Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
These terms tell you the rules for using our website www.ariat.com ("our site").
[Click on the links below to go straight to more information on each area:]
BY USING OUR SITE YOU ACCEPT THESE TERMS
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
TERMS AND CONDITIONS OF SALE
1.1 What these terms cover. These are the terms and conditions that apply to your order placed through our webshop. Subject to clause 3.1, such order constitutes a contract between you and us.
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 you and we 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 or require any changes, please contact us to discuss.
Information about us and how to contact us
2.1 Who we are. We are Ariat EU B.V. (”we”). We are registered in The Netherlands under company number 86893661 0000 and have our registered office at Muiderstraat 1, 1011 PZ, Amsterdam. Our VAT number is NL864137266B01.
2.2 How to contact us. You can contact us by telephoning our customer service team at +441367 242 818. +441367 242 818 or by writing to us at firstname.lastname@example.org. Our customer support service is open from Monday to Friday from 8am to 5pm (GMT).
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 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.
Our contract with you
3.1 If we cannot accept your order. If we are unable to accept your order, we will inform you by of this by email and in such case, no contract will deemed to have been entered into. We may not accept your order for reasons such as:
- the product is out of stock or otherwise unavailable,
- unexpected limits on our resources which we could not reasonably plan for,
- we cannot authorise your payment,
- we are not allowed to sell the goods to you, or you are not allowed to buy the goods from us,
- you have ordered a number of products in excess of what is in inventory,
- there has been a mistake in the pricing or description of the product,
- or we are unable to meet a delivery deadline you have specified.
4.1 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.
4.2 Product Selection may vary. Not all of the products we sell are available for sale through the site. Additional products are available in Ariat retail shops and third party retailers all around the world.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Our rights to make minor changes to the products
5.1 We may change the product:
- to reflect changes in relevant laws and regulatory requirements (for example, minor changes to the materials used to conform with a rule change) and
- to implement minor technical adjustments and improvements (for example, a change in the lace of a shoe to one of better durability).
Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. During the order process we will let you know when we will dispatch the products to you. We will send you a confirmation order with an estimated delivery date and will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation. If no date is set out in the order confirmation, we will deliver your products to you as soon as reasonably practicable.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you provided.
6.5 When you own goods. You own a product once we have received payment in full.
6.6 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as notified by us to you (see clause 5).
6.7 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than thirty days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to use the pre-paid label provided to return the goods;
- In all other cases (if we are not at fault and you are not exercising your right to change your mind), see clause 7.5
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
- you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind . For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Dutch Civil Code, are explained in more detail in these terms.
7.4 How long do you have to change your mind? We go beyond your legal right to change your mind within 14 days, and actually give you 30 days after the day you (or someone you nominate) receive the goods to change your mind, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery.
7.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. If this applies to you, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Please email us at email@example.com. In your email, provide your name, home address, details of the order and, where available, your phone number and email address.
- By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Use the prepaid return label included with your order on the back of the return pouch and include this in the box along with the unworn items you are returning. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are exercising your right to change your mind within the 14 days cooling off period. In all other circumstances you must pay the costs of return.
8.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 When we may make deduction from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 5-7 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with any required information; or
- you do not, within a reasonable time, allow us to deliver the products to you.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Your rights in respect of defective products
10.1 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
10.2 Ariat warranty. We guarantee all of our products to be free of defects in materials and workmanship. We firmly stand behind everything we produce. This, however, is not a guarantee against normal wear and tear. Nor does it apply to product that has been damaged by misuse, accident, modification or unauthorized repair. If you become aware of any defects that would fall under this Ariat warranty, you must notify us within two months of becoming aware of such defect.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights in respect of defective products or your rights under the Ariat warranty to reject products please call customer services at +441367 242 818. or email us at firstname.lastname@example.org to discuss if and how the products should be returned to us.
Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 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. If you place 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 goods provided to you.
11.4 When you must pay and how you must pay. We accept payment made by any of the permitted methods specified on this website from time to time. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we are ready to dispatch the products to you.
Our responsibility for loss or damage suffered by you
12.1 We are responsible to you damage in case such damage results from our failure to comply with these terms and such failure is attributable to us, for example if we fail to use reasonable care and skill.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; in case of fraud or fraudulent misrepresentation; and for any losses caused by willful intent (opzet), gross negligence (grove schuld) or deliberate recklessness (bewuste roekeloosheid).
13.1 We reserve the right to amend these general terms and conditions. Changes in these general terms and conditions will be communicated at least one month before the effective date by means of an announcement on the website and an email to you. If you qualify as a consumer within the meaning of the Dutch Civil Code, you will have the right to terminate the contract as of the date on which the amended terms and conditions come into effect.
How we may use your personal information
Other important terms
15.1 If a court finds part of this contract illegal, the rest will continue in force. 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.
15.2 Even if we delay in enforcing this contract, we can still enforce it later. 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.
15.3 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Dutch law and you can bring legal proceedings in respect of the products in the Dutch courts.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
- Our Acceptable Use Policy detailed below, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on March 30, 2018.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Our site is directed to people residing in the United Kingdom/European Union/EEA. We do not represent that content available on or through our site is appropriate for use or available in other locations.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
ACCEPTABLE USE POLICY
USER-GENERATED CONTENT IS NOT APPROVED BY US
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale below.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you agree that your use and the content you upload shall not:
- breach any applicable local, national or international law or regulation;
- be unlawful or fraudulent, or have any unlawful or fraudulent purpose;
- be for the purpose of harming or attempting to harm minors in any way;
- transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation;
- knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
- attempt to gain access to other computer systems;
- interfere with anyone else’s enjoyment of our site;
- interfere with or disrupt networks or websites connected to our site.
You warrant that any such contribution does comply with those standards and does not infringe a third party's rights, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary and any rights in such content will be dealt with in accordance with our "Rights you are giving us to use material you upload" section below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy contained herein.
You are solely responsible for securing and backing up your content.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our site, you grant us the following rights to use that content:
- To Ariat Europe Ltd. and its affiliates and agents, a perpetual, irrevocable, fully transferable, fully paid, non-exclusive, royalty-free licence, to use, reproduce, modify, create derivative works from, display, store, adapt, publish, translate, display and distribute your content, along with your name and likeness, throughout the world in any existing or future media, without obtaining additional consent, without the need to provide any attribution, without restriction, without the need to notify you, and without any duty or obligation to compensate you in any way. You also hereby waive any moral rights you may have in any such material and/or content.
- To third parties, a limited license to use the content for their purposes or in accordance with the functionality of the sites.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
OUR INTELLECTUAL PROPERTY RIGHTS
ARIAT and the Shield Logo are registered trade marks of Ariat International, Inc. You are not permitted to use them without our prior written approval.
In addition to our above mentioned trademarks, all other content on this site (including, without limitation, text, designs, graphics, logos, icons, images, films, audio clips, downloads, interfaces, code and software) is owned by or licensed to Ariat Europe Limited, our affiliates (including without limitation Ariat International, Inc.), and our respective licensors or content providers, and is protected by copyright, trade mark and other applicable laws. Your use of the site does not entitle you to any intellectual property rights or any other rights to our content, other than the limited rights of use granted to you pursuant to these terms. You may not use the website or our content on the site for any commercial purpose whatsoever.