Terms and Conditions
General
Thank you for visiting www.bresco-clogs.com (“Website”). These general terms and conditions of sale (“Terms and Conditions”) are applicable to all purchases of products on this Website.
This Website is operated by Aleksandra Jurzec Bresco company – “Bresco Clogs”. The company’s registered office is:
Powstańców Śląskich 13/2, 34400 Nowy Targ, Poland; VAT ID: PL5521628844
The terms “Bresco Clogs”, “we”, “us” and “our” when used in these Terms and Conditions means our company. The terms “you” and “your” when used in these Terms and Conditions means any person purchasing products on/through this Website.
This Website and its content are intended solely for personal and non commercial use by you. Any use of this Website or its content other than for personal and non-commercial purposes is prohibited.
Governing Provisions
Purchasing of products on this Website is subject to all applicable laws and regulations and to these Terms and Conditions. You accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement between you and Bresco Clogs, when the first of the following occurs:
• (a) you order goods through this website;
• (b) you pay for the ordered goods;
• (c) you have received delivery of the whole or any part of the ordered goods; or
• (d) you have otherwise assented to these Terms and Conditions.
If you do not agree, please exit this Website.
These Terms and Conditions may be changed by us from time to time without specific notice to you. The latest Terms and Conditions will be posted on the Website, and you should always review these Terms and Conditions prior to using the Website to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access this Website. If you cannot access the Terms and Conditions via the Internet, we can provide a copy of the most recent Terms and Conditions by e-mail upon request. Please e-mail us at sales@bresco-clogs.com
Entire Agreement
These Terms and Conditions (together with our Privacy Policy which are expressly incorporated herein by reference and can be accessed on this Website) contain the entire understanding between you and us with respect to use of this Website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. No additional or different terms or conditions will be binding upon us unless specifically agreed to in writing by an officer of Bresco Clogs. No other representative has any authority to waive, alter, vary or add to the terms hereof. Before using this Website please read through all these documents carefully.
Minors
This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 18 years without the permission of a parent or guardian. In addition, you must be at least 18 years of age to make a purchase on this Website.
General Ordering Information
Orders can be placed any time, 24 hours a day, seven days a week. We can only fulfil an order if the delivery address is a home or office address in one of the countries we ship to.
An order is placed once you click the “Proceed to payment” button on the “Check out” page in the ordering process. By clicking the submit button, your order is sent to us and displayed. Once we have received your order, an automated confirmation of receipt will be sent to the e-mail address specified by you in the ordering process. The e-mail will contain your order number and the details of your purchase. The purchase agreement has now been completed. We reserve the right to refuse your order or to cancel the purchase agreement.
When you send us your order, we may run certain checks on it before the order is fulfilled. These checks may include verifying your address and creditworthiness. By submitting your order, you agree to this.
Prices
The prices for the products displayed on the Website are inclusive of Value Added Tax (V.A.T.). On adding a product to your shopping cart, the V.A.T. applicable in the country to where the products are shipped to, will be added to the amount of your purchase.
Shipping costs are on us. You will be not charged by us for shipping. From your side will be some shipping duties.
The prices displayed on the Website are subject to change. We reserve the right to change prices at all times and without notice. The prices displayed on the Website at any moment are only valid at that moment.
Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of spelling, pricing, or other errors in the website information.
Right to Refuse Order and Cancel Purchase
We reserve the right, for whatever reason, to refuse any order or to cancel any purchase. Some of the situations in which we may do so are:
• (a)the product(s) is (are) not available and/or not in stock;
• (b) we have reason to believe you are purchasing for resale (you are a reseller and not an ordinary consumer);
• (c) your billing information is not correct or not verifiable;
• (d) your payment is not confirmed/authorized by our automated payment confirmation service;
• (e) the displayed price of the product(s) was incorrect; or
• (f) we could not deliver at the address provided by you
Delivery & Returns
If, after you have accepted delivery, you are not happy with what you ordered (e.g. you are not happy with the colour or size), and wish to return the product, you may do so. You have a right to cancel your order within 30 days of receiving the product and all items should be returned in a saleable condition. Where goods are not being returned due to their being faulty (or quality related issue), you will be required to meet the cost of direct transport, return of the product to Bresco Clogs. All returns are addressed to our Warehouse based in Poland.
To facilitate your return of the products please send an email to us – sales@bresco-clogs.com. When the returned items have been received by us we will refund you in full the purchase costs and the original shipping costs.
Defective Products
Products should be checked upon delivery. If it appears that the products, at the time of delivery, are damaged or otherwise show material or manufacturing defects, please contact us per email to inform us of the details. If you have any concerns or questions please don’t hesitate to contact the customer service.
No Warranty
Except as set forth in section 9, all products are provided “as is”. Bresco Clogs makes no representation or warranty of any kind whatsoever, whether express, implied or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. No person is authorized to make any representation or warranty concerning products except to refer you to this warranty, and you acknowledge and agree that you have not relied on any other warranties or representations
Limitation of Liability
In no event shall Bresco Clogs be liable for any indirect, incidental or consequential damages of any kind, whether for breach of any warranty or otherwise. In no event shall our aggregate liability to you arising under or in any way related to your purchase order, the transaction to be entered into pursuant to it or these Terms and Conditions exceed the total amount paid by you for the products purchased. For the avoidance of doubt, nothing contained herein shall limit Clogs’ liability for death or personal injury arising out of its negligence or for fraudulent misrepresentation.
Recall
You will cooperate fully with us and will provide all reasonable assistance in the event we recall any product(s). You shall notify us immediately if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
Force Majeure
Bresco Clogs shall not be liable for any damage as a result of any delay or failure to deliver due to any act of God, act of yours, embargo or other governmental act, regulation or request, fire, accident, power outage, strike, slowdown or other labor difficulties, war, riot, act of terrorism, delay in transportation, defaults of common carriers, inability to obtain necessary labor, materials or manufacturing facilities or, without limiting the foregoing, any other delays beyond Bresco Clogs’ control. In the event of any such delay the approximate indicated date of delivery shall be extended for a period equal to the time lost because of the delay. Your exclusive remedy for other delays and for Bresco Clogs’ inability to deliver for any reason, shall be cancellation of your order for such products upon provision to Bresco Clogs of written notice to that effect.
Intellectual Property Rights
The Bresco Clogs logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Bresco Clogs (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners.
You shall not to tamper, alter, detract from or otherwise change any of the Marks on the products. We retain all intellectual property rights in the products and you undertake that you shall do nothing which may damage, detract from or otherwise harm Bresco Clogs’ ownership in and/or the value of such intellectual property rights. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Governing Law and Jurisdiction
These Terms and Conditions and the transactions governed by these Terms and Conditions shall be exclusively governed and construed according to the laws of Poland. The applicability of the Vienna Convention on the International Sale of Goods is explicitly excluded.
Any disputes relating to or arising out of these Terms and Conditions and/or any transactions governed by these Terms and conditions will be exclusively submitted to the competent court.
If you have any questions regarding these Terms & Conditions please contact the customer service.
Disclaimer promotions
• (a) Any orders placed before or after the discount period shall not benefit from the discount;
• (b) A discount cannot be used in combination with any other discount;
• (c) Clogs reserves the right to end any discount at any time;
• (d) Clogs reserves the right to extend any discount for any period;
• (e) If you have any questions please contact our customer service.
Title to Products
The title to any products ordered through this Website shall transfer to you upon receipt by us of full payment.