ELDERS COMPANY TERMS & CONDITIONS
These elders company Terms and Conditions consist of the following sections in this document: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as the terms and conditions dealing with
specific matters in any policy or document to which a link access is provided herein.
en.elderscompany.com (the “Website”) is owned by and/or operated by or on behalf of elders company
If you place an order through this Website, upon confirmation that such order is accepted a sales contract will be executed between you and us, which will be governed by these elders company Terms and Conditions and specifically by the Purchase Terms mentioned below.
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the elders company Website. Please, note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by elders company. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) at any web page directly connected to the Website or when you accept an offer from elders company. It is only possible to deviate from these Purchase Terms if agreed in writing by elders company.
elders company has different types of products. This may include products completely designed by elders company, meaning fully designed and created by elders company (“Standards Products”) and others that are not completely design and created by elders company such as collaborative products.
2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH ELDERS COMPANY
You have to be 16 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to elders company in the request or order is accurate and complete.
2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?
2.4.1 Formation of contract related to Standard Products
All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
elders company is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If elders company does not confirm acceptance of your order within ten working days, it is deemed to have been refused.
All orders submitted by you are subject to acceptance by elders company. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
- If Products are shown on the Website but are not available;
- If we are unable to obtain authorisation of your payment;
- If shipping restrictions may apply to a Product ;
If Products shown on the Website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Standard Products between you and elders company will not take place unless and until either:
- you receive an e-mail from elders company which confirms the shipping of the Standard Products from our warehouse;
- you received confirmation from the carrier that the Standard Products are ready for you to pick them up, when you have been chosen the option to pick up the Standard Products at an elders company store or carrier office or the carrier has stored the Standard Products at the pickup location; or
- you receive a communication from elders company confirming that the Standard Products are ready for you to pick them up at the selected elders company store, in the event you have chosen to collect the Standard Products at an elders company store.
Please note that the option to reserve a Standard Product on the website and to then buy it locally in an elders company store is only possible in selected elders company stores as indicated during the purchasing process on the website. If you buy the reserved product, you are concluding a purchase agreement with the elders company retailer of your choice locally. This means that you can only return the product to the same store you bought it from. Therefore clauses 2.13, 2.14 and 2.15 below do not apply because they refer only to the return of Standard Products purchased through the website.
2.5 RETENTION OF TITLE
All Products will remain the property of elders company until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.6 QUALITY AND MAINTENANCE OF PRODUCTS
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. elders company is not liable for these variations and deviations.
elders company draws your attention to the washing and maintenance instructions printed on the labels of the Products. elders company is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.7 ORDER CANCELLATION
Because we start to process your order as soon as it is submitted, it is not possible to cancel your order.
The stated prices include VAT. Prices are quoted in American Dollar. elders company reserves the right to make price changes prior to an order placed by you.
elders company reserves the right to change, limit or terminate any special offers or discounts at any time.
elders company may charge delivery costs. The delivery costs vary for each Product and type of delivery. Where applicable delivery may be “Express delivery”; “Standard delivery”,
These costs will, if applicable, be charged separately,itemised and added up with the total amount of the order.
2.9 METHODS OF PAYMENT
Payment can be made trough paypal and bank transfer. For more info of bank transfer please click here
elders company reserves the right to conduct an individual credit check for each order in accordance with the elders company Privacy Statement. Depending on the results of this check, elders company reserves the right to refuse certain methods of payment.
Where we elect, or are required by applicable law, to issue or make available an invoice, elders company reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
elders company will deliver to the address indicated by you. elders company can only deliver to a home or office address or if you have chosen to collect the Products from an elders company store, at the address of the relevant elders company store. elders company will confirm this to you by an email when informing you that the Products are ready for you to pick up.
Deliveries will be done on business days, not being a public holiday in your country or in the area in which our elders company warehouse is located. Therefore, please, take into account any public holidays including any national, provincial and/or local holidays in your country of residence and in the city of Jakarta Indonesia (elders company warehouse address). Note that public holidays may vary per country and per year. We suggest checking all public holidays to get a better estimation of delivery periods.
Note that Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.
elders company is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that elders company delivers in parts, elders company may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If elders company is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
In the unlikely event that after entering into the sales contract, elders company can no longer deliver your Products and is not responsible for this situation, elders company will be entitled to terminate the sales contract. elders company will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.15 RETURN, EXCHANGE and refund INSTRUCTIONS:
We don not except return, exchange and refund. if your products has a defect please email us at firstname.lastname@example.org
2.16 DAMAGED OR DEFECTIVE PRODUCTS
For elders company, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. elders company has a legal obligation to make sure that our Products are conform to the sales contract.
Returned Products are inspected by the elders company Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you. We do not refund Products:
- Obtained from a source other than the Website
- Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
- Damaged by misuse or activities other than the intended purpose (use of running shoes for court sports or hiking footwear as work boots, etc.)
Please note the life expectancy of any elders company Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our Customer Service team is available to assist you. Please don’t hesitate to contact us with your questions and comments. Email us email@example.com
3. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any elders company content on social media websites, including without limit Facebook and Twitter (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 CONTENT ON THE WEBSITE
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by elders company , its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with elders company, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of elders company AG, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by elders company , its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of elders company. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by elders company. elders company does not transfer title to the Software to you. You own the medium on which the Software is recorded, but elders company retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of elders company Group, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of elders company AG, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without elders company’ prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of elders company.
3.3 DISCLAIMER OF WARRANTIES
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
elders company does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, elders company will not provide for specific IT infrastructure or connectivity. Thus elders company cannot represent or warrant the Website will be uninterrupted or error free. elders company does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 LIMITATION OF LIABILITY
Your use of the Website is at your own risk. Neither elders company, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if elders company has been advised of the possibility of any such damages.
3.5 LINKS TO THIRD PARTIES
3.6 MISUSE OF THE WEBSITE
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. elders company may deny you access to the Website at any time in its sole discretion, and which shall include situations where elders company believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
3.7 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, elders company shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that elders company only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. elders company shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall elders company be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of elders company. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep elders company and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by elders company or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
elders company reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which elders company believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to elders company.
You agree to promptly notify elders company in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to elders company sufficient information to enable elders company to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. elders company agrees to make good faith efforts to investigate such complaint and shall take such action as elders company in its sole discretion decides. However, elders company does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.8 UNSOLICITED IDEAS
elders company maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to elders company business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to elders company. You should therefore not post any Materials on the Website or send these to elders company by e-mail or otherwise.
4.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the Website or the elders company Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to email us at firstname.lastname@example.org
Finally, you may also write to us using the following address:
Jalan Lebak Bulus Raya No 58
Lebak bulus, Cilandak
In case of contradiction between elders company Terms and Conditions and any content contained in other parts of the Website or in links, elders company Terms and Conditions contained in this document prevail.
4.3 AMENDMENTS TO THE ELDERS COMPANY TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the elders company Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the elders company Terms and Conditions periodically for changes.
4.4 DATA PROTECTION
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
Each provision of the elders company Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these elders company Terms and Conditions.
4.6 SUB-CONTRACTING AND ASSIGNMENT
elders company reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under elders company terms and conditions provided that your rights under elders company terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the elders company terms and conditions without our consent in writing.
4.7 Events beyond reasonable control
elders company will be not held responsible for any delay or failure to perform or comply with our obligations under the elders company terms and conditions when the delay or failure arises from any cause which is beyond elders company’ reasonable control.
4.8 APPLICABLE LAW AND JURISDICTION
The elders company Terms and Conditions shall be governed by the laws of The Indonesia.
Indonesian law applies to the sales contract,
You and elders company hereby submit to the non-exclusive jurisdiction of the Indonesian Court