Terms of Service
Article 1 – Definitions
In these terms, the following terms have the meanings set out below.
Reflection period: the period within which the consumer can exercise the right of withdrawal.
Consumer: a natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader.
Day: calendar day.
Continuous performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: any means that enables the consumer or trader to store information addressed to them in a way that allows future reference and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded exclusively through one or more means of distance communication, within the framework of a system organized by the trader for the distance sale of products and/or services.
Means of distance communication: means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.
These Terms: these Terms of Service as set out by the trader.
Article 2 – Trader Information
Trade name: Caldwell Menswear
Company name: ECOM SHOPSPHERE LLC
Customer support mail: support@caldwell-menswear.com
Company number: Delaware File No. 010416275
Country of registration: United States, State of Delaware
Registered office: 3524 Silverside Road, Suite 35B, Wilmington, DE 19810, United States
Article 3 – Scope
These Terms apply to every offer made by the trader and to every distance contract and order concluded between the trader and a consumer.
Before a distance contract is concluded, the text of these Terms will be made available to the consumer. Where this is not reasonably possible, the trader will indicate, before the contract is concluded, that these Terms can be viewed at the trader's place of business, and that they will be sent free of charge upon request.
Where the distance contract is concluded electronically, notwithstanding the preceding paragraph, and before the contract is concluded, the text of these Terms may be made available electronically in a way that allows the consumer to easily store it on a durable medium. Where this is not reasonably possible, before the contract is concluded, it will be indicated where these Terms can be viewed electronically, and that they will be sent free of charge, electronically or otherwise, upon request.
Where, in addition to these Terms, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always invoke the applicable provision that is most favourable to them.
If any provision of these Terms is void or voidable at any time, in whole or in part, the contract and these Terms remain otherwise in force, and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the original intent as closely as possible.
Situations not provided for in these Terms should be assessed in the spirit of these Terms.
Any ambiguity regarding the interpretation or content of one or more provisions of these Terms should be interpreted in the spirit of these Terms.
Article 4 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow a proper assessment of the offer by the consumer. If the trader uses images, these accurately represent the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or contract termination.
Product images are a true representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, including:
The price, which may be subject to applicable U.S. state and local sales tax, calculated and added at checkout based on the delivery address. For orders shipped outside the United States, the recipient is responsible for any customs duties, import taxes, or other charges imposed by the destination country; these are not included in the purchase price and are the customer's own responsibility.
Any shipping costs that may apply.
The manner in which the contract will be concluded and the actions required to do so.
Whether the right of withdrawal applies.
The method of payment, delivery, and performance of the contract.
The period for accepting the offer, or the period during which the trader guarantees the price.
The rate for distance communication, if the costs differ from the standard base rate.
Whether the contract is archived after conclusion, and if so, how the consumer can access it.
The way in which the consumer, before concluding the contract, can check and, if desired, correct the information they provided.
Any languages, other than Japanese, in which the contract can be concluded.
The codes of conduct to which the trader is subject, and how the consumer can view these codes of conduct electronically.
The minimum duration of the distance contract in the case of a continuous performance contract.
Optional information: available sizes, colours, and types of material.
Article 5 – The Contract
Subject to the provisions of Article 4, the contract is formed at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until this acceptance has been confirmed, the consumer may dissolve the contract.
If a contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
The trader may, within the bounds of the law, investigate whether the consumer can meet their payment obligations, as well as other facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to its performance, stating reasons.
The trader will provide the following information to the consumer with the product or service, in writing or in a way that can be stored on a durable medium: the address of the trader's place of business where the consumer can lodge complaints; the conditions under which, and the manner in which, the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion from the right of withdrawal; information about existing after-sales service and guarantees; the information set out in Article 4(3) of these Terms, unless the trader has already provided this information to the consumer prior to performance of the contract; the requirements for terminating the contract if it has a duration of more than one year or is indefinite.
In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.
Every contract is entered into subject to adequate availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days. This reflection period begins on the day after the product is received by the consumer, or by a representative designated in advance by the consumer and notified to the trader.
During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader, with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must notify this in writing or by email. After notifying their intent to withdraw, the consumer must return the product within 30 days. The consumer must demonstrate, for example through proof of shipment, that the returned goods were actually sent back within the stated timeframe.
If the consumer has not indicated their wish to exercise the right of withdrawal within the periods stated in paragraphs 2 and 3, or has not returned the product to the trader, the purchase becomes final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the product are borne by the consumer.
If the consumer has paid an amount, the trader will refund this as soon as possible, and at the latest within 14 days of withdrawal, provided that the item has already been received by the trader, or sufficient proof of return shipment can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3, but only if the trader has clearly stated this in the offer, in good time before the contract is concluded.
The right of withdrawal may only be excluded for products that: are made by the trader according to consumer specifications; are clearly personal in nature; cannot be returned due to their nature; deteriorate or age quickly; are subject to price fluctuations in financial markets over which the trader has no control; are individual newspapers and magazines; are audio and video recordings and computer software of which the consumer has broken the seal; are hygiene products of which the consumer has broken the seal.
The right of withdrawal may only be excluded for services relating to: accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period; services that have begun with the consumer's explicit consent before the reflection period has expired; gambling and lotteries.
Article 9 – Price
During the period stated in the offer, the prices of the products and/or services offered will not be increased. Applicable sales tax is calculated separately at checkout based on the delivery address and is not included in the listed product price.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader's control, at variable prices. This dependency on fluctuations, and the fact that any stated prices are target prices, will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this, and: they result from statutory regulations or provisions; or the consumer has the authority to terminate the contract on the day the price increase takes effect.
The place of delivery is the country from which transport begins. For orders shipped within the United States, any applicable sales tax is calculated and collected at checkout based on the delivery address. For orders shipped internationally, any import duties, taxes, or customs handling costs will be collected by the postal/delivery service from the recipient, and no such taxes are charged by the trader at checkout.
All prices are subject to printing errors. The trader is not liable for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in unused condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties.
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly, or in a manner contrary to the trader's and/or packaging instructions.
The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The trader will exercise the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the trader.
Subject to the provisions of Article 4 of these Terms, the trader will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fully or partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation for damages.
Following dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, and at the latest within 14 days of dissolution.
If delivery of an ordered product proves impossible, the trader will make efforts to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and notified to the trader, unless expressly agreed otherwise.
Article 12 – Continuous Performance Contracts: Duration, Termination, and Renewal
Termination
The consumer may terminate an indefinite-term contract for the regular supply of products (including electricity) or services at any time, in accordance with agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed term, in accordance with agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts described in the previous paragraphs as follows:
Terminate at any time, without being restricted to termination at a specific time or during a specific period.
Terminate at least in the same manner in which they were entered into.
Always terminate with the same notice period that the trader has stipulated for itself.
Renewal
A fixed-term contract for the regular supply of products (including electricity) or services may not be automatically renewed or extended for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers and magazines may be automatically renewed for a fixed term of no more than three months, provided the consumer may terminate this renewed contract towards the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular supply of products or services may only be automatically renewed for an indefinite term if the consumer may terminate at any time with a notice period of no more than one month, or no more than three months in the case of daily or weekly newspapers and magazines supplied less than once a month.
A fixed-term contract for the introductory or trial supply of daily or weekly newspapers and magazines does not automatically continue and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness dictate that termination should not take place before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days of the start of the reflection period referred to in Article 6(1) of these Terms. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the contract.
The consumer has a duty to promptly report any inaccuracies in payment information provided or stated to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the consumer any reasonable costs that have been communicated to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the trader in full and clearly described within 7 days of the consumer discovering the defect.
Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when a more detailed response can be expected.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
Submitting a complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If the trader considers a complaint justified, at its discretion it will repair or replace the delivered products free of charge.
Article 15 – Disputes
Agreements between the trader and the consumer to which these Terms apply are governed exclusively by Dutch law, even if the consumer resides abroad.