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Terms and Conditions of Sale

This page provides you information about U.S. Direct E-Commerce Limited, trading as eShopWorld

(“eShopWorld”, “ESW”, “we”, “our” and/or “us”), and the terms and conditions (the "Terms") on

which we sell products in accordance with section 2.1 below ("Products") through our website ("our

site") to you. These Terms will apply to any contract between us for the sale of Products to you

("Contract"). Before using our site, please read these Terms carefully and make sure that you

understand them.

Please note that before placing an order or making a payment you will be asked to agree to these

Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site

or make any payments related thereto.

You should view, read and print a copy of these Terms or save them to your computer for future

reference. We may amend these Terms from time to time as set out below. Every time you wish to

order Products or use our site, please check these Terms to ensure you understand the terms which

will apply at that time.

If there is any discrepancy between the terms of this document in any other language and the English

translated version of this document, the terms of the English version shall prevail.

If the Terms contain special provisions that only apply to consumers in certain countries, the

applicability of the respective provision depends on where the consumer has his habitual residence.

This means, for example, that provisions that are intended to apply to consumers in the European

Union and Norway, only apply to those consumers who have their habitual residence in a member

state of the European Union and Norway.

1. INFORMATION ABOUT US

1.1 We are U.S. Direct E-Commerce Limited trading as eShopWorld, a company registered in

Ireland under company registered number 479237 and with our registered office at South

Block, The Concourse Building, 110-115 Airside Business Park, Swords, County Dublin, Ireland.

1.2 If you are purchasing Products (other than personalised Products) through our website from

Singapore, you will be purchasing from our Singaporean entity, U.S. Direct E-Commerce

(Singapore) PTE. Limited. These Terms apply to the Contract formed between you and U.S.

Direct E-Commerce (Singapore) PTE for the sale of those Products to you. Any references in

these Terms to eShopWorld shall be a reference to U.S. Direct E-Commerce (Singapore) PTE.

Limited.

1.3 Contacting us

1.3.1 If you wish to contact us for any other reason, including because you have a

complaint, please do so by e-mailing us at [email protected].

1.3.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by

post to the address you provide to us in your order.

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2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 We contract with retailers worldwide pursuant to which ESW is the appointed merchant of

record, which enables us to sell retailer’s merchandise to you in your country.

2.2 By placing an order with us through our site, you acknowledge that your transaction will be

with us and not with the respective retailer. You further acknowledge that upon successful

verification by us of the authenticity and sufficiency of the information you provide, we will

then purchase the merchandise from the respective retailer for the sole purpose of

immediately reselling it to you for the amounts presented and agreed-upon when you

submitted your order. We will be responsible for fulfilling the order to you.

2.3 Our site will guide you through the steps you need to take to place an order and make a

payment with us. Our order process allows you to check and amend any errors before

submitting your order to us. Please take the time to read and check your order at each page

of the order process.

2.4 After you place an order, you will receive an e-mail from us acknowledging that we have

received your order. The Contract between us will only be formed when you receive your

order confirmation email.

2.5 We will send you an e-mail that confirms that the Products have been dispatched ("Dispatch

Confirmation").

2.6 If we are unable to supply you with a Product, for example because that Product is not in stock

or no longer available or because of an error in the price on our site or the respective retailer’s

site, we will inform you of this by e-mail and we will not process your order. If you have already

paid for the Products, we will refund you the full amount including any delivery costs charged

as soon as possible and will incur no further liability to you.

2.7 You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the

information you provide, and if we are unable to verify the information automatically, our

representatives may contact you and/or your debit or credit card issuing bank to confirm your

identity and/or your intent to place the order.

2.8 Please note that any Products made available through our site are intended for non-

commercial use, and purchase of any Products for resale purposes is strictly prohibited.

2.9 By placing an order or making a payment through our site, you warrant that you are legally

capable of entering into binding contracts. Your credit/debit card or other payment method

will be billed by us and charges on your statement will be accompanied by the description

"eShopWorld", “eSW”, or similar. You warrant that all the information provided to us for the

purpose of processing payments is correct and you are authorized to utilize the proffered

payment method. You acknowledge that we will be entitled to verify the authenticity and

sufficiency of the payment information you provide. ESW reserves the right to cancel your

order at any stage, in the event that we are unable to verify the information you provide, or

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the payment method that you have selected. In the event of a cancellation by ESW, we will

refund you the full amount that you have paid.

2.10 You acknowledge and agree that we shall conduct pre-payment screening on you and the

information you have provided. These checks are designed to prevent eShopWorld from

conducting business with a sanctioned individual, entity or country in violation of any

applicable laws and regulatory requirements in the territories we operate (including without

limitation all customs laws and regulations and export and import controls administered by

the U.S. government (including, but not limited to, the Export Administration Regulations

under the U.S. Department of Commerce), the European Union and any other applicable

jurisdiction).

2.11 We provide the service of determining the appropriate taxes and duties to be applied to the

importation of the Product by you, and to collect, report and remit these taxes and duties, as

applicable, on your behalf, to the appropriate tax authority. For imports into the European

Union and the United Kingdom, the resulting taxes and duties are included in your payment

and are paid by eShopWorld and there are no additional costs. By accepting these Terms, you

authorise eShopWorld to accept any additional claims for levies (additional assessment) from

the relevant customs authorities. For certain non-European imports, you will be responsible

for the remittance of taxes and duties to the appropriate tax authority. All Products purchased

from us are made pursuant to a shipment contract. Title to the Products shall transfer from

the relevant retailer to eShopWorld after exportation of the Products. Title subsequently

transfers from eShopWorld to you prior to importation of the Product and you shall be the

importer of record (save for delivery to Switzerland, where eShopWorld will be the importer

of record). Risk of loss in the Product passes to you when the Product is delivered to you.

2.12 By ordering Products from us, you hereby authorize a licensed customs broker chosen by us

to act as your agent and transact business with foreign revenue authorities to clear your

Products, account for duties and taxes on your behalf, if applicable return your Products and

if applicable, prepare and submit refund claims on your behalf for any merchandise that you

return. Please note that this section 2.12 excludes customers in Canada; customers in Canada

should refer to section 6.4.

2.13 The price of your order will be quoted including or excluding taxes depending on the delivery

address: (a) Products delivered within Canada will be quoted exclusive of sales tax; and (b)

Products delivered within Europe will be quoted inclusive of value added tax. Shipping costs

are not included in the price; these will be added at the checkout and will be indicated as a

separate charge on your order form (except, in circumstances where free shipping is offered).

2.14 For consumers in Australia, by placing an order with us through our site, you acknowledge

that you are entering into an international transaction with us and not with the respective

retailer. Further, you acknowledge that some banks may charge an international transaction

fee according to their policies. We do not charge this fee or control when your bank will charge

it.

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3. TERMS OF USE OF OUR SITE

3.1 Please read these Terms of Use carefully before you start to use this website. By using our site,

you indicate that you accept these Terms of Use and that you accept and agree to abide by

them. If you do not agree to the Terms of Use, please immediately cease all usage of this site.

3.2 We do not guarantee that our site or any content on it will always be available or be

uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right

to withdraw, discontinue or change all or any part of the site without notice. We will not be

liable to you if for any reason all or any of our sites are unavailable at any time or for any

period.

3.3 You are responsible for making all the necessary arrangements for you to have access to our

site. You are also responsible for ensuring that all persons who access our site through your

internet connection are aware of these Terms, and that they comply with them.

3.4 We may revise these Terms at any time by amending this page. Please check this page from

time to time to take notice of any changes we made, as they are binding on you.

3.5 Note to Consumers in Germany. Section 3.4 shall only apply to the extent any changes do not

unreasonably disadvantage you. If changes are made, we will notify you within a reasonable

period and inform you of your rights. You have the option to close your customer account at

any time. Revisions to these Terms shall not impact this “Note to Consumers in Germany.”

3.6 We may update our site from time to time and may change the content at any time. The

special provisions for consumers in Germany under section 3.5 shall apply mutatis mutandis.

3.7 Access to certain areas of our site is restricted. We reserve the right to restrict access to other

areas of our site, or indeed the whole site, at our discretion.

3.8 The use of our sites by a minor (an individual under 18 years of age) is subject to the consent

of their parent or guardian and our Contract is with the parent or guardian, who is responsible

for the minor's compliance. We advise parents or guardians who permit minors to use the site

that it is important that they communicate with minors about their safety online, as

moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are

using any interactive service should be made aware of the potential risks to them.

3.9 You must not use our site in any way that causes, or may cause, damage to the site or

impairment of the availability or accessibility of the site; or in any way which is unlawful,

illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful

purpose or activity including but not limited to using our site to copy, store, host, transmit,

send, use, publish or distribute any material; gaining unauthorized access to our site; collecting

data from our site; sending unsolicited commercial communications via our site; and/or

without limitation performing any act that is inconsistent with the purpose of this site: to take

in and fulfil consumer orders.

3.10 Where necessary we will report any breach of these Terms to the relevant law enforcement

authorities and if and to the extent allowed under applicable data protection law, we will co-

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operate with those authorities by disclosing your identity and/or your personal information

to them. In the event of such a breach, your right to use our site will cease immediately.

3.11 We reserve all rights, title and interests in our and our affiliates' intellectual property rights

including without limitation, any patents, trademarks, service marks, copyright, database

rights, design rights, know-how, confidential information and any other similar protected

rights in any country.

4. WHAT YOU AUTHORISE US TO DO

4.1 By using our site, you authorise us to process payments, refunds and adjustments for your

transactions, remit funds to your bank account where applicable, charge your credit card or

debit the account linked to your debit card, as applicable, and pay us and our affiliates any

amounts you owe in accordance with these Terms.

4.2 We may at any time require you to provide any financial, business or personal information we

request to verify your identity. You will not impersonate any person or use a name which you

are not legally authorised to use. You authorise us to verify your information (including any

updated information) and to obtain an initial credit authorisation from your credit card issuer.

5. SHIPPING AND DELIVERY

5.1 Your Dispatch Confirmation will contain delivery information which will allow you to track the

delivery of your Products (where such service is made available). Occasionally our delivery to

you may be affected by an Event Outside Our Control. See section 10 for our responsibilities

when this happens.

5.2 If no one is available at your address to take delivery, the carrier may leave a delivery attempt

notice to advise that the merchandise has been returned to their local depot. If this occurs,

please contact the carrier at the number listed on the delivery attempt notice. If you have

further issues, please contact eShopWorld on info@eshopworld.com.

5.3 Delivery of an order shall be completed when we deliver the Products to the address you gave

us, or you collect such Products from us.

5.4 Occasionally, part of an order may be out of stock or backordered by the respective retailer.

If not agreed otherwise in these Terms (particularly under section 10), we are not responsible

for delays in your order due to backorder situations or delays caused by the retailer, and

shipments of your Products will only be made after the Products have arrived at the depot.

5.5 Products are shipped to you based on the information which you provide to us and you are

responsible for the accuracy of such information. If any regulations are breached (including

but not exclusively export/import regulations) due to inaccurate information provided by you

then you are responsible for such breach.

5.6 Our carrier may contact you to arrange deliveries, confirm delivery details and rearrange

deliveries (where applicable) from time to time.

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5.7 If you have chosen cash on delivery as your preferred method of delivery and payment (where

such option is available):

5.7.1 we have discretion to reject certain modes of payment;

5.7.2 we only accept payments in the local currency; and/or

5.7.3 should you not accept the Order or make full payment at the time of delivery, we

reserve the right to refuse to deliver the Products.

6. RETURNS

6.1 Except as otherwise provided in section 8 below, the following section applies with respect to

standard returns for online orders. Please see below for more information regarding your

Right to Cancel if you are a consumer in the European Union and Norway and Faulty

Merchandise.

6.2 Holiday Return: With the original receipt, merchandise purchased between November 1 and

December 31 may be returned for a full refund of the purchase price in the original form of

payment through January 31 the following year.

6.3 If you are not satisfied with your purchase, return it to us for a refund, subject to the following

terms:

6.3.1 We will refund any merchandise that is returned in resalable condition with the

original receipt, invoice, or order confirmation. Select merchandise will be

accompanied with a tag that must stay attached in order to return the item. Refunds

will be issued to the original form of payment. If you paid for your order using

Bancontact, MisterCash, AGMO ePayment+, eKonto, EUTeller, Sporopay, or

Trustpay you will receive an email with a link that you will need to access in order to

provide bank details to process a return. After this is completed, you will receive a

refund within 72 business hours.

6.3.2 Your orders are not eligible for exchanges.

6.3.3 For consumers in the European Union and Norway: once you have submitted your

online return on the A&F website here, you will receive a return label via email (not

available in all locations). A small fee (varied by country) shown on the Returns Portal

will be deducted from your refund if you use this label. Your refund will be processed

initiate as soon as we have received and processed your return. To return your

merchandise without initiating the return online, please send the merchandise via

post to the following below European Union and Norway address. If you use your

own return carrier, you are responsible for the return shipping cost.

For consumers in the European Union and Norway:

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Abercrombie & Fitch/Hollister Co. Returns Department

Leeghwaterweg 4-6-8

4612 RD Bergen op Zoom

The Netherlands

For Consumers in Canada

6.4 Canada consumers agree as follows: U.S. Direct E-Commerce Limited (dba eShopWorld) is an

approved CREDITS participant with the Canada Border Services Agency (CBSA). By ordering

Products from U.S. Direct E-Commerce Limited (dba eShopWorld), I hereby authorize

Livingston International an approved customs broker in CREDITS, to act as my agent, and to

transact business with the CBSA to obtain release of my merchandise, account for duties and

taxes, return merchandise to U.S. Direct E-Commerce Limited (dba eShopWorld), and

electronically submit refund claims on my behalf. Under the CREDITS program, I understand

that the CBSA will send any refund of duties and taxes that were paid on the returned

merchandise to the customs broker, and that I will obtain the refund directly from U.S. Direct

E-Commerce Limited (dba eShopWorld). Further, I also authorize Livingston International to

forward any refund issued by the CBSA in my name, so that U.S. Direct E-Commerce Limited

(dba eShopWorld) can be reimbursed.

7. FAULTY MERCHANDISE

7.1 For consumers in the European Union and Norway: We are under a legal duty to supply

merchandise that is in conformity with this Contract. If you wish to return merchandise which

is faulty or non-conforming, you can email us or call us on your location's toll-free number. If

you choose to return your faulty or non-conforming merchandise, we will first need to confirm

that it is faulty, damaged, or does not correspond to the description on our website. Once

confirmed, we will refund the cost of the merchandise and the original shipping and handling

charges paid by you. If we determine the merchandise is not faulty, you will not be entitled to

a refund and we will return the merchandise to you at your cost. Please see the "Returns"

section above for more information regarding on how you can complete your return. We will

usually credit the refund back to the form of payment that you used to pay for the

merchandise within approximately fourteen (14) days from the date that we receive the

merchandise. Please note, it may take longer for the refund to appear on your payment card

statement. In order to process a return for the following payment types, you will receive an

email with a link that you will need to access to in order to provide bank details to process a

return: Bancontact, MisterCash, AGMO ePayment+, eKonto, EUTeller, Sporopay or Trustpay.

After this is completed, you will receive a refund within 72 business hours.

8. RIGHT OF WITHDRAWAL (CONSUMERS IN THE EUROPEAN UNION AND NORWAY)

8.1 Subject to section 8.2 below, you may cancel your order for any reason without penalty for up

to fourteen (14) days after the order has been received.

8.2 Your right of cancellation shall only apply in circumstances where we are legally obliged to

provide such a right to you in your respective jurisdiction. The right to return (or exchange)

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Products under this section does not apply to Products (i) made to your specification; or (ii)

which have been personalised; or (iii) which by reason of their nature cannot be returned or

are liable to deteriorate or expire rapidly; or (iv) where sealed Products have been supplied

which are not suitable for return due to health protection or hygiene reasons, if they become

unsealed after delivery.

8.3 Withdrawal Policy

Note to Consumers in Germany: In the event of conflict between the German and the English

translations of section 8.3, the German version shall prevail for consumers in Germany.

Right of withdrawal

You have the right to withdraw this Contract within fourteen days without giving any

reason.

The withdrawal period is fourteen days from the date on which you or a third party named

by you, who is not the carrier, have taken or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (eShopWorld c/o U.S. Direct E-

Commerce Limited, 3rd Floor, The Concourse Building, 100-115 Airside Business Park,

Swords, County Dublin, K67 NY94 Ireland, email [email protected]) of your decision

to withdraw from this Contract. For this purpose, you may use the enclosed model

withdrawal form, which is, however, not mandatory. You may also electronically fill in and

submit the model withdrawal form or another clear statement on our website (a link to

the Return Merchandise Cancellation Form will be included in your order confirmation e-

mail and/or your Dispatch Confirmation email. If you make use of this option, we will send

you confirmation of receipt of such revocation without delay (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient that you send the notification

of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you withdraw this Contract, we shall reimburse you all payments we have received from

you, including delivery costs (with the exception of additional costs resulting from the fact

that you have chosen a type of delivery other than the most favourable standard delivery

offered by us), without undue delay and no later than within fourteen days from the day on

which we received the notification of your revocation of this Contract. For this repayment,

we will use the same means of payment that you used in the original transaction, unless

expressly agreed otherwise with you; in no case will you be charged any fees because of

this repayment.

We may refuse to refund you until we have received the goods back or until you have

provided proof that you have returned the goods, whichever is the earlier.

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You must return or hand over the goods immediately and in any case no later than within

fourteen days from the day on which you notify us of the revocation of this Contract to us.

The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods, except if you have received an

eShopWorld nominated or prepaid label.

You must pay for any loss in value of the goods only if such loss in value is due to handling of

the goods that is not necessary for testing the quality, characteristics and functioning

of the goods.

8.4 Model Withdrawal Form

If you wish to withdraw the Contract, please complete and return this form.

- To eShopWorld c/o U.S. Direct E-Commerce Limited, 3rd Floor, The Concourse Building,

100-115 Airside Business Park, Swords, County Dublin, K67 NY94 Ireland, email

[email protected].

- I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the

following goods (*).

- Ordered on (*)/received on (*).

- Name of consumer(s).

- Address of consumer(s).

- Signature of consumer(s) (only if this form is notified on paper):

- Date

---

(*) Delete as applicable.

9. PRODUCT WARRANTIES AND OUR LIABILITY

Subject to deviating provisions under sections 9.7 and 9.8 for Consumers in Germany (for

which solely the provisions in these sections 9.7 and 9.8 shall apply), the following applies with

regard to product warranties and our liability:

9.1 Any warranty related issues arising in respect of a Product should be communicated to the

respective retailer's customer support team. In these circumstances, we will provide a refund

or replace the product as appropriate and solely upon instruction from the retailer.

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9.2 ALL PRODUCT DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO US BY THE RETAILER.

WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH

DESCRIPTION OR SPECIFICATION. WE PROVIDE NO WARRANTIES, GUARANTEES OR

COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE,

OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY PRODUCT PURCHASED BY YOU. TO THE

MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,

RELATING TO FITNESS, QUALITY, OR SAFETY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED

TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED AT LAW, WE WILL NOT BE LIABLE (WHETHER IN

CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY

STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT

LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL

DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS

OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED OR

OBTAINED, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGE. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT CHARGED TO YOUR CREDIT

CARD OR OTHER FORM OF PAYMENT. DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS.

NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT

ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES,

AGENTS OR AUTHORISED REPRESENTATIVES.

9.3 To the extent permitted by law, we exclude all conditions, warranties, representations or

other terms which may apply to our site or any content on it, whether express or implied.

9.4 We will not be liable to any user for any loss or damage arising under or in connection with:

9.4.1 use of, or inability to use, our site; or

9.4.2 use of or reliance on any content displayed on our site.

9.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service

attack, or other technologically harmful material that may infect your computer equipment,

computer programs, data or other proprietary material due to your use of our sites or to your

downloading of any content on it, or on any website linked to it.

9.6 We assume no responsibility for the content of websites linked on our sites. Such links should

not be interpreted as endorsement by us of those linked websites. We will not be liable for

any loss or damage that may arise from your use of them.

For Consumers in Germany

9.7 Regardless of deviating provisions in this section 9, the German consumer’s statutory warranty

rights for defects of goods remain unrestricted and can thus be asserted by them within the

scope of the legally mandatory scope to be granted by us.

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9.8 Regardless of deviating provisions in this section 9, the following applies with respect to

liability provisions and limitations (both in manner and amount) for consumers in Germany:

9.8.1 We shall be liable without limitation to the extent that the cause of the damage is

based on an intentional or grossly negligent breach of duty by eShopWorld or a legal

representative or vicarious agent of eShopWorld.

9.8.2 Furthermore, we are liable for the slightly negligent breach of material obligations.

Material obligations are obligations whose breach jeopardizes the achievement of

the purpose of the contract or whose fulfilment makes the proper performance of

the contract possible in the first place and on whose compliance you regularly rely.

In this case, however, eShopWorld shall only be liable for the foreseeable damage

typical for this type of contract. eShopWorld shall not be liable for the slightly

negligent breach of obligations other than those specified in the preceding

sentences.

9.8.3 No limitation of liability shall apply in the event of injury to life, limb or health, for a

defect following the assumption of a guarantee for the quality of the Product and

for fraudulently concealed defects. Liability under the German Product Liability Act

shall remain unaffected.

9.8.4 Insofar as our liability is excluded or limited, this shall also apply to the personal

liability of our employees, representatives and vicarious agents.

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any

of our obligations under a Contract that is caused by an Event Outside Our Control. An Event

Outside Our Control is defined below in section 10.2.

10.2 An "Event Outside Our Control" means any act or event beyond our reasonable control,

including without limitation strikes, lock-outs or other industrial action by third parties, civil

commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared

or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence,

epidemic, pandemic, health crisis or other natural disaster, or failure of public or private

telecommunications networks, backorder situations or delays caused by the retailer or

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public

or private transport.

10.3 If an Event Outside Our Control takes place that affects the performance of our obligations

under a Contract:

10.3.1 you will be contacted as soon as reasonably possible to notify you; and

10.3.2 our obligations under a Contract will be suspended and the time for performance of

our obligations will be extended for the duration of the Event Outside Our Control.

Where the Event Outside Our Control affects our delivery of Products to you, we will

arrange a new delivery date with you after the Event Outside Our Control is over.

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10.3.3 you may cancel a Contract affected by an Event Outside Our Control which has

continued for more than 30 days from the date of order. To cancel please contact

us. If you opt to cancel, you will have to return any relevant Products you have

already received (where appliable in accordance with these terms and conditions),

and we will refund the price you have paid, including any delivery charges (where

applicable).

11. DANGEROUS GOODS (PERFUME AND FRAGRANCES)

11.1 International authorities such as UNECE and the IATA Dangerous Goods Regulations classify

Products containing fragrances and perfumes as dangerous goods (“Dangerous Goods”) and

as such these Dangerous Goods are subject to strict shipment requirements. The returns

process for Dangerous Goods differs from the returns process for non-Dangerous Goods.

For Consumers in the United Kingdom

11.2 If you make your purchase in the United Kingdom and wish to return your fragrance(s) or

other Dangerous Goods (if appliable), all shipping and handling charges are prepaid, and no

subsequent payment will be payable by you for the returns service. The Dangerous Good you

are returning must be in a fully resaleable condition i.e. unopened and unused and the packing

must not be damaged.

11.3 To return your Dangerous Goods, you should log on to our Return Merchandise Portal, select

the Dangerous Goods to return and generate your returns label. eShopWorld will notify you

when the returned Dangerous Goods are received into the eShopWorld returns facility. The

returned Dangerous Goods will be inspected at the eShopWorld returns facility for

confirmation and we will refund any amounts due to you. Deductions may be made from

refunds where any such returned Dangerous Goods are returned in an unacceptable

condition. If the returned Dangerous Goods are not fully resaleable or the packaging is

damaged, we reserve the right to refuse a refund.

For Consumers in the European Union

11.4 If you make your purchase in the European Union (excluding United Kingdom) eShopWorld

will provide you with an online returns label through the Return Merchandise Portal, which

will include the applicable eShopWorld return address. You shall pay all shipping and handling

charges from your address to the eShopWorld return address. The Dangerous Good you are

returning must be in a fully resaleable condition i.e. unopened and unused and the packing

must not be damaged.

11.5 You are required to inform the carrier that the returns package contains fragrances and or

perfumes, and this will also be notified to you on the Return Merchandise Portal. Once the

Dangerous Goods are returned to the eShopWorld returns address, we will inspect the

returned Dangerous Goods and we will refund any amounts due to you. Deductions may be

made from refunds where any such returned Dangerous Goods are returned in an

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unacceptable condition. If the returned Dangerous Goods are not fully resaleable or the

packaging is damaged, we reserve the right to refuse a refund.

For Consumers in Japan

11.6 You should contact eShopWorld’s customer support services at

[email protected].

Faulty Dangerous Goods

11.7 Further to section 6.8, to return your damaged or faulty Dangerous Goods, you should contact

eShopWorld’s customer support services at [email protected].

12. PERSONALISED PRODUCTS

12.1 The ability of eShopWorld to fulfil any personalised Order is subject to availability of:

12.1.1 the Product/stock; and

12.1.2 the materials requested/required.

12.2 The manufacturing time and/or the shipping time of any such Products may be affected due

to Product or material constraints.

13. INDEMNITY

13.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages,

costs, liabilities and expenses (including without limitation legal expenses and any amounts

paid by us to a third party in settlement of a claim or dispute on the advice of our legal

advisers) incurred or suffered by us arising out of any breach by you of any provision of these

Terms, or arising out of any claim that you have breached any provision of these Terms.

For Consumers in Germany

13.2 The foregoing indemnification provision in section 13.1 shall not apply if you are not

responsible for the breach. In addition, the foregoing indemnification provision shall not apply

if it is merely an allegation that you have breached a provision of these Terms, but a culpable

breach on your part cannot be established.

14. BREACHES OF THESE TERMS OF USE

14.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any

way, we may take such action as we deem appropriate to deal with the breach, including

suspending your access to our site, prohibiting you from accessing our site, blocking

computers using your IP address from accessing our site, contacting your internet service

provider to request that they block your access to our site if and to the extent allowed under

applicable data protection law and/or bringing court proceedings against you.

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15. ONLINE DISPUTE RESOLUTION

15.1 For consumers in the European Union and Norway: The EU (Online Dispute Resolution for

Consumer Disputes) Regulations 2015 requires all traders established in the European Union,

who engage in online sales or services contracts, and all online marketplaces established

within the European Union to provide:

15.1.1 an electronic link to the ODR Platform which is available at

http://ec.europa.eu/consumers/odr/.

15.1.2 If you wish to contact eShopWorld directly regarding your Online Dispute you can

do so at [email protected].

For Consumers in Germany

15.2 To comply with our information obligation according to Section 36 of the Act on Alternative

Dispute Resolution in Consumer Matters (VSBG), we hereby declare that we are neither

obligated nor willing to participate in dispute resolution proceedings at a consumer arbitration

board.

16. OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this

will not affect your rights or our obligations under these Terms.

16.2 This Contract is between you and us. No other person shall have any rights to enforce any of

its terms.

16.3 We only use your personal information in accordance with our Privacy Statement. Please take

the time to read our Privacy Statement carefully, as it includes important terms which apply

to you. To the extent permitted under applicable data protection law, particularly for the

purpose of performance of the Contract, the retailer may also use your personal information,

in accordance with their own separate Privacy Policy which can be found on their website.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority

decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain

in full force and effect.

16.5 Nothing expressed or mentioned in or implied from these Terms is intended or shall be

construed to give to any person other than the parties hereto any legal or equitable right,

remedy or claim under or in respect to these Terms. These Terms and all of the

representations, warranties, covenants, conditions and provisions hereof are intended to be

and are for the sole and exclusive benefit of us, our affiliates and you.

16.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not

enforce our rights against you, or if we delay in doing so, that will not mean that we have

waived our rights against you and will not mean that you do not have to comply with those

obligations.

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16.7 Please note that these Terms are governed by Irish law. This means a Contract for the purchase

of Products through our site and any dispute or claim arising out of or in connection with it

will be governed by Irish law. You and we both agree that the courts of Ireland will have non-

exclusive jurisdiction.

16.8 As a consumer, you will benefit from any mandatory provisions of the law of the country in

which you are resident. Nothing in these terms and conditions, including section 16.7, affects

your rights as a consumer to rely on such mandatory provisions of local law.

For Consumers in the European Union

16.9 If you are a consumer habitually resident in the European Union, you also enjoy the protection

of the mandatory provisions of the law of your country of residence. In that case, you may

choose to bring claims relating to these Terms arising from consumer protection standards in

both Ireland and the member state of the European Union in which you have your habitual

residence.