In the following we would like to present to you our Terms and Conditions ("T&C"), which apply to all orders you place on https://tierra.com. By using our website or placing an order, you agree to our T&C.
I. GENERAL
Your contractual partner when ordering from our online store is the Swedish company Fenix Outdoor E-Com AB, Brogatan 141, 894 35 Själevad, Sweden ("we"/"us").
The offers on our website are directed exclusively at consumers who conclude the purchase for a purpose that cannot be attributed to their commercial, business, craft or professional activity. Traders are not entitled to place orders. Furthermore, only persons of legal age may place orders with us.
II. ORDER AND CONCLUSION OF CONTRACT
The presentation of the goods on our website is only a non-binding invitation to you to submit an offer to purchase the goods.
To place an order, you must first place the goods you have selected in the virtual shopping cart. From there, you will be taken to the virtual checkout, where you will be asked to enter your delivery address and choose the desired shipping and payment method. By clicking the "Buy now" button you conclude the order process and submit a legally binding offer to purchase the goods in the shopping cart.
Before doing so, you should carefully read through the information you have provided. You can correct possible input errors by clicking the "Edit" button in the order overview until you have completed the ordering process by clicking the "Buy now" button. After completing the order process, we will send you a confirmation of receipt of your order to the e-mail address you provided.
We may accept your offer within five business days after completion of the order process, (a) by sending you the shipping confirmation by e-mail, in which case the receipt of the shipping confirmation shall be decisive, or (b) by delivering the ordered goods to you, in which case the receipt of the goods shall be decisive, or (c) by requesting payment from you after you after you completed the order process.
In the event that several of the aforementioned alternatives occur, the contract shall be concluded as soon as one of the alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is submitted by you and ends at the end of the fifth day after the offer is sent. If we do not accept your offer within this period, this shall be deemed to be a rejection of the offer and you shall no longer be bound by your offer.
The contract is concluded exclusively in the English. The contract text will be stored by us and sent to you together with the T&C by e-mail. In addition, the text of the contract is archived on our website and can be accessed by you at any time free of charge via your password protected customer account, provided that you have created a customer account in our online store and were logged in before submitting your order.
You will receive an invoice in connection with the shipping confirmation.
III. PRICES AND PAYMENT METHODS
The prices stated on our website at the time of the order apply. All prices are quoted in Euro (EUR) and include the legally applicable value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
We do our best to ensure that the information provided on our website, especially the price information, is correct. However, we are not bound by any pricing, printing, or spelling errors if you realized or should have realized that the information was incorrect.
If you have a discount code, you can redeem it before submitting your order. To do this, simply enter the discount code in the designated field in the order overview of the virtual checkout. Please note that discount codes may be subject to certain conditions, which will be communicated to you in connection with the receipt of the discount code. If the discount code is valid, the corresponding amount will be deducted directly from the purchase price and the new invoice amount will be displayed.
For your payment, you can choose between the following methods, which we offer in cooperation with our payment service provider Adyen N.V., Simon Carmiggeltstraat 6 - 50, 1011 DJ Amsterdam, the Netherlands ("Adyen"):
Payment by card
You can pay for your ordered goods with a valid EC, credit or debit card (MasterCard, VISA credit card, VISA Electron or Maestro). To do this, enter the requested card information on the tab "Payment" in the virtual checkout and follow the instructions to authenticate your identity using the 3D Secure method.
When you place your order, your card will be checked for authorization. Once this process is completed, you will receive an email confirming that the order process was successful. The invoice amount will be debited only when the package with your ordered goods leaves our warehouse and is shipped.
If your payment is not authorized, you will receive an immediate notification on your screen that the payment/order was not successful. In this case there will be no costs for you. Please try another payment method.
Apple Pay
In case you order via an Apple device, you can pay for your ordered goods with Apple Pay. To do this, select the payment method Apple Pay in the virtual checkout on the tab "Payment". In order to use this payment method, you need to be registered with Apple, have activated the Apple Pay function and registered a payment card. When you place your order, a new window will open. Please follow the instructions to confirm your payment and authenticate your identity.
After that, your card will be checked for authorization. Once this process is completed, you will receive an email confirming that the order process was successful. The invoice amount will be debited only when the package with your ordered goods leaves our warehouse and is shipped.
If your payment is not authorized, you will receive an immediate notification on your screen that the payment/order was not successful. In this case there will be no costs for you. Please try another payment method.
IV. DELIVERY
The goods will be delivered to the address you specified during the ordering process. The goods are usually delivered within two to five business days after receipt of the shipping confirmation, unless otherwise agreed. Although we make every effort to deliver within the specified period, delivery may sometimes take a little longer due to unforeseen events.
You can find more information about the delivery, especially about the shipping method and the costs here.
If the shipping company returns the shipped goods to us because delivery to you was not possible, you shall bear the reasonable costs for the unsuccessful shipment. This does not apply if you effectively exercise your right of withdrawal, if you are not responsible for the circumstance that led to the impossibility of delivery, or if you were temporarily prevented from accepting the offered delivery, unless we had notified you of the delivery a reasonable time in advance.
In case of damage in transit, we kindly ask you to report all visible damage directly to the shipping company that delivered the package to you and inform us. If you do not comply with this, this will not affect your statutory or contractual claims for defects.
V. RIGHT OF WITHDRAWAL
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, or in case of partial deliveries, physical possession of the last goods.
To exercise the right of withdrawal, you must inform us (Fenix Outdoor E-Com AB, Brogatan 141, 894 35 Själevad, Sweden, Tel.: +46 (0) 771 601 601) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement via the contact form on our website. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, Fenix Outdoor E-Com AB, return center: Am Alten Flugplatz 5, 19288 Ludwigslust, Germany, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
Generally, you will have to bear the direct costs of returning the goods. However, from time to time we may offer free returns. You can always find current information here.
You are only 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.
VI. VOLUNTARY RIGHT OF RETURN UP TO 30 DAYS AFTER RECEIPT OF THE GOODS
In addition to your statutory right of withdrawal, we offer you to return the ordered goods to us up to 30 days after receipt of the goods. This voluntary right of return allows you to return your goods even after the 14-day withdrawal period has expired. If the 14-day withdrawal period has not yet expired, only the provisions set out above in section V. RIGHT OF WITHDRAWAL apply.
To be able to exercise the voluntary return right, your goods must be unused and complete. In addition, any labels or tags should be intact, and the original packaging should not have been damaged.
When exercising the right of return, you have the choice of being refunded the purchase price or exchanging the goods with a new size or color. Unfortunately, an exchange is not possible if you would like to have a product with a different item number or price instead. In this case you can simply have your return refunded by us and place a new order. Please note that the exchange item will not be shipped until your return has arrived at our warehouse. We reserve the right to refund if the exchange cannot be made at that time.
You can find details on how to return here. If you use the voluntary right of return, we will refund the purchase price and the shipping costs of the original purchase. Generally, you will have to bear the direct return shipping costs. However, from time to time we may offer to bear the return shipping costs. You can always find current information here.
VII. LIABILITY FOR DEFECTS
If the purchased goods are defective, the relevant statutory provisions for the liability for defects apply.
For the complaint of the defective goods, it is best to contact our customer service via our contact form or by phone +46 (0)660 490821 . Please note that our customer service only accepts complaints about goods that were purchased through our online store. If you have purchased your goods in a store or from a reseller, the warranty matter should be handled through the specific place of purchase indicated on your receipt.
In the case of an authorized claim, we will reimburse the return shipping costs. Please find more information on how to return a product here.
VIII. ASSIGNMENT
We reserve the right to assign or pledge to third parties any claims for payment arising and due in connection with the delivery to you.
IX. CUSTOMER ACCOUNT
You have the option to create a customer account on our website. This allows you to view current and past orders as well as manage your addresses. You can also subscribe to and unsubscribe from our newsletter via your customer account.
X. LIABILITY
We accept no liability for any indirect, consequential or economic loss, including but not limited to loss of profit, revenue, business opportunity or income, loss of goodwill or damage to reputation arising out of or in connection with these terms and conditions.
Nothing in these T&C shall exclude or limit our liability for death or personal injury suffered by you as a result of our negligence.
XI. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The design of this website and all text, graphics, information, content, and other material displayed on or downloadable from this website are protected by copyright, trademark and other laws and may only be used as permitted in these T&C or with our express prior written permission.
XII. ALTERNATIVE DISPUTE RESOLUTION
The European Commission provides an online platform for alternative dispute resolution. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. You can access the platform via the following link: http://ec.europa.eu/consumers/odr.
We are neither obliged nor willing to participate in a dispute resolution procedure of a consumer arbitration board.
XIII. APPLICABLE LAW
These T&C shall be governed by and construed in accordance with the laws of Sweden. Mandatory protective provisions of the law of the state in which you have your habitual residence remain applicable.
XIV. SEVERABILITY CLAUSE
The agreement with you remains binding in its remaining parts even if individual clauses are void. In place of the void clauses, the legal provisions, if any, shall apply. However, insofar as this would represent an unreasonable hardship for you or us, the contract as a whole shall become invalid.
XV. AMENDMENT OF THE T&C
From time to time we need to update our T&C. You can always find the latest version of the T&C on our website. Your order is subject to the T&C published on the website at the time of your order.
XVI. COMPANY INFORMATION
Fenix Outdoor E-Com AB Address: Brogatan 141, 894 35 Själevad, Schweden E-mail: ecom@fenixoutdoor.se Authorized representative: Martin Axelhed Commercial register: Swedish Companies Registration Office (Bolagsverket) Organisation number: 556080-3362 USt-ID: DE1707116583
