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  • Terms & Conditions

    General

    IMPORTANT: THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO ALL VISITORS TO OR USERS OF THE WEBSITE. PLEASE READ IT CAREFULLY BEFORE USING THIS WEBSITE.

    THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

    YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH VAGABOND, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

    These general terms and conditions (the “Terms”) apply when You as a consumer (the "Customer” or “You") place an order via www.vagabond.com and thereto related pages (the ”Website”) or use this Website. These Terms are subject to change by Vagabond (“Vagabond”, “us”, “we”, or “our”) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the” Last Updated Date” referenced on the Website. You should review these Terms prior to purchasing any product or services that are available through the Website. Your continued use of this Website after the” Last Updated Date” will constitute your acceptance of and agreement to such changes. Detailed contact information and other information about Vagabond is provided on the Website.

    These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.

    By purchasing a product at the Website, You confirm that You possess the legal right and ability to enter into a binding agreement with Vagabond.

     

    Orders

    You will enter into an agreement with Vagabond in English and, in order to make a purchase, You must accept the Terms. By ticking the box of Terms and Conditions in the checkout on our Website, You accept the Terms and You undertake to comply with them.

    You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Vagabond strives to send the order confirmation to You as soon as possible after receiving an order. We recommend You save the order confirmation to facilitate any contact with our customer care in case such contact is needed.

    Prices and fees

    All prices are presented in USA without local sales tax. The prices do not include any payment fees, shipping- or handling fees which are presented separately in the checkout and in the order confirmation.

    All prices, discounts, and promotions posted on this Website are subject to change without notice. The price of the product that was indicated on the Website when You placed Your order is the price that shall apply and will be set out in your order confirmation email, unless otherwise expressly agreed to or if the circumstances clearly dictate otherwise. Vagabond is however not bound by a price for a product which was presented incorrectly on the Website if You realized or a reasonable person would have realized that the product was mispriced. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

    Payment

    Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You can pay for Your purchase by the method of payment as listed on the Website. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

    Campaigns and special offers

    Vagabond may from time to time offer campaigns and special offers to its customers on more favorable terms and conditions than what is stated in these Terms. These more favorable terms and conditions will apply only for the duration of the special offer and for those specific products set forth by Vagabond in connection therewith and will not imply that such offer shall be valid for any order entered into prior to such campaigns or special offer. Vagabond reserves the right to withdraw such campaigns and special offers in its sole discretion, at any time, and without notice. Upon termination or withdrawal of a campaign or special offer, these Terms shall apply without modification. Offers regarding specific products are valid for a limited period of time and while in stock.

    Delivery

    Unless otherwise explicitly stated, prices do not include shipping and delivery costs. Shipping and delivery costs are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order. The shipping and delivery cost are always stated on the Website and in the order confirmation.

    Vagabond always aims to deliver Your order within the estimated number of working days for delivery set forth on the Website and in Your order confirmation. Your order will be processed and shipped during normal working days i.e. between Mondays and Fridays.

    Title and risk of loss pass to you upon delivery. No signature required. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    If You have not received Your order within the expected delivery date, You can always contact us at customer care for further information.

    Returns

    Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handlings costs, provided such return is made within fourteen (14) days of delivery with valid proof of purchase and provided such products are returned in their original condition. 

    The right of return does not apply to a product with a seal if You have broken the seal, provided that the product is not suitable for return due to health protection or hygiene reasons. When ordering a product for which the right of return does not apply, You will receive clear information about this.

    To return products, please register your return at vagabond.com/returns to state the reason for your return and follow the instructions.

    If You send the product to us without using our pre-paid labels, You must pay the costs for the return shipping. You are also responsible for the condition of the product from the time of receipt and during the return shipping. Therefore, Vagabond recommends You send the product well packaged and in its original box and/or packaging. The product shall be returned within 14 days from the date that Vagabond received Your notification.

    When You return a product(s) in original condition and in accordance with the Terms, Vagabond will refund You for the returned product(s).

    Vagabond Shoemakers is responsible for the product until delivered to the address stated in the order confirmation. Only returns where the enclosed return label is valid will be accepted.

    Refund

    Refunds are processed within thirty (30) business days of our receipt of the product. Refunds will be made to You by the same payment method and to the same account as chosen for the payment of the product on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS FINAL SALE OR NON-RETURNABLE.

    For defective returns, please refer to the manufacturer’s warranty (see below) included with the product or as detailed in the product’s description on our Website. 

    Complaints

    A customer is entitled to lodge a complaint for a defect in the product according to mandatory consumer protection laws and regulations where the customer has its country of residence. If You wish to lodge a complaint for a defect in a delivered product You shall contact Vagabond as soon as possible after discovering the defect. To be valid, the complaint must be made within a reasonable time after You have discovered or should have discovered the defect.

    To facilitate a complaint, contact our customer care and provide them with Your name, e-mail, address, order number, date of order and any other relevant information to lodge a complaint. Our customer care will then help You with Your claim.

    Returns shall be made to Vagabond according to the methods and procedures specified on the Website. Vagabond will carry the cost for the return freight for any approved complaints, in its sole discretion.

    When Vagabond has received a complaint of a product and has established that the complaint is valid and acceptable in accordance with applicable legislation, at Vagabond’s sole discretion, Vagabond will either replace the product, rectify the defect, make a deduction on the price the customer has paid for the product or reimburse the payment including shipping fees. If Vagabond decides to rectify or send a new product, Vagabond will strive to rectify or send a new product as soon as possible.

    Within two years, you have the right to make a complaint regarding production defects.

    Vagabond reserves the right to deny a complaint if it turns out that the product is not defective according to current legislation.

    The Website, and the products and services provided by Vagabond, are provided “as is” and without warranties of any kind.  Vagabond expressly disclaims all warranties, whether express or implied, including but not limited to the implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, and any warranties of title or non-infringement.  Vagabond does not represent or warrant that our Website, or its function, downloadable materials, contents or any services that is provided herein, will be uninterrupted, error-free, virus-free, accurate, secure, complete, satisfactory or cured of any defects.  Vagabond is not responsible for any damages incurred as a result of your use of our Website, as your visitation and use of our Website is done at your own risk.

    Data protection

    Intellectual property rights

    The design of this Website and all text, images, graphics, information, content, processes, layout and other material displayed on or that can be downloaded from this Website (“Website Materials”) are protected by copyright, trademark, and possibly patent and other laws and may not be used except as permitted in these Terms or with the prior written consent of Vagabond. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or the Website Materials.  The Vagabond trademarks, trade names, product names, trade dress, logos and other content may not be copied or used without the prior written consent of Vagabond.  Your misuse of the trademarks displayed on this Website is strictly prohibited. 

    Personal data

    When You place an order on the Website, You will be asked to provide certain personal data. You confirm that the information You provide is correct and complete, and You are responsible for incorrectly completed tasks. Vagabond is the controller for the processing of Your personal data. Information regarding Vagabond’s processing of personal data can be found in Vagabond’s Privacy Policy.

    Miscellaneous

    The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  Any waiver of Vagabond of any of its rights or remedies under these Terms must be in writing and duly executed.

    Vagabond has the right to assign any part of its rights and obligations under the agreement between the parties without prior consent from or notice to the Customer. Furthermore, Vagabond has the right to assign or pledge receivables without prior consent from or notice to the Customer. The Customer may not assign or transfer any part of its rights or obligations under the agreement between the parties without the prior written consent of Vagabond.  Any purported assignment or delegation in violation of this section is null and void.

    You represent and warrant that you are buying products from the Website for your own personal or household use only, and are not for resale or export.  You further represent and warrant that all purchases are intended for final delivery to locations within USA.

    These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

    If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

    Vagabond reserves the right to immediately suspend or restrict your use of the Website if it is used in an unintended manner. This may, for example, apply to uses that cause an unusual number of returns or any kind of security issues.

    Governing law and disputes

    All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

    DISPUTE RESOLUTION AND BINDING ARBITRATION

    YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

    ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA” Rules) then in effect, except as modified in this section.  The Federal Arbitration Act will govern the interpretation and enforcement of this section. 

    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid.  The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.  Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

     If any provision of these Terms is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.

    Notwithstanding the foregoing, Vagabond may take any legal action necessary at any competent court in the Customer’s country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.

    Limitation of liability

    Vagabond is only liable for damages according to applicable mandatory consumer protection law and to the extent the customer has made reasonable measures to limit the loss. Vagabond shall not be held liable for damages regarding delays in the performance of the agreement or defect products caused by unforeseen circumstances beyond its control or for any loss in trade or business operations.

    IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH THE WEBSITE.

    Contact

    Do You have questions about the Terms and Conditions? Contact us Here.

    Company Information

    Vagabond America Inc

    584 Broadway – Suite 1102

    New York, NY 10012

    E-mail: customercare@vagabond.com