Terms and conditions
Please read these terms and conditions carefully, as they contain important information. Please make sure you understand them, before ordering any Products from us. Our relationship is subject to these terms and conditions and they impose certain responsibilities upon you and they exclude and limit our liability to you in the event of loss or damage.
If you do not agree with the terms and conditions set out below, you should not place an order for Products with 42plus.eu. You may only purchase Products from the Site if you are at least 18 years old. All the details that you provide to 42plus.eu for the purpose of ordering or purchasing Products must be true, accurate, current and complete in all respects. Credit cards or PayPal accounts that you are using must be your own and you must ensure that there are sufficient funds in your account to cover payment of the Products ordered.
1.Definitions
1.1. When the following words with capital letters are used in these Terms and the Introduction, this is what they mean:
Contract – means the individual legally binding contract formed between you and us when you place an order which we accept according to the provisions of clause 3.2 below;
Confirmation Email – the email we send to you after you have submitted an order to us, as explained in clause 3.1 below;
Dispatch Confirmation – the email we send to you confirming that the Products you have ordered have been dispatched to you, as explained in clause 3.2 below;
Event Outside Our Control – is defined in clause 22.2 below;
Products – means the products listed on the website at 42plus.eu from time to time;
Site – the website that operates 42plus.eu;
Terms – the terms and conditions on which we supply Products to you.
2. Information about us and how to contact us
2.1. 42+ is the trading name of 42Plus EOOD (“we”, “us”, “our”). This site is owned and operated by 42Plus EOOD, a limited company registered in Sofia with company number 204593742. Our registered address is 109, Bulgaria Blvd, 1404 Sofia, Vertigo Business Center, Bulgaria
2.2. If you have any queries about these Terms or if you have any comments or complaints on or about our Site, you can contact us: 2.2.1. email us at shoes@42plus.eu;
3. How the contract between us is formed
3.1. Pressing the ‘Place an Order’ button at the point of ordering Products on 42plus.eu represents an offer on your part to purchase Products from us. After you place an order, you will receive an email from us, confirming your order (“Confirmation Email”) and acknowledging that we have received your order. This does not mean that your order has been accepted, nor that a Contract between us has been formed. Our acceptance of your order will only take place as described in clause 3.2. 3.2. We will confirm our acceptance to you by sending you an email, which will confirm that the Products have been dispatched to you at the address you included when you submitted your order (“Dispatch Confirmation”). The Contract between us will only be formed at the time we send you the Dispatch Confirmation and when we have received payment from you (in full) for your order in accordance with clause 9.1.
4. Ownership of rights
All rights, including copyright, in our Site are owned by 42Plus EOOD, trading as 42+. Any use of our Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on our Site for any purpose, unless specifically through the sharing/social media functionality set out on our Site.
5. Our Products and Site content
5.1. The images of the Products on the Site are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. 5.2. All Products shown on the Site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available. 5.3. We reserve the right to change any content on the Site, including but not limited to, descriptions, specifications and prices of Products at any time without prior notice.
6. Availability
All orders are subject to acceptance and availability. If the Products you have ordered are not available from stock or if for some other reason we are unable to supply you with a Product, we will contact you by e-mail or phone (from the details you have given us) to inform you of this. You will then have the option of waiting until the Product becomes available, choosing an alternative Product or cancelling your order. We will not process your order until we have your instructions. If you have already paid for the Products and decide to cancel your order pursuant to this clause 7, we will refund you the full amount as soon as reasonably possible.
7. Ordering errors and your right to make changes
You are able to check and correct errors on your order up to the point on which you click on “Place your Order” during the ordering process. Please take the time to read and check your order at each stage of the ordering process. If you wish to make a change to your order once your order has been submitted, you should contact our Customer Service Team on shoes@42plus.eu to notify us of any errors as soon as possible. If it is possible to correct the error in your order, 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 we will ask you to confirm whether you wish to go ahead with the change.
8. Price
8.1. The prices payable for Products that you order are as set out in our Site when you placed your order. We take reasonable care to ensure that the prices of Products are correct at the time when the information is entered onto the Site. Please see clause 8.3 for what happens if we discover an error in the price of a Product you order. 8.2. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date on which we confirm your order via a Dispatch Confirmation email, we will inform you and we will give you the option of continuing to purchase the Product at a price which includes the extra VAT or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. 8.3. If you are ordering Products from outside the European Union local taxes and import duties may be applicable and payable when the delivery reaches the specified destination. You are responsible for payment of any such taxes and import duties. We cannot predict their amount nor do we control these. The importation or exportation of certain of our Products to you may be prohibited by certain national laws. Please contact your local customs office for further information before placing your order. We make no representation and accept no liability in respect of the export or import of the Products you purchase.
9. Payment terms
9.1. You can pay for Products using a credit card or Paypal account. We will only accept your order and a binding Contract will only be formed between us when we have taken payment in full in cleared funds for the Products you have ordered and when we have sent a Dispatch Confirmation to you. When you place your order using a credit card, we will take an ‘authorisation payment’ from this card (i.e. the funds required to pay for the Products are ring-fenced, so that the order can be processed). Payment will be taken in full from your nominated credit card at the point at which your order is despatched. 9.2. Please see www.paypal.com for further information on Paypal payments. 9.3. Payment for the Products and all applicable delivery charges is in advance. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the Products from your account then we reserve the right to cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have. 9.4. You will only own a Product when we have received payment in full.
10. Delivery
10.1. All Products are delivered to you by our fulfillment service in Mirow, Germany. Please be precise about where you would like the Products left if you are out when we deliver them to you. We cannot accept any liability for any loss or damage to the Products once they have been delivered in accordance with your instructions. 10.2. If Products are returned to us as undeliverable, we will attempt to contact you (i.e. using the contact details provided when you submitted your order) to arrange re-delivery. Re-delivery attempts may incur an additional postage charge. If we are unable to contact you within a reasonable time to arrange a re-delivery, we will treat the order as cancelled and notify you in writing. We will refund the price you paid in advance for the Products (excluding delivery charges) in respect of the cancelled order. 10.3. Delivery charges and timescales will vary depending on the type of Product ordered and the delivery address. The cost of delivery within the EU is free of charge, cost of delivery for all other areas will be set out in the order summary shown to you before you pay for your order. Please read the order summary carefully and ensure that you understand and agree to pay the cost of delivering your order to its destination. We will ensure that the Products you have ordered from us are delivered to you without undue delay and in any event not more than 30 days after the date of the Dispatch Confirmation. Please read clause 22 about what happens if there is an Event Outside Our Control, which results in a delay in delivery or failure to deliver the product. If there is an Event Outside Our Control, we will contact you to discuss what will happen next. 10.4. Depending on the number of Products you order from us and whether or not the Products you have ordered are available for delivery at the same time, we may split the Products you have ordered from us across a number of separate deliveries. 10.5. Delivery will be completed when the all Products you ordered form us are delivered to the address you gave us for delivery when you submitted your order to us. 10.6. Each Product will be your responsibility from the time we deliver the Product to the address you gave us when you submitted your order. You should check all Products you receive against your order as soon as possible to make sure they reflect what you ordered and that they are not damaged and that they are as described. 10.7. If you are a consumer, if we miss the delivery deadline for any Product (see clause 10.3) then (unless clause 10.2 applies) you may immediately cancel your entire Contract under which that Product was purchased if any of the following apply: 10.7.1. We have refused to deliver the Product; 10.7.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances at the time the Contract was entered into); or 10.7.3. you told us before we accepted your order that delivery within the delivery deadline was essential. 10.8. If you do not have the right to cancel your entire Contract under clause 10.7, you can give us a new deadline for delivery (which must be appropriate in the circumstances). If we fail to meet the new delivery deadline you set pursuant to this clause 10.8, then you can cancel your entire Contract. 10.9. You can cancel your Contract pursuant to clause 10.7 or clause 10.8 in respect of just some of the Products or all of them (including any Products that have already been delivered to you). If the Products have been delivered to you, you will have to return them to us. 10.10. If you do choose to cancel your Contract as a result of late delivery pursuant to clause 10.7 or clause 10.8, then we will reimburse you for all payments made to us under the Contract without undue delay after you have cancelled the entire Contract. If you choose to cancel your Contract as a result of late delivery pursuant to clause 10.7 or clause 10.8 in respect of just some of the Products, then we will only reimburse you for all payments made under the Contract in respect of those Products for which you cancel the Contract.
11. Cancellation rights
11.1. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract: 11.1.1. If what you have bought is faulty or mis-described you may have a statutory legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 13;
11.1.2. If you want to end the Contract because of something we have done or have told you we are going to do, see clauses 11.2 and 12;
11.1.3. If you have just changed your mind about the product, see clauses 11.3 – 11.6 (inclusive) and clause 12. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products to us;
11.1.4. If what you have bought breaches our warranty at clause 14, see clause 14. 11.2. 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 11.2.1 to 11.2.3 below the Contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
11.2.1. 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 (see clause 8.3);
11.2.2. there is a risk that supply of the Products may be significantly delayed because of Events Outside Our Control (see clause 22);
11.2.3. you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late (see clause 10.9).
11.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
11.4. Our returns and exchanges policy. We offer a 14 days returns and exchanges policy.This returns and exchanges policy does not affect your legal rights in relation to faulty or mis-described products (see clause 13.2).
11.5. When you don’t have the right to change your mind. You do not have a right to change your mind under clause 11.3 or 11.4 in respect of: 11.5.1. Products have been used, worn, washed or damaged.
11.6. How long do I have to change my mind (under clause 11.3)? Your legal right to change your mind starts from the date of the Dispatch Confirmation (i.e. the date on which we email you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for changing your mind then depends on what you have ordered and how it is delivered, as set out in the table below:
Your ContractEnd of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January, you may cancel the Contract at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following: • one Product which is delivered in instalments on separate days. • multiple Products which are delivered on separate days.The end date is the end of 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered. Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment on 15 January, you may cancel the Contract in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
11.7. If 42+ is unable to settle your complaint, you have a right to complain to the Online Dispute Resolution (OPR) Platform, which provides a portal for consumers to submit a complaint to a relevant, registered alternative dispute resolution (ADR) provider with the aim of resolving the dispute. You can find more information here on the ODR Platform website http://ec.europa.eu/odr.
12. How to end the Contract with us
(under clauses 11.2, 11.3 or 11.4) 12.1. Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following: 12.1.1. Phone or email. Call our Customer Service on +41 79 5234423 or email us at shoes@42plus.eu. Please provide your name, home address, details of the order and, where available, your phone number and email address. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email. For example, you will have given us the notice in time as long as you get your email send before midnight on the day of the cancellation period. You may wish to keep a copy of your cancellation notice for your own records. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 12.2. Returning products after ending the Contract or under our returns and exchanges policy. If you end the Contract or you want to return or exchange your Products under our returns and exchanges policy after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us. Please email us at shoes@42plus.eu to obtain a returns label. Please make sure you enclose: 12.2.1. details of your name, your address, your order number and a contact telephone number and email address; 12.2.2. (if you are returning a Product to us under our returns and exchanges policy (see clause 11.4)) confirmation of whether you are returning the Product for a refund or in exchange for another Product. If you are exchanging the Product for another Product, please let us know which size and/or other Product you would like to exchange it for. If you are exercising your right to change your mind (under clause 11.3) you must send the Products to us within 14 days of telling us you wish to end the contract. 12.3. When we will pay the costs of return. We will pay the costs of return if you are ending the Contract because of an error in pricing or description, a delay in delivery due to Events Outside Our Control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind pursuant to clause 11.3 or returning them under 11.4) you must pay the costs of return. 12.4. 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. 12.5. Deductions from refunds. If you are exercising your right to change your mind under clause 11.3 or to return goods under clause 11.4: 12.5.1. we are permitted by law to reduce your refund of the price you paid for the Products (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your unnecessary handling them in a way which would not be permitted in a shop (i.e. if you handle the goods in a manner which is more than is necessary to establish the nature, characteristics and/or functioning of the Products) or where the item has not just been checked, but used (i.e. the Products have been worn). 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. 12.5.2. the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 12.6. 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 under clause 11.3 then: 12.6.1. 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. For information about how to return a product to us, see clause 9.8; 12.6.2. in all other cases, your refund will be made within 14 days of your telling us you have changed your mind. 12.7. Delivery of the exchanged Product under our returns and exchanges policy (under clause 11.4). We will process your exchange and send your exchanged Product to you as soon as we can after we have received the returned Product from you. If we do not have the requested Product in stock, we will contact you to arrange an alternative or to arrange a refund (i.e. as described in clause 12.4). 12.8. Other rules about returning Products to us. If the Products were delivered to you before you decide to cancel your Contract: 12.8.1. you will be responsible for ensuring that the Products returned to us are not damaged in transit; 12.8.2. you must take reasonable care of the Products and keep them in your possession and not use them until they are returned to us. 12.9. Always return Products to us in their original packaging.
13. If there is a problem with a Product
13.1. How to tell us about problems. If you have any questions or complaints about a Product, please contact us: shoes@42plus.eu. 13.2. Summary of your statutory legal rights. We are under a legal duty to supply Products that are in conformity with the Contract. See the box below for a summary of your key statutory legal rights in relation to such Products.
Summary of your key statutory legal rights
This is a summary of your key statutory legal rights. These are subject to certain exceptions. If your Product is goods, for example clothing, shoes or headwear, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
• up to 30 days from when the day on which the Product has been delivered to you and you have paid for the Product in full: if your item is faulty, then you can get a full refund.
• up to six months from when the day on which the Product has been delivered to you and you have paid for the Product in full: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• up to six years from when the day on which the Product has been delivered to you and you have paid for the Product in full: if the item can reasonably be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
13.3. Your obligation to return rejected Products. If you wish to exercise your legal rights to reject products (as described in the box above) you must post them back to us. We will pay the reasonable costs of postage. Email us at shoes@42plus.eu for a return label. When returning rejected Products to us, please enclose your original proof of purchase (i.e. the dispatch note enclosed with the Products), along with details of your name, your address, the order number or 42+ account number and an explanation as to why you consider the rejected Products breach your statutory legal rights. 13.4. What happens when you have return the Product to us because you think it breaches your statutory legal rights. When you have returned the Product to us, one of our garment technicians will examine the Product to determine if it breaches your statutory legal rights. If we determine that the returned Product breaches your statutory legal rights, we will act in accordance with your statutory legal rights. If we are required by law to refund to you the price you paid for the Products (including any delivery charges) then we will do so within 14 days, beginning on the day we determined that the Product breaches your statutory legal rights. We will issue the refund via the same payment method you used to pay for the Products (unless you tell us otherwise). If, upon examination of the returned Product, we determine that the Product does not breach your statutory legal rights, we will return the Product to you (i.e. without a refund, repair or replacement) at the address provided in the order process (unless you instruct us to the contrary) as soon as reasonably possible.
14. Our warranty for the Products
14.1. Our warranty. In addition to your statutory legal rights (see clause 13), we provide a warranty that on delivery (i.e. wherever you are in the world) and for a period of [12 months] from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2. When the warranty does not apply. The warranty in clause
14.1 does not apply to any defect in the Products arising from:
14.2.1. fair wear and tear;
14.2.2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
14.2.3. if you fail to store, maintain or use the Products in accordance with the user/manufacturer’s instructions;
14.2.4. any alteration or repair by you or by a third party who has not been authorised to repair the Product by us; or
14.2.5. any specification provided by you.
14.3. Returning Products to us when you think they breach our warranty. If you wish to return Products to us because you think they breach the warranty at clause 14.1, please send them to us at . Please enclose the original proof of purchase (i.e. the dispatch note enclosed with the Products), along with details of your name, your address, the order number or 42+ account number and details as to why you consider the Product breaches our warranty.
14.4. What will happen when you have returned Products to us because you think they breach our warranty. When you have returned the Products to us, one of our garment technicians will examine the Products and (if we consider that the Product is materially defective) we will offer you a choice between a refund of the Product price (including your reasonable out-of-pocket costs for returning the Products to us and the delivery cost you paid to us when you submitted your order) or an exchange of the Product for a replacement:
14.4.1. if you choose a refund of the Product price, we will issue a refund within 30 days of the day on which agree that the Product breaches the warranty in clause 14.1; or 14.4.2. if you choose to exchange the defective Product for a replacement Product, we will send the replacement Product to you at the address provided in the order process (unless you instruct us to the contrary) as soon as reasonably possible and we will pay the cost of delivery, unless you have asked us to send the replacement Product to you via our express delivery service. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the return as though you elected for a refund under clause 14.4.1.
14.5. If, upon examination of the returned Product, we determine that the Product does not breach the warranty at clause 14.1, we will invite you to collect the Product from us or we can return the Product to you (i.e. without a refund or replacement) at the address given in the order process (unless you instruct us to the contrary) as soon as you have paid our reasonable out-of-pocket costs for returning it to you. Whenever you return Products to us, we recommend that you get a free Certificate of Posting from the Post Office when you send items back to us. However, proof of sending is not proof of receipt by us.
15. Our rights to end the contract
15.1. We may end a Contract at any time by writing to you if:
15.1.1. you do not make full payment to us when any payment is due and you still do not make full payment within 14 days of us reminding you that payment is due;
15.1.2. 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 the subject of the Contract, for example, instructions about delivering the Products to the delivery address you specified in the order;
15.1.3. you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
15.2. You must compensate us if you break the Contract. If we end the Contract in the situations set out in clause 15.1 we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
15.3. We may withdraw a Product. We may write to you to let you know that we are going to stop providing a Product. We will let you know at least 1 week in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
16. Our responsibility for loss or damage suffered by you (YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE)
16.1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a natural, foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not so foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2. 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.
16.3. We do not in any way exclude or limit our liability for:
16.3.1. death or personal injury caused by our negligence or that of our officers, employees, agents or subcontractors;
16.3.2. fraud or fraudulent misrepresentation;
16.3.3. any liability that cannot be excluded or restricted under section 31 of the Consumer Rights Act 2015;
16.3.4. defective products under the Consumer Protection Act 1987;
16.3.5. any other liability for which it would be unlawful for us to attempt to limit or exclude liability.
17. How we may use your personal information
17.1. We will use the personal information you provide to us to:
17.1.1. provide the Products to you;
17.1.2. process your payment for the Products; and
17.1.3. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
17.2. You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
17.3. We will not give your personal data to any other third party.
18. Notices
18.1. Unless stated elsewhere in these Terms, all notices given by you to us must be given in writing in the English language. You can send notices to us by email at shoes@42plus.eu. We will confirm receipt of your notice by contacting you in writing, normally by email to the email address you gave us when you submitted your order. If you are a consumer and exercising your right to cancel under clause 11.3, please see clause 0 for how to tell us this.
19. Our right not to accept orders and applicable refund
19.1. We may decide not to accept an order from you for Products. If we do so, and you have made any payment in advance for the Products, we will refund you the full amount you have paid as soon as possible.
20. Transfer of rights and obligations
20.1. We may transfer our rights under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
21. Changes to these Terms
21.1. We may update or amend these Terms from time to time. Please review these Terms regularly to ensure you are aware of any changes we have made. Your continued use of the Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
21.2. Once your order has been confirmed and a Contract formed, we will not make any changes to the Terms that apply to your order. However if you are a returning customer please check the Site regularly to ensure you are aware of any changes we have made to our Terms since the last time you visited the Site.
22. Events Outside Our Control
22.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
22.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or any failure or default of our suppliers.
22.3. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
22.3.1. We will contact you as soon as reasonably possible to notify you; and
22.3.2. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
23. Entire agreement
23.1. These Terms constitute the entire agreement between us and they supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
23.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on anything set out in these Terms.
23.3. Notwithstanding any other term of these Terms, nothing in these Terms shall exclude or limit our liability for something that we cannot exclude or limit in law.
24. Invalidity
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.
25. Third party rights
This contract is between you and us. No other person shall have any rights to enforce any of its terms
26. Law, jurisdiction and language
26.1.These Terms, their interpretation and any contractual or non-contractual obligations arising out of or in connection with it are governed by and shall be construed in accordance with the laws of Bulgaria, without regard to any conflict of law rules.
26.2. Any dispute arising directly or indirectly out of these Terms shall be resolved exclusively by the competent courts in having jurisdiction over the area where 42Plus EOOD has its registered office.
26.3. These Terms, and any Contract between us, are drafted in the English language. If they are translated into any other language, the English language text shall prevail.
27. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
28. Data Protection
42Plus EOOD (trading as 42+) will never pass on your details to third parties for marketing purposes unless you have specifically agreed for us to do so (for example, by entering a prize draw or competition, where it was set out in the terms of the promotion). By purchasing goods through 42plus.eu you agree both to our Terms and Conditions and to receiving email marketing communications from 42+. You can opt-out of email marketing communications from 42+ at any time. The following are the only circumstances in which we may need to share your data with others: – With agents, including credit reference agencies, our credit/debit card clearing agency, fraud prevention and detection agencies that we use to process the orders you place with us or who assist us in the service we provide to you. In these instances, we provide them with only the information they need to perform their function. – In the unlikely event that our business assets are ever sold to or purchased by another company. (Our data records are part of our business). If you have questions about your personal data or our privacy policy, please contact our Customer Service.
29. Opting out of receiving information from 42+
Hopefully you’ll be delighted with the communications you receive from us, but should you wish to opt out, here’s how: – To opt-out of email marketing communications, either click the ‘unsubscribe’ link at the bottom of any 42+ emails, or email us at shoes@42plus.eu clearly stating that you wish to unsubscribe from our emails.
30. Cookies
In our effort to provide you with services customised to your interests, we will use “cookies” to assist in the collection of information. Please see our Cookie Policy for more information on this, including how to disable cookies.
31.Data over the internet
We may use a third-party service provider to serve ads on our behalf across the internet. They may collect anonymous information about your visits to 42plus.eu, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag. A pixel tag is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process; no personally identifying information is known about the user. If you would like more information about this and to know your choices about not having this anonymous information used by our third party service provider please contact our Customer Service team.
32. Security
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
About these Terms & Conditions
These terms and conditions are current and applicable from 1st October 2017.
Cookie Policy
Information about our use of cookies
42plus.eu (“our site”) uses cookies to distinguish you from other users of our site. This helps us (i.e. 42Plus EOOD) to provide you with a good experience when you browse our site and also allows us to improve our site. By continuing to browse the site, you agree to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer, if you agree to this. Cookies contain information that is transferred to your computer’s hard drive.
Cookies are widely used in order to make websites work, and to work more efficiently, as well as to provide information to the owners of the website (and any third parties they work with) and to manage elements of their business. Without certain cookies, some areas and functionalities of a website will not work (e.g. user logins).
If you would like to find out more about cookies please visit www.allaboutcookies.org or www.aboutcookies.org, which explain how cookies work and how you can manage their use.
We use the following types of cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our site to enable you to move around our site and use its features. They include, for example, cookies that enable you to log into secure areas of our site. Without these cookies our site does not work properly.
Analytical/performance cookies. These cookies allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily. We only use these cookies to improve how our website works.
Functionality cookies. These are used to recognise you when you return to our site and enable us to remember the choices you make when using our site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our site, the pages you have visited and the links you have followed. This information is used by websites to make advertising displayed on it more relevant to your interests.
Blocking/Deleting Cookies
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. You can also delete cookies by selecting the appropriate option in your browser settings If you use different computers/mobile devices in different locations you will need to ensure that each browser is adjusted to suit your cookie preferences. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
For more information on Google Analytics cookies, please refer to https://developers.google.com/analytics/devguides/collection/gajs/cookie-usage.
To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. In particular:
Social Media Buttons: If you take the opportunity to share content from our site through our social buttons (e.g. Facebook, Twitter etc), you should be aware that these sites are likely to collect information about your online activities. We have no control over this. We suggest that you check the privacy policies (if any) of such third party websites for more information about their use of your information and/or how to opt out or delete such information.