GENERAL TERMS AND CONDITIONS OF USE AND SALE
These general terms and conditions (the “Conditions”) apply to:
a) the use of any information, pictures, documents and/or other services on the following European online store of Calvin Klein www.calvinklein.com and their different versions (the “Website”); and
b) the purchase of Calvin Klein branded products on the Website.
1. Data privacy
All personal data is treated confidentially, and your rights to protection of your justified concerns are observed strictly in accordance with legal requirements. For more information, please see Annex 1 hereto, which includes our privacy, security and cookies policy.
2. Exclusion of liability for external links
3. Information on the Website
The information on the Website is for general information purposes only and does not constitute advice. Even though Calvin Klein has composed its Website with care, the information, texts, documents, graphics, movies, music and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. Calvin Klein does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or Information is correct, up to date and accurate.
Calvin Klein shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of Calvin Klein.
Calvin Klein shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
4. Intellectual property
All brand names, logo, product names and titles used on the Website are trademarks or trade names of Calvin Klein or third party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are the copyrights of Calvin Klein and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, of for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.
6. Unsolicited Ideas
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to Calvin Klein by e-mail or otherwise, we shall be entitled to use, copy and/or commercially exploit such Materials to the fullest extent and free of charge and we shall not be bound by any confidentiality obligation in respect of such Materials.
You hereby indemnify and hold Calvin Klein harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
III. TERMS OF SALE
You can order as a registered user or as a guest. You need an email address to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding products to your shopping cart and submitting your order.
The products offered on the Website represent an offer to purchase products from CK Stores B.V. (“Calvin Klein”) based on the data provided on the Website.
Please note that in Austria and Germany, the products offered on the Website represent an invitation to customers to make an offer to purchase products from CK Stores B.V. (“Calvin Klein”) based on the data provided on the Website.
All prices indicated are EUR amounts and include value added tax. Orders and deliveries are possible only within Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Poland, Spain and Sweden. If Calvin Klein is not able to execute an order, Calvin Klein will inform you as quickly as possible. Orders are accepted only in quantities usual for households. For more information about ordering, please check our order information.
When you submit an order, we will send you an email acknowledging receipt of your order (“Order Confirmation”). This does not mean that we have accepted your order. Our acceptance of the order takes place when the products are shipped to you – we will send you an email confirming that the products have been shipped (“Shipping Confirmation”).
Products on the Website are in stock and are ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues from customers ordering products at the same time. When we are unable to ship an item already ordered, we may cancel that part of your order and you will be reimbursed or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. Our online collection is regularly replenished so it's worth checking back with us regularly. Alternatively, if the products you are looking for are sold out, you may wish to check availability with your Calvin Klein store through our Store Locator.
If you have placed an order in error, or would like to cancel an order before it is delivered, please immediately call Calvin Klein’s customer service at 00800 – 74636499 (toll free number) Monday - Friday 09:30 – 18:00 CET or e-mail Calvin Klein at: email@example.com. Calvin Klein will do its best to assist you any way it can. As Calvin Klein always strives for quick deliveries, it means there is not much time to cancel your order.
Please note that we cannot make or accept any changes (address, size, color) once your order has been placed.
Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by written notice to you in the following situations (not limitative), without being liable for any damages or costs other than repayment of any amount received from you in relation to the order we have cancelled:
- The product is not available
- Your billing information is not correct or not verifiable
- Your order is flagged up by our security systems as an unusual order or an order susceptible of fraud
- If applicable your bank transfer payment is not received within 5 business days after the Order Confirmation
- We could not deliver to the address provided by you
- Due to circumstances or events beyond our control.
You can pay for the products by credit card (MasterCard, Visa, American Express), PayPal and by other means as may be applicable in your country, see here for more information on the payment process.
If you have a promotion code, please enter it in the shopping bag page in the ‘Promotion code’ field and click on ‘Apply’. Please check the expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase. Please note that if using promotion codes on products on sale and the total discount is higher than 50% of the original price the promotion code might not be applicable. Every promotion code is valid for one time use only, unless stated differently.
During the payment process Calvin Klein may perform credit checks. Based on the outcome thereof Calvin Klein may change, adjust or decline an order and/or the selected payment method. In most cases Calvin Klein will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks.
Your total price
The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
As a rule, delivery time is 3 to 5 working days after shipping the order. See our delivery information for more details.
If you make a purchase that exceeds the threshold applicable in your country of delivery, you will receive free “standard delivery” or the option of discounted “express delivery”. See our delivery options for more details.
If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights.
5. Retention of ownership
The products remain the property of Calvin Klein until payment is made in full.
6. Return and Cancellation
Returning defective products
All products purchased on the Website may be returned within the following time frame at your own risk. You need to inform us of your intention to return the product(s) within 14 days after the day on which the product(s) come into your physical possession (or into the possession of a third party other than the carrier and indicated by you), following the instructions below. You then need to physically return such product(s) to us without undue delay and in any event not later than 14 days after the day you informed us about your intention to return the product(s). In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see below or see our return information.
Exercising your right of return (withdrawal)
All products purchased on the Website may be returned free of charge within 14 days of receipt thereof, at your own risk. If you withdraw from your order, we will reimburse to you all payments received from you, including the costs of standard delivery and eventual administration fees, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to return products. We may however withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest. The following products may not be returned: underwear, swimwear and make-up (unless in original sealed wrapping).
Please note that products that you have bought online cannot be returned to Calvin Klein stores in your local area and vice versa. Please make sure that you do not have returns from multiple orders in one parcel to ensure that you get your refund as quickly as possible.
Returned products must be returned in the same condition as they were sent – and must have their original label. We will not accept or refund products that have been worn or washed. If the products have deteriorated due to a more extensive use, we reserve the right to send the product back to the shipper.
In addition, please be reminded of the existence of a legal guarantee of conformity for products under Section 13 of the Sales of Goods Act 1979.
How to return
In case you want to return products, the order confirmation and/or each delivery will include (i) return information, in the form attached hereto as Annex 2, (ii) a link to an online model return form or a printed model return form, in the form attached hereto as Annex 3, and (iii) a return label. To help us serve you better please make sure that you fully complete the returns form. It is important that you state the reason for returning each item you return to us. Stick the returns label to the box and if using the box that we sent to you, make sure that the return label covers the original label used to ship the parcel to you. Your return will be handled by the carrier mentioned in your return form. Please read our return information carefully.
Calvin Klein does not have an exchange service. You can of course return any product that you are not fully satisfied with, for which a refund will be issued. If you would like another product, color or size, please place a new order.
Once your returned products have been checked and inspected at our warehouse, you will receive a refund e-mail notification, if a refund will be made. Your refund will be paid to the same card or account that was used to place the order without undue delay. For further information, see Annex 2.
Refunds usually take up to 8-10 working days to appear on your statement. The length of time depends solely on your card company’s policies. You can always check your refund status on your online account or by contacting your card issuer.
In order to get a full refund it is important that we receive the returned products in the state in which you received them: the returned products must be complete, unworn, unwashed and have all the product labels and tags intact.
7. Promotional offers
Promotional offers (discount codes) from Calvin Klein are limited to one per customer, per order. It is not possible to combine promotional codes.
1. Contact information
CK Stores B.V.
1054 ES AMSTERDAM
Telephone: 00800 – 74636499 (toll free number) 09.30 - 18.00 CET Mon - Fri
2. Changes to these general terms and conditions
If Calvin Klein decides to change these general terms and conditions, we will post the changed terms and condition on the Website. You are advised to regularly check whether they have changed. These terms and conditions were last modified in March 2016.
3. Governing law and jurisdiction
These general terms and conditions are governed by the laws of the Netherlands, but excluding the Vienna Convention for the International Sale of Goods. The competent court in Amsterdam, the Netherlands shall have exclusive jurisdiction to settle any dispute in connection with these general terms and conditions without prejudice to the right of appeal and that of appeal to the Supreme Court.
PRIVACY, SECURITY AND COOKIES POLICY
When you visit our Website, we obtain personal information which you knowingly disclose to us. We request information when you make purchases, which may include name, address, telephone number, email address, gender, credit card information (“Personal Data”); when you request information; when you register/sign up for our newsletter, to become a Calvin Klein Club member, to create your online account or when you participate in any other Website service. We then use the Personal Data to create a user profile. In this context we may combine the information you give us online with other information from Calvin Klein sources, transactions and communications collected or processed by any Calvin Klein group of companies and authorized subcontractors. Finally, if you publicly post about Calvin Klein, or communicate directly with us, on a social media website, we may collect and process the data contained in such posts or in your public profile for the purpose of addressing any customers services requests you may have and to monitor and influence public opinion about Calvin Klein.
The personal and non-personal data we receive by you visiting the Website is treated as confidential and we strictly observe the applicable national protection acts in that respect. Your use of the Website indicates your acceptance of the Website’s privacy, security and cookies policy, which may be amended from time to time.
1. YOUR PRIVACY
We may collect, process and use your personal information (“Personal Data”) to carry out our obligations arising from any contracts entered into between you and us (order of products for example), to provide you with information that you request from us, to send you the latest product and promotional information and, to send you our Newsletter. Calvin Klein is the controller for the processing of your Personal Data. When you are logged in and fill in forms or access your data on the Calvin Klein Site, a secure connection is used (http via SSL, also known as HTTPS). The data you enter is automatically encrypted before it is sent. All of the data and information received is sent and processed by/on behalf of Calvin Klein outside Europe, in the USA by PVH Corp, the mother company of Calvin Klein, who entered into a data processing Agreement (including EU Model Clauses) with Calvin Klein in order to comply with European data protection requirements. All the data is protected and only available to authorized personnel and subcontractors. We do not collect Personal Data automatically unless you give us your prior consent. For instance by signing up for the Newsletter, we may ask you for your e-mail address or if you purchase an item from the online-shop, we may ask you for your name, postal address and e-mail address. The collected data will be kept confidential and secure from any potential abuse and therefore will only be used for the limited purposes stated above.
2. PURPOSE OF PROCESSING PERSONAL DATA
a) If you have consented to this by ticking the appropriate box before submitting your registration on the Website, your Personal Data will be processed by us for sending you information about Calvin Klein, Calvin Klein Club by email, to receive the latest news on promotions and products. We would like to keep you updated on our latest products, events, special offers and other opportunities and developments within Calvin Klein. We will do this by means of e-newsletters. For this purpose, we process your name, email address and an overview of which newsletters we have sent you. We retain your Personal Data for as long as you wish to receive information from us. In case you do not want to receive such emails anymore, you can unsubscribe at any time by contacting us or by using the unsubscribe option included in each email message sent by us.
b) Your Personal Data will be processed by us for the technical and functional management of the Website. When you visit our Website, our Website administrators process technical data linked to the use of the Website to enable us to deliver the functionalities of the Website. With this technical data our website administrators can manage the Website, for instance by resolving technical difficulties or improving the accessibility of certain parts of the Website. This way, we ensure that you can (continue to) find the information on the Website in a quick and simple manner. For this purpose cookies are used as well. Read more. For this purpose we process technical data like the IP-address of your computer, the visited webpage's of the Website, the internet browser you use, previous/next visited Website and the duration of a visit/session. We retain technical data for as long as legally required for this purpose.
c) You can contact us by other means (such as e-mail, fax or telephone). In this case we will use your Personal Data to answer your question. For this purpose we process your name, your contact information, your correspondence with us about your question and all other Personal Data you provide us with and which is required to answer your question. Your data will be kept in our systems for as long as legally required and will then be deleted, with the exception of a log file containing your name, contact information, the date you contacted us and the subject of your question.
d) Other purposes such as but not limited to the following:
· The generation of management information and statistical data;
· If you participate in our prize contests, events, competitions, promotions and/or games of chance, to be able to organize the prize contests, events, competitions, promotions and or games of chance, to announce the winners and measure the response to prize contests, events, competitions, promotions and or games of chance;
· To comply with legal obligations
· To administer membership;
· For attribution of content you post;
· To process payments;
· To prevent or stop fraud and abuse;
· For bookkeeping;
· To administrate the forum;
· For access control and security measures of our building and ground.
3. WHO HAS ACCESS TO YOUR DATA
Calvin Klein uses third parties for certain processing activities, such as Website hosting. As far as these third parties have access to Personal Data in order to execute these processing activities, we have taken the required organizational and contractual measures to ensure that your Personal Data is exclusively processed for the purposes mentioned above. Only if we are required to do so by law, your Personal Data will be provided to supervisory agencies, fiscal authorities and investigative agencies.
Now and then, Calvin Klein will organize a prize contest, promotion or games of chance in co-operation with a third party. In such a case, this will be stated clearly on the Website. If you participate in such a prize contest, event or games of chance, your Personal Data will (to the extent required) be made available to these third parties, to the extent of necessity.
4. THIRD PARTIES
Third parties may receive or collect information through our Website. In some countries, we also use third parties for solvency checks. Please check our payment section in our orders terms and conditions by clicking here for more details.
These third parties are contractually bound with Calvin Klein to use the Personal Data only according to this privacy, security and cookies policy. We are not in the business of selling Personal Data about our customers for marketing purposes to third parties. We may, however, share non-personally identifiable information with certain third parties as described herein. There are other limited circumstances in which we share Personal Data, such as from time to time we may engage the services of third parties to help us analyze the use of our Website. These third parties are not authorized to send you any information about products and services from other companies without your permission.
5. LOG FILES
As with most websites, we automatically gather non-personally identifying information and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, data/time stamp, and clickstream data. We use this information, which does not identify users, to analyze trends, to administer the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected information to personally identifiable information.
6. SOCIAL PLATFORMS
7. LINKS TO OTHER WEBSITES
On the Website you will find a number of links to other websites. Although these websites are selected with care, we are not responsible for the processing of your Personal Data through these websites. Our General Terms and Conditions of use and sale and this privacy, security and cookies policy are therefore not applicable to the use of such websites.
8. COOKIES ON THIS SITE
Strictly necessary cookies are essential in order to enable you to move around the Website and use its features, such as accessing secure areas of the Website. Without these cookies, services you have asked for, like shopping baskets or e-billing, cannot be provided.
Performance cookies collect anonymous information about how you use the Website and the pages that you have visited, for instance which pages you go to most often, and if you get error messages from web pages. These cookies do not collect information that identifies you. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how our Website works.
Functionality cookies remember your selection and choices to improve your experience in our Website. For instance, the cookies enable you to place products in your shopping cart and review the contents of your shopping card. These cookies allow our Website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. For instance, our Website may be able to recognize in which area you are currently located by storing this information. The Website can also recognize if the user has already signed up for our newsletter or if the user is seeing a certain page for the first time. The information these cookies collect is aggregated and therefore anonymous and they cannot track your browsing activity on other websites.
Advertising cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the Website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization.
First party cookies allow us to understand who has visited which page(s), to determine how frequently particular pages are visited and to determine the most popular areas of the site and general in order to monitor the usage of the Website.
Third party cookies are used for analyzing traffic sources and visitor behavior as well as for controlling access and site features across the Website.
Session cookies are used to store information about your page activities so you can easily pick up where you left off on the server's pages. When you close the internet browser, the session is ended and the cookie is deleted.
Persistent cookies are employed to store your preferences and to recognize you at a subsequent visit.
Not strictly necessary cookies: Only if you have given prior consent, we place cookies that are not strictly necessary for providing the functionalities of the Website. Through such non-strictly necessary cookies we collect information about your use of the Website and remember your preferences. Examples of collected information are which pages are visited and the length of a user session. Through these cookies we aim to improve your user experience of our Website. If you do not consent to cookie being placed, these cookies will be blocked. Click here for a full list of cookies used on the Website.
If you wish to have more information regarding the cookies that are used on our Website, please contact us at firstname.lastname@example.org. For more information on cookies and how to disable them please contact your helpdesk administrator or contact your web browsers support. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
9. HOW WE PROTECT PERSONAL INFORMATION
Your Personal Data are treated strictly confidential and our Website maintains appropriate administrative, technical and physical safeguards and security measures to protect the Personal Data you provide on this Website against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use and any other unlawful forms of processing. To this purpose, Calvin Klein uses several security techniques including secure servers, firewalls and encryptions, as well as physical safeguard of the locations where the data are stored.
10. MINORS PROVIDING PERSONAL DATA
Persons below the age of 18 may only provide personal data to Calvin Klein if they have written permission of one of their parents or their legal guardian who has read this privacy, security and cookies policy.
11. CHANGES TO THIS PRIVACY, SECURITY AND COOKIES POLICY
This privacy, security and cookies policy may be changed over time: users of the Website are advised to regularly review this policy for possible changes. This policy was last modified in June 2014.
This policy can be stored or printed using the buttons at the top of this page.
12. CONTACT – RIGHT TO ACCESS AND CORRECT PERSONAL DATA
If you have any questions, comments or complaints about us or how we process your Personal Data, or in case you wish not to be contacted by us for direct marketing purposes anymore, please contact us at the address, phone number or email below. Also, upon request, we will provide you with a summary of any personally identifiable information collected and retained by us regarding you. You may modify, correct, or update your personal information or request to have your personal information removed from our database. We will only send copies of personal information to the email address on file for the visitor name associated with it.
Our contact details are:
CK Stores B.V
1054 ES Amsterdam
Telephone: 00800 – 74636499 (toll free number) 09.30 - 18.00 CET Mon - Fri
© 2014, CK Stores B.V.
All products purchased on the Website may be returned within the following time frame at your own risk. You have the right to return products and cancel (“withdraw from”) your order within 14 days, without giving any reason. The withdrawal period will expire 14 days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the products ordered in one order. You then need to physically return such product(s) to us without undue delay and in any event no later than 14 days after the day you informed us about your intention to return the product(s).
To exercise your right of withdrawal, you must inform us of your decision to withdraw from your order by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) at the following contact:
Marco Poloweg 7
Telephone: 00800 – 74636499 (toll free number) 09.30 - 18.00 CET Mon - Fri
You may use the attached model return form (Annex 3) that can be found online, but it is not obligatory.
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 your order, we will reimburse to you all payments received from you, including the costs of standard delivery and eventual administration fees, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to return products. We may however withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest. 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. Costs of delivery will not be reimbursed in case you withdraw only part of your order.
You will return the products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired.
We will bear the cost of returning the products. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
For more information on how to return your order, please click here.