GENERAL TERMS AND CONDITIONS OF USE

The purpose of these general terms and conditions of use (hereinafter the "Terms of Use") is to define the conditions of access and use of the websites colehaan.be (be.colehaan.eu), colehaan.cz (cz.colehaan.eu), colehaan.dk (dk.colehaan.eu), colehaan.ee (ee.colehaan.eu), colehaan.fi (fi.colehaan.eu), colehaan.hr (hr.colehaan.eu), colehaan.hu (hu.colehaan.eu), colehaan.ie (ie.colehaan.eu), colehaan.it (it.colehaan.eu), colehaan.lu (lu.colehaan.eu), colehaan.lv (lv.colehaan.eu), colehaan.nl (nl.colehaan.eu), colehaan.si (si.colehaan.eu), colehaan.sk (sk.colehaan.eu) (hereinafter the "Website") as well as the rights and obligations when using it by any user (hereinafter the "User").

Article 1: Application and enforceability of the Terms of Use

1.1. The Website is published by COLE HAAN INTERNATIONAL B.V., Herengracht 576, 1017 CJ Amsterdam, The Netherlands, registered in the Dutch Business Register under number 56982437 (hereinafter "the Company" or "Cole Haan").

1.2. Use of the Website implies full and unreserved acceptance of these Terms of Use, which the User declares to have read and understood in their entirety. Users who disagree with any part of the Terms of Use must not continue to use the Website.

1.3. These Terms of Use are available and accessible online. They are effective as of the date they are posted and are enforceable until replaced by new Terms of Use. These Terms of Use supersede any previous version.

1.4. Users expressly accept that the Company reserves the right to modify these Terms of Use at any time, without giving any right to compensation. Users are encouraged to review the Terms of Use on a regular basis to ensure that they are using the Website in accordance with the latest Terms of Use in force.

Latest update of these Terms of Use: January 2024.

Article 2: Access to the Website

2.1. The Website is intended for use by Users who access the Website from the Netherlands, the Republic of Ireland, Denmark, Finland, Sweden, Croatia, Czechia, Estonia, Hungary, Latvia, Lithuania, Slovakia or Slovenia or whose usual residence is in one of these countries.

2.2. The Website is accessible free of charge to any user who has access to the Internet. All costs associated with access to and use of the Website and its contents, including hardware, software, and Internet access costs, are the sole responsibility of the User. The Company does not guarantee the availability of the Website, nor the availability of any part of its content. The Company reserves the right to modify the Website at any time. The Company endeavours to update the Website regularly, but the Company does not warrant that the content of the Website is accurate, complete, or current.

2.3. The Website is intended for personal use only. Users undertake not to access the Website for commercial or professional purposes. The Company shall not be liable for any loss in connection with any use of the Website by a User for business or professional purposes, including, but not limited to, loss of profits; loss of business; loss of goodwill and/or other similar losses; loss of anticipated savings; loss of property; loss of contracts; loss of use; or any special, indirect, consequential, or purely economic damage, loss, expense, or cost.

Article 3: Login details

Users are solely responsible for the use and security of the password they choose and the email address or other login details they register when using the Website (the "Login Details") and shall be liable for any financial or other consequences arising therefrom. Users must keep their Login Details confidential. Users undertake not to disclose their Login Details to any third party. Users must immediately notify the Company of any unauthorised disclosure, use, or access to their Login Details at support.europe@colehaan.eu.. If the Company has reasonable grounds to believe that the security of a User's Login Details is at risk, or that a User has failed to comply with any of the provisions of these Terms of Use, the Company reserves the right to suspend that User's access to the Website.

Article 4: Links

4.1 The Website may contain hyperlinks to third-party websites ("External Sites") for information purposes only. Cole Haan has no control over the content of the External Sites. External Sites are operated by third-party companies unconnected with Cole Haan. The presence of a hyperlink to an External Site on the Website shall not be construed as an endorsement by Cole Haan of the External Site or its content. Cole Haan therefore assumes no liability for the content, advertising, products, services, or other information or data available on or from any External Site. Consequently, Users acknowledge that they are solely responsible for accessing and using an External Site. Cole Haan shall not be liable for any actual or alleged damage or loss arising out of or in connection with the use of or reliance on any content, goods, or services available on an External Site.

4.2 The Company authorises the creation of hyperlinks to the home page of the Website provided that such links are made in a manner that does not harm the interests, goodwill, reputation, or brand image of Cole Haan and in full compliance with any applicable legal and regulatory requirements ("Authorisation"). Cole Haan reserves the right to withdraw the Authorisation at its sole discretion, at any time and without notice. When creating a link to the home page, it is strictly forbidden: (a) to create a hyperlink that would give the impression that there is any form of endorsement, association, partnership, or support on the part of Cole Haan of the User or any third-arty individual or entity; (b) for any person (the "Linker") to create a hyperlink to the Website on an External Site of which the Linker is not the owner; (c) to create a link to the Website on an External Site whose existence or content may be detrimental to the interests, reputation, goodwill, or brand image of Cole Haan; (d) to create deep links to all or part of the Website using any framing or in-line linking technique; and/or (e) to link to any part of the Website other than the home page. To request the creation of a hyperlink outside the Authorisation given by the present paragraph, please contact support.europe@colehaan.eu.

Article 5: Security

5.1 Users undertake not to disrupt the proper functioning of the Website and not to perform any operation that could lead to fraudulent access. In particular, they must ensure that they do not introduce viruses or any other harmful technology to or through the Website.

5.2 The Company shall use its best efforts, in accordance with good practice, to secure the Website. It cannot ensure absolute security. Users declare that they accept and acknowledge the characteristics, limits, and hazards of the Internet. Users are asked to report to the Company any difficulty they may encounter concerning the use of the Website, without delay. Users undertake to install operational and up-to-date anti-virus software before browsing the Website.

5.3 Users accept to take all appropriate measures to protect their own data and/or software from contamination by viruses or other anomalies of any kind on the Internet, and the Company shall not be liable for any damages caused by a failure by a User to meet this security obligation.

Article 6: Appropriate online behaviour

sers acknowledge and expressly accept not to use the Website for illegal purposes. Users accept to use the Website in accordance with applicable regulations, and generally not to damage the interests, reputation, or brand image of Cole Haan. Users must not, among other things: broadcast, transmit, send, or display any content, in any form whatsoever, relating to xenophobia, racism, inciting racial hatred, paedophilia or pornography, calling for murder, or that is defamatory or insulting; disseminate, transmit, send, or display any content, in any form whatsoever, that infringes the rights of third parties such as copyright, trademark, patent and design rights, or any other intellectual property right, or the right to privacy; impersonate another person or entity, falsify or delete legal or other notices; restrict or inhibit any other person's use of the Website, including by means of a denial of service attack; use any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Website or to collect user information for any unauthorised purpose; create user accounts by automated means or under false or fraudulent pretences; gain unauthorised access to the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website; and/or transmit viruses, worms, defects, Trojan horses, or other things of a destructive nature. Any violation of this clause may be give rise to civil and/or criminal prosecution.

Article 7: Intellectual property

7.1. The Website, trademarks, logos, and any other distinctive sign of the Company are the exclusive property of the Company and/or its partners and/or third parties and may be protected by copyright, trademark law, patent law, or any other intellectual property law (hereinafter referred to as "Company Property"). It is therefore forbidden to copy, modify, reproduce, distribute, publish, integrate on any medium whatsoever, adapt, transfer or assign, license, sub-license, give as security, or transmit the said Company Property in any other way, without the express authorisation of the Company or the holder of the rights. The Company only grants Users a non-exclusive, personal, non-transferable right of access to the Website in accordance with these Terms of Use.

7.2. Any use of automated systems or software to extract data from the Website (data mining, web scraping, text or data mining) is prohibited. The Company expressly reserves its rights in this regard, in particular by applying Article 4.3 of Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the digital single market.

7.3 Users expressly acknowledge and accept that the Company is entitled to use, in any form and for any purpose, any feedback, ideas, opinions, comments, suggestions, data, or any other form of information expressed by Users to the Company without being entitled to claim compensation of any kind.

Article 8: Personal data

The processing of personal data by Cole Haan in connection with the provision of the Website is governed by the Company’s Privacy Policy.

Article 9: Cookies

The notion of cookies and trackers, taken in the broadest sense, covers all non-executable text files, trackers, web beacons, and other technologies for collecting information relating to the User's browsing and the User's interactions on the Website, saved by the browser of their device (computer, tablet, mobile phone) while browsing the Website (hereinafter "Cookies").

The Company uses cookies in accordance with our Privacy Policy.

Article 10: Online sales on the Website

All online sales on the Website are governed by our General Terms and Conditions of Sale.

Article 11: Assignment

The Company may freely assign its rights and obligations under these Terms of Use.

Article 12: Miscellaneous

The failure by the Company to enforce these Terms of Use at any time shall not be construed as a waiver of any of its provisions at a later time.

If one or more of the clauses herein were to be held invalid or declared as such in application of a law or regulation or following a final decision of a competent court, the other clauses shall retain their full force and scope.

These Terms of Use are written in English and Dutch. Any translated versions are provided for your convenience only. To the extent that a translated version of our Terms of Use conflicts with the English or Dutch version, the English or Dutch version shall prevail. For customers living in the Netherlands the Dutch Version of the Terms of Use shall apply. For customers living in France the French Version of the Terms of Use on the French Website shall apply.

Article 13: Applicable law and complaints

These Terms of Use are governed by Dutch law, subject to the mandatory rules of the consumer's country of residence. As the Website is provided to Users by the Company, Users are invited to report any complaints to the Company at support.europe@colehaan.eu.