General terms and conditions
1. Scope
1.1 These general terms and conditions (the "GTC") govern the contracts of sales entered into between Thepalmwear ("Thepalmwear") and its customers (the "Customer" or "you") purchasing products (the "Products") sold via web shop "https://thepalmwear.com/" (the "Site") operated by Thepalmwear.
1.2 Further information about Thepalmwear can be found on the Site in the FAQ section: https://thepalmwear.com/pages/faq.
2. Conclusion of Contract
2.1 The presentation of the Products and the indications of prices on the Site do not constitute legally binding offers but are non-binding invitations to place an order. 2.2 The Customer's order is an offer to purchase the Products listed in his/her order (the "Order"). All Orders are subject to acceptance by Thepalmwear. 2.3 The formation of a contract of sale between Thepalmwear and the Customer (the "Contract") will take place upon the Customer's receipt of the Purchase Confirmation. The Purchase Confirmation shall determine the relevant subject matter and extent of the Contract, also where the Customer paid the Products in advance. 2.4 Thepalmwear shall have the right to refuse an Order as well as to cancel or not to carry out confirmed Orders at any time without providing any reasons and with no liability to Customer or any third party. If Customer has already paid for such Products, Thepalmwear will refund Customer the full amount without any interests and will not incur further liability to Customer. 2.5 If Thepalmwear does not accept an Order within ten (10) business days, the Order is deemed to have been refused. 2.6 Customer acknowledges that the Product’s sales prices are subject to change. In such cases, Customer may refuse the delivery of such Products and Thepalmwear shall refund the purchase price for such Products, if already paid, without any interests. 2.7 Modifications or cancellations of an Order required by the Customer are only valid if confirmed by Thepalmwear in writing.
3. Price and terms of payment
3.1 Prices payable by Customer are those in the indicated currency and in effect at the time of acceptance of the Order by Thepalmwear. 3.2 Prices indicated on the Site include value added tax but exclude shipping costs (where applicable) and import duties (where applicable). Further information regarding the shipping can be found on the Site in the FAQ section: https://thepalmwear.com/pages/faq. 3.3 Thepalmwear reserves the right to change, limit or terminate any special offers or discounts at any time. 3.4 Payments may be made by the methods indicated during the checkout process (credit card, Apple Pay, PayPal, etc.). 3.5 Thepalmwear reserves the right to verify credit or debit card payments prior to acceptance. 3.6 In case of default in payment, Thepalmwear shall be entitled to suspend all, or parts of, further deliveries to the Customer without further notice.
4. Delivery
4.1 Delivery methods and expected delivery time of Products are indicated on the Site in the FAQ section: https://thepalmwear.com/pages/faq. 4.2 Delivery dates indicated by Thepalmwear shall only be non-binding estimates. Should a delivery be delayed beyond the dates explicitly confirmed by Thepalmwear in writing, Customer shall set a grace period of at least fifteen (15) business days. After expiry of such grace period, Customer may withdraw from the respective Order. 4.3 Thepalmwear shall be entitled to partial deliveries. 4.4 No warranty is being given for all technical data and information regarding the delivery. 4.5 Should Customer notice that at delivery the ordered Products have been damaged during transport, the Customer shall immediately notify the carrier and contact Thepalmwear’s Customer service under kristyna.palm@outlook.com.
5. Risk and retention of title
5.1 Unless agreed otherwise, the risk of loss or damage to the Products will pass to Customer upon formation of the contract between Thepalmwear and the Customer. 5.2 All Products will remain the property of Thepalmwear until Customer has paid all amounts in full.
6. Information regarding the Statutory Right of Withdrawal (EU/UK Customers)
6.1 General Information: You have the right to withdraw from the Contract within 14 days (the “Notice Period”) from the day on which you, or a third party designated by you, took possession of the Products without giving any reasons. To exercise your right, notify us via e-mail: kristyna.palm@outlook.com. You may also refer to our contact information here: https://thepalmwear.com/policies/privacy-policy. 6.2 Consequences of withdrawal: If you withdraw, we will refund all payments received from you, including delivery costs (except additional costs for non-standard delivery), within 14 days of receiving your notice. We will use the same means of payment as you used for the Order. We may withhold the refund until we have received the Products back. You are required to return all Products within 14 days from the day you submit your notice. 6.3 Exclusions: The right of withdrawal is excluded for goods made to the consumer’s specifications or clearly personalized.
7. Return and Exchange
7.1 Without prejudice to statutory rights, Customer may cancel a Contract and return any Product to Thepalmwear for any reason, provided that Customer notifies Thepalmwear in writing within thirty (30) calendar days of the delivery date. 7.2 To initiate the return process, Customer must follow the process as described in the FAQ section: https://thepalmwear.com/pages/faq. 7.3 The Products must be returned in their original condition: unused, undamaged, clean and in the original packaging. 7.4 Once the returned Product is received at our warehouse, any sum debited will be refunded within thirty (30) calendar days.
8. Limited Warranty
8.1 For defects resulting from production or material errors, Thepalmwear shall provide the customer with a replacement product free of charge. Product information (descriptions, images etc.) does not constitute any guarantee of certain properties. 8.2 To exercise a warranty claim, the customer must contact kristyna.palm@outlook.com with order details and evidence of the defect. The warranty does not extend to normal wear and tear, improper use or damage caused by the customer.
9. Limitation of Liability
9.1 Thepalmwear shall only be liable for direct damages and only if gross negligence or unlawful intent is proven. Liability shall be limited to the purchase price of the relevant Product. 9.2 Any liabilities for indirect or consequential damages (loss of profits, etc.) are explicitly excluded.
10. Data protection
10.1 Thepalmwear complies with all data protection laws and will use personal data of the Customer only as set out in the Privacy Policy: https://thepalmwear.com/policies/privacy-policy.
11. Miscellaneous
11.1 The Contract language is English. 11.2 Thepalmwear may transfer or assign its rights and obligations under these GTC. Customer may not transfer rights without written consent. 11.3 Failure by Thepalmwear to enforce any provision shall not be construed as a waiver. 11.4 Thepalmwear shall not be liable for delays due to reasons beyond its control (force majeure). 11.5 If any provision is found invalid, the remaining provisions remain in effect. 11.6 Thepalmwear reserves the right to modify these GTC. The GTC in force at the time of the Order shall apply.
12. Applicable law and jurisdiction
12.1 These GTC shall be governed by the laws of the jurisdiction where Thepalmwear is registered, without prejudice to mandatory consumer protection laws in the Customer's country of residence. 12.2 All disputes arising in connection with the contractual relationship shall be submitted to the competent courts of the location of Thepalmwear's registration or the Customer's place of residence, as applicable by law.