Users of the Services offered by Upmann acknowledge and accept these terms and conditions.
Owner of Upmann and related Services
23, rue de Koerich, 8437 Steinfort, Luxembourg
VAT Number: LU26 94 07 04
Information about Upmann
www.upmann.com is the official website of Upmann S.à.r.l., a men’s fashion brand. On the site, the User can find information about the brand and buy products online.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Upmann, that they upload and post on or through Upmann, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Upmann.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Upmann. The Owner is not responsible for the content provided by third parties or for its availability.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Upmann or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
Availability of products
Prices, descriptions, or availability of the products displayed are subject to change without notice. The photos posted are for representation purposes only and do not constitute a guarantee of the quality of the products.
The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered.
The Owner shall not be liable for damages suffered as a result of delays in delivery, which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
Right of cancellation
In case of purchase of products or services via Upmann, the User has the right to terminate the contract without specifying the reason, within 14 days. The cancellation period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of cancellation, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the listed contacts.
Effects of cancellation
Users who correctly cancel a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery offered, which would have incurred lower delivery costs) without undue delay and in any event not later than 14 days from the day on which the Owner is informed of the User’s decision to cancel the contract subject as provided below. Such reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement. The reimbursement may be withheld until the receipt of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which they have communicated the cancellation from the contract. The deadline is met if the User sends back the goods before the period of 14 days has expired. The costs of returning the goods is to be borne by the User. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Limitations on the right of cancellation concerning products
Damaged goods, or goods used in any way other than what is strictly necessary to establish their nature, characteristics and functioning, will not be replaced or refunded. The User shall place a copy of the delivery receipt in the package when returning the goods.
The right of cancellation does not apply to: goods that were made to the consumer’s specifications or clearly personalized or which, by their nature, are liable to deteriorate rapidly, are sealed and do not lend themselves to be returned for hygienic reasons or are related to health protection and were unsealed after delivery.
The User who buys as a consumer has the right to a guarantee of conformity for the purchased goods and services. The guarantee is valid for 24 months starting with the delivery of the goods. The notice for goods that aren't in conformity must be given to the Owner within 2 months of discovery.
To exercise the right of guarantee, the User must send an email to the Owner providing the order number and an accurate description of the defect (it is recommended that photographic material be attached).
All elements are essential and will be verified by the Owner before responding to the User.
Should the lack of conformity of the goods be established, the User has the right to obtain its repair or replacement, upon return of the defective goods to the Owner. The User also has the right to ask the Owner for a fair price reduction or termination of the contract if the repair and replacement prove impossible or prohibitively expensive, the Owner has failed to repair or replace the goods within a reasonable period, or replacement or previously carried out repairs have caused significant inconvenience to the User.
To exercise the right of guarantee and for more information regarding it, the User must contact the Owner.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Upmann and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Upmann or any portion of it;
- circumvent any technology used by Upmann or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Upmann;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Upmann or its content;
- rent, lease or sublicense Upmann;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- use Upmann in any other improper way that violates these Terms.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Upmann are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Upmann.
Limitations of liability
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of Upmann.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Upmann.
Users who continue to use Upmann after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Upmann must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner's information in this document.
The service provided by Upmann as described in these Terms and Conditions.
Any user of the Service, whether a human being or legal entity.
Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the Order.
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Example withdrawal form
Addressed to the Owner [using their complete contact info]: I/We (*) hereby give notice that I/we (*) cancel my/our (*) contract of the sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Date
Latest update: January 31, 2017