Terms and Conditions - TOBE Outerwear

GENERAL

1.1. tobeouterwear.com is a website operated by Vebua AB (hereinafter referred to as “TOBE Outerwear”, “us” or ”we”), a company registered in Sweden under registration number 556834-8311 and Headquarters located at Solberg 504, 833 48 Hammerdal, Sweden. We also have a subsidiary in the United States of America, TOBE Outerwear USA LLC located at 970 Yuma St. Ste 140, Denver, CO 80204.

1.2. TOBE Outerwear can be reached here for any question regarding these Terms and Conditions and matters connected to orders and purchase.

1.4. These Terms and Conditions govern the selling terms of all orders placed by customer(s) (hereinafter referred to as “you” or the “Customer”) on the domain tobeouterwear.com, any sub-domains, mobile websites or the mobile application, from the moment you place an order until payment and delivery. By ordering a product, you agree to be legally bound by these Terms and Conditions.

Please make sure you have read and understood them before placing an order.

The Customer and TOBE Outerwear are hereinafter collectively referred to as the “Parties”.

1.5. TOBE Outerwear reserves itself the right to amend these Terms and Conditions from time to time. The new version will not be retroactive, and the Parties shall only be bound by the Terms & Conditions which are online the day the order is placed.

1.6. In these Terms and Conditions, the following terms shall have the meaning ascribed to them below:

a) “Site”means the domain, sub-domains of tobeouterwear.com

b) “You” means the customer who places an order.

c) “Customer” means the individual who places an order. Purchases made on our Site are only to private individuals and not companies.

d) “Working Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday in the Customer’s country and/or TOBE Outerwear’s country.

e) “Order” means the order submitted by you to the Site to purchase product(s) from us.

f) “Content” means all texts, graphics, videos, pictures and all other information published on the Site.

g) “Third Party Sites” means any site not provided by TOBE Outerwear.

h) “Contract” means the order placed by you for the purchase of product(s) in accordance with these Terms and Conditions.

i) Words imparting the singular shall include the plural and vice versa.

2. ORDERING/ FORMATION OF CONTRACT

2.1. You may only purchase products from us if you are legally capable of entering into a binding contract with us, you are an authorized user of the payment method used to pay for your order.

2.2. Our Site will guide you step by step for finalizing your purchase and placing your order. You will be informed with a recap detailing the substantial information of your order before placing your purchase. We strongly recommend you to carefully verify all the details of your order before placing your purchase as we cannot guarantee that we will be able to amend your details afterwards.

2.3. Once you have placed your order, we immediately contact your payment provider for authorization to take payment from your account. We will not process your order until we have received such authorization . If you are using Klarna or Klarna pay in 3, others term may apply.

2.4. Once payment has been accepted, we’ll send you an e-mail to confirm the purchase. This email is an acknowledgment of the purchasing contract between you and us.

2.5. tobeouterwear.com retains the right to refuse any purchase request made by you for legitimate grounds such as, for example, if we are not able to process your payment or if a product becomes out of stock. If a Product becomes out of stock between the time you place an order and the time our warehouse processes it, we will cancel the purchase of said product since it is no longer available. If this is the case, we will notify you and issue a refund. If for any reason we are unable to fulfill your order, you will receive a cancellation email. If payment has already been withdrawn for such a canceled order, we will refund the same amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, TOBE Outerwear will contact you.

PRICING AND PAYMENT

3.1. Prices stated on the Site apply to all orders made through the Site. All prices are inclusive of VAT (where applicable). Delivery costs and any other costs which might apply will be charged in addition and are clearly displayed during the checkout process. In addition, you may be charged for customs and import charges as your order passes through customs.

Any charges on a parcel must be paid by you (or the third party that acquires physical possession of the items you purchased).

3.2. TOBE Outerwear has the right to change or update information at any time without any warning, including errors with prices, details and descriptions which appear on the Site.

3.3. If incorrect information has been specified for any product you have purchased, do not hesitate to contact our customer service under the conditions laid down in provision 1.3 of these Terms and Conditions.

3.4. We offer various types of payment methods. You will be able to find all the payment methods available for your country during the checkout process.

Please note that we do not accept cash or cheques.

3.5. All payments are subject to validation checks and authorization by the payment service provider you have chosen. If the provider refuses to, or does not for any reason, authorize payment, you will then be notified by email and/or during checkout. Other T&C might therefore apply.

3.6. If the provider refuses to, or does not for any reason, authorize payment, the order will be canceled and you will then be notified by email and/or during checkout.

3.7. Occasionally, we may provide special offers and discounts relating to certain products on the Site. The conditions of use relating to any special offer or discount will be specified at the time of issue.

3.8. We reserve the right to withdraw such special offers or discounts at any time, without warning.

3.9. If TOBE Outerwear marks down the price of an item already purchased on the website we will happily adjust the sale price at your request within 10 business days of the shipment date.

The item must be identical in color and size.

Items purchased from the outlet section on our website are excluded from this price adjustment policy.

Price adjustments do not apply to items included in limited time sale or daily deal promotions.

We will only make 1 price adjustment per item.

Goods originally purchased at a sale price are excluded from price adjustments.

Price adjustments will be credited back to the original form of payment used to purchase the item.

“Pre-sale” items are not eligible for price adjustments

3.10. Please note that You are responsible for any costs associated with money transactions.

3.11. You must pay all applicable customs duties, taxes, including any sales taxes, value added taxes, and import taxes, other than taxes on our net income, arising out of your purchase of any products.

SHIPPING AND DELIVERY

4.1. Shipping costs might be charged in addition to the purchase price of your product, which is clearly displayed where applicable and included in the ‘Total Cost’ section at checkout.

4.2. We aim to dispatch orders within one (1) to two (2) working days following the confirmation email. Please note that dispatch time might take longer due to high seasons-sales, unexpected events or availability of product.

4.3. We will carry out a pre-authorization check on the card used for purchase to ensure there are sufficient funds to complete the transaction. The product you have purchased will not be dispatched until this check has been completed and payment has been captured.

4.4. You will receive a shipping confirmation email once your parcel has been dispatched, indicating an estimation of the time of delivery. The promised delivery time starts from the moment you receive your confirmation email.

4.5. Depending on where you are located, you will be given various delivery options. The amount of the delivery fee will depend on the delivery option you decide to choose. You will be able to find all the delivery methods available for your country during the checkout process.

4.6. You must provide us with complete and accurate delivery address information as we cannot guarantee that we will be able to amend it after purchase. The customer is solely responsible for any error of delivery due to a lack of information or error on the delivery address while placing the order. Risk and ownership shall be transferred to you once the products are in your possession.

4.7. Our carriers will make every effort to deliver your order within the promised delivery time. Nevertheless, delays are sometimes inevitable. You can track and trace your order here.

4.8 Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days, you are entitled to cancel your purchase. This is not applicable on pre-orders.

4.9. Should your parcel be delivered to a specific delivery point, you agree to pick up said package within the time specified in the delivery notification. Packages shall normally be retrieved personally with valid identification and order number. If you do not collect your parcel in time, your order will be sent back to us and a fee of 10 USD/9 EURO/100 SEK/100 NOK/12 CAD will be charged for uncollected parcels.

4.10. Our carriers do not deliver on weekends and public holidays. Please note delivery of your order may take longer during sale or other busy periods.

RIGHT OF WITHDRAWAL, RETURNS AND REFUNDS

5.1 As a consumer you always have 14 days right of withdrawal, but we offer 60 days return policy. Please note that you can only return products you have purchased through the website.

5.2 Returns

5.2.1. Without prejudice to your statutory right of withdrawal (see below), you can return products (and gift cards!) for any reason up to thirty (60) days after receiving your order. Use our RETURN PAGE to handle your return process.

5.2.2. Returns are accepted for discounted items and provided that the product is in its original condition, unwashed and that all the tags are still attached.

5.2.3 There is no return fee.

5.2.4 If changes are made, labels or hangtags missing, the items is washed or in any other way is made unsellable without effort from TOBE Outerwear we will apply a cost for our work and time that will be withdrawn from your repaid amount.

5.2.5. As soon as your return reaches our warehouse and has been processed by us, we will issue a refund. The return process can take up to two (2) weeks from the moment you send back your product. Once we have processed your return, you will receive a credit memo email. You will then receive your refund within two (2) to five (5) working days.

5.2.6 All refunds will be made using the same method of payment you used to purchase the product. If you paid by invoice, your payment provider might need to contact you for issuing the refund. 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 our standardized delivery method offered by us). Refunds shall not include any potential customs and import charges paid as well as your potential contribution to our sustainability actions (climate contribution fee).

5.3 Right of Withdrawal

5.3.1 You have the right to withdraw from a contract with us 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 items you purchased.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal written statement. Please contact us here. You may also use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is enough for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

5.3.2 Effects of withdrawal. If you withdraw from a contract with us and/or return any items, 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 our standardized delivery method offered by us).

Refund shall be made without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel or until we have received from you evidence that the product has been sent, whichever is the earliest. You must return the items you no longer want not later than 14 days from the day on which you. 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. We will bear the costs of returning the goods provided you use the return shipping label provided by us for shipment from the country in which delivery was made to you, otherwise you will be required to pay the return shipping costs. We are permitted by law to reduce your refund to reflect any reduction in the value of the items, if this has been caused by your handling, including any loss or damage that occurs during transit.

5.4 Fair use policy

TOBE Outerwear is committed to reducing its carbon footprint. We are constantly taking steps in order to reduce our environmental impact through, for instance, carbon neutral deliveries and returns, or sustainable collections.

While we pride ourselves in giving you a stellar customer experience, we take seriously any breach and abuse of our free return policy.

Where appropriate and necessary, we shall investigate unusual pattern of return activities and take any necessary actions at our disposal. Should we have reasonable proof that you have systematically abused our generous return policy, we therefore reserve the right to refuse any future purchase requests made by you or to deactivate, temporarily or permanently, any of your account.

If your account has been deactivated and you believe we have made a mistake, kindly get in touch with our Customer Service. Above provisions do not prevent you from returning/claiming items that already have been purchased.

LEGAL GUARANTEE OF CONFORMITY

6.1. Should you find defects in the items you have purchased, TOBE Outerwear abides by all statutory guarantee regulations. You have therefore up to 1 year (North America) / 3 years (EU) from the moment you receive your items to claim your legal guarantee. Please contact our customer service here.

LIMITATION OF LIABILITIES AND WARRANTIES

8.1. We make no warranties in relation to this Site or the information, materials, contents made available. We do not warrant that the Site will be continuously available, or the information on this Site is true, non-misleading or accurate.

8.2. Any information and contents on the Site should not be construed as TOBE Outerwear giving advice of any kind.

8.3. You agree not to use any of our products for any commercial and/or business purposes, and we exclude liability for loss of revenue/profits, loss of contracts, loss of business, loss of opportunity or loss of reputation. Our maximum liability to you for any loss or damage arising in connection with your purchase on the Site shall be limited to the total price of your order.

TRADEMARKS

9.1. The trademarks, names and logos displayed on the Site are registered and unregistered trademarks of TOBE Outerwear and/or its partners. Prior written permission from TOBE Outerwear and/or its partners is required for use of any trademark, image or video from the Site. Thus, it is strictly forbidden to copy, reproduce, download, post, transfer or distribute any document which comes from the Site, in any ways.

10.1. Please check our Privacy Policy which forms part of these Terms and Conditions.

CONFLICT OF TERMS AND CONDITIONS

11.1 If there is conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section of TOBE Outerwear will no longer be valid.

SEVERABILITY

12.1 1If any provision of these Terms and Conditions becomes unenforceable or invalid in any jurisdiction, court or authority, the remaining provision and all other provisions will remain in full force and effect.

LAWS AND DISPUTES

13.1 These Terms and Conditions are governed and construed in accordance with Swedish laws.

13.2 Contracts concluded through the Site as well as any dispute arising out or in connection from them shall be governed by Swedish law. An amicable solution (through an ombudsman system) shall be considered before any judicial remedies. In the event where this solution would fail, Swedish courts shall have a non-exclusive jurisdiction to settle any disputes arising out from these Terms and Conditions. This provision shall not deprive European consumers from their national statutory rights.

13.3. In addition, and should you not be able to settle any dispute with TOBE Outerwear, you can also submit complaint to the EU’s online dispute resolution platform. The Online Dispute Resolution platform is available via the following link: http://ec.europa.eu/odr.

13.4. In the event of a dispute or claim associated with these Terms and Conditions, we will comply with the decision of the Swedish National Board for Consumer Complaints or the corresponding authority in the respective country.

These terms and conditions were created on 1 June 2023.