Updated 4 April, 2018
Thank you for visiting www.shoptoms.de ("Website"). These Terms and Conditions are applicable to your use of this Website and to all purchases of products on or through this Website.
This Website is operated by TOMS EMEA B.V., a limited liability company incorporated under the laws of The Netherlands, with its main offices at Danzigerkade 13 F, 1013 AP Amsterdam, The Netherlands, registered at the Chamber of Commerce of Amsterdam, The Netherlands under No. 56381441 with V.A.T. No. NL852098844B01. TOMS EMEA B.V. is a subsidiary of TOMS Shoes, LLC located at 5404 Jandy Place, Los Angeles, California, U.S.A.
The terms "TOMS", "we", "us" and "our" when used in these Terms and Conditions means TOMS EMEA B.V. The terms "you" and "your" when used in these Terms and Conditions means any person or entity browsing, using or purchasing products on or through this Website.
This Website and its Content (as defined below) 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.
These Terms and Conditions are available in both the German and English languages.
2. Governing Provisions
These Terms and Conditions may be changed by us from time to time without 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 under which you are permitted to access and use this Website. If for any reason 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 EUcustomerservice@toms.com.
THE USE OF THE SITE SHALL BE GOVERNED BY THE TERMS AND CONDITIONS APPLICABLE AT THE TIME OF USE. If you place an order through this Website, the Terms and Conditions applicable to that order will be the Terms and Conditions in force as of the date you place your order.
3. Entire Agreement
These Terms and Conditions (together with our Privacy & Cookie Notice, and any other terms and conditions on the Website) contain the entire understanding between you and us with respect to use of this Website and any product(s) you purchase on or through this Website, and, save as required by law, no representation, statement or inducement, whether oral or written, not contained herein shall bind us or you. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of TOMS. No other representative has any authority to waive, alter, vary or add to these Terms and Conditions. Before using this Website please read through all referenced documents carefully. Nothing in this paragraph limits or excludes liability for fraudulent misrepresentation.
This Website is not intended for use by children or minors under the age of 18 years without the permission of a parent or guardian. You must be at least 18 years of age to make a purchase on this Website.
5. General Ordering Information
Orders can be placed via this Website. By placing an order with us, you are (i) offering to purchase product(s) on these Terms and Conditions, (ii) representing that you are 18 years of age or over, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.
We can ship online orders to Germany, the Netherlands, Metropolitan France, Belgium and Luxembourg. If you would like place an order for delivery to an address outside of these areas, please see our Questions for details of how to do so.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to review and check your order at each stage of the order process.
An order is placed once you click the "Pay Now" button on the "Review Order" page in the ordering process. By clicking the "Place My Order" button, your order is sent to us. 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. This e-mail will contain your order number and the details of your purchase. However, a valid contract has not been concluded until we expressly accept your offer or until delivery of your order.
When you send us your order, we may verify certain items before the order is fulfilled. This verification may include, without limitation, your personal information (such as your address for example), your payment information and your creditworthiness. By submitting your order, you agree to this verification.
6. Prices and Costs
The prices for the products displayed on the Website are inclusive of the applicable Value Added Tax ("VAT") in effect for the time being. If the rate of VAT changes between the date of your order and the date we take payment for your order, we will adjust the VAT you pay.
Shipping costs may apply to your order and, if so, these will be displayed prior to checkout. Any other charges applicable to your order will also be displayed at checkout.
We accept multiple payment methods. We currently accept Visa, MasterCard, American Express, Paypal, Direct Bank Transfer with Giropay, TOMS™ Gift Card and TOMS™ store credit.
The prices and products displayed on the Website are subject to change and we reserve the right to change these at any time and without notice to you, provided that if you place an order for products through this Website the price you will pay for the products will be the price displayed at the time you placed your order. The prices displayed on the Website at any moment are only valid at that moment. All prices displayed on the Site are quoted in Euro (€).
Although the Website is composed with care, it may happen that the pricing information on the Website contains errors. We do not have to supply products to you where we have made a pricing error and that pricing error is obvious and unmistakeable based on what a reasonable consumer may expect.
7. TOMS' Right to Refuse an Order and Modify or Cancel a Purchase
We reserve the right to refuse any order for any reason, including where:
- the product(s) is (are) not available and/or not in stock;
- we have reason to believe you are purchasing for resale (you are a reseller and not an ordinary consumer);
- your billing information is not correct or not verifiable;
- your payment is not confirmed/authorized by our automated payment confirmation service;
- the displayed price of the product(s) was incorrect and that pricing error was obvious and unmistakeable based on what a reasonable consumer may expect; or
- we could not deliver at the address provided by you.
Please note that shipping dates, delivery dates, and timeframes for processing returns and refunds are estimates only and not guaranteed, however we will deliver your products and process returns and refunds in accordance with any deadlines specified by law unless we are prevented from doing so by reasons beyond our reasonable control. The risk of loss of any product(s) ordered through this Website shall transfer to you upon delivery of the product(s) to you.
Our Returns Policy: All returns must be back in our warehouse within 30 days from date of purchase. Once your return is processed, we will refund your money back to the original payment method. Please note that we strive to process your return within 10 days of receiving it back in our warehouse.
All items must be returned unworn, in the original packaging and in a salable condition. We will refund you the total amount that you have paid for the product (s) that you are returning. Learn more about our returns here. We will refund the total amount that you have paid for the products, unless the shoes have decreased in value. For example, if it is clearly visible that the products have been unnecessarily roughly treated. If your product is defective, read the question about guarantees.
The shipping costs of the return shipment are for the account of the customer.
Right to cancel under law.In addition to our return policy, you have the right to cancel your entire order within 14 days of receiving your product (s) in accordance with the Consumer Rights Directive Implementation Act and the Civil Code or any other applicable local law.
Contact our customer service to report your cancellation and add the completed cancellation form to the package. You must return all ordered items that you want to cancel within 14 days it to our warehouse in The Netherlands. As soon as the goods are back at our warehouse, we will process it back on stock and inform you by e-mail.
9. Warranty for Defective Products
Please note that your rights under applicable law governing the sale of consumer goods remain unaffected by the warranties given in this Section 9.
If product(s) you purchased are damaged or otherwise show material or manufacturing defects, please contact us via telephone or email at the email address(es) noted below. Please note that this warranty does not apply to fair wear and tear, wilful damage, abnormal storage, alterations, repairs, improper fit, scratched lenses (for eyewear) or improper or unreasonable use. For product(s) that are defective, we will, at our option, either offer you a refund or store credit (including the purchase price, original shipping costs and any other costs you may incur in returning the defective product(s) to TOMS), repair the defective product(s) or provide you with replacement product(s) at no cost to you.
SHOES: If you believe in good faith that the TOMS shoes products you purchased are defective with regard to materials and workmanship within 12 months of the date of purchase, please email the TOMS warranty department at EUwarranty@toms.com with the following information: (a) order number (in subject line), (b) short description of the issue, (c) photographs of the product, (d) shipping address for any repairs/replacement product(s), and (e) proof of purchase (required).
EYEWEAR: If you believe in good faith that the TOMS eyewear products you purchased are defective with regard to materials and workmanship within 24 months of the date of purchase, please email the TOMS warranty department at EUwarranty@toms.com with the following information: (a) order number (in subject line), (b) short description of the issue, (c) photographs of the product, (d) shipping address for any repairs/replacement product(s), and (e) proof of purchase (required).
If you purchased your product(s) directly from a retailer, please contact them for further details on any warranty they may offer.
Please see our Questions on Warranties for further information regarding our warranties for defective products.
You agree to cooperate fully with us and provide all reasonable assistance in the event we recall any product(s), at TOMS' sole expense. Please notify us if you know or suspect there is a possibility of products becoming or needing to become the subject of a recall.
11. Intellectual Property Rights; Content
Unless otherwise noted, the Website, its features, functionality, and all materials, including, without limitation, images, text, graphics, logos, descriptions, data, illustrations, designs, icons, photographs, video clips, audio clips, sounds, files, get-up and associated goodwill, software, specifications, advertisements, titles, names, User Generated Content (as defined below), and any other materials that appear as part of or on the Website (collectively, the "Content"), are protected by copyright and/or database right and/or other intellectual property rights in Germany and are owned, controlled, and/or licensed by TOMS, TOMS Shoes, LLC, and each of their respective subsidiaries, divisions, branches, affiliates or companies under common ownership or control (collectively, "TOMS SHOES").
TOMS™, One for One, , , and all related names, logos, product and service names, designs and slogans are registered Community Trade Marks or trademarks of TOMS SHOES or its affiliates or licensors. Such marks cannot be used without the prior written permission of TOMS SHOES. All other trademarks, product names, company names, logos, service marks, trade dress or other material mentioned, displayed, cited or otherwise indicated on the Website are used for identification purposes only and are the trademarks of their respective owners.
Except as permitted by law or otherwise as may be expressly permitted by TOMS you may not reproduce or copy (including storing in any medium by electronic means and whether or not transiently or incidentally to some other use) or commercially use, publish, misappropriate, extract, re-utilise, transmit, distribute, display, modify, perform, download, license, create derivative works of, reverse engineer, frame, transfer, sell or participate in any sale of, or exploit in any way, in whole or in part, any Content, the Website, or any related software.
You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Website, but only while accessing the Website. No right, title or interest in or to any downloaded materials or software is transferred to you as a result of any such downloading or copying.
The Content may contain omissions, errors, or may be out of date. The Content is provided for informational purposes only and TOMS is under no obligation to keep the Content updated. TOMS may, in its sole discretion, change, delete, update, modify or otherwise alter the Content at any time without providing notice to you.
The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the actual colour of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
12. User Generated Content
As used in this Section, (i) "User Generated Content" means Comments (as defined below), messages (including e-mail), data, information, text, music, sounds, photos, graphics, images, designs, icons, video or audio clips, files, or other material or content; (ii) "Comments" means comments, feedback, suggestions, reviews, ideas, proposals and questions; and (iii) "Interactive Areas" means reviews, forums, blogs, chat areas, bulletin boards or other interactive areas in which you or other Website users may post Comments, content, messages, materials or other items on the Website.
By posting, distributing, sending or displaying User Generated Content to the Website, you:
- hereby grant to TOMS SHOES a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicenseable right to use, copy, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Generated Content for any purpose to the extent permissible by applicable law;
- grant TOMS SHOES the right to use your name in connection with such User Generated Content, subject to TOMS' Privacy & Cookie Notice;
- represent and warrant that:
- you own and control all of the ownership rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content on or through this Website;
- such User Generated Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
- the usage, publication and posting of such User Generated Content does not violate these Terms and Conditions and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity; and
- further grant TOMS SHOES the right to pursue before any appropriate forum any person or entity that violates TOMS SHOES' or your rights under any applicable law in the User Generated Content.
User Generated Content submitted by you is deemed non-confidential and TOMS SHOES is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, TOMS SHOES reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. TOMS SHOES is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, under any applicable law, it is determined that you retain moral rights in the User Generated Content which you have posted to the Website, you hereby agree that:
- you won't require that any personally identifying information be used in connection with the User Generated Content;
- you won't oppose the publication, use, modification or deletion of the User Generated Content by TOMS SHOES; and
- you waive and will not claim or assert any entitlement to any moral rights in any of the User Generated Content, to the extent permissible under applicable law.
This Website may contain Interactive Areas. If TOMS provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
- Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of the privacy or publicity rights of a third party, abusive, inflammatory, fraudulent or otherwise objectionable;
- Material that promotes illegal drugs, tobacco or firearms use;
- Material that constitutes hate speech or encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any applicable local, state, national or international laws or regulations;
- Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
- Material that uses the names or likenesses of persons living or dead or their property without their prior express written permission or that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity;
- Advertising or links to other commercial sites;
- Names, postal addresses, telephone or telecopy numbers, email addresses, driver licenses, Social Security, national identity, passport and/or credit card numbers or other personally identifiable information of any third party;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Material that is unrelated to the topic of the Interactive Areas in which such material is posted;
- Material that communicates messages inconsistent with the goodwill of TOMS or which otherwise violates these Terms and Conditions; or
- Material that, in the sole judgment of TOMS, is objectionable or which may expose TOMS, you or other Website users to any harm, prejudice or liability.
TOMS SHOES takes no responsibility and assumes no liability for any User Generated Content posted, published, displayed or uploaded by you, or for any loss or damage thereto, nor is TOMS SHOES liable for any errors, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or racial or gender slurs you may encounter or any other type of content posted, published, displayed or uploaded by third parties in violation of these Terms and Conditions. As a simple provider of the Interactive Areas, TOMS SHOES is not and shall not be liable for any statements, representations or User Generated Content provided by its users on this Website. TOMS SHOES has no preemptive legal or contractual obligation to screen, edit or monitor any of the User Generated Content posted, published, displayed or uploaded to or through any Interactive Area and makes no claim that it will do so. However, TOMS SHOES reserves the option and right, at its sole discretion, to remove or modify any User Generated Content posted or stored on this Website without any prior notice of any type whatsoever and for any reason whatsoever.
Any use of the Website, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Website.
You agree that no Comments submitted by you to this Website will violate any third party rights, including, but not limited to, copyright, trademark, privacy, publicity or other personal or proprietary right(s). You further agree that no Comments submitted by you to this Website will be or contain libelous, slanderous, defamatory or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content and form of any Comments you submit or post to the Website.
13. Third Party Content; Links to Third Party Websites
Any Content, products or services posted on, transmitted through or linked to by third parties from the Website are the sole responsibility of the third-party originator of such Content. TOMS SHOES does not control, approve, sponsor or endorse any third-party Content, products or services on or linked through the Website and we make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you agree that you do so at your own risk and TOMS SHOES is not responsible or liable for any loss or damage of any sort that you may incur as a result of any third-party Content, products or services.
This Website may also contain links to third-party services and resources. You acknowledge that (a) TOMS SHOES is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such website, and (b) TOMS SHOES is not responsible for any other form of transmission received from any linked website. TOMS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TOMS SHOES of the website. Any concerns regarding any such link should be directed to the particular third party website provider.
14. Access to and Use of Website; Acceptable Use Policy
You agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.
The Website is made available free of charge. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and that they comply with them.
We do not guarantee that the Website, or any content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change any or all part of the Website without notice. TOMS SHOES will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
Although we make reasonable efforts to update the information on the Website, TOMS SHOES make no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up to date.
Acceptable Use Policy
You agree to comply with all content and conduct standards set forth in these Terms and Conditions. By way of example and not limitation, you agree not to:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, frame, use, transfer or sell any information, products, services or Content provided through or obtained from the Website, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
- hack into the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of service attack;
- modify another website so as to falsely imply that it is associated or affiliated with the Website;
- damage, disable, overburden, transmit any worms, viruses, trojans, logic bombs or other material of a destructive nature, or interfere with any other party's use and enjoyment of the Website;
- violate any applicable laws, rules or regulations in your jurisdiction;
- use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Website; or
- use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys or contests, or for any purpose that is prohibited by these Terms and Conditions.
For any portion of the Website that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
15. Copyright Complaint Policy; Infringement Notification
If you believe in good faith that certain Content on the Website infringes your copyright rights, please provide the written information requested below. The procedure outlined below is exclusively for notifying TOMS SHOES that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Website should be emailed or mailed to:
- TOMS Shoes, LLC
- Attn: Legal Department
- 5404 Jandy Place
- Los Angeles, California 90066
email@example.com, RE: Copyright Infringement
We suggest that you consult an attorney before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys' fees) if you make a false claim of copyright infringement.
TOMS SHOES will review and address all notices that comply with the requirements above and applicable law.
In accordance with applicable law, TOMS SHOES has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. TOMS SHOES may also limit or restrict access to the Website and/or terminate the accounts of any users who are deemed by TOMS SHOES to infringe any intellectual property rights of others, whether or not there is any repeat infringement, in TOMS SHOES' sole discretion.
16. Force Majeure
TOMS SHOES 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 TOMS SHOES' reasonable 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 TOMS' inability to deliver for any reason shall be cancellation of your order for such products upon provision to TOMS of written notice to that effect and the refund of the purchase price and any delivery charges (if we have already deducted these from your card).
17. NO WARRANTY; DISCLAIMER
TOMS SHOES DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM BUGS, VIRUSES, TROJAN HORSES OR THE LIKE. FURTHER, SUBJECT ALWAYS TO SECTION 18(b) BELOW, TOMS SHOES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR COMPLETENESS OF THE WEBSITE, THE CONTENT, THIRD-PARTY CONTENT, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO FROM THE WEBSITE.
NO PERSON (INCLUDING ANY AGENT, DEALER OR REPRESENTATIVE OF TOMS SHOES) IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS EXCEPT TO REFER YOU TO SECTIONS 9, 17 AND 18 OF THESE TERMS AND CONDITIONS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY OTHER WARRANTIES OR REPRESENTATIONS PROVIDED THAT NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT TOMS SHOES' LIABILITY FOR FRAUDLENT MISREPRESENTATION.
- SUBJECT TO SECTION 18(b) BELOW, TOMS SHOES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT, INFORMATION OR MATERIALS ON OR MADE AVAILABLE THROUGH THE WEBSITE, (B) INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED THIRD-PARTY WEBSITE(S), (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS THAT HOST THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE(S) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THIRD-PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR ANY LINKED THIRD-PARTY WEBSITE(S) BY TOMS SHOES OR ANY THIRD PARTY, AND/OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY OF THE FOREGOING UNLESS SUCH LOSS OR DAMAGE IS A CONSEQUENCE OF TOMS SHOES' BREACH OF THESE TERMS AND CONDITIONS AND WAS FORSEEABLE.
- TOMS IS LIABLE WITHOUT LIMITATION FOR (I) DAMAGES CAUSED BY WILFUL MISCONDUCT OR WITH GROSS NEGLIGENCE BY TOMS', ITS LEGAL REPRESENTATIVES OR EXECUTIVE STAFF AND OTHER ASSISTANTS IN PERFORMANCE; (II) PERSONAL INJURY, DAMAGE TO HEALTH AND DEATH CAUSED INTENTIONALLY OR AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF TOMS', ITS LEGAL REPRESENTATIVES OR ASSISTANTS IN PERFORMANCE; (III) DAMAGES CAUSED BY THE ABSENCE OF GUARANTEED CHARACTERISTICS, AND (IV) CLAIMS UNDER THE PRODUCT LIABILITY ACT. TOMS IS LIABLE FOR DAMAGES RESULTING FROM THE BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS BY TOMS, ITS LEGAL REPRESENTATIVES, EXECUTIVE STAFF OR OTHER ASSISTANTS IN PERFORMANCE; MATERIAL CONTRACTUAL OBLIGATIONS ARE SUCH DUTIES WHOSE FULFILLMENT IS A BASIC CONDITION FOR CONTRACT PERFORMANCE, WHOSE BREACH JEOPARDIZES THE ACHIEVEMENT OF THE PURPOSE OF THE CONTRACT AND THE FULFILLMENT OF WHICH THE CONTRACTING PARTNER MAY REGULARLY EXPECT (SO CALLED CARDINAL DUTIES). IF THE BREACH OCCURRED THROUGH SIMPLE NEGLIGENCE, THEN TOMS' ENSUING LIABILITY SHALL BE LIMITED TO THE AMOUNT WHICH WAS FORESEEABLE BY TOMS AT THE TIME THE RESPECTIVE SERVICE WAS PERFORMED. TOMS SHALL NOT BE LIABLE FOR BREACHES OF NON-MATERIAL CONTRACTUAL OBLIGATIONS THROUGH SIMPLE NEGLIGENCE.
You agree to defend, indemnify and hold harmless TOMS SHOES, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers, and distributors from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys' fees), arising from or in connection with: (a) your use of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, TOMS SHOES, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms or any representations you provide herein, and/or (d) your use of the Website or purchase of any products or services from the Website. TOMS SHOES reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with TOMS SHOES in asserting any and all available defenses.
20. Title to Products
The title to any product(s) ordered through this Website shall transfer to you upon TOMS' receipt of full payment for such product(s).
21. Gift Cards & Store Credit
TOMS electronic gift cards purchased via the Website ("Gift Card(s)") may only be used to purchase eligible items on this Website, shopTOMS.nl, TOMS.ie and TOMS.fr. Gift Cards cannot be used to make purchases in store or on any other TOMS websites. Gift Cards should be treated like cash. We are not responsible if a Gift Card is lost, stolen or used without the permission of the person to whom the Gift Card is issued. Gift Cards may not be reloaded or redeemed for cash. Purchases made with a Gift Card will be deducted from the balance on the Gift Card and any unused balance can be used for future purchases. Where the purchase amount exceeds the Gift Card balance, the excess due must be paid with another acceptable payment method. Gift Cards are not refundable, cancelable or exchangeable after purchase, except where required by law. Gift Cards do not expire.
Not all products on the Website can be purchased using a Gift Card and not all discounts and promotions will apply to purchases made with a Gift Card. Please refer to any restrictions noted on the Gift Card or the Website.
When you purchase a gift card you consent to our sending the gift card to the recipient's email address as soon as you place your order. At this point we will have completed the delivery of this service and you acknowledge and agree that you will not be entitled to cancel your order.
TOMS store credit issued when products purchased via the Website are returned for store credit in accordance with these Terms & Conditions (the "Store Credit") may only be used to purchase eligible items on this Website, shopTOMS.nl, shopTOMS.at, TOMS.ie and TOMS.fr. Store credit may not be used to make purchases in store or on any other TOMS websites. Store Credit may also not be used to purchase Gift Cards. Any available Store Credit you may have will be automatically applied towards your next purchase. We are not responsible if Store Credit is used without your permission. Please note that Store Credit is non-transferable. Purchases made with Store Credit will be deducted from your Store Credit balance, and any remaining unused balance will be available for future purchases. Where the purchase amount exceeds the available Store Credit balance, the remaining balance due must be paid with another acceptable payment method. Store Credit does not expire.
22. 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 German law.
23. Contact Details
If you have any questions regarding these Terms and Conditions, you may refer to our Questions or you may also contact us at:
- TOMS Shoes, LLC
- 5404 Jandy Place
- Los Angeles, CA 90066
- Email: EUCustomerService@TOMS.com
- Customer Service Phone: +0-800-723-9244
For more information on the European Commission's online dispute resolution platform, please visit http://ec.europa.eu/consumers/odr/
24. General Legal Provisions
These Terms and Conditions are effective unless and until terminated by either you or TOMS. You may terminate these Terms as they apply to you at any time by ceasing to use the Website. TOMS may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny you access to the Website, for any reason in its sole discretion; however, the provisions in these Terms and Conditions that relate to products already ordered by you and to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms and Conditions.
Unless otherwise specified, the Website and Content are displayed solely for the purpose of promoting TOMS products available in Germany.
If any portion of these Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms and Conditions shall remain in full force and effect. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of TOMS to insist upon or enforce strict performance by you of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
We may provide notice to you relating to the Website and/or these Terms and Conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent.
TOMS' performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of TOMS' right to comply with law enforcement requests or requirements.
© TOMS EMEA B.V. 2013-2017, all rights reserved.
Please note that we will not file a copy of the contract between us. You should save or print a copy of these Terms and Conditions for your records.