Terms & Conditions
1. The owner of this web-site is Terra Plana International Ltd. whose address is 124 Bermondsey Street, London Bridge, SE1 3TX. Registration number 03474829 Vat Registration 704703658. For information on your web order please contact the N. America dispatch location in New York City at 1 212 274 9000 ext 2.
2. You agree that e-mail can be used as a means of communication.
3. No contract for the sale of any product will subsist between you and Terra Plana unless and until Terra Plana accepts your order by way of an e-mail confirming it. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Terra Plana sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Terra Plana of your offer to buy goods from terraplana.com.
4. This confirmation e-mail will contain all relevant information concerning your order.
5. The confirmation e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 32 below from time to time.
6. You must check that the details on this confirmation e-mail are correct as soon as possible and you should print out and keep a copy of it.
7. You undertake that all details you provide to Terra Plana for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
8. If there are any changes to the details supplied by you it is your responsibility to inform Terra Plana as soon as possible.
9. You may cancel an order the same day it was placed before 5:00pm EST Monday-Friday by emailing us at email@example.com or call 1 212 274 9000 ext 2. Upon cancelling an order after it has been processed and/or dispatched a restocking fee will be charged. This fee will be 5% of your total cost including shipping fee.
9.1 If the order has been "Dispatched" and you no longer wish to keep, one must await the arrival of the item. Follow the instructions on the back of the invoice requesting a refund. The original shipping fee + additional shipping fee to send back to Terra Plana will not be reimbursed. No refund to the credit card will be given until goods are received back into the possession of Terra Plana in an unworn condition with original packaging. No refunds will be given on worn items. Any damage incurred to the shoe box may be fined a restocking fee at the description of the Web Manager.
10. Terra Plana is not liable for any lost, stolen or damaged items in the mail.
10.1 Upon dispatch of goods sent via UPS, a tracking number is issued. We are not responsible if this email is never received nor read by the customer.
10.2 Upon dispatch of goods sent via USPS an item number is provided but does not allow for tracking. Terra Plana is not responsible if this email is never received nor read by the customer. If you desire delivery confirmation and insurance an additional fee applies. Please contact firstname.lastname@example.org or call 1 212 274 9000 ext 2, Monday-Friday 9:00am-6:00pm EST to request. This request must be done prior to order status changing to "Processing." If the request is made after an order status has changed to “Processing” the request is subject to denial or refusal at the discretion of the Web Manager.
10.3 Terra Plana does not accept responsibility for undeliverable and unclaimed items. Any items returned back into the possession of Terra Plana due to invalid delivery address or unclaimed item are subject to a 2nd delivery fee.
11. You are responsible for any additional shipping charges and fees incurred from customs clearance inducing any duties and additional taxes.
12. This Liability section applies only to the extent permitted by law. For the avoidance of doubt, Terra Plana does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Terra Plana's negligence or willful default, or that of Terra Plana's employees, agents or subcontractors or (b) fraudulent misrepresentation.
13. Terra Plana does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed goods, products and services.
14. Terra Plana will do its best to correct errors and omissions as quickly as possible after being notified of them.
15. TO THE FULLEST EXTENT PERMITTED BY LAW, Terra Plana IS PROVIDING THIS WEB-SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB-SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Terra Plana DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB-SITE IS ACCURATE, COMPLETE OR CURRENT.
16. In the unlikely event that you receive goods which were not what you ordered (not pertaining to fit issues), which are damaged or defective, or are of a different quantity to that stated on your order form, Terra Plana shall, AT ITS OWN OPTION, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Terra Plana of the problem. Various situations will result in appropriate solutions at the discretion of the Web Manager. These results are not for negotiations or persuasions. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
16.1 In the event the item cannot be replaced, exchanged or repaired the option for a refund is still up the discretion of the Web Manager.
16.2 All claims made to the Web Manager based on receiving goods which were not what you ordered (not pertaining to fit issues), which are damaged or defective, or are of a different quantity to that stated on your order form must be made with 10 days of item receipt. If situation is not brought to our attention within 10 days any means to rectify the situation are subject to forfeit.
17. Terra Plana does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Terra Plana web-site or for any products or services purchased from Terra Plana.
18.Terra Plana is not liable for items lost, stolen or damaged in the mail and upon delivery of merchandise to the carrier; you will assume the risk of loss and title for the merchandise. Terra Plana does not accept responsibility for undeliverable and unclaimed items.
18.1Terra Plana is not liable for items not arriving within the estimated ship time. All estimates are provided by the delivery companies in which Terra Plana is not liable for.
Processing of orders
19. Credit and Debit cards are debited after Terra Plana confirms items are in stock. No cards will be charged for items not in stock. All prices include sales tax (where applicable) unless otherwise stated.
20. Every purchase you make shall be deemed performed in the United States. United States law shall govern every aspect of contractual agreement concerning purchases made from this web-site.
21. Terra Plana ensures the shipment of all in stock items within 2 business days. Orders placed on the weekend or after 5pm EST Friday will be processed the following business day. Please note some orders may take longer to deliver than others. Some items ordered may be out of stock as the current stock status is subject to change. Terra Plana can only supply approximate delivery dates as provided to us by the delivery companies.
22. You can keep track of your order status yourself on-line with the order tracking facility on your account page. Our standard Returns Policy applies to all purchases from Terra Plana.
Delivery / Title / Risk
23. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in installments meaning multiple packages and/or shipments. If the order is sent are multiple shipments you will receive all corresponding tracking numbers by email. Terra Plana is not responsible if this email is never received nor read by the customer.
23.1 Deliveries can be made while stock lasts. The value of the order covers the packaging and postage costs. In exceptional cases, we might charge an additional delivery fee. This will be specified accordingly and may be due to a large package size and additional surcharges as charged by the delivery companies.
24. Title to any product ordered will pass to you once Terra Plana has received payment in full for that product.
25. If your delivery address is outside of the United States you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be paid by you. You should note that customs policies vary widely from country to country; Terra Plana advises each customer to contact their local customs office for further information.
26. Please note that when shipping products internationally you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Returns or Exchanges
27. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Terra Plana tracks the electronic 'fingerprints' of every order placed on Terra Plana to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our web-site.
27.1 The item(s) are unworn and unused: The inside and the soles of the shoe(s) are clean with no obvious signs or odor due to wear.
27.2 The item(s) must be sent back in the same condition in which they were received. Please note all items are inspected prior to shipment. Please refer to 16.2 for additional information. In the case you no longer have the original packaging it should be substituted by one of the same size and may be subject to a restocking fee. Any damage incurred to the shoe box due to packaging labels will be subject to a restocking fee.
27.3 When Terra Plana do so, Terra Plana will mention the fact on our home page (www.terraplana.com). All purchases from the date that the amended terms are placed on our web-site onwards will be governed by those new terms.
28. When all conditions are met, Terra Plana will refund the cost of the goods except the initial delivery cost plus delivery to return the item(s). Should you wish to exchange for a style of a lower price, Terra Plana will refund the difference. Should you wish to exchange for a style of a higher price, you will need to pay the difference. If it is an exchange of size, model or color, the second S&H charge from Terra Plana to the customer will be free.
29. These terms and conditions shall apply when Terra Plana accepts your order by e-mail confirming that it has been received. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Terra Plana and you relating to your purchase. Terra Plana advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Terra Plana.
29.1 he item(s) must be delivered to Terra Plana 254 Elizabeth St New York, NY 10012 within 30 days from the original transaction "Dispatch" date (Refer to clause 22). The item(s) require a filled out return slip to include the request for either a refund or an exchange. If the return slip is not filled out with the request Terra Plana will contact the customer with the order subject to delay and the 30 day policy still in effect. Any additional exchanges must be done within the 30 days from original transaction "Dispatch" date.
30. Once an item is received back a refund will be credited to the original method of payment, minus the shipping fees. No refunds are given for shipping fees, only the price of the shoe + tax when applicable.
30.1 All requests for refunds take 5-7 business days to process and are subject to an additional 5-7 business days (give or take & also depending on your Credit/Debit card company) to reflect on customer statements. An email will be sent informing the customer when a refund has been processed. Terra Plana is not responsible if this email is never received nor read by the customer.
31. If the item or exchange takes place due to a manufacturing fault or quality defect by Terra Plana the customer must notify Terra Plana of the situation and receive authorization for return. (Refer to 16.2) If the item(s) is judged defective by Terra Plana the total amount of the transaction will be replaced with a newly requested item or Terra Plana will offer additional alternatives to accomodate the matter. Terra Plana does not offer refunds back.
32. TIf upon receiving a request for exchange or refund on an item that is deemed worn/used the request is forfeited and the item(s) are returned back to the customer. No further action can take place and the order transaction is deemed FINAL SALE and COMPLETE.
32.1 If such event takes place the Web Manager will inform the customer of the situation with new tracking number(s) and pictures of the item(s). Terra Plana is not responsible if this email is never received nor read by the customer.
33. If upon receiving a request for exchange or refund on an item that is past the 30 days from original transaction date, the item(s) are returned back to the customer. No further action can take place and the order transaction is deemed FINAL SALE and COMPLETE.
33.1 If such event takes place the Web Manager will inform the customer of the situation with new tracking number(s) and explanation of policy. Terra Plana is not responsible if this email is never received nor read by the customer.
34. For item(s) returned back to Terra Plana that lack proper request information, Terra Plana will contact the individual. If no customer response is established within the 30 days of order transaction, the goods will become the possession of Terra Plana. This forfeits the customer order and no refunds and/or exchanges will be given.
35. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Terra Plana tracks the electronic fingerprint of every order placed on the Terra Plana website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our web-site.
36. Terra Plana may amend these terms and conditions from time to time, and place the new version on the web-site. When Terra Plana does so, Terra Plana will mention the fact on our home page (www.terraplana.com). All purchases from the date that the amended terms are placed on our web-site onwards will be governed by those new terms.
37. These terms and conditions shall apply when Terra Plana accepts your order by e-mail confirming that it has been received. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Terra Plana and you relating to your purchase. Terra Plana advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Terra Plana.
38. You are advised to read (and are responsible for reading) all information on this web-site fully.
39. If any of these terms are held to be invalid or unenforceable, those terms will be struck out and the other terms remain.