Terms of Sale

These General Terms and Conditions of Sale (these “Terms of Sale”) govern the sale of bags, accessories and apparel (the “Products”) by Telfar Holding Inc., a company registered under the laws of New York (“Telfar” or “we”) on the website telfar.net (the “Site”).  The Products shall only be purchased for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old (“Customers” or “you”).  

By placing an order for Products on the Site, you expressly accept the Website Policies (as defined below), and Telfar’s acceptance of your order, and agreement to deliver the Products, is expressly conditioned on your acceptance of the Website Policies.  

1. Orders

All orders are subject to written acceptance by Telfar.  Receipt and acceptance of an order, or rejection thereof, by Telfar shall be confirmed by email sent to the email address indicated by the Customer when submitting the order.  If the order is accepted, the email order confirmation will include a summary of the purchase (i.e., price of the Product(s), shipping costs, sales tax and address to which the Product(s) will be shipped) and an order number, which must be used in all future communications with Telfar regarding such order.  Once payment for the Product(s) has cleared and the order has shipped, you will receive a shipping confirmation e-mail.  This information may also be accessed through the “Orders” section of your account.

Orders shall be filled in the order in which they are received by Telfar, subject to availability, and Telfar reserves the right to make partial shipments of an order. 

Telfar reserves the right, at any time for any reason, to cancel, refuse to process or refuse to accept an order, in whole or in part, even after an order confirmation has been sent to a Customer.  Telfar shall not be liable to the Customer or any other third party for refusing to process or accept an order after the Customer has received an order confirmation.  In the event that Telfar, for any reason, cannot fulfill, cancels or refuses to 

process an order that has already been accepted in writing by Telfar, Telfar shall notify the Customer in writing by email and refund the Customer any payment or portion thereof that Telfar received for the applicable order or portion thereof.  If only certain Products ordered by the Customer are unavailable, any Products forming part of the same order which are still available will be shipped and charged to the Customer.    

2. Products

The only Products offered for sale by Telfar are those shown on the Site.  Telfar reserves the right to modify or discontinue any Product offered for sale on the Site without notice to the Customers at any time.  

Customers acknowledge and agree that all images shown on the product pages or other pages of the Site are shown for information purposes only and may not be wholly representative of the Products and their features.  Products may have variations from the images shown on the Site, including without limitation as a result of the different devices used to view the Site or browser settings.

3. Prices and Payment Methods 

All prices indicated on the Site shall be in U.S. Dollars, and shall be exclusive of applicable sales taxes and shipping charges.  All applicable sales taxes and shipping charges shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order.  The amount of sales taxes and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment.  Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice you will receive with the shipping confirmation e-mail. 

We reserve the right to change the prices of any Products at any time without notice to you. Further, in the event that any items on the Site are mispriced, Telfar shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an order confirmation or paid for the order. If the order is cancelled by Telfar after payment has already been made, Telfar will promptly refund the amount of the incorrect price to the Customer.

The price of the Products, shipping and delivery costs and applicable sales taxes will be charged to your account when Telfar is ready to ship the Products.  Products will not be shipped unless and until full payment has been received and cleared by Telfar.  Payment for the Products may be made by credit card or debit card, or by other payment providers such as Klarna. All payments made through the Site are secure; for more information on Telfar’s secure collection of your payment information, please visit our Privacy Policy.

At checkout, the Customer may apply any coupons or other promotional codes offered by Telfar.  The system will automatically adjust the total order amount, deducting any discounts or allowances.  Any coupons or promotional codes may only be used in accordance with the terms provided upon issuance of the coupon or promotional code. Only one promotional code can be used per order and promotional codes cannot be transferred to others or redeemed for cash or credit.

4. Shipping 

Telfar ships domestic and internationally, and information on the shipping locations offered can be found on the Countries We Ship To page.

Products shall be shipped to the address indicated by the Customer upon placing the order, as soon as reasonably practicable after Telfar’s receipt of payment in full for the order.  

Generally, Telfar ships within 72 to 96 business hours of receipt of payment in full; provided, however, that the shipment and delivery dates set forth in any order, order confirmation or in these Terms of Sale are estimates only and such estimates shall not be deemed a representation by Telfar.  Telfar shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment. Upon delivery of the Products to the applicable carrier, the risk of loss or damage shifts to the Customer.  Delivery is deemed complete and title to the Products passes to the Customer upon acceptance of the shipment by a common carrier.

5. Return Policy 

Please review our Return Policy prior to completing your purchase. 

6. Limitation of Liability

THE PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND TELFAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TELFAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL TELFAR BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT TELFAR IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, TELFAR’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT. 

7. Force Majeure

Telfar shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with Telfar related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.

8. Customer Service 

Telfar’s customer service department is available for all inquiries regarding orders, deliveries, purchases, complaints, requests for information and, more generally, these Terms of Sale by writing to shop@telfar.net.

9. Website Policies

For any other legal information concerning your access to, use of, or the way the Site may use and collect your personal information, please read the Site’s Return Policy, General Terms and Conditions of Use and Privacy Policy (together with these Terms of Sale, collectively, the “Website Policies”). 

Telfar reserves the right to amend any portion of the Website Policies at any time and without prior notice to you; as such, please make sure you review the current Website Policies prior to making a purchase on the Site.  Any amendments or updates to any Website Policies shall be effective upon publication in their respective sections of the Site.

10. Miscellaneous 

These Terms of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules.  Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder. 

These Terms of Sale, together with the other Website Policies, shall constitute the entire agreement between you and Telfar. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Website Policies.  The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.

 

Effective Date: November 9, 2023