In placing your order you accept the following general terms and conditions.
„These general terms and conditions (the „Conditions”) apply to: a) the use of any information, pictures, documents and/or other services on the following European online store of JERRY SHEPHERD www.jerryshepherd.com and their different versions (the “Website”); b) the purchase of JERRY SHEPHERD branded products on the Website.
Exclusion of Liability for External Links
The Website may provide links to external Internet sites. JERRY SHEPHERD hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties.
JERRY SHEPHERD shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites. Information on the Website. The information on the Website is for general information purposes only and does not constitute advice. Even though JERRY SHEPHERD has composed its Website with care, the information, texts, documents, graphics, movies, music and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. JERRY SHEPHERD does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate. To the maximum extent permitted under applicable law, JERRY SHEPHERD shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of JERRY SHEPHERD. JERRY SHEPHERD shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Intellectual Property All brand names, logo, product names and titles used on the Website are trademarks or trade names of JERRY SHEPHERD or third-party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights. The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to JERRY SHEPHERD and/or its suppliers and subcontractors. You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or
republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so. Data Privacy JERRY SHEPHERD collects and processes your personal data according to the privacy and cookie notice. Unsolicited Ideas In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to JERRY SHEPHERD by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials. To the maximum extent permitted under applicable law, you hereby indemnify and hold JERRY SHEPHERD harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
III. TERMS OF SALE
Eligibility and ordering Eligibility, you can order as a registered user or as a guest. You need an email address to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding products to your shopping cart and submitting your order.
To place an order, you must be at least 16 years old, or older if that is required under applicable law to enter into agreement with JERRY SHEPHERD, and you must be a consumer – not a reseller. Ordering The products offered on the Website represent an offer to purchase products from JERRY SHEPHERD based on the data provided on the Website. All prices indicated are EUR amounts and include value added tax. Orders and deliveries are possible only within the Europe union. If JERRY SHEPHERD is not able to execute an order, JERRY SHEPHERD will inform you as quickly as possible. Orders are accepted only in quantities usual for households. For more information about ordering, please check Order Information. When you submit an order, we will send you an email acknowledging receipt of your order („Order Confirmation”). This does not mean that we have accepted your order. Our acceptance of the order takes place when the products are shipped to you – we will send you an email confirming that the products have been shipped („Shipping Confirmation”). At this point a contract, containing these General Terms and Conditions, comes into existence and is binding on you and us (the “Contract”). Products on the Website are generally in stock and ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues when customers order products at the same time. When we are unable to ship an item already ordered, we may cancel or reject that part of your order and you will be reimbursed or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. Our online collection is regularly replenished so it’s worth checking back with us regularly. If you have placed an order in error, or would like to cancel an order before it is delivered, please immediately call JERRY SHEPHERD customer service at +370 (648) 07 177
Mon – Fri 9 – 3pm (standard rates, prices per mobile may vary) or e-mail info@jerryshepherd.com JERRY SHEPHERD will do its
best to assist you any way it can. As JERRY SHEPHERD always strives for quick deliveries, it means there is not much time to cancel your order before delivery. Please note that we cannot make or accept any changes to your order (address, size, color) once your order has been placed. Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right to cancel your order for any legitimate reason, including but not limited to the following situations:
Payment and promotional offers Payment method You can pay for the products by credit card (MasterCard, Visa, American Express), and by other means as may be applicable in your country, see here for more information on the payment process. The maximum amount you can spend in one order varies depending on the payment method you select and whether you are a registered user or a guest. Promotional Offers Promotional offers (discount codes) from JERRY SHEPHERD are limited to one per customer, per order. It is not possible to combine promotional codes.
If you have a promotion code, please enter it in the shopping bag page in the ‘Promotion code’ field and click on ‘Apply’. Please check and expiry date of your promotion code before using it. Please note that you cannot use more than one promotion code for the same purchase. Please note that if using promotion codes on products on sale and the total discount is higher than 50% of the original price the promotion code might not be applicable. Every promotion code is valid for one time use only, unless stated differently. Data check During the payment process JERRY SHEPHERD may perform credit checks. Based on the outcome of those checks JERRY SHEPHERD may change, adjust or decline an order and/or the selected payment method. In most cases JERRY SHEPHERD will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks. Your total price the total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement. Price changes the prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation. Delivery As a rule, delivery time is 2 to 5 working days after shipping the order. See our delivery information for more details. If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights. Retention of Ownership You are responsible for the products following delivery of the products to the address you gave us. The products remain the property of JERRY SHEPHERD until payment is made in full. Return and cancellation of orders
Your right to cancel All products purchased on the Website may be returned within the following time frame at your own risk: within 30 days after the day on which the product(s) come into your physical possession (or into the possession of a third party other than the carrier and indicated by you). If you cancel your order, we will reimburse you all payments received from you, including the costs of standard delivery and administration fees (if applicable), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to return the products. We may however withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest. The following products may not be returned: underwear, swimwear, gift cards, perfumes and make-up (unless in original sealed wrapping). How to exercise your right to cancel To exercise your cancellation right, you need to (i) inform us of your intention to return the product(s) following the instructions below; and (ii) physically return such product(s) to us within the aforementioned 30 days period. You can inform us in the following ways:
How to return If you return the product(s) by mail, you will have returned the products on time if you have delivered the product(s) at the post office or to the carrier within the aforementioned 60 days period.
If available in your country, you can also return your items in selected JERRY SHEPHERD stores. Please see our return information for more information. Returned products must be returned in the state in which you received them: the returned products must be complete, unworn, unwashed and have all the product labels and tags intact, and must not use in any other way than what is reasonably necessary to decide if you want to keep the product(s). If you do not comply with the foregoing and the value of the product diminishes as a consequence thereof, we can hold you liable for such diminished value. Please make sure that you do not have returns from multiple orders in one parcel to ensure that you get your refund as quickly as possible. To facilitate the returns process, with each delivery and/or Order Confirmation we will provide you with (i) return information, (ii) a link to an online return form, or a printed return form, and (iii) a return label. Please stick the returns label to the box and if using the box that we sent to you, make sure that the return label covers the original label used to ship the parcel to you. Your return will be handled by the carrier mentioned in your return form. Please read our return information carefully. Returning defective products, you may return products delivered to you that are defective, miss described or otherwise not in conformity with your order. You can do so within 6 months after you notice the defect. In the event your claim is justified, the purchase price and the shipping costs will be refunded. For practical information on how to return, see our return information. We also remind you that under applicable law, we are responsible for providing products that are in conformity with the Contract. If it becomes apparent within six years that the products do not conform with the Contract you have several legal rights. You may be entitled to some money back or to a repair or replacement of the product in question. The foregoing does not limit your legal rights in any way. In addition, please be reminded of the existence of a legal guarantee of conformity for products under Section 13 of the Sales of Goods Act 1979. No exchange
JERRY SHEPHERD does not have an exchange service. You can return any product that you are not fully satisfied with and receive a refund. If you would like another product, color or size, please place a new order. Refunds Once your returned products have been checked and inspected by JERRY SHEPHERD you will receive a refund e-mail notification, if a refund will be made. Your refund will be paid to the same card or account that was used to place the order without undue delay. Refunds usually take up to 8-10 working days to appear on your statement. The length of time depends solely on your card company’s policies. You can always check your refund status on your online account or by contacting your card issuer. In order to get a full refund it is important that we receive the returned products in the state in which you received them: the returned products must be complete, unworn, unwashed and have all the product labels and tags intact and must not be used in any other way than what is reasonably necessary to decide if you want to keep the product(s).
Contact Information
J. SHEPHERD FASHION, MB
Telephone: +370 (648) 07 177, 9.00 – 15.00 Mon – Fri
E-mail: info@jerryshepherd.com
Changes: If JERRY SHEPHERD decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes. These terms and conditions were last modified in 21.02.2019 Governing law and jurisdiction The Online Dispute Resolution (ODR) platform is accessible through http://ec.europa.eu/odr. Please be aware that JERRY SHEPHERD is currently not participating in an online dispute resolution procedure before a dispute resolution body.
ANNEX 1 RETURN INFORMATION
To exercise your right of withdrawal, you must inform us of your decision to withdraw from your order by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) by using the following contact details:
E-mail: info@jerryshepherd.com
Invoice address:
Delivery address:
Customer number: ________________________
Fact number: _____________________________
Invoice date: _____________________________
Pos. EAN Reason articles:
Please enter the number of the return reason for the item or items to be returned: Reason for return shipment:
PRIVACY NOTICE
Hi there, this is our privacy notice. When you visit our stores or venues, visit or interact with us through websites, social media pages, email or other digital properties (“websites”), or when you view, shop for and use our items off- or online, we will collect and process information that relates to you, known as personal data.
In this notice we will explain what personal data we collect about you, why and what we do with them. This notice applies to both consumers and where indicated, small businesses (jointly referred to as “you” or “Customers”) that buy our clothing and other items and otherwise interact with us off- or online.
Please note that this privacy notice may change. Any changes will become effective when we post the revised privacy notice on our websites.
2.1. To handle your purchases, provide (Customer) services and fulfill other requests
2.1.1. Orders, store purchases and accounts
2.1.2. Customer service and other requests
2.1.3. (Changed) terms, conditions or notices
2.1.4. Check fraudulent credit card usage or excessive credit card charge backs
2.2. To maintain our relationship with you through (digital) marketing initiatives and social listening
2.2.1. Newsletters, promotional communications or clickable links in an e-mail
2.2.2. Personalized experience and improvement of online experience
2.2.3. Personalized targeted advertising
2.2.4. Participation in a sweepstake, contest or a seasonal or other promotion
2.2.5. Social listening
2.3. To offer you free wifi in our stores
2.4. To improve our services and items
2.5. In connection with a sale or business transaction
2.6. To manage and improve the functionality of our websites
2.7. To accomplish our other business purposes
JERRY SHEPHERD and where specifically indicated J. SHEPHERD FASHION, MB are responsible for this privacy notice. These legal entities are referred to as “we” or
us” in this document. You can contact us at the address listed at the end of this privacy notice.
2.1. To handle your purchases, provide (Customer) services and fulfill other requests
2.1.1. Orders, store purchases and accounts
Online, when you purchase an item via one of our websites, we collect your name and your company name (in case you are a small business), full postal and/or separate billing address, e-mail address, ordered and returned items, delivery information, invoice information and other data relating to fulfilling your order. We will also collect data on the usage of your vouchers (e.g., validity and amount) or gift cards. Furthermore, we collect data you choose to provide us with additional fields, such as your date of birth and telephone number. We use this data because it is necessary to conclude, execute and manage your purchase and to handle your order. Please note that in some cases requested information may be mandatory. If you do not provide us with a name and delivery address, we will not be able to deliver your items. During the purchasing process, you will be presented with the option to set up a personal JERRY SHEPHERD account. If you choose to do so, we will ask for additional information, such as setting up a personal password, date of birth and subscriptions to commercial communications. In our store, depending on whether you are a consumer, we collect your name, address and other relevant personal details if this is needed to comply by local fiscal and legal requirements. We may need this information to be able to provide
you with a refund or a fiscal receipt (VAT receipt). This data is collected via our point of sale terminal in the store.
2.1.2. Customer service and other requests
We also collect data to answer your queries on the phone, via post, via email or online via a chatbot or online form. In such case we will only ask you to provide the data necessary to handle your request (to manage our contractual relationship with you and/or comply with a legal obligation). For example, if you contact us regarding item return, we may ask you for purchase date and location, or information about your decision to return. When you interact with chatbots (automated messengers) we will also record what you respond to these chatbots, how you interact with them and we will store data related to the device that you use. Depending on the platform for the chatbot and your permission, we may collect device data such as: IP address, social media handle, time zone, country and GPS location. The platform that provides the chatbot may also collect some of this data. For example, if the chatbot is provided on Facebook, Facebook may collect your user data as well. We also collect other information in relation to the fulfillment of your request such as chat content. We may process this data because it is necessary to manage our contractual relationship with you in case your request is related to an order or because we have a legitimate interest in helping you and thereby improving our services.
2.1.3. (Changed) terms, conditions or notices
We are required by law to inform you about any (changes in) terms and conditions, and notices that apply to the relationship that we have with you. In
order to comply with these legal obligations, we may use your contact details such as your email address to inform you.
2.1.4. Check fraudulent credit card usage or excessive credit card charge backs
If you wish to pay your order by credit card, we will have a credit check performed in order to establish whether your personal data is not associated with fraudulent credit card usage or excessive credit card charge back. For this purpose, our payment service provider will use your name and banking account details. We do not collect information related to the payment instrument that you use, e.g. credit card information ourselves. This information is processed solely by our payment service provider and by the providers of the payment instruments subject to strict information security assurances. We have this check performed to protect our legitimate business interest to prevent fraud and financial loss or comply with our legal obligations.
2.2. To maintain our relationship with you through (digital) marketing initiatives and social listening
2.2.1. Newsletters, promotional communications or clickable links in an e-mail
Where you consent or where we have a legitimate interest to do so, we will collect your e-mail address and/or mobile number and/ or your postal address to send you our newsletter and other commercial messages. In addition, we will retain a history of the e-mail and SMS messages that we sent to you and we will record what you do with these messages (for example, if you open them or click on their content). Please note that you can unsubscribe at any given moment via the
‘unsubscribe’ or ‘opt out’ button below each email, or by requesting us to do so via the contact details set out below or in the relevant commercial message.
2.2.2. Personalized experience and improvement of online experience
When you visit our websites, we will drop cookies, pixels and other digital tools with similar functionality (“cookies”) on your browser or device that enable us to understand you better and personalize your experience with us and our communication and marketing towards you.
2.2.3. Personalized targeted advertising
Based on your on- and offline purchase history, your behavior on websites (visited pages, links clicked) and interaction with chatbot(s), we will set-up and maintain your personal digital marketing profile to make sure that we only show you advertisements that will most likely suit your personal taste. This is called targeted advertising. The more successful we are in targeted advertising, the higher our (prospective) Customer satisfaction. To be able to show you targeted advertisements, we can also match your data profile with Customers that have a similar profile. In order to support our targeted advertising, we make use of a Data Management Platform (“DMP”). In the DMP information is collected on how our consumers respond to our products, brand and advertisements. This information is collected from different sources available to us offline, online and mobile, for instance when you are visiting our website. Next to that it is enriched with information collected
by others, such as data relating to the local weather. Based on that information the DMP can help our marketing teams to find and define relevant segments of online audiences to direct marketing campaigns at to best reach them, within and beyond JERRY SHEPHERD digital channels. If your digital marketing profile falls within such a segment you will probably receive our advertising tailored to the interests of the segment we placed you in on Facebook, Google properties, online properties of so-called affiliate parties and other online and offline locations and materials, which is targeted advertising. We may also use the data for retargeting by showing you a targeted advertisement on a third-party website that is linked to an event on our website, for example a specific purchase that was abandoned. In addition, Facebook, Google and other online actors can independently register your use of our advertisements. Please read the privacy policies of such third parties as we are not responsible for the personal data they process for their own purposes. You can request us to remove your digital marketing profile by sending us an e-mail to the contact e-mail address that is displayed below. We only use your data for targeted advertising if you have given your consent for the placement of cookies of and the collection of personal data via the cookie.
2.2.4. Participation in a sweepstake, contest or a seasonal or other promotion
We may offer you the opportunity to participate in a sweepstake, contest or other (in store) promotion. Some of these promotions have additional rules containing information about how we will use and disclose your personal data. We collect information required to allow you to participate in the activity and manage our contractual relationship with you, such as your name and email.
Personal data collected by us in the context of a sweepstake, contest or a seasonal or other promotion may be subject to additional privacy notices. In principle we get your personal data directly from you. However, in some cases we receive personal data such as your buying preferences and activity for example through publicly available databases or our digital marketing activities and partners when they share the information with us. Please see Section 2.2.3 below for more information.
2.2.5. Social listening
If you actively communicate about us or our brands on social media, we collect a copy of your communication. For example, if you use #jerryShepherd in relation to one of our items we will retain a copy of the tweet and may use it for our brands awareness. In order to enable us to do so, we contracted a third parties for the provisioning of social listening services. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. Also, if you disclose any personal data relating to other people to us or to our service providers in connection, you represent that you have the authority to do so and to permit us to use the personal data in accordance with this privacy notice. If you choose to connect your social media account to your JERRY SHEPHERD account (where such feature is available), you will share certain personal data from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your JERRY SHEPHERD account. We will engage in these activities to manage our contractual relationship with you, with your consent or where we have a legitimate interest. With regards to Section 2.2.
2.4. To improve our services and items
We process your personal data in order to identify usage trends and service personalized content (e.g., item, size recommendations) across websites. The information that we gain is used to further improve our services and our items, for instance to help create and design our new collection, or to make improvements to current collections so as to meet your expectations. For example, if you actively communicate about us or our brands on social media, interact with our chatbot or our customer service we may use your input improve our services and items. We will engage in this activity where we have a legitimate interest.
2.5. In connection with a sale or business transaction
We may share your personal data with a third party as part of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example,
an acquiring entity and its advisors. We will engage in this activity where we have a legitimate interest.
2.6. To manage and improve the functionality of our websites
When you visit our websites we will drop cookies, pixels and other digital tools with similar functionality (“cookies”) on your browser or device that enable us to improve the design and functioning of our websites, the responsiveness of our chatbot(s) and to enable the technical and functional management of our websites (including maintaining information security), for example by identifying parts of the websites that have a low latency. We will engage in this activity where we have a legitimate interest.
2.7. To accomplish our other business purposes
Insofar necessary we may use your personal data if to manage security and fraud, for example, to detect and prevent cyberattacks or attempts to commit identity theft. Furthermore, we may use your personal data to protect our rights and to defend against lawsuits and to respond to legal and regulatory duties, such as requests from public and government authorities. We engage in these activities to comply with a legal obligation or because we have a legitimate interest. With regards to Section 2.5, JERRY SHEPHERD is an independent controller in addition to J. SHEPHERD FASHION, MB. USE BY MINORS
Please note that our websites are not directed to individuals under the age of sixteen (16). We ask that you do not post comments or submissions of anyone under that age.
Your personal data can be accessed by our employees to the extent that this access is required to enable them to perform their work for us. In addition, we disclose personal data to:
We retain your personal data for the period that you actively interact with us. You are no longer considered to be actively interacting with us if, for a consecutive period of two (2) years, you have not purchased an item from us or have not visited one of our website(s). After this two (2) year period we will only retain specific personal data that need to be retained (i) in light of the purpose(s) for which they were obtained (ii) if required to comply with a legal obligation or (iii) if necessary to protect our rights and legal position. The personal data that we use to send you direct marketing communications will be used (processed) by us until you opt- out from receiving them.
Yes, your personal data may be transferred outside of the European Economic Area (“EEA”) for example to countries where we have facilities or engage service providers, such as to the United States where our parent company is located. Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards. For transfers from the EEA to countries not recognized by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your personal data. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in countries outside the EEA may be entitled to access your personal data.
You have the right to request us to:
To do so, you may send us an e-mail to the contact e-mail address listed below.
If you wish to opt-out from receiving direct marketing communications, you can click the opt-out link in the respective message. For your rights in relation to cookies, please check our cookie notice which can be found in our website
You are also entitled to lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs.
Updated last: 04/08/2020
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