FJÄLLRÄVEN RETAIL CANADA
The following terms and conditions, along with any documents expressly incorporated by reference (collectively “Terms”) are entered into by and between you and Fjällräven Retail Canada LLC (“Fjällräven,” “we,” “us,” “our”) and govern your access to and use of the Fjällräven family of websites, mobile sites, services, applications, tools, and platforms (collectively, “Site(s)”) where these Terms are posted or linked, including https://www.Fjällräven.com/ and https://www.hanwag.com/. These terms apply to your use of the Sites, including any content, functionality, and services offered on or through our Sites, whether you are a guest or a registered user, and to all orders you place through our Sites.
BY USING OUR SITES OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM OUR SITES, YOU AGREE TO ACCEPT AND BE BOUND BY THESE TERMS. YOU MAY NOT USE THE SITES IF YOU DO NOT AGREE TO THESE TERMS.
- Our Sites are intended for users who are thirteen years of age or older.
- We reserve the right to amend these Terms from time to time without prior notice to you. All changes are effective immediately when we post them, and your continued use of the Sites after we post revised Terms will constitute your acceptance of and agreement to such changes. You should review these Terms each time you use one of our Sites. In the event we make material changes to these Terms, we will let you know by posting a prominent notice on the Site(s) or by sending you an email, or other similar method of contacting you.
- The Sites are for North American residents, and the governing language of these Terms is English. Access to our Sites may not be legal by certain persons or in certain countries. If you access the Sites, you do so on your own initiative and are responsible for compliance with local laws.
- You may create an account to facilitate your use of our Sites. Your account is personal to you, and if you choose, or are provided with, a username, password, or other credentials to create an account, you must treat such information as confidential and must not disclose it to others. You are responsible for all activity that occurs through your account. You agree to notify us immediately of any breach of security or unauthorized access to or use of your account.
- Site Content
- Our Sites and all content featured on the Sites, including illustrations, photos, clothing and other product designs, icons, navigational buttons, images, artwork, graphics, so called “look and feel” of the content, photography, text, audio and video clips or other information, materials, software code, and the like, (collectively, “Content”) is owned by Fjällräven, its affiliates, or its or their licensors and is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved. We may update or remove the Content or portions of the Sites from time to time.
- Our Sites and the Content are intended solely for your personal, noncommercial use. Any use other than as permitted by these Terms is prohibited. You shall not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of Content, Site, or related software; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display the Sites or Content by using framing or similar navigational technology; (d) change or delete any proprietary notices from materials downloaded from the Sites or Content; or (e) upload onto the Sites or otherwise transmit to or through the Sites, any materials, content or images that may cause any harm to any person or that are illegal or otherwise unlawful, including any Trojans, viruses, malware, or other harmful code.
- You may download or electronically copy and print, or forward via email, Content displayed on our Sites for your personal, noncommercial use, but doing so does not transfer any right, title or interest in those materials to you. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the Content contained on the Sites.
- The Sites may include content or links to other sites provided by third parties, including advertisements and sponsored links or materials provided by other users. All third-party sites, statements or opinions, and other content, other than the Content provided by Fjällräven, is provided solely for your convenience. We are not responsible or liable to you or any third party, for the content or accuracy of materials, sites, or other resources provided by any third parties, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third‑party content or sites through the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party sites and materials.
- The Sites may contain email services, product reviews, or other message or communication facilities designed to enable you to communicate with others (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are appropriate.
- We reserve the right to terminate your access to the Sites and the Communication Services at any time, without notice, for any reason.
- Fjällräven has right, but not the obligation, to monitor the Sites or Communication Services. We have the right to review, edit, or remove content, materials, or links provided by you or third parties through the Sites. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
- Fjällräven and its affiliates are the sole owners of the Fjällräven family of trade names, trademarks, logos, service marks, and other marks of indicia, including FJÄLLRÄVEN and HANWAG. All trademarks and service marks used on the Sites not owned by Fjällräven are the property of their respective owners. Nothing on the Sites or in these Terms should be construed as granting any right or license to use any trade names, trademarks or service marks without express prior written consent of the owner.
- All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of the Sites (collectively, “Comments”) shall be the exclusive property of Fjällräven. Your disclosure, submission or offer of any Comments constitutes, and you hereby assign and grant, an absolute assignment to Fjällräven of all worldwide rights, titles and interests in and to the Comments and all copyrights and other intellectual property rights therein. You hereby waive all moral rights in any Comments in favor of Fjällräven. Fjällräven shall not be limited in any way in its use, commercial or otherwise, of any Comments, and may use, or decline to use, any Comments without further obligation or payment to you. We may, but are not obligated to, at our option and in our sole discretion, use, post, distribute, critique, quote from, respond to, characterize, or refer to your Comments or any portion thereof in whole or in part. You are and shall remain solely responsible for the content of any Comments you offer or submit.
- Ordering and Delivery
- Only persons over eighteen years of age may place an order. You represent and warrant that you are buying products or services from the Sites for personal or household use only, and not for commercial, self-employed activity, resale or export.
- It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) with regard to the receipt, possession, use, and sale of any item purchased from the Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Each order you submit constitutes an offer to purchase merchandise from us. Orders are subject to our acceptance in our sole discretion. Shortly after your order has been confirmed on the Site, you will receive an order confirmation email with the details of your order. This email confirmation indicates that your order has been received but does not constitute acceptance of your order. We will indicate our acceptance by dispatching the ordered product to you. In many cases, you can check the status of your order at any time by signing into your account or checking the applicable Order Status page.
- If for any reason we are unable to fulfill your order, we will let you know at our earliest opportunity. We will refund processed payments for orders we are unable to fulfill using the payment method that you chose.
- Orders submitted on weekends and public holidays will be processed no earlier than the following business day. We strive to keep processing and delivery time as short as possible, and we aim to deliver your order within the estimated timeframes provided on our Sites, but delays can occur. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Title and risk of loss pass to you upon our transfer of the products to the carrier.
- We reserve the right, with or without prior notice, to: (a) limit the available quantity of or discontinue any goods or services; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all transaction(s); and (d) refuse to provide any user with any product or service.
- Please read the information on our Shipping, Delivery, and FAQ webpages applicable to the items in your order for more details and shipping methods.
- Prices; Taxes
- All prices, discounts, and promotions are subject to change without notice. The price for a product or service will be the price in effect at the time the order is placed, as set out in your order confirmation email. Prices in stores, in catalogues, and online may deviate from each other.
- We make every effort to ensure that price, availability, and item information is correct, but inadvertent errors may occur. We reserve the right to correct errors at any time and to cancel orders resulting from errors.
- Posted prices do not include taxes or charges for shipping and handling, and such charges will be added to your merchandise total and itemized in your order confirmation. You are responsible for any taxes that may be applicable to your transactions.
- If you wish to purchase any goods or services through the Sites, you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION THROUGH THE SITES. You further represent and warrant that (a) the credit card or other payment information that you provide is accurate and complete, (b) charges incurred by you will be honored by your credit card company or other payment institution, and (c) you will pay charges incurred by you at the posted prices, including shipping and handling, and applicable taxes.
- You acknowledge and agree that we may use third-party payment processors, or other third-party service providers, in order to process your payment information and fulfill your order. By submitting such information, you grant to Fjällräven the right to provide such information to third parties for purposes of facilitating the completion of any order or other transaction initiated by you or on your behalf.
- Payment is subject to validation and authorization by both the card issuer/credit company or payment processor and Fjällräven to maintain security and to prevent fraud. Payment information is sent through encrypted servers.
- Product Presentation and Information; Cancellation and Returns
- We strive to be very thorough in our product descriptions, images, and colors, but errors may occur. We cannot guarantee that product colors are reproduced completely accurately, and how you see the colors depends on your device, internet browsers, and the settings you use. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience only. The inclusion of any products or services on the Sites does not guarantee that these products or services will be available.
- If you believe that a product description or image is not accurate, you are entitled to return it according to our return policy. If you change your mind or are not completely satisfied with any item(s) you purchase, you may cancel your order by giving us written notice if it has not yet been processed, or if your order has been processed, you may return your unused items in the condition in which you received them within the period of time specified on the Returns webpage associated with the items that you purchased. We do not accept returns for any used items.
- Except for any products designated on the Sites as final sale or non-returnable, we will accept returns for a refund of your purchase price, less the original shipping and handling costs (unless otherwise expressly stated), provided that products are returned in their original condition with valid proof of purchase according to the policies stated on our Returns webpages.
- Please review the Returns and FAQ webpages associated with the items that you purchased for our return policies and more information. For defective product returns, please refer to our Defects and Warranty policies, in Section 7, below, and the policies included with the product or detailed in the product’s description on our Sites.
- Defects; Warranty
- We provide a limited warranty against manufacturing defects to the original purchaser with valid proof of purchase. Our warranties are only valid on products purchased from our Sites. For goods purchased in the store, through resellers, or on other Sites, all warranty issues should be directed to and handled by the respective place of purchase specified on your receipt.
- Our warranties do not cover issues due to misuse, accidental damage, wear and tear, stains, dirt, discoloration, fading, modifications or unauthorized repairs, failure to follow product instructions, or combination or use with any products or materials not provided or authorized in writing by us. We are not responsible for damage during transit. In the event of that visible damage occurs in transit, please report it directly to the carrier that delivered the parcel to you.
- We may offer different warranty policies for different products. Please refer to the documentation we provide with the product, and the Warranty, Returns, and FAQ webpages associated with the product for more information and details.
- In the case of an authorized warranty claim consistent with our policies, we may, in our discretion, issue a repair, replacement, or refund, and we will reimburse the return shipping costs. We do not perform non-warranty related repairs or alterations.
- WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO FROM THE DATE OF PURCHASE STATED ON YOUR RECEIPT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NEITHER PERFORMANCE, OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- THE PRODUCT REMEDIES DESCRIBED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF OUR LIMITED WARRANTIES.
- You agree to defend, indemnify and hold Fjällräven, its affiliates, and its and their officers, directors, employees, agents, representatives, service providers, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys’ fees, arising from or related to your use of the Sites, your breach or alleged breach of these Terms, your unauthorized use of the Content, or your violation of any applicable laws or the rights of any other person or entity.
- Limitation of Liability
- Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our gross negligence or willful misconduct.
- IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FJÄLLRÄVEN AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FJÄLLRÄVEN, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, UNDER ANY LEGAL THEORY.
- YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. FJÄLLRÄVEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- You understand that we cannot and do not guarantee or warrant that files or Content available for download from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for reconstruction of any lost data.
- The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
- These Terms are effective unless and until terminated by either party. Fjällräven may terminate this agreement at any time, without notice, for any reason. Upon termination of these Terms by either you or Fjällräven, Fjällräven may deny you access to the Sites, and you must promptly destroy all materials downloaded from the Sites, as well as copies of such materials.
- Section 1 (General), Section 2 (Site Content), Section 7 (Defects; Warranty), Section 8 (Indemnification), Section 9 (Limitation of Liability), Section 10 (Termination), Section 11 (Compliance with Law; Right to Provide Data), and Section 12 (Final Provisions) shall survive any termination or expiration of these Terms.
- Compliance with Law; Right to Provide Data
- You represent, warrant and covenant that in accessing and using the Sites you shall comply with all applicable laws, rules, regulations and by-laws of the United States or the country in which you reside, including, without limitation, those relating to the internet, data, email, privacy and the transmission or exporting of data from or to the United States or the country in which you reside.
- You represent and warrant that you have the right to provide and use all information, content, and data that you provide to the Sites. You are responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of personal information and other information, content, and data under you control or in your possession.
- Final Provisions
- We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event that is beyond our reasonable control. Such events include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, riots, lockouts, terrorist attacks, pandemics, epidemics, quarantines, or industrial action affecting us or our suppliers.
- You will not assign any of your rights or obligations under these Terms without our prior written consent, and any purported assignment or delegation in violation of this Section is null and void. Fjällräven may assign its rights and duties under this Agreement to any party at any time without notice to you.
- We may provide notice to you under these Terms by posting the notice to our Sites or by email to the email address that you provide. It is your responsibility to keep your email address current.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the indemnified parties in Section 8.
- All matters relating to the Sites and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Colorado and any disputes that may arise shall be subject to the exclusive jurisdiction of the appropriate courts located in the state of Colorado. You hereby waive any and all objections and irrevocably and unconditionally consent to jurisdiction in such courts and venue.
- If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the other provisions of these Terms shall continue to apply in full force and effect.
Please direct all comments, concerns, or inquiries to:
Fjällräven Retail CA LLC
1795 Dogwood St.
Louisville, CO 80027
Authorized Representative: Nathan Dopp
Telephone: (303) 996-3737