Givmann

Terms and condition

OUR TERMS

1. THESE TERMS

1.1 What these terms cover.These are the terms and conditions on which we supply our products to you, whether these are goods or services.

1.2 Why you should read them.Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are?We are GIVMANN a company registered under the laws of the United States LC001680879. Our registered office is at 111 N 15th Street, Apt. #411, Saint Louis, Missouri, USA.

2.2 How to contact us.You can contact us by texting our customer service team at 479-236-2381 or by writing to us at customercare@givmann.com.

2.3 How we may contact you.If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How we will accept your order. Our acceptance of your order will take place when we send you an email about accepting the order, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. 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, or any other reason(s).

3.3 Your order numbers. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures.The images of the products on our website are for illustrative purposes only. Although we have made every effort 2 to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions, and measurements indicated on our website may slightly vary.

4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.3 Making sure your measurements are accurate. If we are making the product to measurementsthat you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

6. OUR RIGHTS TO MAKE CHANGES

6.1Minor changes to the products. We may change the product:

(a) To reflect or implement changes in relevant laws and regulatory requirements; and
(b) To implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not affect your
use of the product.

6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not yet received.

7. PROVIDING ORDERED PRODUCT

7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the products.During the order process, we will let you know when we will provide the products to you, this also depends largely on the shipping company as we cannot control how they do business and deliveries.

(a) If the products are goods. If the products are goods, we will deliver them to you as soon as reasonably possible and in any event, we will contact you within 3-4 weeks after the day on which we accept your order.

(b) If you have requested a service: If you have asked us to make a customized product for you by submitting your measurements, the period
mentioned above (3-4 weeks) might be extended a little to 4-5 weeks to allow for the tailoring of your customized product.

7.3 We are not responsible for delays outside our control.If our supply of the finished products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. If you then receive a shipped product that was delayed after you have requested a
refund, we would ask you to send the product back to us, so that we can release your refund.

7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted, we will leave you a note informing you of how to rearrange delivery or collect the products from a local store. What happens in this situation also depends on the shipping company’s policy, which will have preference over our policy.

7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection
we may end the contract and clause 10.2 will apply.

7.6 When you become responsible for the goods. A delivered product to the address you have provided to us will be your responsibility from the time of such delivery.

7.7 When you own goods. You own a product only when we have received payment in full from you.

7.8 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products you have ordered you. If so, this would be stated in the description of the products on our website. We may also contact you in writing to ask for this information or additional. If you do not give us the requested information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we have requested within a reasonable time.

7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes.
(b) update the product to reflect changes in relevant laws and regulatory requirements.
(c) make changes to the product as requested by you or notified by us to you.

7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending the supply of the product unless the problem is urgent or an emergency. Where there is a temporary suspension on a product, we will provide an option of notification to inform you when it will be back. If a suspension is for any other reason, we will communicate such to you through email. You will not be able to make any purchase while a product is suspended. You may contact us to end the contract for a product if (a) we suspend it, or (b) inform you we are going to suspend it. In either case, where suspension lasts for a period of more than 2 weeks, we will refund any sums you have paid in
advance for the product.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with the delivered product(s), and when you decide to end the contract:
(a) If what you have bought is faulty or not correctly described, you may have a legal right to end the contract (or to get the product altered
or replaced or to get some or all your money back)
(b) If you change your mind about an ordered and delivered product.You may be able to get a refund if you are within the 14 days (cooling-off
period), but this may be subject to deductions and you will have to pay the costs of return. Such return is only allowed if the product had not
been worn or damaged and is in the same package with which it was delivered – this would allow for easy restocking.
Customized product might not be returnable, each case is dealt with on a case-by-case basis, please call us as regards return and/refund for
customized products.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately, and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product (see clause 6.2).
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control or
(d) we have suspended supply of the products for technical reasons or notify you we are going to suspend them for technical reasons.

8.3 Exercising your right to change your mind and return ordered products. For most of our products bought online on our website, you have a legal right to change your mind within 7-10 days (from delivery of the product to you) and receive a refund. This applies to both customized and non-customized products.

8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) Customized Products with Name Initials or Name embroider
(b) Customized products with special details
(c) Mixed or inseparably products

8.5 How long do I have to change my mind before a customized ordered product is delivered?
(a) Have you bought services, for example, customized tailoring? tailoring? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the 7-day period is still running.

8.6 Ending the contract where we are not at fault and there is no right to change your mind. When we are not at fault and you do not have a right to change your
mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, please contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund as reasonable compensation for the net costs we will incur or have incurred as a result of your ending the contract.

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Text or email. Text customer services or email us at customercare@givmann.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) Online. Complete the form: www.givmann/contact-us/ on our website.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us unworn and intact. You must return the goods by posting them back to us at 111 N 15th street Apt 411 63103. Please text customer services or email us at customercare@givmann.com for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us, you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or not as described.
(b) In all other circumstances, as mentioned above, where you are exercising your right to change your mind, you must pay the costs of return.

9.4 What we charge for collection. If you are responsible for the costs of return and we opt to collect the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.

9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by
your handling them in a way that makes them not restock-able. 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) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer
delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only
refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service (i.e. customized order that requires tailoring), we may deduct from any refund an amount for the supply of
the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied in comparison with the full coverage of the contract.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the
product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of you telling us you have changed your mind

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract if you break it.We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, measurement details.
(b) you do not, within a reasonable time, allow us to deliver the products to you.
(c) you do not, within a reasonable time, allow us access to your premises to make a delivery; or

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you as compensation for the net costs/reasonable compensation we will incur or have incurred as a result of your breaking the contract.

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 2 weeks in advance of our stopping the supply of the product and will refund any sums you have paid for the products which will not be provided.

11. IF THERE IS A PROBLEM WITH THE PRODUCT

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone or text our customer service team or write to us at customercare@givmann.com.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract/Terms and Conditions.

11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must post them back to us at our address provided on this document. Please call/text customer services or email us at customercare@givmann.com for a return label.

12. PRICE AND PAYMENT

12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure OR use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change
in the rate of VAT takes effect.

12.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that where the product’s correct intended price at your order date is less than the stated price at your order date, we will contact you and ask for the outstanding amount or end the contract.
If the product’s correct intended price at your order date is higher than the price stated to you, we will contact you for a refund of the excess. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay. We accept payment with VISA, DISCOVER, MASTERCARD, PAYPAL, AFTERPAY.
(a) You must pay for the products (customized or non-customized) when you place your order and before we dispatch them. We will not charge
your credit or debit card until we send the e-mail accepting your order.

12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know to enable us to resolve the issue.

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 How we will use your personal information. Subject to our privacy policy www.givmann/privacy-policy/. We will use the personal information you provide to us:
(a) to deliver ordered products to you.
(b) to process your payment for an ordered product; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this
at any time by contacting us or clicking the “unsubscribe” link that comes with our marketing emails.

15. OTHER IMPORTANT TERMS

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Privity of Contract: This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will
remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the United States law and you can bring legal proceedings in respect of our products in any United States’ courts.

15.7 Alternative dispute resolution. Where there is a dispute, parties agree to first exhaust available alternative dispute resolution mechanisms that would be agreed to by parties before litigation.

15.8 Alterations: Where you place an order for a customized product, and for some reason the product does not match your size and/or shape, we offer free alteration service depending on the extent of alteration. You need to contact us to schedule a return. We would require new measurements where you require alterations. Where you request an alteration, we would only perform the service where the alteration does not grossly differ from the measurements, we have about you. We strongly advise that you do not give the product you wish to alter to a third-party
tailoring service as this would mean we would not be able to offer our free alteration service as discussed in this paragraph.

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