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Terms and conditions for sale

TERMS AND CONDITIONS FOR USE OF THE WEBSITE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (the “Terms”) CAREFULLY. BY TICKING THE CHECKBOX INDICATING YOUR AGREEMENT OR BY USING THE WEBSITE OR MOBILE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE TERMS AND CONDITIONS FOR SALE, WHICH ARE HEREBY INCORPORATED BY REFERENCE.

The website is owned and operated by BESTSELLER HANDELS B.V., business registration number 59896604, Koivistokade 1 C, 1013 AC Amsterdam, the Netherlands (“BESTSELLER,” “we,” “us” and “our”). Note that we sometimes link to the website www.aboutbestseller.com. This page (www.aboutbestseller.com) is owned by BESTSELLER A/S in Denmark, and not by Online Shop BESTSELLER HANDELS B.V., Koivistokade 1 C, 1013 AC Amsterdam, the Netherlands.

These Terms provide that all disputes between you and BESTSELLER with respect to these Terms and your use of our website and mobile applications will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, [[except for matters that may be taken to small claims court]], to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 8 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with BESTSELLER.

1. INTELLECTUAL PROPERTY

All names, brands, trademarks and logos on the website are the property of BESTSELLER A/S in Denmark or its associated companies and partners and are licensed by BESTSELLER HANDELS B.V. All such names, brands, trademarks and logos are protected by copyright and/or registered trademarks and can only be used with permission from BESTSELLER A/S or the respective owner of such rights. The content and information of the website such as text, design, graphics, icons, images, videos, audio files, databases, database structure and software (including object code and source code) are the property of BESTSELLER HANDELS B.V. or BESTSELLER A/S or their associated companies and partners. Downloading content or information from the website is only allowed for personal, non-commercial use, provided you keep the copyright intact and comply with all other terms and conditions applicable to your use including, without limitation, these Terms. You may not copy, republish or distribute content from the website for public or commercial purposes or otherwise use the copyrighted content without permission from BESTSELLER HANDELS B.V., BESTSELLER A/S or their associated companies and partners, as the case may be. BESTSELLER HANDELS B.V., BESTSELLER A/S, and their associated companies and partners retain all right, title, and interest, including intellectual property rights and all other rights in names, brands, trademarks and logos, text, design, graphics, icons, images, videos, audio files, databases, database structure and software (including object code and source code), in whole and in part, and all derivations, adaptations, or translations, collections, or subsets of the foregoing (“BESTSELLER IP”). Except for the rights expressly granted above, nothing in these Terms shall be construed to transfer any right, title, or interest to you of BESTSELLER IP (including, without limitation, all intellectual property rights therein). You disclaim and waive all rights to the BESTSELLER IP and all intellectual property rights therein, other than those rights expressly granted in these Terms, and will assert no claim (copyright, patent, or otherwise) to their use, development, and/or production.

2. PRIVACY

Please read about how we process personal data in our Privacy Policy.

3. GOODS AND SERVICES

Availability. The inclusion of any goods or services on the website does not imply or warrant that these goods or services will be available to purchase.

Order Limitations. We reserve the right to limit quantities on orders placed by the same account, placed by the same method of payment, and/or that use the same billing or shipping address. We will notify you if such limits are applied to you.

Product Descriptions and Information. We attempt to be as accurate as possible in posted product descriptions on the website. However, we do not warrant that descriptions, prices, colors, specifications, or other content or information about goods or services on the website are accurate, complete, reliable, current, or error-free. Certain weights, measures, descriptions and other information are approximate and are provided for convenience purposes only. We reserve the right to change or update content and information and to correct errors, inaccuracies or omissions at any time without prior notice. If we determine that there were inaccuracies in our information about goods or services, we may cancel your order and notify you of such cancellation.

Compliant with Applicable Law. It is your responsibility to obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the use of and purchases from this website and the receipt, possession, use, and sale of any item purchased from this website. By placing an order, you represent that the goods ordered will be used only in a lawful manner.

4. NO WARRANTIES

BESTSELLER HANDELS B.V. makes no warranties regarding the accuracy of the information on the website. However, you are always welcome to contact us, if you find incorrect information on the website. BESTSELLER HANDELS B.V. is entitled to change the content of the website at any time without preceding notice.

If the website links to a third party website, BESTSELLER HANDELS B.V. makes no warranties for the content of the third party website. These links are made for your convenience only, but it is at your own risk when you visit a third party website.

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , GOODS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY BESTSELLER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN OR IN YOUR CONTRACT, BESTSELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE GOODS.

5. LIMITATION OF LIABILITY

BESTSELLER is not liable for any delays or for non-performance due to force majeure. For as long as a force majeure situation persists, BESTSELLER is relieved from performance of its obligations.

To the maximum extent permitted by applicable law, in no event shall BESTSELLER be liable for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to, any lost data, lost profits, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising out of or in connection with the use of the website or BESTSELLER online shop, including without limitation the materials or information provided through the website or BESTSELLER online shop, the goods or services, or the transactions conducted on or from any company websites, even if BESTSELLER or any of its lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In particular, and without limiting the preceding paragraph, in no event will BESTSELLER be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, BESTSELLER’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of BESTSELLER.

IF, DESPITE THE LIMITATIONS ABOVE, BESTSELLER IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE WEBSITE, GOODS OR SERVICES, OR THE BESTSELLER ONLINE SHOP, BESTSELLER’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) SHALL NOT BE FOR MORE THAN, IN THE AGGREGATE, THE LESSER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC GOODS OR SERVICES PURCHASED BY YOU AND TO WHICH THE CLAIM RELATES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE WEBSITE OR BESTSELLER ONLINE SHOP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE WEBSITE AND BESTSELLER ONLINE SHOP.

CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

FOR THE PURPOSES OF THIS SECTION, “BESTSELLER” SHALL INCLUDE BESTSELLER’S AFFILIATES AND SUBSIDIARIES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS.

6. INDEMNITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE RESPONSIBLE FOR YOUR USE OF THE WEBSITE, GOODS AND SERVICES MADE AVAILABLE ON THE WEBSITE AND THE BESTSELLER ONLINE SHOP, AND YOU WILL DEFEND AND INDEMNIFY BESTSELLER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, LICENSEES AND AGENTS FROM AND AGAINST EVERY CLAIM, LIABILITY, DAMAGE, LOSS, AND EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR ACCESS TO, USE OF, OR ALLEGED USE OF, THE WEBSITE, GOODS OR SERVICES AVAILABLE ON THE WEBSITE OR THE BESTSELLER ONLINE SHOP; (B) YOUR VIOLATION OF ANY PORTION OF THESE TERMS, ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED IN THESE TERMS, OR ANY APPLICABLE LAW OR REGULATION; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT OR PUBLICITY, CONFIDENTIALITY, OTHER PROPERTY, OR PRIVACY RIGHT; (D) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY THIRD PARTY; AND (E) FRAUD, INTENTIONAL MISCONDUCT, CRIMINAL ACTS, GROSS NEGLIGENCE, OR NEGLIGENCE COMMITTED BY YOU. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THAT MATTER), AND IN THAT CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THAT CLAIM.

7. EXPORT

You agree that any purchased goods licensed or sold on the website, which may include technology and software, and all software code, including all HTML code and controls that are contained on the website, may be subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the website, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

8. DISPUTE RESOLUTION AND ARBITRATION

  • Generally. In the interest of resolving disputes between you and BESTSELLER in the most expedient and cost effective manner, you and BESTSELLER agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted under applicable law. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims (including, without limitation, substantive claims and threshold questions of the applicability and scope of this Section 8) arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BESTSELLER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

  • Exceptions. Despite the provisions of Section 8(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit any right that is required under applicable law to be granted to either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

  • Arbitrator. To the fullest extent permitted under applicable law, any arbitration between you and BESTSELLER will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting BESTSELLER.

  • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). BESTSELLER’s address for Notice is: BESTSELLER HANDELS B.V., Attention: Legal Department, Koivistokade 1 C, 1013 AC Amsterdam, the Netherlands. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or BESTSELLER may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or BESTSELLER must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

  • Fees. If you commence arbitration in accordance with these Terms, BESTSELLER will reimburse you for your payment of the filing fee, unless your claim is for more than $1,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Delaware, but if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse BESTSELLER for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

  • No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND BESTSELLER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BESTSELLER agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

  • Time Limit on Claims. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NO ACTION ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THESE TERMS AND CONDITIONS SHALL BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION. If it applies, this period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.

  • Modifications to this Arbitration Provision. If BESTSELLER makes any future change to this arbitration provision, other than a change to BESTSELLER’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to BESTSELLER’s address for Notice, in which case your account with BESTSELLER will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

  • Opt-Out Procedure. You can choose to reject this arbitration agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new users, the Opt-Out Notice must be postmarked no later than 30 days after the date you use the Service for the first time. You must mail the Opt-Out Notice to BESTSELLER HANDELS B.V., Attention: Legal Department, Koivistokade 1 C, 1013 AC Amsterdam, the Netherlands. The Opt-Out Notice must state that you do not agree to this arbitration agreement and must include your name, address, phone number, and the email address(es) used to log in to the website or mobile applications to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the arbitration agreement. If you opt out of the arbitration agreement, BESTSELLER will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. BESTSELLER users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, BESTSELLER will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.

  • Enforceability. If Section 8(f) is found to be unenforceable or if the entirety of this Section 8 is found to be unenforceable, then the entirety of this Section 8 (except this Section 8(i)) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms.

9. NOTICE REGARDING APPLE

This sub-section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for our mobile application(s) or the content thereof. Your right to use the mobile application on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the mobile application. Apple is not responsible for addressing any claims by you or any third party relating to the mobile application or your possession and/or use of the mobile application, including: (a) product liability claims; (b) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. All such responsibility is allocated between us and you under these Terms. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the mobile application and/or your possession and use of the mobile application infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the mobile application. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You agree that Apple is not responsible for any maintenance and support services in connection with the mobile application. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. NOTICE REGARDING GOOGLE

This sub-section only applies to the extent you are using our mobile application(s) on an Android device. You acknowledge that these Terms are between you and us only, not with Alphabet Inc. (“Google”), and Google is not responsible for the mobile application or the content thereof. You agree that Google is not responsible for any maintenance and support services in connection with the mobile application.

11. GENERAL

These Terms, together with any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and BESTSELLER regarding your use of our websites and mobile applications. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2 and 4 through 11, along with the BESTSELLER Privacy Policy and any other accompanying agreements, will survive. These Terms and your use of our websites and mobile applications and any disputes arising out of on in relation to these Terms or your use of our websites and mobile applications are governed by the laws of the State of Delaware without regard to conflict of laws principles. If a lawsuit or court proceeding is permitted under these Terms, then you and BESTSELLER agree to submit to the exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating any dispute, and you hereby consent to the personal jurisdiction and venue thereof. Except as expressly stated in these Terms or as required by applicable law, there are no third-party beneficiaries under these Terms, the parties do not intend any third-party beneficiaries, and neither party intends for a third party to benefit from its performance under these Terms.

TERMS AND CONDITIONS FOR SALE

The below terms and conditions shall apply to all purchases made from BESTSELLER HANDELS B.V., Koivistokade 1 C, 1013 AC Amsterdam, the Netherlands, business registration number in the Netherlands 59896604 ("BESTSELLER") by customers purchasing goods in the BESTSELLER online shop. These Terms and Conditions for Sale are incorporated into and made a part of the Terms & Conditions for Use of the Website .

1. CONCLUSION OF CONTRACT

A final and binding contract has been concluded between you and BESTSELLER when your order has been confirmed by BESTSELLER. BESTSELLER will send an order confirmation to you by email when the order has been confirmed and shipped. The order receipt or notice on the website received immediately after placing the order does not constitute an order confirmation.

You are only allowed to purchase products in the BESTSELLER online shop if you are a private consumer, i.e. not a business customer, retailer, or reseller.

Fair use BESTSELLER reserves the right to prevent persons from shopping via the BESTSELLER online shop in case of a high number of returns. Moreover, deactivation of customer accounts can also be triggered by suspected fraud.

2. PRICES, TAXES AND DELIVERY

All prices are stated exclusive of VAT, sales, use, and other taxes, but applicable VAT or sales taxes are added to the invoice prior to your acceptance to make your online payment. To the extent use tax is applicable, it is up to you to calculate, report, and pay such use taxes. The applicable price is the one stated in the BESTSELLER online shop in respect of the relevant product on the date of placing of the order.

BESTSELLER reserves the right to amend any prices incorrectly stated in the BESTSELLER online shop. Furthermore, BESTSELLER reserves the right to amend any prices, taxes and/or other costs stated in the BESTSELLER online shop at any time, e.g. due to changes in VAT, or sales tax rates or other public fees and charges, increased costs or as a result of the general development in prices.

Please note that some banks do charge an extra overseas transaction fee, as we have a Danish bank account. This fee is charged by the bank (and not BESTSELLER) and will not be reimbursed by BESTSELLER. For more information, please contact your bank.

When ordering goods in the BESTSELLER online shop an amount will be added in payment of shipping costs: The amount will depend on the choice of shipping method and the location of your address, and will be added to the invoice prior to your acceptance to make your online payment.

BESTSELLER Handels B.V. does not assist in VAT refund for the purchase of products from our online shop, which are exported outside of European Union by individuals or corporate customers.

Orders placed in the BESTSELLER online shop, shall be limited to an amount of USD $800.00 per day (excluding VAT and sales tax and delivery costs).

3. PAYMENT

Before you pay any amounts, you will have an opportunity to review and accept the fees that you will be charged.

When ordering goods in the BESTSELLER online shop it is possible to use the following payment options: • Credit and debit card (VISA, Mastercard, AMEX, Maestro) This payment method requires a valid credit or debit card. We reserve the right to check the validity of the card and to seek pre-authorization of your credit card account to ensure it has the necessary funds available to cover the purchase. The amount will be reserved on your card and will be debited after shipment of the goods.

All payments are subject to validation and authorization by both the card issuer/payment provider and us, to maintain security and prevent fraud. We reserve the right to decline certain payment methods and/or refer to a different payment method depending on the circumstances. You authorize BESTSELLER to charge all sums as described in these Terms and Conditions, for the goods you select, to the payment method you select.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) USED IN CONNECTION WITH ANY TRANSACTION.

4. DELIVERY

Unless you have been informed otherwise, the usual time of delivery from the time of placing the order is: Home delivery: 6-8 working days. Products ordered via the BESTSELLER online shop can only be delivered to addresses in the U.S. states listed on the website’s shipping address page.

BESTSELLER is not obliged to deliver goods which are out of stock.

5. Right of withdrawal/cancellation

At any time prior to your order having been shipped by BESTSELLER, you have a right to withdraw or cancel the purchase without giving any reasons.

Cooling-off period

  • The cooling-off period is 100 days – however, we only refund delivery costs if you exercise your right to withdrawal from the contract within 14 days. For further information on refund of delivery cost please see below regarding repayment.
  • This period is calculated as from the date on which you received the goods.
  • If the last date where goods can be returned is a public holiday, a Saturday, Sunday, 24 December or 31 December, the deadline will expire on the following working day.
  • The deadline has been observed if you send a message that you want to exercise the right of withdrawal before the deadline expires.

How do you withdraw from the contract?

  • If you want to withdraw from the contract, please send an unambiguous statement to BESTSELLER [BESTSELLER HANDELS B.V., Koivistokade 1c, 1013 AC Amsterdam, The Netherlands, att.: E-commerce Customer Service, email: customerservice@bestseller.com] that you want to withdraw from this contract. In your statement please indicate your name, physical address, phone number, email address, order number and which products you wish to return.
  • This statement can easily be sent to Customer Services via our Contact Form.
  • You may also use this Model Withdrawal Form, which, however, is not mandatory.
  • Please be advised, that the address to which the unambiguous statement to withdraw from the contract must be sent, differs from the address for return of the products. The address for returning the products is listed below under ”Return of goods”.
  • In case your goods have been returned to us without a statement that you exercise your right of withdrawal, we will regard the return of the products as a withdrawal from the contract.

Repayment

  • If you exercise your right to withdraw from the contract within 14 days from the date when you receive the goods, we will refund all payments received from you, including delivery costs (excluding additional costs, if you have chosen a different means of delivery than the less expensive type of standard delivery offered by us).
  • If you exercise your right to withdraw from the contract between 15 and 100 days from the date when you receive the goods, we will not provide any refund of delivery costs.
  • We will refund your payments without unnecessary delay and in any event no later than 14 days after the date when we received your request to withdraw from this contract. Refunds will be credited to your original method of payment unless you have explicitly accepted otherwise. In any event you will not be charged with any fees as a result of the repayment.
  • We may withhold the repayment until we have received the goods or until you have submitted documentation that the goods have been returned, as may be appropriate.
  • In case of partial return, you will not receive a refund of the delivery costs. 

Return of goods

  • You must return the goods to BESTSELLER without undue delay and no later than 14 days after the date when you have informed us that you want to withdraw from the contract. Withdrawal from the contract will be deemed in due time if, before expiry of the 14-day period, you have handed over the goods to the postal services or other services having undertaken to be in charge of the dispatch of the goods to BESTSELLER. To retain proof that you have withdrawn from the contract in due time, you should keep the receipt or return tracking number stating that you have handed over the goods to the postal services, etc., for the purpose of dispatch.
  • In case of return you shall bear the direct cost of returning the goods (postage/freight).

Please note returns are 9.95 USD and will be deducted from your refund. 

Please note that the return of orders placed before July 31, 2023 may be subject to other fees.

  • You can find more information on how to return goods HERE. 

Used/impaired goods

  • It is only possible to return goods that are new and in original condition.
  • You are responsible for any impairment of the value of the goods caused by other handling than what is necessary to determine the nature, quality and function of the goods.
  • Some of our goods are sealed with a special tag. This tag does not prevent you from trying on the product, however, if the tag is removed, you cannot return the product.

Exception for specially made goods

  • The right to withdraw from the contract does not apply for goods produced according to your specifications or with a clear personal touch.

6. Notification in case of non-conformity of goods

On the basis of applicable law, if you seek a refund based on a defect to a good, you are obliged to notify us of the defect in a timely manner, whereby a notification within thirty (30) days after discovery of the defect will always qualify as a notice that is sent on time. The right to notify a non-conformity means that you may complain about faults or defects in the products, that have come to surface after delivery. If we determine in our sole judgment that your complaint is justified, we will also reimburse your shipping costs, on the basis of the cheapest method of shipment. You can file a complaint by sending the return note (including the return code) and the defect product using our return label.

If you no longer have the return note or the return label/postal sticker, please contact Customer Services to get a new one.

7. MANUFACTURER WARRANTIES

All goods manufactured by third parties are offered solely under the warranties provided by such manufacturers. BESTSELLER makes no warranties to you on its own behalf regarding the goods, whether express, implied, or statutory, and BESTSELLER reserves the right to direct any warranty claims you may have regarding the goods directly to the manufacturer(s) of such goods.

8. OWNERSHIP AND RISK OF LOSS

All products purchased via the BESTSELLER Online Shop are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the products and shall assume the risks of loss at the time of delivery of the products by BESTSELLER to the third party delivery company.