General conditions

General provisions - scope

These general terms and provisions (hereinafter: the "terms") govern your use of American Outfitters or AO or AO76(hereinafter:  "American Outfitters", "AO", "we", and/or "us") websites (hereinafter: our "site" or "sites") and the purchase by you of any products and services through the site. These terms are an integral part of any contract entered into between you and ACTION WEAR IMPORT-EXPORT NV/SA (registered at the Crossroads Bank for Enterprises under the number 0423.635.721, with registered seat at 9810 Nazareth, Drapstraat 21) through your use of the site. ACTION WEAR IMPORT-EXPORT NV/SA can be reached by phone 0032 9 382 80 20 or email customercare@ao76.com.

Please read the terms carefully before placing any orders on the site, and keep a copy of the terms for future reference and use. These terms are only available in English. Given the fact that we may modify the terms from time to time, we invite you to read the terms and check back often. If you do not agree to any change to the terms, you must immediately stop using the site. Changes to the terms will not affect orders placed in the past.

Registration – account

To buy products and services through the site and/or to use some of the services made available to you on the site you need to register. When you register, you are required to provide information about yourself that is true, accurate, current, and complete. If any of your registration information changes, please notify us at the following email address: customercare@ao76.com or update your account via the site. To validly register, you need to be of age in the country where you are residing and possess full legal capacity.

Registration opens an account on your name. Your account password should be unique and kept secure. You must notify us immediately of any breach of security or unauthorized use of your account, it being understood that we cannot be held liable in case of unauthorized use of your account. Your personal data will be collected and processed in accordance with our privacy policy, available under the “Privacy” heading below.

Purchases

To make purchases on the site you will be required to provide payment details. You warrant that these details are valid and correct and you confirm that you are the person referred to in the invoicing information provided.

To purchase, you will be required to use a credit card or debit card issued by a bank acceptable to us and to authorize us to process a charge or charges on your credit or debit card for the amount of the total price of the products purchased by you. We reserve the right to limit/restrict multiple quantities of a product being shipped to you or your address.

By purchasing products, you give us permission to perform credit checks and to transmit or to obtain information about you to or from third parties, such as credit reports, to authenticate your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use personal data provided by you in order to conduct appropriate anti-fraud checks and that we disclose personal data provided by you to a credit reference or fraud prevention agency, which may keep a record of that information.

Orders

All orders are subject to availability, and products in your shopping cart are not reserved and may be purchased by other users of the site. We will therefore not be liable, and you will not have any remedy, if any ordered product is no longer available. In that case we will inform you of the unavailability, and you will receive a refund of the amount we are unable to ship. 

Once your order has been placed, you will receive an email with the details thereof, including the order date, the products ordered, the total price (including costs for shipping the products), and the delivery address. This email is not an acceptance of your order. Acceptance of your order occurs when we email you to confirm the products have been dispatched.

We reserve the right not to accept your order if, for example, shipping restrictions prohibit shipment of a particular product, we cannot obtain authorization for payment, or if the product is out of stock or is withdrawn. We will not be liable to you or any third party by reason of us refusing to accept an order.

Prices

All prices on the site are in euros and are, if applicable, inclusive of VAT at the applicable rate. All prices and offers remain valid as advertised from time to time. Except in cases of error, we will honour the price of a product displayed on the site at the time you place your order.

Shipping costs and any extra import duty or tax costs shall be paid by you, and are not included in the price of a product displayed on the site.  As regards the shipping costs, these costs vary in function of the type and quantity of the purchased products, and the delivery mode chosen. You can consult the amount of these costs on the site during the order process. As to the import duty or tax costs, we suggest you contact your local customs authority to determine any duty or tax costs prior to purchasing the products.

If your credit or debit card is not denominated in euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Payment

Payment can be made by the methods advertised on the site. Payment will be debited from your account upon our acceptance of your order by us. You confirm that the credit or debit card that is being used is yours or that you have been specifically authorized by the owner of the credit or debit card to use it. All credit or debit card holders are subject to validation checks and authorization by the card issuer.

We do our best to make our site secure. All credit or debit card transactions on this site are processed using Ogone. We will securely store your credit or debit card details on our systems. These details will be encrypted and only used to process card transactions which you have initiated.

Furthermore, we take reasonable care to keep the details of your order and payment secure. However, unless such unauthorized access is due to our negligence, we cannot be held liable for any loss you may suffer if a third party obtains unauthorized access to any data you provide when accessing or ordering from the site.

Delivery

We insure each product during shipment, and this until it is delivered to your delivery address. Upon delivery, we require a signature for any products delivered. After that, responsibility for the purchased products passes to you. If you have requested delivery to a recipient who is not you, you accept that the recipient's signature is evidence of delivery by us, and transfer of responsibility in the same way.

On delivery, you must verify the products, and notify us of any visible defects or shortages within two months after delivery of the products.

We strive to dispatch all orders within 48 hours, or 72 hours during sale periods. Delivery times are to be used as a guide only and commence from the date of shipment. We are not responsible for any delays caused by third parties, such as custom authorities.

Returns and Exchanges

You have the right to cancel your purchase without penalty and without giving any reason under the provisions on distance contracts of the Belgian Code of Economic Law of 28 February 2013. However, if you decide to cancel your purchase under those provisions, the costs for shipping any products to us are at your expense/will be charged to you.

To cancel your purchase under those provisions (1) you should notify us thereof within 14 calendar days after the day of receipt of the products, (2) the products must be unused, not damaged, not soiled and in their original packaging, (3) all tags and labels must still be attached to the products (where provided, authenticity cards, dust bags, and leather tags should be included in the return shipment), and (4) you should send the products back to us.

Notice of purchase cancellation can be given through the form available at the bottom of these terms, or through an unambiguous declaration addressed to customercare@ao76.com or one of the contact means above. From the day on which you communicate your decision to withdraw to us, you will have 14 calendar days to send the product back. Products must be sent back to us at the following address: ACTION WEAR IMPORT-EXPORT NV/SA, Drapstraat 21, 9810 Nazareth, Belgium.

Given the fact that you are under a duty to take reasonable care of the products and that you will be liable for any damages to the products, we recommend that you obtain evidence of sending the products back to us and that you insure the return shipment. If we do not receive the cancelled order back, we will have it collected from you at your cost.

We will issue you a refund for any amounts already paid by you for any purchase cancelled under the above conditions. The original shipping cost of the order (basic shipping rate) will be refunded. If you opted for specific shipping, such additional cost will not be refunded. The cost of shipping the products back to us, will not be refunded. Refunds will be issued within 14 calendar days after we received your notice of purchase cancellation.

Defective products

You benefit from a legal warranty for any defect in products purchased by you if it appears within two years from delivery. Products are considered to be defective if they are received damaged or where a manufacturing fault occurs within six months of purchase.  We shall in no event be liable for any defect in a product that occurs more than two years after the product has been delivered. Products that are damaged as a result of normal wear and tear or as a result of your actions are not considered to be faulty or defective.

You must inform us in writing of your intention to invoke the legal warranty at the latest within two months from the day you discovered the defect.

We have made every effort to accurately display the colours of our products that appear on our site.  However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will completely match the actual colour. Accordingly, if your monitor's display of any color does not entirely match the actual color, this will not be considered as a defect in the products.

If you would like to exchange a defective product instead of obtaining a refund, note that we can only replace it for the same product in the same size, and this only if such replacement product is available. If possible, we will offer to repair defective products. If it cannot be repaired or the same product is not available, you are entitled to a refund.
Nothing in this article is intended to affect the rights you may have under the relevant provisions on the sale of consumption goods.

Intellectual property rights and use of this site and its content

Your use of the site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the site and its contents, including graphics, photographs, images, sounds, music, video, audio, text, ACTION WEAR IMPORT-EXPORT NV/SA's software, and all HTML and other code contained in this site. All such content is protected by intellectual property laws. You are permitted to use the site and its content only as expressly authorized by us. Any unauthorized reproduction or redistribution of the site and its content is prohibited and may result in civil sanctions and criminal penalties.

We try to ensure that the information on this site is accurate and complete but cannot guarantee this. We do not guarantee that the site or the content will be error free or that this site, the content or the server that makes it available are free of viruses or other harmful components. We recommend that you ensure you have up to date anti-virus software installed.

This site is for your personal non-commercial use only. You may not copy, distribute, modify, transmit, perform, display, reproduce, publish, license, create derivative works from, transfer, sell or otherwise commercially exploit any software, products, services or other content contained within this site. You may not use this site, or its content for any commercial purposes, including for any advertising or advertising revenue generation activity on your own site.

You agree that you will be personally responsible for your use of this site. If we determine that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms, we may deny you access to this site.

We may put links on this site to other websites or resources operated by third parties. We have not reviewed all of the sites linked to this site and we are not responsible for the content or accuracy of any other websites or resources operated by third parties nor are we responsible for the availability of such websites or resources. We are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on such content or products or services available on such websites or resources.

Liability

Unless in case of death or personal injury or in case of serious or intentional fault of us or our employees and agents, we shall:
- Not be liable for indirect losses such as, but not limited to, loss of profits.
- Only be liable for losses up to the total value of products purchased.
In no event shall we be liable for failure to meet any of our obligations under the terms if such failure is due to events beyond our control.

Privacy

When using the site or making purchases on the site, you will be required to provide personal data about yourself.

The personal data you provide is collected and processed by ACTION WEAR IMPORT-EXPORT NV/SA (Drapstraat 21, 9810 Nazareth) to provide you with the services and/or products you requested from us. ACTION WEAR IMPORT-EXPORT NV/SA shall not disclose your personal data to third parties.

You have the right to consult and, if necessary, rectify or remove your personal data. To do so, we invite you to review your account, and to submit any desired change or deletion through the “edit” button. We will amend your data as soon as possible based on your request and the information you provide us. If you wish to receive information about our products and services, please subscribe to our newsletter.

Cookies

ACTION WEAR IMPORT-EXPORT NV/SA uses cookies to improve your user experience on our website, in line with this cookie policy. This policy aims to provide you with information about cookies, how we use them on our sites. As these cookies are merely functional, consent is not required.

Applicability

This cookie policy is applicable to the following website: http://ao1976.com/ and http://ao76.com.

What are cookies?

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another. A cookie contains a unique number or value and does not contain any personal data.

How to control cookies

You can control and/or delete cookies as you wish – for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.

Cookies overview

Name Domain Function Validity
Strictly Necessary
SESS... ao1976.com
ao76.com
It enables the site to maintain an anonymous user-id to track unique users within a session without them logging in or otherwise identifying themselves. 10 weeks
Performance
_ga ao1976.com
ao76.com
This cookie is used to distinguish unique users by assigning a randomly generated number as a client identifier. It is included in each page request in a site and used to calculate visitor, session and campaign data for the sites analytics reports 2 years
_gat ao1976.com
ao76.com
it is used to throttle the request rate - limiting the collection of data on high traffic sites. It expires after 10 minutes. 10 minutes
has_js ao1976.com
ao76.com
Tracks whether your browser supports Javascript 30 seconds

If you have questions in relation to cookies, please contact us at the following email address:  customercare@ao76.com

No Waiver

No failure or delay on our part in exercising any right hereunder operates as a waiver of, or impairs, any such right. Therefore, if you breach the terms and we fail to take action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the terms.

Severability

Any provision of the terms that is prohibited, illegal, invalid, or unenforceable does not affect the validity and/or legality and/or enforceability of any other provision of the terms.

The parties will negotiate in good faith to replace the prohibited, illegal, invalid or unenforceable provision by a legal, valid and enforceable provision that reflects, as nearly as possible, the rights and obligations contained in the provision to be replaced.

Governing law

The terms and the rights and obligations resulting from the sale of products through the site will be governed by and construed in accordance with the relevant laws of Belgium. The courts of Belgium will have jurisdiction over any dispute with respect to the terms and the rights and obligations resulting from the sale of products through the site.

(last updated on 29/07/2016)

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of ACTION WEAR IMPORT-EXPORT NV/SA (registered at the Crossroads Bank for Enterprises under the number 0423.635.721) 9810 Nazareth, Drapstraat 21,  customercare@ao76.com:


-I/we (*) hereby give notice that I/we (*) withdraw from the contract of sale of the following goods (*) / provision of the following service (*)


-Ordered on (*) / received on (*)


-Name of consumer(s)


-Address of consumer(s)


-Signature of consumer(s) (only if this form is notified in writing)


-Date


 (*) Delete as appropriate.