Terms & Conditions
LAST UPDATED: 23 October 2019
The following terms and conditions, together with:
- our Payment Information Policy (accessible here);
- our Returns & Exchanges Policy (accessible here);
- our Warranty and Repair Policy (accessible here);
- our Gift Card Terms and Conditions (as part of the Payment Information Policy)(accessible here);
- our Cookies Policy (accessible here)
govern: (i) your use of michaelkors.de (or any subdomains thereof), or one of our other websites, applications or other services from which you are accessing these Terms (each referred to herein as a “Site,” and collectively, the “Sites”); and (ii) any purchases you make from the Site.
In these Terms, “Company,” “we” or “us” means Michael Kors (Germany) GmbH together with its corporate parent, subsidiary and affiliated entities worldwide, and further details about us is set out in Section 1 below. Your contractual part for the purchase of goods via michaelkors.de and in Michael Kors retail stores in Germany is Michael Kors (Germany) GmbH. Your contractual party for use of the Site is the Site operator identified in Section 1 below.
These T&C might change from time to time, so please review them each time prior to accept them and make a purchase.
By placing an order for any product or otherwise accessing or using the Site and clicking to agree to these Terms on the Site, or by otherwise completing the applicable order transaction process on a Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you will not be able to purchase any products through the Sites and you must not access or use the Sites.
TABLE OF CONTENTS (click on one of the links below to jump ahead to that section):
- 1. Information about Us
- 2. Our Proprietary Rights
- 3. Limited License
- 4. Trademarks
- 5. User Accounts
- 6. Submitted Materials
- 7. Rules of Conduct
- 8. Public Forums
- 9. Right to Monitor and Editorial Control
- 10. Orders
- 11. Pricing and Other Errors
- 12. Delivery and Acceptance of Products
- 13. Warranty and Repairs
- 14. Order Cancellation
- 15. Other Returns
- 16. Linking to the Sites
- 17. Third-Party Websites
- 18. Promotions
- 19. Disclaimer of Warranties
- 20. Limitation of Liability
- 21. Jurisdictional Issues
- 22. Access to the Sites
- 23. Governing Law and Miscellaneous
- 24. Contact Us
1. Information about Us
The Sites are operated by Michael Kors (Germany) GmbH, a company registered with the commercial register of the local court of Munich under number HRB 184713 and have our registered office at Theatiner Strasse 12,80333 Munich, Germany. Our main trading address is Theatiner Strasse 12,80333 Munich, Germany. VAT number: DE268341732. To contact us please use the contact details provided in Section 24.
2. Our Proprietary Rights
Except for your Submitted Materials (as defined in Section 6 below), we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyright) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organisation of the Sites, and the compilation and organisation of the Site Content, including but not limited to any copy right, author’s rights, trade mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.
3. Limited Licence
Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Sites and Site Content on your computer or other devices, provided that you comply fully with these Terms. The Sites and Site Content are for your personal, educational and non-commercial use only. No part of the Sites or Site Content (or any of our products advertised or sold on the Site) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes and any other limits as permitted by the applicable law.
4. Trade Marks
The trade marks, logos, service marks and trade names displayed on the Sites or as part of the Site Content (including, without limitation, MICHAEL KORS, MICHAEL MICHAEL KORS, and MK MICHAEL KORS) are registered and unregistered trade marks of the Company and other persons (collectively, the “Trade Marks”), and may not be used unless expressly authorized by the applicable Trade Mark owner. Nothing contained on the Site should be construed as granting, expressly, by implication, estoppel, or otherwise any license or right to use any Trade Mark displayed on the Sites or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.
5. User Accounts
6. Submitted Materials
By submitting, uploading, posting or sending Submitted Materials to, on or through the Sites, you:
- a) confirm and are responsible that either
- i. your Submitted Materials are owned by you and do not belong to another person; or
- ii. that you have the necessary licences, rights, consents and permissions to use such Submitted Materials and submit them to the Sites for our use, in accordance with these Terms and with any purposes that may be described on the Sites; and
- b) to the fullest extent permitted by law, you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, non-exclusive and fully transferable, assignable and sub-licensable right and licence, for the maximum duration permitted by applicable laws, to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Sites), products or services, in any form, media, or technology now known or services, in any form, media, or technology now know or later developed.
We are not responsible for maintaining any Submitted Material that you provide. You confirm that your Submitted Materials comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.
7. Rules of Conduct
While accessing or using the Sites, the Site Content and the various other features available on the Site (such as the Forums), you shall not:
- violate any law, rule or regulation;
- violate the security of the Sites, or obtain or attempt to gain unauthorized access to the Sites, Site Content, computer systems or networks connected to any server associated with the Sites or the Site Content. By breaching this provision, you may be committing a criminal offence. In such a case, we will report any such conduct to relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them;
- impersonate any person or entity whether actual or fictitious, including anyone from the Sites or the Company, or misrepresent your affiliation with any other person or entity;
- stalk, harass or harm another individual;
- insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any Forum or any other areas of the Sites;
- use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Sites or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information or other materials), or contact any other user of the Sites for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Sites or in a Forum;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trade marks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
- use the Site or its features in any manner that could interrupt, damage, disable, overburden or impair the Site or such features, or interfere with any other party's use and enjoyment of the Sites, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Sites or its services or any software on the Sites beyond the extent permitted by law;
- frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
- upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the Sites or the Site Content to or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, author’s right, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- use the Sites or its services (or any Site Content), in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.
8. Public Forums
The Sites may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, ratings and reviews, blogs and other similar forums, areas and services) (collectively, the “Forums”). These Terms apply to your use of the Forums. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Sites and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information. The Rules of Conduct set forth in section 7 are fully applicable to the Forums.
9. Right to Monitor and Editorial Control
You may order products from a Site only if you are 18 years old or older. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing an order reference number and details of the product(s) you have ordered (“Order Confirmation ”). The Order Confirmation is acknowledgment that we have received your order and does not mean your order has been accepted by us.
In the event that we reject, or otherwise make a change to your order for a valid reason, we will contact you using the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. Your bank or credit card will not be charged if your order is rejected and the amount you are charged will be proportionally reduced if we limit the quantities in your order, except when you are placing an order through one of our in-store assisted selling tools (in which case the total amount of your order will be charged on your bank or credit card at the time of order placement, and in the event of a rejection of any part of your order, you will receive a refund to your card for the appropriate amount of the rejected items).
- 10.1 Confirmation.
We will only accept your offer when we send you an e-mail confirming that the product has been dispatched (“Shipping Confirmation”) or collected in store (“Customer Invoice”). Therefore, the contract between us will only be formed when we send you the Shipping Confirmation or Customer Invoice. The contract will relate only to those products whose dispatch we have confirmed in the Shipping Confirmation or Customer Invoice. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipping Confirmation or Customer Invoice.
- 10.2 Price & Payment:
You agree to pay in full the prices for your purchases in accordance with the Payment Information Policy. The types of payment we accept for orders placed through the Sites, as well as any additional details with respect to certain payment types, are set out in the Sites’ Payment Information Policy.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
- • Pay Later: The payment period is 14 or 60 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions here.
- • Pay Over Time: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Pay Over Time including terms and conditions and Standard European Consumer Credit Information you can find here.
- • Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
- 10.3 Product availability:
Product availability on the Site is not guaranteed as products may be low in stock or out of stock when you place an order. If a product is not available, we may reject your order. In such a case, we will communicate it to you using the email and/or billing address/phone number provided at the time the order was made. Products displayed on the Site may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Site and stores or between geographies. Prices displayed on the Site are quoted in EUR (€) and are valid and effective only in Germany.
- 10.4 Credit Check:
Should you choose Klarna, Open Invoice or Direct Debit as your payment method when placing an order, your information may also be used for the purposes of a credit check.
By placing your order and acknowledging these General Terms and Conditions of Business you give your consent that for credit checking purposes we may send personal data, specifically your name and your address, bank details, date of birth, Email as well as information about the amount of the receivable, the due date of the receivable and payment via the company Arvato Payment Solutions GmbH, Gütersloher Str. 123, 33415 Verl, Germany to the company Infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany. You further consent that we may obtain information concerning your previous payment history and credit-related information on the basis of mathematical and statistical methods using address data from the company Infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden, Germany via the company Arvato Payment Solutions GmbH, Gütersloher Str. 123, 33415 Verl, Germany.
As part of the application procedure, we check your bank account details (only the IBAN and BIC or account number and bank identification number, no personal details) against the Return Debit Prevention Pool (RPP) at infoscore Consumer Data (ICD) GmbH, Rheinstr. 99, 76532, Baden-Baden, Germany. The RPP functions as a blacklist.
The payment methods Pay Later, Pay Over Time and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
The price of the Products will be as quoted on the Sites from time to time and include VAT (where applicable) at the rate in Germany on the day on which you place your order on the Site. The price quoted on the Sites for products excludes shipping charges which are quoted separately on the Sites and notified to you before your order is confirmed. However, the final price of the transaction, including all the costs, will be communicated to you in your order summary before placing your order.
If paying in a different currency to your bank account, your bank may charge for currency conversion. Pricing may differ by country. Pricing may differ between websites and stores.
11. Pricing and Other Errors.
We have made every effort to display as accurately as possible the colors and features of our products on the Sites. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. From time to time, information on the Site might contain typographical or visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability.
Prices and availability of products and services are subject to change at any time.
12. Delivery and Acceptance of Products:
We provide up to four options for the delivery of products as described in our Shipping and Delivery Policy. The products will be delivered within 30 days from when we confirm your order. For your convenience, you can track your order at any time online with our Order Status page. Simply provide your email address and order number to track your order. Or, click on the tracking link included in your Shipping Confirmation/Customer Invoice email. You can also contact a customer service representative using the contact details in Section 24.
Due to varying item availability, multiple items in a single order may be shipped separately. Each shipment will have its own tracking number and can be tracked on the Order Status page under the same order number. For orders with multiple packages, the package shipped first will bear the total shipping charges (if any).
COLLECT IN STORE
Select items on michaelkors.de are available to buy online and collect in a store. You can check store availability from our product pages by selecting the "Collect in Store" option. If you have allowed the site to identify your location, we will show the availability of your product selection in nearby stores. If you have not allowed the site to identify your current location, you may enter a city and postcode to find nearby stores.
Typically, your items will be ready for collection within approximately 3 hours of placing the order. You will receive an email alerting you when your order is ready for collection. For same day collections, please ensure to place your order at least 3 hours prior to a store’s closing. Orders placed close to or after this window might not be available for collection until the next business day.
A valid photo ID must be present and displayed at the time of collection. You will be charged for the order at the time you pick up your order at the designated store.
Orders will be held for 6 days from when placed before being cancelled.
Orders may contain both items shipping to an address as well as items to be collected in a store. Multiple collection locations are allowed but only one “ship to” location is permitted per order.
Items that have been personalized or customized with monogramming or engraving will not be available for store collection.
Please note that we do not ship orders placed on michaelkors.de, or in our German stores using the in-store assisted selling tool, to addresses outside of Germany. You may place an order for products from outside Germany, but this order must be for delivery to an address in Germany. If you would like to purchase a product for delivery in another country to which we currently ship orders via one of our other websites, please order your product through the Michael Kors website that is set up to ship to that country.
13. Warranty and Repairs.
The product(s) which you have purchased from the Sites may be covered by our Warranty and Repair Policy. These warranties are offered in addition to and without limitation of your statutory rights.
14. Order Cancellation/Right of Withdrawal/Returning Orders.
You have a legal right to cancel/withdraw an order during the period set out below. If during this relevant period you do not want to keep a product for any reason, you can notify us of your decision to cancel the order and receive a refund.
This right to cancel an order does not apply in the case of :
- products which have been made to your specification or are personalized,
- sealed products (such as fragrance or beauty products) where the seal has been broken after delivery to you.
- swimwear or underwear where the hygiene strip has been removed.
Certain other products may also be excluded from your right to cancel. If this applies, this fact will be clearly stated on the product page before you purchase.
Your right to cancel/withdraw an order starts from the date you place your order on the Site. Your deadline for cancelling/withdrawing the order is as set out in the table below:
|If your order is for …||… the cancellation/withdrawal period ends|
|a single product (which is not delivered in instalments on separate days).||at the end of 30 days after the day on which you receive the product.|
|multiple products which are delivered on separate days.||at the end of 30 days after the day on which you receive the last of the separate products ordered.|
LETTING US KNOW YOU WISH TO CANCEL/WITHDRAW
To exercise the right to cancel/withdraw your order you must inform us of your decision to cancel. You may complete the <Cancellation Form>. You can also contact our Customer Services team by email, post or telephone using the details in Section 24. We will e-mail you to confirm we have received your cancellation. If you are e-mailing us or writing to us please include your order number to help us to identify it.
If you cancel/withdraw your order we will:
- a) refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop, for example in a way other than for determining the nature of the goods, their characteristics of their functioning. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).
- c) make any refunds due to you as soon as possible and in any event no later than 14 days after the day on which we are informed by you on your decision to withdraw from this contract.
- d) We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
If a product has been delivered to you before you decide to cancel your order:
- a) then you must return it to us without undue delay and in any event not later than 30 days after the day on which you let us know that you wish to cancel the order. You can either send it back, using the pre-paid label, return it to us in-store or hand it to our authorised carrier.
- b) unless the product is faulty or not as described, you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery.
You have two options for returning/exchanging merchandise purchased online directly on michaelkors.de or in store using our in-store assisted selling tool: by mail or in store. All returns or exchanges, whether by mail or in store, must be returned within 30 days from the day on which you receive your delivery. If your order is shipped in multiple deliveries you will have 30 days from the day on which you receive your last delivery for that order.
Returns and exchanges must be made within the guidelines in our Return & Exchanges Policy.
Option 1: By Mail
To return or exchange by mail, please follow these instructions:
- 1. Complete the required information on the returns form included with your package.
- 2. Securely pack your merchandise, making sure to include all pages of the returns form. Please try to use the original shipping box and materials.
- 3. Affix the pre-addressed and pre-paid return label to your return package.
- 4. Mail your return package at any German Post Office.
- 5. Your return will be processed within a maximum of 10 business days. Please note that if you have requested an exchange, a refund for the item will be refunded to the original payment method and our customer service team will contact you to arrange a new order.
- 6. For items that were bought online and collected in store, please call Customer Services on 023129278409 to obtain a pre-paid return label.
You are responsible for properly packaging, labelling and shipping your product to us at Michael Kors cost. Please retain your proof of postage as a safeguard for your shipment. Please note that in the event that you choose another courier or shipping service to return your item, rather than use the pre-paid returns label, unless the return concerns products which are defective or not as described, you will be liable for the cost of return.
In the event that an item is returned to us in an unsuitable condition, we may have to send it back to you.
Option 2: In Store
You can return/exchange items purchased online at michaelkors.de, or in store using our in-store assisted selling tool, in any Michael Kors Store (excluding outlet, concessions or travel retail stores) located in Germany. You will need to present your returns form or your Shipping Confirmation email at the time of the return/exchange. Note that in-store exchanges are subject to inventory availability in that store. Subject to the below exceptions, credit for your returned item(s) will be refunded back to your account in the same form of payment in which it was received. You will receive an email confirming the completion of return processing.
Any orders paid for by PayPal that are returned in store for refund can only be refunded to gift card.
Purchases made by Klarna, Open Invoice or Direct Debit cannot be returned to store. They can only be returned by post.
The above in-store return policies also apply to orders that were bought online and collected in a store.
15. Other Returns.
You have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of cancellation, return and refund or anything else in these Terms. Please see our Warranty & Repair Policy for additional details.
RETURNING A GIFT
Gifts can be returned by post or in store, as outlined above, when accompanied by a gift receipt or the original returns form. For gifts returned by post, please note that refunds can only be processed against the original account in the same form of payment in which it was received. Therefore we recommend returning gifts to a Michael Kors Lifestyle store, where our associates will be able to assist you in exchanging the item, or providing a credit by Michael Kors gift card.
If you require an exchange by post, please contact Customer Services using the contact details set out in Section 24.
16. Linking to the Sites.
Except as set out in Section 7, you may link to the home pages of the Sites provided you do so in a way that is fair and does not damage or take advantage of our reputation. You agree that:
- (a) if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the home page of the Site;
- (b) you are not permitted to link directly to any image hosted on the Sites, such as using an “in-line” or “deep linking” linking method, including to cause the image to be displayed on another website; and
- (c) you may not link from any other website to a Site in any manner such that it or any of its pages is “framed,” surrounded or obfuscated by any third-party content, materials or branding.
We may, in our sole discretion, insist that any link to a Site be discontinued, and we may revoke your right to link to the Sites.
17. Third-Party Websites.
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from the Sites to third-party websites, applications and services, and third-party websites may link to the Site (“Linked Sites”). To the fullest extent permissible by applicable law, you agree that except where we are at fault, we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by us. To the fullest extent permissible by applicable law, except where we are at fault, we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by us. To the fullest extent permissible by applicable law, we disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.
The Site may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms, which will be notified to you before you participate. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply.
19. Disclaimer of warranties.
You are responsible for complying with any safety warnings and precautions that accompany the product. If you are not comfortable with using the Product after reading the safety warnings, you must return the product in accordance with the above Returns and Exchange Policy. To the fullest extent permissible by applicable law, we are not responsible for (i) your failure to follow safety warnings, precautions or any other instructions provided with the product, (ii) your negligence in use of the product, or (iii) your intentional misuse of the Product.
The express warranties offered with our products are in addition to, and do not affect, your legal rights in relation to Products that are faulty or not as described.
20. Limitation of liability.
We do not in any way exclude or limit our liability for:
- a) Death or personal injury caused by our acts or omissions;
- b) Fraud or fraudulent pre-contractual statements made by us;
- c) situations where we do not have the correct rights to sell the Products to you;
- d) any products which do not correspond to their description, any products which are not of satisfactory quality or fit for purpose, or do not correspond to a sample we have provided; or any respect of any defective Products under the relevant Germany Consumer Protection Act;
- e) Willful misconduct or gross negligence;
- f) Breach of obligations deriving from public order;
If we fail to comply with our obligations in these Terms, or are proven to be negligent in respect of our obligations under these Terms, we will be responsible for any loss or damage that you suffer that is foreseeable as a consequence of this breach which is awarded by a court of competent jurisdiction.
The Sites, and any products purchased through the Sites are made available for domestic and private use only. You agree not to use the Sites or Products for any commercial, business or resale purpose (other than as permitted by law) and we have no liability towards you for any loss of profit, loss of business, business interruption or loss of business opportunity.
21. Jurisdictional Issues.
The Site is intended for visitors located in Germany. We generally control and operate the Site from our offices in Germany and the United States. We do not represent that materials on the Site are appropriate or available for use in locations other than Germany. People who access or use the Site from other locations are responsible for compliance with any applicable local laws. Software from the Site is further subject to Germany and U.S. export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which Germany or the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders, any equivalent list maintained by the German government; or (iii) in any other manner that violates U.S. or German law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
22. Access to the Sites.
Access to our Sites is provided on a temporary basis. We may terminate, change, suspend, restrict or discontinue your access to and/or the operation of any aspect of the Sites at any time, for any reasonable reason without notice or liability (including if we reasonably believe that you are in breach of these Terms and unable to cure such breach or if we need to perform maintenance on the Site). You are responsible for making all arrangements necessary for you to have access to our Sites.
23. Governing Law and Miscellaneous.
These Terms and the relationship between you and us and any order placed by you on the Sites, and any contractual or non-contractual disputes arising from these Terms, any order or otherwise in connection with these Terms shall be governed by the laws of Germany, without regard to its conflict of law provisions. The parties agree that the Convention on Contracts for the International Sale of Goods (“CISG’) is not applicable. Any dispute arising under the Terms shall be commenced and be heard in the appropriate court in Germany.
These Terms are between you and Michael Kors (Germany) GmbH . No other person shall have any rights to enforce any of its terms. We may transfer or delegate our rights and obligations under these Terms either in whole or in part to another organisation, without your prior consent and without prior notice to you only if this transfer does not affect your rights or obligations under these Terms.
Our failure to or delay in exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or mean that you no longer have to comply with your obligations under these Terms.
If for any reason any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms shall remain in full force and effect.
We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under these Terms that is caused by any force majeure act or event beyond our reasonable control. You may cancel an order affected by an event outside our reasonable control (including non-delivery) which has continued for more than  days. To cancel please contact us using the details set out in Section 24. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
Online Dispute Resolution
The European Commission provides a website for online dispute resolution, available at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.
24. Contact Us.
Please direct questions or comments about the Site, these Terms, or any products you purchased through the Sites to: email@example.com or 023129278409
You have the right to cancel without providing reason within thirty (30) days from the date that the products are received. To exercise the Right of Cancellation you can email us at firstname.lastname@example.org call us on 023129278409, or email or post the completed form below.
To: INSERT ADDRESS/EMAIL ADDRESS
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*).
Order Number **
Email on Order **
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
(**) Helpful if you can provide this, not required