PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR MOBILE APPLICATION.
The Renewal Workshop BV ("TRW") owns and operates the website available at thenorthfacerenewed.de] that offers refurbished The North Face® products ("TNF Site"). Though [The North Face® /VF] ("Brand Partner") owns the URL for the TNF Site and the TNF Site uses framing techniques to make it appear that the user is on a website owner and/or operated by The North Face® (e.g. by including marks and images owned by The North Face®) the TNF Site is owned and operated by TRW. In these terms and conditions, we refer to the TNF Site also as the "Website".
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Website, mobile applications and online services (collectively, "Sites") of TRW and its subsidiaries and affiliated companies (collectively "TRW").
companies (collectively "TRW"). TRW reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in its sole discretion. TRW will notify you when the Site Terms have been changed by posting the revised Site Terms on the Sites and posting a notice about such changes on the Sites. Any changes or modification will be effective immediately upon posting of the revisions on the Sites and shall apply to all use of the Sites and all acts or omissions occurring after the effective date of the revised Site Terms. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, please do not use the Sites and/or any application available thereon.
If you have any question regarding the use of the Sites please direct them to TRW via the email at mailto:firstname.lastname@example.org
- Terms of Sale
- Registration and Account
- Mobile Services and Contact Information
- Copyright and Limited License
- Repeat Infringer Policy
- Copyright Complaints
- Third Party Content
- Advertisements and Promotions; Third-Party Products and Services
- User Content and Interactive Services or Areas
- Rights in User Content and Submissions
- User Conduct.
- Limitation of Liability
- Applicable Law and Venue
- Questions & Contact Information
2. Terms of Sale
All products offered for sale on the Sites are sold by The Renewal Workshop BV. Please refer to our Terms and Conditions of Sale ("Sale Terms") for information on how your purchases of any products from TRW are regulated.
3. Registration and Account
Certain services or features offered on or through the Sites may require you to register and open an account ("Account"). If you would like to create an Account, you will need to provide an e-mail address and password to access your Account. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification and not share such information with any third party; (c) maintain and promptly update the Registration Data, and any other information you provide to TRW, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to TRW.
TRW cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. TRW may terminate your Account, at any time, and without prior notice to you if: (a) TRW reasonably believes that you are using your Account in breach of the Site Terms; (b) TRW reasonably believes that a third party is using your Account without your consent; or (c) TRW needs to terminate or suspend your Account for security or maintenance purposes.
4. Mobile Services and Contact Information
The Sites may include certain features or services that are available via your mobile phone (the "Mobile Services"), such as the ability to upload content to your mobile phone or request order and shipping status messages or other alerts be sent to your mobile phone. In addition, you have the option, but are not required, to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services, or by providing your mobile number as a contact point, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You understand that your carrier's normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.
5. Copyright and Limited License
Unless otherwise indicated on the Sites, the Sites and all content and other materials published on the Sites, including, without limitation, the The North Face mark, the TNF and the TRW logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the exclusive property of TRW, the Brand Partner or their respective licensors, and are protected by EU and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for their intended purpose.
Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of TRW, is strictly prohibited and will cause termination of the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and legislation. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
"The Renewal Workshop" and the The North Face® names, trademarks and logos and other product or service names, logos and slogans of TRW and/or of The North Face® that may appear on the Sites, are trademarks or registered trademarks of TRW and of the Brand Partner and may not be copied, imitated or used, in whole or in part, without the prior written permission of TRW or the Brand Partner. You may not use any metatags or any other "hidden text" utilizing "The Renewal Workshop" or any other name, trademark or product or service name of TRW or of the Brand Partner or their subsidiaries without prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TRW and/or the Brand Partner and may not be copied, imitated or used, in whole or in part, without our and the Brand Partner's prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
7. Repeat Infringer Policy
In accordance with the European Community Directive (EUCD) and other applicable law, TRW has adopted a policy of terminating, in appropriate circumstances and at TRW’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. TRW may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Nicole Bassett
Full Address of Designated Agent to Which Notification Should be Sent: Distelweg 78A Amsterdam, NL 1031HH,
E-Mail Address of Designated Agent: email@example.com
Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorney's fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for non-commercial purposes, provided such link does not portray TRW or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a TRW or Brand Partner's logo or other proprietary graphic of TRW or of Brand Partner to link to the Sites without the express written permission of TRW or the Brand Partner, as applicable. Further, you may not use, frame or utilize framing techniques to enclose any TRW or Brand Partner's trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without TRW’s or the Brand Partner's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of TRW, the Brand Partner or any third party.
TRW makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party's websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of TRW and TRW is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. TRW provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by TRW of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
10. Third Party Content
TRW may provide or allow third party content on the Sites and may provide or allow links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. TRW does not monitor or have any control over any Third Party Content or third party websites. TRW does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. TRW does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. Product reviews and comments posted on the Sites are strictly the opinion of the user posting such reviews or comments, and TRW does not endorse or approve any such reviews or comments.
11. Advertisements and Promotions; Third-Party Products and Services
TRW may run or allow advertisements and promotions from third parties on the Sites or may otherwise provide or allow information about or links to third-party products or services on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. TRW is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-TRW advertisers or third party information on the Sites.
12. User Content and Interactive Services or Areas
The Sites may include discussion forums, blogs, product reviews, or other interactive areas or services ("Interactive Areas") in which you or other users create, post or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, racist or otherwise objectionable;
- User Content that you know or have reason to know is inaccurate, untruthful or misleading;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of TRW, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose TRW or its users to any harm or liability of any type.
13. Rights in User Content and Submissions
Except as otherwise expressly stated by TRW, TRW does not claim ownership of any User Content or other materials you post or upload on the Sites or otherwise provide or submit to TRW. However, unless we indicate otherwise, you grant TRW and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. Such license shall be limited to use on or in connection with the Sites unless otherwise indicated on the Sites. You grant TRW and its sub-licensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that: (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Notwithstanding the foregoing, you acknowledge and agree that any suggestions, ideas, comments or other information or materials regarding the Sites, TRW or TRW’s products or services that are provided by you, whether by email, posting to the Sites or otherwise, are non-confidential and shall become the sole property of TRW. TRW shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. User Conduct.
By using the Sites, you agree not to:
- Use the Sites or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
- Harvest or collect email addresses or other contact information of other users from the Sites or Interactive Areas by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites and/or Interactive Areas or to extract data;
- Use automated scripts to collect information from or otherwise interact with the Sites or Interactive Areas;
- Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
- Impersonate any person or entity or otherwise misrepresent your age or your affiliation with a person or entity;
- Violate any local, state, province, national or international law;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another's account without authorization from TRW;
- Attempt to circumvent any content filtering techniques we may employ;
- Attempt to access any service or area of the Sites (including, without limitation, any Interactive Areas) that you are not authorized to access; or
- Engage in any harassing, intimidating, predatory or stalking conduct.
TRW is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is TRW responsible or liable for any loss, damage, injury, or harm associated therewith. Although TRW has no obligation to monitor any user conduct on the Sites or in any Interactive Area, TRW reserves the right, and has absolute discretion, to monitor any user conduct on the Sites at any time and for any reason without notice. TRW does not approve or endorse any user-posted meetings or events referenced on the Sites, and TRW recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. You use of the Sites is at your own risk. Any use of the Sites in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your Account and/or your rights to use the Interactive Areas and/or the Sites.
You agree to defend, indemnify and hold harmless TRW, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against TRW and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
The use of the Sites and the Services is at your own sole risk and you are entirely responsible for your use of the Sites and any linked sites. TRW is not responsible for typographical errors or omissions relating to pricing, text or photography. While TRW attempts to make your access and use of the Sites and the Services safe, TRW cannot and does not represent or warrant that the Sites or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
TRW reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by TRW.
17. Limitation of Liability
To the maximum extent permitted by applicable low, TRW, its directors, members, employees or agents shall in no event be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Sites, the Services, the User Content or the Site Materials contained in or accessed through the Sites, including without limitation, any damages caused by or resulting from reliance by user on any information obtained from TRW, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to TRW’s records, programs or services. Nothing in these Site Terms excludes or limits TWR's liability to you for fraud or gross negligence or for any other liability, which may not be excluded or limited under any mandatory provision of applicable law.
Press Releases. The information contained within press releases issued by TRW should not be deemed accurate or current except as of the date the release was posted. TRW has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
19. Applicable Law and Venue
These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of Germany. The Court of Amsterdam, The Netherlands shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Sites and/or in connection with these Sites Terms, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
21. Questions & Contact Information
Questions or comments about the Sites or these Site Terms may be directed to TRW via email at Hello@thenorthfacerenewed.com.