Chubbies Inc. (“Chubbies”, “we”, “us”, “our/ours”) sells Chubbies
clothing products and related items (“Products”) through its website
www.chubbiesshorts.com, including the respective local domains, as
well as other controlled social media pages such as Facebook and
Instagram (collectively the “Site”). Please read the following terms
and conditions (“Terms”) carefully before purchasing any Product
from the Site. The Terms apply for every agreement between you as a
customer (“Customer”, “you”, “your”, “yours”) and Chubbies for the
purchase of our Products concluded through the Site (“Purchase
Contract”), provided that you have agreed to be bound by these Terms
within the purchase process on the Site. These Terms are directed
towards consumers, i.e. a natural person who purchases our Product/s
solely or predominantly for his/her private purposes.
CONTRACT CONCLUSION; SAVING THESE TERMS
The presentation of our Products on the Site does not constitute a
legally binding offer, but merely an invitation for you to order
those Products. By concluding the order process on our Site, you
submit a binding offer for purchasing your selected Products. The
Purchase Contract between you and us will be formed when you receive
our formal order confirmation by e-mail (“Order Confirmation”)
following Your order made through the Site (“Order”). We will inform
you in case we cannot accept your Order. Prior to concluding your
Order on the Site, we provide you with the option to check your
information and to correct any errors, as once your Order is
submitted, we will begin processing it immediately. You can print
out or save this version of the Terms using the corresponding
functions of your browser or download it as a “pdf” and save it on
your device. You will also receive the contractual provisions
together with information on the Products and the withdrawal right
instruction by e-mail upon your Order Confirmation. We do not store
the contractual provisions for you.
All prices stated on our Site are in EUR, Pounds, or CHF including
VAT. The prices apply that are set out on the Site at the time of
your Order. If applicable, we will set out delivery charges
separately during the order process before you submit your Order. We
accept the following payment methods: Credit card (VISA, MasterCard,
American Express, Discover), PayPal, Google Pay, Apple Pay, direct
bank transfer, iDEAL, Giropay, Sofortüberweisung, SEPA Direct Debit,
EPS, Klarna, Bancontact, Carte Bancaire Przelewy24 (P24),
Multibanco, Trustly, Post Finance, Blik, Diners, JCB Union Pay.
Invoices are due and payable immediately.
NO PURCHASE FOR RESALE
This Site is intended for sale of products from Chubbies directly to
consumers. Purchase for resale is strictly prohibited. If Chubbies
has sufficient factual indications to prove that you are involved in
purchases for resale it reserves the right to take any action
against you, including without limitation, restrict sales to you,
cancel your orders, and/or suspend or close your account. If you
wish to purchase Chubbies product for resale please contact
Chubbies.
DELIVERY, RETENTION OF TITLE
Risk of loss of product shall pass to you upon delivery of the
ordered Product from Chubbies to you. Delivery times vary depending
on the product ordered and the delivery location. The delivered
Products shall remain our property until complete receipt of your
payment and handover to you.
LIMITATION OF LIABILITY
Subject to the provisions in Section 6.2, our statutory liability
for damages shall be limited as follows: (i) we shall be liable only
up to the amount of damages as typically foreseeable at the time of
entering into the Purchase Contract in respect of damages caused by
a slightly negligent breach of a material contractual obligation
(i.e. a contractual duty the fulfilment of which is essential for
the proper execution of the contract, the breach of which endangers
the purpose of the Purchase Contract and on the fulfilment of which
you regularly rely); (ii) we shall not be liable for damages caused
by a slightly negligent breach of a non-material contractual
obligation. The aforesaid limitation of liability shall not apply to
any mandatory statutory liability (in particular to liability under
the German Product Liability Act), liability for assuming a specific
guarantee or liability for damages caused by wilful misconduct or
gross negligence, or any kind of wilfully or negligently caused
personal injuries. To the extent our liability is limited or
excluded, the same shall apply in respect of any personal liability
of our legal representative, employees and vicarious agents.
WITHDRAWAL RIGHT
As a consumer you have a right of withdrawal in accordance with the
following provisions.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen
days without giving reasons. The withdrawal period will expire
fourteen days from the date of conclusion of the contract. In order
to exercise your right of withdrawal, you must inform Chubbies,
Geyssendorfferweg 15, Unit DC2, 3088GJ, Rotterdam, Netherlands,
Tel:+1 512-375-7845 (text message only), e-mail:
support@chubbies.com by means of a clear statement to Customer
Service (via email or our customer service line) of your decision to
withdraw from this contract. You may use the attached model
withdrawal form, which is not mandatory. 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 as long as we
have not yet shipped your product to you or received it back from
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; in any event, you will not incur any
fees as a result of such reimbursement. We may refuse repayment
until we have received the product back or until you have provided
proof that you have returned the products, whichever is the earlier.
You must return or hand over the products to us without delay and in
any case no later than fourteen days from the day on which you
notify us of the withdrawal of this contract. The deadline is met if
you send the products before the expiry of the period of fourteen
days. You shall bear the costs of returning the products.
If you wish to cancel the agreement, please complete and return this
form.)
To: Chubbies, Geyssendorfferweg 15, Unit DC2, 3088GJ, Rotterdam,
Netherlands, E-mail address: support@chubbies.com.
I/we (*) hereby revoke the contract concluded by me/us (*) for the
purchase of the following products (*)/the provision of the
following service (*)
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer:
Date: ___________
(*) Delete as applicable
OUR RIGHTS TO RESCIND FROM THE PURCHASE CONTRACT
We shall be entitled to rescind from the Purchase Contract with you
at any time by writing to you in text form if: (i) you do not make
any payment to us when it is due; (ii) we have factual indications
at hand to prove that you are a reseller; (iii) within a reasonable
time of asking for it, you fail to provide us with information that
is necessary for us to deliver the Products, for example, a delivery
address; or We will refund any money you have paid in advance for
the Products we have not delivered in case we rescind in accordance
with this Section.
TERMS REGARDING THE USE OF THE SITE
The Site is not directed to persons under the age of 13. If you are
under 13 years of age, please discontinue use of this Site. You may
use the Site without creating an account. By creating an account
with Chubbies, you confirm that the information you have provided is
true and not to be used for any ulterior motive or unlawful reason.
You may not share your account information with, or allow access to
your account by, any third-party. You will be responsible for all
activity that occurs under your access credentials. If it is
determined by Chubbies that you have provided false or misleading
information or have violated these Terms, or other abuses have
occurred, Chubbies reserves the right to cancel your account without
notice. When using the Site you are prohibited from: (i) attempting
to interfere with, harm, reverse engineer, steal from, or gain
unauthorized access to the Site, user accounts, or the technology
and equipment supporting the Site; linking to the Site without
permission; (ii) using data mining, robots, or other data gathering
devices on or through the Site; (iii) posting incomplete, false,
misleading or objectionable information or material; (iv) disclosing
personal information about another person; (v) advertising or
marketing non-Chubbies products on the Site; (vi) using the Site in
an illegal way or to commit an illegal act in relation to the Site
or that otherwise results in fines, penalties, or other liability to
Chubbies
INTELLECTUAL PROPERTY
We grant you a limited non-exclusive license to use the Site for
personal use only. All content on the Site, including any images,
illustrations, graphics, design, icons, photographs, videos and
written and other materials, including the compilation of this Site,
is the property of Chubbies and protected under applicable
copyright, trademark, and other intellectual property laws. Any
copying, republication, or distribution of this Site and/or its
content is prohibited unless done with prior written consent from
Chubbies. If you post content, including images, to the Site
(specifically social media sites), you grant Chubbies unrestricted,
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable right to use, reproduce, modify, adapt, publish,
translate, distribute and display such material (including
derivative works) throughout the world in any media without
providing attribution or obtaining additional consent. Similarly,
all suggestions, ideas, notes, concepts, content, artwork, product
reviews and other information you may from time to time share with
Chubbies shall be deemed to be Chubbies’ property. You further agree
that Chubbies and its affiliates are free to use any ideas,
concepts, or know-how that you share. If you believe in good faith
that materials posted on the Site infringe your copyright, you may
send Chubbies notification requesting that the material be removed,
or access to it blocked. The notice must include the following:
-
A physical or electronic signature of a person authorized to act
on behalf of the owner of the works that have been allegedly
infringed;
-
Identification of the copyrighted work(s) alleged to have been
infringed;
-
Identification of the specific material alleged to be infringing
or the subject of infringing activity;
-
Your name, address, telephone number, and e-mail address (if
available);
-
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
-
A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
CHOICE OF LAW, VENUE
These Terms and the Purchase Contract will be governed and construed
in accordance with the laws of Germany with the exception of the
United Nations Convention on the International Sale of Goods (CISG).
As a consumer habitually residing in a EU Member State, you can
choose to bring legal proceedings in respect of these Terms in the
EU Member State in which you are domiciled or in another EU Member
State, but if we bring legal proceedings, we may only do so in the
EU Member State in which you are domiciled. As a consumer, if you
are habitually residing in the European Union, you will benefit from
any mandatory provisions of the law of the country in which you are
resident. Nothing in these Terms affects your rights as consumer to
rely on such mandatory provisions of local law.
NOTICES AND COMMUNICATIONS
Except as explicitly stated otherwise and depending on the statutory
form requirements of your notice, all notices you send to Chubbies
shall be sent by mail to Chubbies Attn: Legal, Geyssendorfferweg 15,
Unit DC2, 3088GJ, Rotterdam, Netherlands or by e-mail to
support@chubbies.com.
CONTACT DETAILS, CUSTOMER SUPPORT
Your views are very important to us as we strive to ensure that all
our Customers receive the best possible shopping experience.
However, if you are unsatisfied with your experience then please
contact us under Tel: +1 512-357-7845 (text message only) Email:
support@chubbies.com Our representatives are available Monday -
Friday between 8am and 5 pm (Pacific Standard Time), and Saturday -
Sunday between 9am and 1pm (Pacific Standard Time).
PRIVACY
Chubbies has adopted a separate privacy policy to which you can
refer in order to, inter alia, understand which categories of
personal data we process for which purposes and your related data
subject rights
EU ONLINE DISPUTE RESOLUTION
In addition, in accordance with European law, you are informed that
the European Commission's online dispute review platform is also
available, which is accessible on the following link:
http://ec.europa.eu/consumers/odr/. This link is provided as
required by Regulation (EU) No 524/2013 of the European Parliament
and of the Council, for information purposes only. We are neither
obliged nor willing to participate in online dispute resolution