude or limit in any way our liability:
8.5.1    for death or personal injury caused by our negligence;
8.5.2    under section 2(3) of the Consumer Protection Act 1987;
8.5.3    for fraud or fraudulent misrepresentation; or
8.5.4    for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.         Notices
 
All notices given by you to us must be given to Wolverine at either ogukcustomerservices@wwwinc.com, 0 (+44) 20 7860 0389, or King’s Place, 90 York Way, London, N1 9AG.We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on this Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10.       Entire Agreement
 
These Terms of Sale set out the whole agreement between us relating to your use of the Site. No statement by any individual employed by us should be understood as a variation of these Terms of Sale or as a representation about the nature, quality or availability of the Site or any products made available on the Site.
 
11.       Severance
 
If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Sale which shall remain unaffected.
 
12.       Waiver
 
No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
 
13.       Rights of Third Parties
 
A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.
 
14.       Variation
 
You will be subject to the policies and Terms of Sale in force at the time that you order Products from us, unless any change to those policies or these Terms of Sale is required to be made by law or governmental authority (in which case it will apply to Orders previously placed by you), or if we notify you of the change to those policies or these Terms of Sale before we take payment from you and despatch your Order to you (in which case we have the right to assume that you have accepted the change to the Terms of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
15.       Jurisdiction
 
            These Terms of Sale are governed by the laws of England and Wales and only the courts of England and Wales will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.
 
16.       Use of your personal information.
 
            Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this Site.