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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 117 2074 43. 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
YOUR PRIVACY: OVERVIEW
We collect personal data from you in connection with your access to and use of our websites, your in-store or online purchases of our products or services, or if you provide us with personal data through other channels or media, such as social media or an event registration service.In particular, we collect personal data directly from you in connection with the following activities:
Registering for an account or filling in forms on our websites or in our stores (this includes information you provide when you request additional information, in writing or verbally, about our products or services or sign up to receive our e-mail newsletters, marketing messages or coupons);
Completing a profile or uploading goals to our websites;
Interacting with us on social media, such as by tagging us and/or our products, or permitting us to follow your social media profile;
Purchasing any product or service from us;Providing design or product feedback or making other submissions to us;
Requesting information or assistance from us, including correspondence with our customer service team and through social media;
Participating in or responding to surveys or requests for opinions, feedback and preferences regarding our products and services;
Participating in or registering for events, consumer contests, sweepstakes and other promotions;
Using other features of our websites that may be offered from time to time, which may require such information in order to utilise the feature.
We collect the following types of personal data in connection with the activities described above: your name, username, password, e-mail address, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, goals, and any other personal data that you choose to include in your profile or in other communications with us.
You may have the option to link your social media account to our social media account (such as on Facebook). If you do link your social media account to our social media account, the social media service may share certain data about you and your activities with us in accordance with their privacy policies and your privacy settings on their services. If we receive data about you in this manner, we combine that data with the personal data we collect directly from you.
In general, we use your personal data to respond your requests, conduct your requested transactions, maintain and customize your account and our interactions with you and provide, maintain and improve our products and services. The specific purposes for which we process your personal data are set out below:
To administer your online account and profile (the legal basis for this processing is our legitimate interest in better understanding user needs and expectations and improving our website);
To provide products and services to you, which includes processing payments, sending notifications related to your purchases, and processing exchanges and returns (the legal basis for this processing is the performance of the purchase agreement between you and lululemon);
To conduct or administer events, contests, prize draws, sweepstakes or other promotions in which you have participated (the legal basis for this processing is the performance of the agreement between you and lululemon related to such contest, prize draw, sweepstakes or other promotion);
To respond to any communications from you, including to troubleshoot problems with our websites (the legal basis for this processing is our legitimate interest in providing you with a functional website);
To analyse your use of and customise your experience on our websites (the legal basis for this processing is our legitimate interest in better understanding user needs and expectations and improving our websites);
To develop and manage lululemon's business and operations (the legal basis for this processing is our legitimate interest in understanding shopping behaviour, improving our selection of products and services, and exploring ways to develop and enhance our business);
To measure your social media engagement with our brand (the legal basis for this processing is our legitimate interest in understanding the efficacy of our marketing strategies);
To detect, investigate and prevent fraudulent transactions, error, negligence, breach of contract, and other illegal activities and protect against harm to the rights, property or safety of lululemon and our users, customers, employees or the public, including by using video surveillance systems (the legal basis for this processing is our legitimate interest in preventing fraud, error, negligence, contractual breach and other illegal activities and protecting and securing our premises,customers, employees and the public);
To comply with our legal obligations, including our tax obligations, those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions (the legal basis for this processing is compliance with our legal obligations under laws in the EEA and Switzerland related to, for instance, taxation, money-laundering and terrorism financing and consumer protection law);
To offer you opportunities to purchase products or services that we believe may be of interest to you, by supplementing the information we collect about you with information from third parties (the legal basis for this processing is our legitimate interest in providing information about products and services that may be of interest to you, unless applicable law requires us to obtain your consent, in which case we will do so).
We do not share personal data about you with third parties except as follows:
a.Our affiliates and subsidiaries. We disclose your personal data to our holding company, subsidiaries and affiliates, including lululemon athletica inc.lululemon usa inc. and lululemon athletica canada inc., for the purposes described in the “Use of Your Personal Data” section ABOVE. Since our holding company, subsidiaries and affiliates are located around the world, please note that these disclosures involve cross-border transfers of your personal data as described in the “Data Transfers” section BELOW.
b. Our Service Providers. We share personal data with third parties that perform services for us, including customer support, web hosting, information technology, payment processing, product fulfilment, fraud control, direct mail and email distribution, contest, event, sweepstakes and promotion administration, and analytics services. We only share with service providers the personal data that they need to perform services for us. Since our service providers are located around the world, please note that these disclosures involve cross-border transfers of your personal data as described in the “Data Transfers” section BELOW.
c. Corporate Transactions. Personal data may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitisation or financing involving lululemon.
d. Professional Advisors. We share personal data with our legal, financial, insurance and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of all or part of lululemon’s business or operations.
e. Compliance with Law. We disclose personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process (including requests from authorities), to respond to claims (including inquiries by you in connection with your purchases from lululemon), or to protect the rights, property or personal safety of lululemon, our users, employees or the public.
f. Consent. We share personal data with third parties when we have your consent to do so. For example, if you decide to participate in certain interactive areas or features of our websites, such as creating a public profile and posting your goals, you consent to the disclosure of this information to other users of our websites.
We have physical, technical and administrative measures in place to help protect personal data from loss, unauthorised access or processing, modification, disclosure, damage, alteration, destruction or other misuse. Unfortunately, the transmission of information via the internet is not completely secure or private. You understand that any messages or information you send to our websites may be read or intercepted by others. If you have any questions about the security of personal data collected by lululemon contact us HERE.
We ensure, with the signature of Standard Contractual Clauses adopted by the European Commission, that personal data transferred outside the EEA and Switzerland is maintained with at least the same level of security and protection for personal data that is required under applicable law. Copies of the Standard Contractual Clauses we use to facilitate this transfer of data are available HERE and HERE. Transfers to Canada are made pursuant to European Commission decision 2002/2/EC of 20 December 2001.
We retain personal data only for as long as necessary to achieve the purpose for which such personal data was collected, unless a different retention period is required under applicable law. We also retain personal data for as long as you have your account, or as long as is needed to be able to provide the services or products to you, or (in the case of any contact you may have with our Guest Education Centre) for as long as is necessary to provide support-related reporting and trend analysis. If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, lululemon may also keep personal data as required, after an account is closed or is no longer necessary to provide services. Unless otherwise required by applicable law, lululemon will take reasonable steps to destroy or permanently de-identify personal data it holds if such personal data is no longer needed for the purpose for which it was collected.
Please note that our websites contain links to third-party websites that are not controlled or operated by lululemon. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that lululemon does not accept any responsibility or liability for these policies.Please review these policies before you disclose any personal data when visiting such third-party websites.
Subject to certain limitations and exceptions, you have the following legal rights regarding our processing of your personal data:
A right to obtain information:You have the right to request information about how we process your personal data.
A right of access:You have the right to request access to, or a copy of, the personal data we process about you.
A right of rectification: You have the right to request that we correct or supplement inaccurate or incomplete personal data we process about you.
A right of erasure: You have the right to request that we delete personal data about you.
A right to restriction of processing: You have the right to request that we restrict processing of your personal data, so that we can store such data but not otherwise process it.
A right to data portability: In certain circumstances, you have the right to request that we provide the personal data which you provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit such data to another controller without hindrance from lululemon.
A right to object to processing:You have the right to request that we stop processing personal data about you. For example, when your personal data is processed for email marketing purposes, you have the right to object to such processing at any time by clicking on the “unsubscribe” link at the bottom of such marketing communications.
A right to revoke your consent: When our processing is based on your consent, you have the right to revoke such consent at any time.
The right to file a complaint:You have the right to file a complaint regarding our data protection practices with a supervisory authority. You can do so by contacting your country’s supervisory authority.
If you would like to exercise any of these rights or if you have any questions or enquiries relating to our privacy practices or procedures, you may write to the Privacy Officer at the addresses provided below.
Questions or Comments
Correct as of 24th May 2018