Terms and Conditions
Effective date 28.05.2020
Welcome to Waterford web store at www.waterford.com
The owner and operator of this website and of Webstore is Fiskars Finland Oy Ab, Hämeentie 135A, 00560 Helsinki, Finland, registered in the Finnish trade register under number 1903608-9. Fiskars Finland Oy Ab is the seller (later “Seller” or “we”) of the products offered at Waterford web store (later “Products”). Waterford webstore is located in the address www.waterford.com, later referred into as “Webstore”.
Please find our Customer Service contact details here: Customer Service.
BY PLACING AN ORDER FOR PRODUCTS IN THE WEBSTORE AND CHECKING THE TERMS ACCEPTANCE TICK BOX AT THE CHECKOUT PHASE YOU AGREE TO THESE TERMS. If you refuse to accept them, you will not be able to order any products from our site.
We reserve the right to make changes to these terms and conditions at any time. Every time you order products from us, the terms and conditions in force at the time of your order will apply to the contract between you and us.
Any notices, disclosures, agreements and other communications relating to your use of the Webstore will be provided to you electronically.
We shall also have the right, without notice and without liability for compensation, to restrict or withdraw access to Webstore, remove elements from Webstore from use or restrict the use of certain functions and services of Webstore, in whole or in part.
These Terms do not affect your legal rights, which cannot be waived or limited by contract.
You can place an order and buy Products at the Webstore if you satisfy the conditions below:
- you are at least 18 years of age;
- you are the owner or authorized holder of a valid debit/credit card or PayPal account to pay for your purchases; and
- you agree to provide your real name and correct and complete address, phone number, email address, payment details and other required information.
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an email, acknowledging receipt of your order and detailing the products you have ordered (“Order Confirmation”). However, please note that this does not mean that your order has been accepted. Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered, at which time we will send to you an order dispatch confirmation email. We may choose not to accept orders for any reason or no reason. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
As our Product range is being constantly developed, we do not guarantee the availability of any Product advertised on the Webstore. We reserve the right, without liability or earlier notice to change, discontinue or make certain Product unavailable due to: reasons related to health and safety, changes in production (such as raw materials or production techniques) or commercial reasons.
Please note that we may choose not to accept your order if products are shown on the website but are not available/in stock. In such case, we will contact you directly as soon as possible.
3. Prices and payment
3.1. Prices and other charges
Except where indicated otherwise, the prices displayed for Products at the Webstore represent the full retail price listed on the Product itself in effect at the time of your order. These prices include value-added tax or other applicable taxes for the European Union (EU) member state, Please see 3.2 for Additional Charges on Non-EU Deliveries.
Prices do not include delivery charges and handling charges which shall be calculated and advised to you separately before you place your order.
Our Webstore has certain supported currencies. Where we take payment for an order in the supported currencies of our Webstore, we are not responsible for the exchange rate at which a bank charges its customer, or for any additional charges it makes. In addition, any refunds are made in the same currency that the order was placed.
If an error is discovered in the price of the products that you have ordered, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may refund you any sums you have paid and require the return of any goods provided to you.
The prices shown at the Webstore are applicable only to online shopping on this Webstore and we do not guarantee the same prices in our other stores or any third party stores. We reserve the right to change prices and terms of payment at any time without notice. These changes will not affect orders already placed.
3.2 Additional charges on Non-EU Deliveries
If your order is placed from outside of European Union, applicable duties, import fees, taxes and other charges are payable by you. You do agree and acknowledge that full payment of such fees, taxes or charges may be required for releasing the ordered products from customs on arrival. The Seller will not determine or collect the above mentioned fees, taxes or charges.
For deliveries outside of EU, the final price of products will be shown in the cart page. For any delivery outside of EU, applicable value added tax will be 0%. The applicable price of products is displayed at checkout page before payment is made.
3.3 Modes of payment
We accept only certain modes of payment, depending on the country of your billing. Please view the Modes of Payment.
When placing your order, you will have to provide the relevant details for the chosen mode of payment and authorize the payment via your bank or another payment service provider. Unless otherwise provided in Payments, upon placing your order, we will require your card issuer or other payment service provider to place a funds provision on your card or other chosen method of payment. Your chosen mode of payment will be finally charged when your order is dispatched. We will not ship your ordered Products to you until your card issuer or other payment service provider has authorized the use of your chosen mode of payment for these purchases. Please note that payments made via online banking (if available) will be charged immediately.
Please note that we reserve a right to cancel your order without prior notice if your chosen payment method cannot be debited.
3.4 Promotional Codes
Promotional codes can only be used online and according to any terms and conditions issued with the code. Any promotional given in the form of discount codes or the like cannot be combined with other offers or discounts and will not apply on already discounted products or products at special promotion prices, unless otherwise stated. We reserve the right to withdraw or cancel the promotion if deemed necessary by us after a reasonable consideration. Where a promotional code is issued to a specific individual, the right to any associated discount is personal to the recipient and may not be transferred. Promotional codes distributed or circulated without our prior written approval are not valid for use and may be refused or cancelled.
Deliveries are made only to the countries indicated at Deliveries & Returns and the Products will be sent to the delivery address or pick-up location address given by you in your order and as stated in the Order Confirmation.
You agree that we may deliver the Products in instalments in case some of the Products ordered by you would be temporarily unavailable. You will not be charged any additional delivery costs. The estimated delivery dates are specified in the Order Confirmation.
Title in the products which you have ordered on this site will pass to you at the time your chosen payment method is charged. The risk of the products will transfer to you on delivery, assuming we have received payment in full for such product.
We encourage you to examine the delivery package and received Products as soon as possible after delivery and check that the delivered order is complete and that the Products are in good condition. In case the Products have been damaged in transportation or the delivery is incomplete, please contact our Customer Service.
We cannot be held responsible for delay or failure to perform, if the delay or failure to perform is caused by circumstances beyond its reasonable control (i.e. force majeure). We will take all reasonable steps to prevent and minimize the delay caused by such circumstances. In the unlikely event of substantial delay, you will be entitled to cancel your order without additional charges.
However, if for any reason we cannot deliver your order within thirty (30) days of your placing it, we will inform you as soon as possible and you will be entitled to a full refund to the method of payment used by you.
5. Order cancellation, returns and refunds
For return details, please see our Return Instructions at Delivery & Returns, which are an integral part of these Terms.
Please note that we will only process returns, replacements and refunds for Products purchased at this Webstore. If you purchased our products from some other webstore or distribution channel, please follow the applicable seller’s return policy.
All refunds will be made by crediting the payment card originally used for the original purchase, unless otherwise explicitly agreed in writing.
5.1 Cancelling and returning your order
For all Products ordered from Webstore you have a right of return and refund during a withdrawal period specified in Delivery and Returns. Please follow the return instructions received together with the product or see here for Return Instructions.
Please note that the cancellation right does not apply in the case of following items:
- items made to your specification (including but not limited to products with engraving);
- pierced jewellery;
- sealed tea which has become unsealed after delivery.
All products should be returned unused and in their original packaging. To ensure that your return will be processed correctly and as swiftly as possible, you must use the return labels provided to you by us.
To the extent permitted by applicable law, we will reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop.
If you return your order, the original delivery costs will be refunded to you except in the following situations:
- all the Products in the order are not returned (you keep some of the ordered Products); or
- the return was not made according to Return Instructions.
Note that we will not refund the return delivery costs except in case of defective product or faulty delivery (please see below the clause 5.2). In other case a refund on return delivery costs will only be made if required by the respective applicable law or otherwise stated by us at Delivery & Returns.
Please note that for any returns of orders which are placed outside of EU, only price paid in Webstore will be refunded, and the Seller will not refund any taxes, charges or other fees applied to the order by your country of residence, customs or authorities.
5.2 Returns of defective Products and returns due to faulty deliveries
It is your legal right to expect to receive goods which comply with product description, indicated purpose of use and which are at least of satisfactory quality. We must provide you with goods that comply with your legal rights stated above. In case the Products do not comply with these, the product can be deemed defective.
If the Product(s) delivered to you are defective or are not the items you ordered, please contact our Customer Service. Please note that you will be required to provide us with clear photographic evidence of the alleged fault or damage.
When the Products have been damaged in transportation, are otherwise defective or are not the items you ordered, our Customer Service will arrange for the replacement or refund of such Product(s). Replacements are only possible if we have the items in stock, in other cases you will receive a refund.
Please note that we will only refund any return 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, unless otherwise confirmed by us in writing.
5.4 Our right to cancel your order
We have a right to cancel the contract with you if your chosen payment method cannot be charged or if we cannot deliver your ordered Products to you due to reasons dependent on you.
6. Personal data
7. Limitation of liability
All images, sizes and measurements as well as content and information are approximate, and offered at the Webstore “as is”. While we try to make sure that all Product information, such as sizes and measurements, is accurate, comprehensive and up to date in the Webstore at all times, there may be a small tolerance of up to 2 % in such sizes and measurements. Please note that actual colours that you see on your computer may vary depending on the monitor that you use.
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any losses that:
- were not foreseeable to you and us when the contract was formed (e.g. technical issues);
- that were not caused by any breach on our part;
- business losses; and
- losses to non-consumers.
8. Changes to these terms and severability
All the changes made in these Sales Terms shall become valid on the Effective Date, as indicated in the beginning of these Sales Terms.
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be enforced to the largest extent permitted by respective applicable law. This shall not affect or impair the validity, legality and enforceability of the remaining provisions.
9. Applicable law and place of jurisdiction
These Terms shall be governed and construed in accordance with laws of the country where the Seller is established. The courts of the country and the city where the Seller is established will have non-exclusive jurisdiction in relation to these Terms.
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
We will try to resolve any disputes with you directly. If you and we cannot resolve a dispute using our internal complaint handling procedure, you may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr