TERMS OF SALE
2. INFORMATION ABOUT US WWW.LULULEMON.DE is a website operated by lululemon athletica DE GmbH ("lululemon", "we", "us", "our"). lululemon has its registered office at Westendstrasse 28, Frankfurt-am-Main, 60325 Germany. Our VAT number is 045 238 31521. To contact lululemon, please see the section CONTACT US below.
3. PRODUCT INFORMATION Availability All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not accept your order if such is the case. lululemon Products displayed on the Website are generally available in most cases in select company-owned stores while supplies last. In some cases, merchandise displayed on the Website may not be available in stores and lululemon makes no representations or warranties that any of the products or services displayed on the Website will be available at any time or location. Colours and Packaging The images of the Products on our Website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours of our Products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. Your Products may vary slightly from those images. The packaging of the Products may vary from that shown on images on the Website.
5. PURCHASE OF PRODUCTS The technical steps required to create the Contract between you and us are as follows: Order Place Order: you submit an order for Products by completing the order information such as delivery address, payment information and order confirmation email on the order summary page, after carefully reviewing the product specifications, the relevant price, shipping costs, reviewing and accepting these Terms of Sale, and accepting your obligation to pay the total price by clicking the complete order button. To place an order with lululemon, you must, save as where you place your order using a valid gift card issued by us, possess a valid credit or debit card issued by a bank acceptable to us. Order Acknowledgement: lululemon will acknowledge receipt of your order by sending an email to the email address indicated by you when placing your order. This is not an order confirmation or order acceptance from lululemon. Acceptance of your order Order Acceptance: lululemon will confirm your order by sending an email to the email address indicated by you when placing the order. The email will contain all information relating to your purchase, as well as a copy of the Terms of Sale and of the form that may be used if you wish to exercise your right of withdrawal. Shipping Confirmation: we will send you a shipping confirmation email as soon as your Product is shipped from our warehouse. Terms of payment All prices are reflected in € (Euros) and include VAT. You shall be informed in advance of shipping costs or fees, if any, through the Website. You can only pay for your order using one of the debit or credit cards listed below or by using a valid gift card issued by us (you can purchase gift cards in store). We accept the following cards: Visa, MasterCard, American Express, Visa Debit, JCB Discover, PayPal and Maestro for payment. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card or gift card until we dispatch your order. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. . If products are not available for any reason after we have received your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) promptly by way of a credit to your credit card/ debit card account or gift card (as applicable).
6. DELIVERY We make every effort to deliver all products to the address disclosed to us in your order or any other address expressly designated by you in the ordering process in accordance with the timescales set out below. Where this is not possible, we will seek to notify you and, unless we state otherwise, ensure that your Products are delivered within 28 days from Order Acceptance. Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an Event Outside Our Control (as defined below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. Delivery will be completed when we deliver the Products to the address you gave us. The Products will be your responsibility from the completion of delivery. You own the Products once we have received payment in full, including all applicable delivery charges. We offer Standard and Express service in Germany. Standard delivery: 3-4 days Express delivery: 1-2 days You can also track the progress of your delivery using the link that is in your order confirmation email. Please note that it can take up to 12 hours for your order to appear on the system.
7. YOUR RIGHT OF WITHDRAWAL Consumers are entitled to a statutory right to withdraw from a contract. Right to withdrawal You may withdraw from the purchase agreement at any time, for any reason, without penalty and without the need to give any explanation. The withdrawal period is fourteen (14) days from the day on which you or a third party you have designated, who is not the carrier of the goods, took or has taken possession of the products. If you have ordered multiple products as part of a single order and we have delivered them separately, the relevant term shall begin on the date of delivery of the last of the goods or for split orders and the goods are delivered in serveral partial shipments or pieces, the last partial shipment or the last piece. To exercise your right to withdrawal, you must inform us 0800 000 3571 of your decision to cancel your contract by a clear statement (e.g. by a letter sent by post, fax or e-mail). For this purpose you may use the attached in Annex 1 sample withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your right to withdrawal before the withdrawal period has expired. Effects of withdrawal In the event of withdrawal, you shall return the Products to lululemon without undue delay, and in any event within fourteen (14) days from the date on which the notice of withdrawal was submitted to lululemon. The deadline is met if you dispatch the goods before the expiry of the fourteen (14)-day deadline. Please note that you have to bear the direct cost of returning the goods. If you exercise your right of withdrawal from the purchase agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen (14) days from the day we receive notice of your revocation of the purchase agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may withhold the refund until the returned Product is properly received by lululemon or until you demonstrate that the Product has been correctly sent, whichever is earlier. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Please note that in addition to your right to withdraw, we operate a RETURNS AND REFUND POLICY. The lululemon Returns and Refund Policy is in addition to and does not replace or affect your withdrawal rights. You should read this policy as this gives you extra benefits. This policy may be found below. 8. WARRANTIES The statutory law provisions on representation and warranties apply. lululemon does not grant any guarantee in the sense of Section 443 of the German Civil Code ("BGB"). The limitation period for warranty claims for defects is two (2) years upon delivery of the goods. To benefit from the warranty, you shall keep the relevant invoice or receipt of payment.
9. COMMERCIAL WARRANTY This commercial warranty is provided in addition to, and does not exclude, restrict, limit or otherwise affect any statutory warranty rights you have vis-à-vis lululemon under German law as described above. 9.1 OUR RETURNS AND REFUND POLICY In addition to the withdrawal right and statutory warranties described above, we provide you with additional rights under our returns and refund policy. If you’re not 100% satisfied, you have thirty (30) days from the day you receive your order to return it back to us. All merchandise must be unwashed. All hangtags must be attached to the garment and proof of payment must accompany the garment(s) at the time of return. All garments are subject to inspection. Shipping costs are not refunded. You will receive a full refund of the price you paid for the Products less any applicable delivery charges, which are not refundable. We will process the refund due to you as soon as possible and, in any case, within thirty (30) calendar days of the day on which you gave us notice of cancellation. If the Products were delivered to you: you must return the Products to us as soon as reasonably practicable; unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us; and you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. For more information on how to return an item, please visit our FAQs. You may also return the Products to any of our stores (with the exception of our concessions (Harrods, Selfridges, Brown Thomas and Le Bon Marché) and to all of our global outlets, including those in the EU (Bicester Village and Wertheim Village). However, note that in the event a return is made to a store located in a country outside of the Euro zone, the return will be processed in the local currency applicable to the store in question. We refund you on the credit card or debit card or gift card used by you to pay. This returns and refund policy is without prejudice to your right of withdrawal as set forth herein. Without prejudice to your right of withdrawal as set forth herein and to the rights granted to you under statutory warranties, products excluded from our return policy are: underwear, headwear, water bottles and gift cards. 9.2 FAULTY PRODUCTS If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full and any applicable delivery charges within our commercial warranty as set out in Section 9.1. above.
10. EVENTS OUTSIDE OUR CONTROL We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control ("Event Outside Our Control"). An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) legitimate strikes, lock-outs or other industrial actions; (b) unlegitimate strikes, lock-outs or other industrial actions, lululemon is not responsible for (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic. Our performance under any contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
11. THIRD PARTY RIGHTS This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12. LIMITATION OF LIABILITY lululemon shall be liable to you under these terms in accordance with the following provisions: 12.1 lululemon shall be liable for damages to life, body or health by lululemon, its representatives or vicarious agents. lulemon shall further be liable for losses caused intentionally (vorsätzlich) or by gross negligence (grob fahrlässig) by lululemon, its representatives or its vicarious agents; 12.2 lululemon shall be liable in accordance with the German Product Liability Act in the event of product liability or any other liability that may not be restricted or excluded pursuant to German law; 12.3 lululemon shall be liable for losses caused by the ordinariy negligent (leicht fahrlässig) breach of its primary contract obligations (vertragswesentliche Pflichten) by lululemon, its representatives or vicarious agents. Primary contract obligations are such duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and regarding the performance of which you may rely (so called "cardinal duties" - Kardinalpflichten); the liability of lululemon in this regard is limited to damages which are typical and foreseeable at the time of entering into this agreement; 12.4 lululemon shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken; and 12.5 Any other liability of lululemon deriving from ordinary negligence (leichte Fahrlässigkeit) is excluded on the merits.
16. LANGUAGE The official language of these Terms of Sale exclusively shall be, and all communications and agreements between lululemon and you and any proceedings in connection with these Terms of Sale and/or your use of the Website, exclusively shall be made in, the German language. lululemon waives any rights we may have under any other law to have these Terms of Sale written in another language, and any translation of this Terms of Sale will be for convenience only.
17. REVISIONS TO THESE TERMS OF SALE We may revise these Terms of Sale from time to time. Every time you order Products from us, the Terms of Sale in force at that time will apply to the Contract between you and us. Wheneer we revise these Terms of Sale in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms of Sale have been amended and the relevant date of change at the top of this page. Revisions to the Terms of Sale will not be applicable to previously Accepted Orders.
18. GOVERNING LAW AND JURISDICTION These Terms of Sale shall be governed by, construed and enforced in accordance with the laws of Germany, without giving effect to any conflict of law provisions. Please note that also the European Commission provides for an Online Dispute Resolution platform, which you can acces here: http://ec.europa.eu/odr. It is dedicated to helping consumers and traders resolve their disputes out-of-court, including cross-border disputes. The European Commission is responsible for setting up the platform. Our contact:email@example.com , if you would like to bring a matter to our attention. We hereby inform you that lululemon is not obliged nor willing to take part in any dispute resolution proceedings before a consumer arbitration board or scheme within the meaning of the German Consumer Dispute Resolution Settlement Act. Any dispute that may arise out of or in relation to an Order or in ther respectto the validity, conclusion, interpretation and/or performance of these Terms of Sale shall be brought before the courts having jurisdiction (i) where lululemon or you is domiciled or in the place where the products are delivered each in case you are initiating the dispute or (ii) in the place where you are domiciled in case you or lululemon are initiating the dispute.
19. CONTACT US If you have any questions, please contact us at: firstname.lastname@example.org, by phone: 0800 000 3571, or in writing at: lululemon athletica 57-59 Long Acre Garden House London WC2E 9JL United Kingdom
Annex 1: Sample Withdrawal Form (Please complete and return this form only if you wish to withdraw from this agreement) For the attention of our Guest Education Center: please contact us at: email@example.com by phone: 0800 000 3571, or in writing at: lululemon athletica 57-59 Long Acre Garden House London WC2E 9JL United Kingdom I hereby notify you that I am withdrawing from the agreement relating to the sale of the product(s)/service(s) below: Ordered on: […](*) / Order received on: […](*) Order number: Name: Address: Street: Post Code: City: Country: Signature: Date: (*) Delete as appropriate