This page and it's content is valid from 2013-05-29
All transactions carried out on the Site and between Eton and customers residing outside of Sweden are governed by the TOS.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
§2. Eligibility to purchase
§4. Pricing and availability
§5. Acceptance of your order
§8. Insurance and delivery
§9. Returns and exchanges
§10. Intellectual property rights
§12. No commercial use
§13. Your activity
§14. Third party sites
§15. Your rights
§16. Limits on our liability
§18. No waiver
§19. Governing law
§2. ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details (“Personal Information”). In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the Eton terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Eton, whose applications are acceptable to Eton and who have authorised Eton to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Eton reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Eton feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
At etonshirts.com you can place your order securely and conveniently. However, all orders are subject to acceptance and availability. Please note that items in your shopping basket are not reserved until payment is finalized and may be purchased by other customers. Eton offers products for sale that are in stock and available for dispatch from our distribution center.
Eton will store a record of your transactions for a minimum of one year.
§4. PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
If you do not pick up your order in the manner agreed, we charge a fee of 30 € including VAT.
All shipment to countries within the European Union, Norway and US are shipped on a DDP (Delivery Duty Paid) (INCOTERMS 2010) basis, meaning that taxes and duties are included in the price at checkout. Orders to countries outside of the European Union except Norway and the US are shipped on a DDU (Delivery Duty Unpaid) basis, meaning that the price displayed at checkout are exclusive of all taxes. For international orders, certain duty fees or customs fees may be required upon delivery of your order. Please understand that we have no control over any duties, taxes, brokerage fees, or other such customs fees, and cannot be held liable for any such fees, no matter what the situation may be.
§5. ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Acceptance of your order and completion of the contract between you and Eton will be completed when we email you to confirm the goods have been dispatched. Our email will be deemed received at the time and date of the sending of the email, regardless of whether, for reasons outside of our control, you have not received that email.
The sale contract shall be deemed to have been concluded in Borås, Sweden and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
All pictures should be seen as illustrations, and cannot be guaranteed to reproduce the exact product appearance and characteristics. In the event of errors in the storage status, Eton reserves the right to correct this. This means that if a product in Eton’s assortment has been altered, withdrawn or otherwise is not available with respect to reasonable efforts, Eton is not obliged to provide such a product even though the customer ordered the same. If payment has already been made for such a product, Eton will refund as soon as possible, and within 30 days at the latest.
Payment can be made by Visa, MasterCard and American Express, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon placing your order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Eton, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this Site are processed using Adyen, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Eton user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, Eton uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
We also offer our customers to securely and conveniently send and receive payments online using PayPal. When you use PayPal, your financial information is kept private and every PayPal payment is followed by an email confirming your transaction. You can choose to pay with VISA, MasterCard, American Express or your already registered PayPal account.
This payment method passes your order along to PayPal who receive and control your order. If you have a registered PayPal account you can choose this for purchase without typing your credit card information. Signing up for a PayPal account is optional, which means that you as a customer can complete your payment first, and then decide whether you want to save your information in a PayPal account for future purchases.
If the PayPal payment was funded by credit card the money will go back to the card and depending on the card issuer it may take up to four days before it shows on the customer’s credit card statement. Refunds of transactions that were funded by bank account or PayPal balance are credited to the customer’s PayPal account.
§8. INSURANCE AND DELIVERY
Eton insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Eton, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within two business days, subject to payment clearance and stock availability. Order processing may take up to five days during our sales period. We operate Monday to Friday with exception for Swedish public holidays. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Eton is not responsible for any delays caused by destination customs clearance processes.
Please note that we use UPS to deliver your package(s). Delivery will therefore be made during daytime directly to the final address.
During our sales period delivery may take up to 5-7 working days.
§9. RETURNS AND EXCHANGES
CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS
If you are residing in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 30 days from the day after you received you order. Notice of contract cancellation under the DSRs must be given in writing to:
Notice of Contract Cancellation,
Customer Care Department,
For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition. Use the address label that was togheter with your shipment and follow the steps written on the Returns Guide.
All items must be returned unused and in their original condition, from the original delivery country. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost. Please note that there are exceptions to the right to cancel under the DSR. Amongst others, you may not cancel an order in regards to goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
Exchanges are not possible at this moment. If you for instance have bought the wrong size and want this exchanged, you will have to first return the product and after this put in a new order on the correct product.
§10. INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Eton Software and all HTML and other code contained in this Site. All such Content including third party trademarks and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Eton and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Eton tries to ensure that the information on this site is accurate and complete. Eton does not promise that Eton's Content is accurate or error-free. Eton does not promise that the functional aspects of the Site or the Content will be error free or that this Site, Eton Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
§12. NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than Eton, including advertisers. Eton has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under Swedish law. These include:
1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site.
2. Certain remedies if a product is defective.
3. A right to cancel any order for a product within 30 working days commencing on the day after the date on which you received the product(-s), and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
§16. LIMITS ON OUR LIABILITY
Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).
If Eton breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Eton at the time of you placing your order, and Eton dispatching your order. We shall only be liable for losses up to the total value of product(-s) purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us and our officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The laws of you country may be different from the laws in Sweden and there may be additional legal requirements for you to use this website. You must comply with all applicable local and international laws and regulations regarding your use of our website.