GENERAL TERMS AND CONDITIONS
1. General provisions
Please read these General Terms and Conditions carefully before purchasing products on the website www.head.com By purchasing products from this website, you automatically consent to these General Terms and Conditions.
Please note that if you have purchased products as part of a promotion, some different terms and conditions may apply, which we will refer to separately as part of the relevant promotion.
2. Order process and conclusion of this contract
2.1. We deliver orders within Portugal. The order process via our online shop consists of the following steps:
• First, you select the desired products.
• Second, you must provide your customer data, including the billing address and delivery address (if different).
• Third, you must select the payment method.
• At the end, you can check all the information provided (e.g. name, contact details, address, payment method, ordered goods) and correct that information if necessary before placing your order with us by clicking on "Buy now" and thus confirming your order and accepting these General Terms and Conditions.
2.2. All information on the website is an invitation to treat only. In other words, the information is not an offer or binding contract. By placing your order, you made a binding offer towards us to conclude a sales contract with you. All orders submitted by you are subject to acceptance by us. The following automatic order confirmation documents that we have received your order but is not yet an acceptance of your order. Acceptance of your order will occur with a separate delivery confirmation email or delivery of the ordered products. A binding sales contract is confirmed when the delivery confirmation email or the shipment is sent to you. Along with the delivery confirmation, we will send you all order details as well as payment and customer service information. Please note, that partial shipments are also possible. In such a case, the sales contract is valid for the products confirmed within the delivery confirmation only. You will be informed in a separate message of future delivery of the missing products.
2.3. You must guarantee that all the information you provided in your enquiry or in your order is correct and complete. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused. We may choose not to accept your order at our own discretion. In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
2.4. We will not file an accessible copy of this sales contract, so we encourage you to download, save and/or print a copy of the delivery confirmation and these General Terms and Conditions for your records.
2.5. If, for any reason, we discover after the conclusion of the contract that we can no longer deliver the ordered products due to unforeseen circumstances, we will be entitled to terminate the contract. We shall notify you by e-mail immediately and reimburse any payments made.
2.6. We ask for your understanding, that the sale and delivery of products can only be carried out in household quantities.
2.7 Please note that the HEAD web shop is structured by different shipment locations. Depending on your location at the time you access our website the country will automatically be adapted or you can manually choose a country using the drop-down menu in the right upper corner of the website. Please note that we only ship to the countries listed. here. For shipment to a delivery address in another country, please change to the corresponding country in the drop-down menu. Please be aware that changing to another country, will result in the shopping cart being emptied and may also lead to changes in product prices, availability and payment options.
2.8. With regard to HEAD Swimwear Products, the contracting partner is HEAD’s affiliated company Mares SPA, Salita Bonsen 4, 16035, Rapallo (GE), Italy (www.mares.com), which is also responsible for the delivery of the HEAD Swimwear Products. The order and payment procedure is being handled by HEAD in accordance with these General Terms and Conditions.
3. My account
3.1. On the condition that you provide all required data during the order process, you may place orders with us without setting up a personal user account (“Guest User”). However, you also have the possibility to set up your personal user account with a password (“Registered User”). This means that your personal data will be saved and you need not enter your information again when placing a new order with us. You also have access to the "My account" section which provides a comprehensive overview of your profile, orders which have not yet been delivered, past orders as well as delivery and payment details. Please click here, if you do not currently have an account and would like to find out how to set one up.
3.2. If you set up and use an account on our website, you shall be responsible for protecting your account and your password and for restricting access to your computer. Furthermore, you declare that you agree – to the legally permissible extent – to be liable for all activities which are performed through your account and/or with your password. You must take all required measures to ensure that your password is kept confidential and stored in a safe place and you should notify us immediately if you have reason to believe that a third party has gained access to your password or that your account is being used without prior authorisation or that such unauthorised use is likely.
4. Tracking your order
You can track your order using the tracking number provided in the delivery confirmation e-mail of our courier service provider. You may access the website of our courier services provider which contains up-to-date information on your order and the delivery.
5. Prices, shipping charges
5.1. All prices include all taxes, including sales tax and fees, where these are not separately indicated. Obvious errors excepted.
5.2. HEAD calculates shipping charges separately for each delivery address. For most countries, it is possible to order free of shipping charges for purchases above a certain amount. For details please see our shipping policy. Charges to be paid by you for delivering your order will be shown to you before we ask you to confirm you order. Please note that prices for our HEAD Custom Made products will vary. Prior to order confirmation, we will provide detailed information on the price calculation and the final price for your products. The total shipping charges will be automatically calculated and shown to you before the order process is finalised.
5.3. In case of deliveries to countries which are not part of the European Economic Area, all relevant import and export expenses as well as all possible charges and fees must be borne by you.
5.4. Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the presentation of the product, the description of the specifications thereof, or the listing of the price. If we discover an error in your order, we shall be under no obligation to accept or fulfil an order for a product that was advertised incorrectly and reserve the right to cancel such an order that has been accepted or is in transit. In this case we will inform you as soon as possible that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the products, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
6. Terms of delivery
6.1. On our website, you will find information on the availability and delivery time of products which are sold on www.head.com (e.g. on the respective product detail page or in our shipping policy ). If you have ordered products with different delivery times, we reserve the right to send the products in one shipment. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.
We would like to point out that all information on product availability are only estimates and approximated values. If during the order processing, HEAD notices that the products ordered by you are not available, you will be informed about this in a separate e-mail. Your legal rights shall not be affected by this.
6.2. You shall bear all costs resulting from unsuccessful delivery if it is impossible to deliver the products to you because they are too big for your house or flat entrance door or for the staircase, or because you were not available at your provided delivery address, even though you had been informed about the time of delivery in good time.
7. Transfer of risks
In case of contracts under which we deliver products to you, the risks relating to loss or damage to the products shall always be transferred to you once you or a third party appointed by you who is not the haulage contractor have taken possession of the products. Irrespective of your rights vis-à-vis the haulage contractor, once the products are handed over to the haulage contractor the risk shall be transferred to you if the haulage contractor was commissioned by you to transport the products and this option was not offered by us.
8. Terms of payment
8.1. Payment Options
8.1.1. Credit Cards
We accept the following credit cards: Visa Card, Master Card, American Express.
For a payment by credit card you must choose a type of card, enter your name, the number of your credit card, its expiration date and the last three numbers on the back of the card. The order will be shipped once your payment is received by our accounting department in accordance with the usual delivery times indicated in these General Terms and Conditions.
You confirm that the credit card that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit card is valid and the inputted payment details are correct. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of our processing of your credit card payment in accordance with your order.
PayPal is an online payment service that allows you to pay securely, easily, quickly and free of charge. If you have decided to use PayPal, we will forward you directly to the PayPal pages after you have sent your order. There you can log in with your PayPal access data or set up a new account (registration and further information at www.paypal.com).
8.1.3. Other payment methods
You will see the different payment options available for you purchase before you place your order (e.g. in the footer, at the respective product page and/or at the check-out page). Whichever payment options are available for your purchase, may depend on the country that is selected (either automatically or manually) at the time of your purchase, your shipping address and in some cases on the products that you have selected (see section 2). We reserve the right, to add or remove payment methods from time to time to our discretion.
8.2. If, for any reason, the amount payable for your order cannot be collected, your order will be cancelled.
9. Retention of title
The delivered products will remain our property until you have paid all amounts owing under any agreement to us in full, including the payment of costs, even of earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber products before ownership thereof has passed to you.
10. Returns and withdrawal information
10.1. You have the right, without giving reasons, to withdraw from the contract within 30 days from the day when you or a third party appointed by you who is not the haulage contractor took possession of the products.
10.2. To execute your right of withdrawal, you must inform us (HEAD Sport GmbH, attention of “Customer Service HEAD”, Wuhrkopfweg 1, A-6921 Kennelbach, Austria, or by e-mail to: firstname.lastname@example.org) in due time of your intention to withdraw from this contract. For this purpose, you may use the withdrawal form template which is available here; however, this is not mandatory.
10.3. If the contract is withdrawn, the products must be returned at the latest thirty (30) days from the day on which they were received. The term is deemed complied with if you ship the products before the end of the term of thirty (30) days.
If you want to return a product which you purchased as part of a buy one get one free promotion, please note the following: In case you return the product that you payed for, you must also return the free of charge product at the same time, otherwise, we will ask for the corresponding amount from you or deduct it from the amount to be refunded.
10.4. If you want to return the products free of charge, please proceed as follows:
• Guest User (no registered user account at the time of purchase): Please enter your order number and email addresses in the fields provided on our website and follow the further instructions.
• Registered User: Please log in to your account where you will find an overview of all your previous orders. Click on the order concerned, select the products you want to return and the corresponding ones and select the "Return" button and follow the further instructions. If the return period has already expired, the button can no longer be selected.
You will then receive the appropriate information about the further steps that apply to you, as these may vary depending on your country of residence or the products to be returned (e.g. which courier service provider is available for your free return). Once you have completed all the relevant steps, you will receive a prepaid return label from our courier services provider which is absolutely required to return products free of charge. Please put the products into a box, attach the prepaid return label so that it is clearly visible on the upper side of the box and post the package at the nearest office of our courier services provider. We shall notify you via email once we have received and processed the returned products. Please note that if you don’t follow the procedure, you will have to pay all costs associated with a return shipment (including, but not limited to forwarding expenses and possible customs).
10.5. You shall be responsible for handling the products with due care. You will be required to compensate a loss in value if this loss in value can be traced back to a use by you which was not necessary for checking the quality, features or functionality of the products. We expressly reserve the right to deduct all damages/losses in value from amounts which we must reimburse to you (set-off).
10.6. If the contract is withdrawn, we will reimburse to you all payments for the purchased products which you have returned (including regular delivery costs, if any, but excluding higher delivery costs resulting from choosing a special delivery form). Such reimbursement shall occur immediately or, subject to the situations mentioned below, within fourteen (14) days at the latest from the day we receive your notification of withdrawal. For this refund, we will use the same means of payment which you used for the original transaction, unless we expressly agree upon something else with you. We will not charge any fees to you for such reimbursement. We have the right to deny a refund until you have returned the products to us or until you provided us with evidence that you have sent the products back, whichever is earlier.
10.7. www.head.com does not offer the possibility to directly exchange ordered products. If you do not wish to keep your products, please send a notification of withdrawal as well as the products back to us according to our return information and simply place a new order to receive the selected products in another size or colour.
10.8. Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts regarding:
• the supply of products made to the consumer’s specifications or clearly personalized;
• the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
• the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
11. Customer service
If you have any questions, comments or complaints relating to your ordered products, please see our FAQ or contact us at:
HEAD Sport GmbH, attention of: "Customer Service HEAD", Wuhrkopfweg 1, A-6921 Kennelbach, Austria, e-mail: email@example.com, phone number 00 800 10103030.
12. Warranty and Liability
12.1. When ordering products from this website, please note the general information and the special information for the respective product (in particular, but not limited to information on features, selection, maintenance and use of products as well as security of products) displayed on our website as well as the instructions contained in our manuals.
Skiing and snowboarding are hazardous activities. The sport of skiing/snowboarding and the use of ski/snowboard equipment involve a risk of injury to any and all parts of the body. Bindings should be mounted, adjusted and maintained (annually or after every 15 to 20 days of use) and ski/snowboard boots should be fitted to the bindings only by certified ski/snowboard mechanics in accordance with the manufacturer’s specifications (see Technical Manual). Nevertheless the use of such bindings cannot guarantee the skier’s/snowboarder’s safety or freedom from injury while skiing/snowboarding.
12.2 Our liability applies explicitly to the obligations and liabilities described within this document as long as not otherwise dictated by law.
12.3 The warranty follows legal provisions and applies on complaints, which occur within the legal warranty period. For detailed information please see our Warranty Guidelines.
12.4 In no event shall we or our agents be liable for incidental or consequential damages, whether the claim is based upon contract, warranty, negligence or product liability, including, without limitation, loss to property other than the product itself, loss of use of any property, or other economic losses. Neither we nor any distributor or dealer shall be liable for contribution or indemnification, whatever the cause.
13. Subcontracting and assignment
We reserve the right to subcontract, transfer, assign or novate all or any of our rights and obligations under these General Terms and Conditions, provided that your mandatory rights are not affected thereby. You may not subcontract, assign or otherwise transfer any of your rights or obligations under these General Terms and Conditions without our written consent.
14. European Dispute Resolution
European law requires all web shops to include the following link to the European Commission’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
However, be advised that HEAD is not a member of an alternative dispute resolution body, nor does it agree to use any such body. We aim at resolving any problems with our customers directly through our customer service center (firstname.lastname@example.org).
15. Applicable law/place of jurisdiction
Unless otherwise mandatorily required by law, these General Terms and Conditions are subject to the law of the country to which we deliver pursuant to point 2.1., to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and excluding the conflict-of-law rules.
Dated: June 2022