PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
Vibram S.p.A.(“Vibram”) appreciates your interest in our company and your visit to the website. The Web Site provides you with various shopping, e-commerce and community services (“Services”), access to content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), as well as access to interactive areas or community features, including without limitation discussion forums, blogs, that may allow you to submit user generated content, user reviews, suggestions, ideas, comments, concepts, know-how, techniques, via the Web Site or otherwise (“Contributions”). These Terms & Conditions (“Terms”) set forth the basic terms and conditions that govern your visit to and use of the Web Site, and your use of the Services, Content and Contributions. Please read them carefully, as your use of the Web Site constitutes your consent to be bound by these Terms. If you do not agree to and accept these Terms, please do not use the Web Site.
1 | Lawful Use. You may only use the Web Site in accordance with these Terms. In particular, but without limitation, you may not use the Web Site for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on the Web Site or otherwise provided by Vibram to you. Vibram reserves the right to refuse Services, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if your conduct is believed to violate applicable law(s) or is harmful to Vibram interests.
2 | Products. All features, specifications and prices of the products described or depicted on this Web Site, including those which may be available for purchase (the “Products”), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Vibram makes all reasonable efforts to accurately display the attributes of its Products and third parties products elected to display, including the applicable colors; however, the actual color you see will depend on your computer system and Vibram cannot guarantee that your computer will accurately display such colors. The inclusion of any Products in this Web Site at a particular time does not imply or warrant that these Products will be available at any time: Products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, Vibram may make changes in information about price and availability without notice. Any changes about price will not be effective if you have already placed an order. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
3 |Orders and Fees. You agree that all purchases are for personal use only and you are a consumer and not a reseller of products. All orders placed through this Web Site are subject to Vibram's acceptance. In the absence of acceptance by Vibram the order will not be considered binding and the agreement between you and Vibram will not be considered concluded. Vibram may refuse to accept or may cancel any order placed by others than consumers or not in compliance with these Terms. If for technical reasons one or more Products are no longer available, Vibram will promptly notify you, provided in any case the right to be refunded of the amount already paid. Vibram also may require verification of information prior to the acceptance and/or shipment of any order. If your credit card has already been charged for an order that is later cancelled, Vibram will issue you a refund. BY ORDERING OUR PRODUCTS THROUGH THIS WEB SITE YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT VIBRAM IS NOT REQUIRED AND WILL NOT ISSUE ANY INVOICE FOLLOWING THE PAYMENT, BUT A SIMPLE RECEIPT VALID FOR TAX PURPOSES. For all charges for any products purchased on this Web Site, Vibram will bill your credit card or alternative payment method offered by Vibram. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.
4 | Withdrawal and Return Policy. You have the right to withdraw from the contract without giving any reason and without incurring any costs within 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 Product. In the case of multiple Products ordered by you in one order and delivered separately 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 last Product. To exercise the right of withdrawal, you shall inform Vibram of your decision to withdraw from the contract. For this purpose you may either use the addresses and contacts which are listed in these Terms or use the model withdrawal form that you will find inside the package. Not later than 14 days from the day on which you has communicated your decision to withdraw from the contract, you shall send back the Products or hand them over to Vibram. You shall bear the direct cost of returning the Products. Vibram shall reimburse all payments received from you, without undue delay. Vibram shall carry out such reimbursement using the same means of payments as you used for the initial transaction, unless you have expressly agreed otherwise. You shall only be liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the Product and Vibram reserves the right to deduct from the refund the amount needed to repair the damages. Anyhow the right of withdrawal is excluded in respect of (i) Products customized; (ii) Products washed or used beyond the simple test; (iii) Products returned uncompleted or without the original packaging and/or of any element present in the same; (iv) Products tampered with.
5 | Legal Guarantee of Conformity. For any lack of conformity of the Products with the Web Site or/and the contract of sale, you are entitled to have the Products brought into conformity free of charge by repair or replacement provided however that the lack of conformity becomes apparent by two years after delivery of the Products and you report the lack of conformity to Vibram by no later than two months after the date on which you discovered it. You may require an appropriate reduction of the price or have the contract cancelled in one of the following situations: a) repair or replacement are impossible or disproportionate; b) if Vibram has not repaired or replaced the goods by a reasonable time; c) the replacement or repair carried out previously caused significant inconvenience. When determining the amount of the reduction or the sum to be refunded the use of the Products is taken into account. If the non-conformity is of only minor importance, for which it is impossible or disproportionate to complete the remedies of repair or replacement, you shall not be entitled to cancel the contract of sale.
6 | Content and Services. Content may not be copied for commercial use or distribution, nor may Content be modified or reposted to other sites. Access to and use of the Web Site is solely for your personal, non-commercial use. You may download, copy or print the Contents for your personal reference only. No right, title or interest in any of the Content is transferred to you as a result of any downloading, copying, printing or use of the Web Site. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download Content for personal, informational, and non-commercial purposes only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. For purposes of these Terms, the use of any Content on any other Web site or networked computer environment is prohibited. Services may only be used for the intended purpose for which such Services are being made available. You shall comply with all applicable laws regarding your use of the Content and Services.
7 | Accuracy of Information. Vibram attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. Vibram makes no representation as to the completeness, accuracy or currency of any information on this Web Site.
8 | Registration, Accounts, and Passwords. Accessing certain Services on the Web Site may require registration and the creation of an account. With the registration you represent and warrant that all personal data provided are complete, accurate and correct and you ensure that you keep updated your registration data. If you create an account on the Web Site, you agree to be responsible for maintaining the confidentiality of passwords or other account identifiers which you choose, and for all activities that occur under such password or account identifiers. Once the registration process is complete, you agree, to the extent permitted by applicable law, you are solely responsible for all activities that occur under your account and password. You agree to promptly notify Vibram of: (i) any loss of your password or account identifiers, and (ii) any unauthorized use of your password or account identifiers. Vibram will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.
9 | Contributions. You are solely responsible for any Contributions that you post via Web Site or otherwise, which is done at your own risk. Contributions remain the intellectual property of the individual user. By posting Contributions via Web Site or otherwise, you grant Vibram and each of its affiliates, subsidiaries, successors, licensees, assigns and retail partners (collectively “Vibram Parties”) a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, communicate to the public, modify, adapt, translate, publish, and display such Contributions in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign, and commercialize for any or all commercial or non-commercial purpose. Vibram Parties take no responsibility and assume no liability for any Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. You represent and warrant that any Contributions posted or stored are your own creations, are not copying the work of others or otherwise violate intellectual property rights, privacy rights or other rights of third parties, and they do not contain any materials that are offensive, harmful and defamatory. You agree to indemnify and hold harmless Vibram Parties from any costs, expenses, damages, losses and liabilities that may be incurred by Vibram Parties as a result of the publication or broadcast of any Contributions via Web Site or otherwise or following any other use of the Web Site. In addition, although Vibram Parties have no obligation to monitor or screen Contributions posted via Web Site or otherwise, Vibram Parties reserve the right to edit or remove any Contributions on the Web Site or otherwise at any time and for any reason without notice. Contributions remain the intellectual property of the individual user. Vibram Parties shall be under no obligation to maintain any Contributions in confidence, to pay any compensation for any Contributions, or to respond to any Contributions.
10 | Contribution Guidelines. You agree that your Contributions will comply with all applicable laws, and will not: (i) contain any material which is defamatory of any person, obscene, pornographic, offensive, hateful or inflammatory; (ii) promote sexually explicit material; (iii) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iv) advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person; (v) contain viruses, corrupted data, or other harmful, disruptive, or destructive files; (vi) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (vii) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person, all as determined in Vibram sole discretion; (viii) be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; (ix) give the impression that it emanates from Vibram, if this is not the case; and/or (x) contain anything that, in the sole determination of Vibram, is objectionable or inhibits any other person from using or enjoying the Web Site, or which may expose Vibram or its users to any harm or liability of any kind. Failure to comply with these contribution guidelines (“Contribution Guidelines”), as determined in Vibram’s sole discretion, constitutes a material breach of these Terms. If you breach these Contribution Guidelines, we may take such action as we deem appropriate, including but not limited to: (i) terminating your right to use the Web Site; (ii) removal of any Contributions; (iii) taking legal action against you, in which case you agree that we may recover reasonable costs and attorney’s fees; and/or (iv) disclosure of information to law enforcement authorities.
11 | Vibram Intellectual Property Rights. All the Content including the Web Site design are either the property of, or used with permission by, Vibram and are protected by copyright, trademark, trade dress and other laws relating to intellectual property rights and may not be used except as permitted in these Terms or with the prior written permission of Vibram. The Web Site, its Content and all related rights shall remain the exclusive property of Vibram or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from Content or other material found on this Web Site. Any unauthorized use of the Web Site, Content or related materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
12 | Vibram and Third Party’s Trademarks. Trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Vibram and its affiliates; notably Vibram, the Vibram Logo, the Octagon Logo, the Yellow Octagon Logo, FiveFingers and the FiveFingers Logo are registered trademarks of Vibram S.p.A.. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed or intended as granting, , any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Vibram or such third party owner.
13 | Linking to Web Site and Framing. Creating or maintaining any link from another web site to any page on this Web Site without Vibram's prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another web site without Vibram's prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations. Further, without the prior written permission of Vibram, you may not frame or make it appear that a third-party web site is presenting or endorsing any of the content of the Web Site, or incorporate any intellectual property of the Web Site, Vibram, or any of its licensors into another Web site or other service.
14 | Third Party Links. From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by Vibram or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Vibram nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither Vibram nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
15 | Limitation of Liability. Vibram assumes no warranty other than those provided in these Terms with respect to Products, Services and/or Web Site. Vibram assumes no warranty that the Web Site is free of faults, errors, bugs, interruption and failures. For technical reasons (even out of Vibram control) some materials and / or information on the Web Site may be inaccurate, as are software programs that support the Web Site may contain bugs, viruses or other harmful elements. Vibram and its affiliates assume no responsibility, and shall not be liable for any damages arising out of the use, inability to use, or the results of use of this Web Site. You shall assume full responsibility for any losses, costs or damages, direct or indirect and of any kind and entity, arising from the consultation of the Web Site With reference to e-commerce, Vibram is solely responsible, except in cases of willful misconduct or gross negligence, and in each case subject to the applicable laws, of the direct and foreseeable damage at the time of the sale. You therefore agree that Vibram cannot be held responsible for (i) losses suffered, lost profits or any other damages which are not immediate and direct result of the default of Vibram or which are foreseeable at the time of sale ; (ii) any loss or damages caused by or arising from non-substantial differences between the ordered or purchased Products and the images, information or description of these Products on the Web Site; and (iii) the delay in delivery of Products purchased due to insufficiency of stock.
16 | Indemnity. You agree to defend, indemnify and hold Vibram and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of this Web Site or the Internet or your purchases or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.
17 | Revisions to these Terms. Vibram may revise these Terms at any time and from time to time by updating this posting and the “Last updated” date provided below, to comply with legal or regulatory provisions as well as to offer new products and/or services The new Terms will be effective from the day of their publication on the Web Site.You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.
18 | Applicable Law. These Terms are governed by and construed in accordance with the Italian laws and in particular the Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce. Any dispute concerning or arising out of these Terms shall be brought before the courts where you have your residence or domicile.
19 | Termination. You or Vibram may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. Vibram reserve the right to change, suspend, or discontinue all or any aspect of this Web Site or Services at any time without notice.
20 | Severability. In the event that any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms.