TERMS OF SALE ("Sale Terms")
www.Tumi.com ("website") is operated by eBags International, a wholly owned subsidiary of eBags Inc. of
5500 Greenwood Plaza Boulevard, Suite 160, Greenwood Village, CO 80111.
The terms "Tumi ", "we", "us", "our" and "ours" when used in these Sale Terms mean eBags International Inc which includes
eBags' parent, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of eBags.
The terms "you" and "your" when used in these Sale Terms means any user of this website who wishes to purchase a product
from the website. If you are acting on behalf of a business, you confirm that you have authority from that business
authorizing you to use their credit card and purchase from our website.
The term "Consumer" is used to denote any user of this website who purchases a product not in the course of business.
1. GENERAL
1.1 We do not sell products to persons under the age of 18. If you are under the age of 18, you may only purchase products
on our website with authority given by either a parent or guardian.
1.2 As a user of this website you acknowledge that any use of this website is subject to our Website Terms of Use. In addition,
any personal details you provide to us will be subject to our Privacy Policy. Before using this website please read through
all these documents carefully.
2. YOUR ORDER
2.1 Every order that you place on this website will be subject to acceptance in accordance with these Sale Terms. The final
details of your order will be set out at the 'confirmed purchase' stage. Following this, we will send you an email confirming
receipt of your order detailing the products you have ordered with an order number. This email is not an order confirmation
or order acceptance from Tumi. However, please inform us immediately if there are any errors in your order. We reserve the
right to cancel any order and/or refuse access to the website.
2.2 We will then process your order which can take from 24 hours to 6 business days. Once we have processed your order,
we will send you another email confirming that your order has been shipped. (the "Shipping Notification"). Your order
is only accepted by us when we send you the Shipping Notification. This will be deemed to be completion of the contract
between you and Tumi. Any products on the same order which we have not confirmed in the Shipping Notification will not
form part of that contract. Completion of the contract will also not take place where we have notified you that we cannot
accept your order.
2.3 Once you have ordered an item, please print out any relevant details. We will send you a tracking number in the
Shipping Notification so you can track your purchase. For your own records you may wish to print out the Sale Terms
and the Shipping Notification.
3. PAYMENT
3.1. The price that you pay for the product will be the price that is displayed on the website at the 'confirmed purchase'
stage. Note that the price for an item may change from when you first placed it in the shopping basket. Placing an item
in your basket does not reserve the price shown at that time. We cannot confirm the price of a product until you have
placed the order and reached the 'confirmed purchase' stage.
3.2. Any discounts we offer are time limited and are dependent on product availability. Accordingly, the price of such
products may change from time to time.
3.3. We will take payment from your credit card at the 'confirmed purchase' stage. If we are unable to supply the product
that you have ordered, we will contact you by telephone and/or e-mail to offer you either a full refund or a substitute
product. If we do not receive a response from you within 24 hours of our first attempt to contact you, we will refund
the total amount we deducted from your credit card.
3.4. We will endeavor to ensure that all prices on our website are accurate. However, errors may occur. If an error is
found in the price of the product you have ordered, we will contact you as soon as possible. If a product's correct
price is lower than the price stated on our website, we will charge the lower amount to your credit card and send the
product to you. If a product's correct price is higher than our stated price, then we will give you the option of
either continuing with your purchase at the correct price or canceling the order affected by the error. We will deem
the order cancelled if we do not receive a response from you within 24 hours of our first attempt to contact you. In
such a case, we will refund the total amount we deducted from your credit card.
3.5. All prices displayed on the website include VAT (where applicable) at the applicable current rates but exclude
delivery charges
4. DELIVERY
4.1. All goods must be signed for by an adult aged 18 years or over on delivery.
4.2. Timescales for delivery will be specified in our email to you following the 'confirmed purchase' stage. We will use
all reasonable efforts to deliver the products ordered within the estimated timescales. Please note that the delivery
timescales are just estimates - they are not guaranteed delivery times and should not be relied upon as such.
4.3. If your product is not delivered within the specified timescale, please contact us giving your order number,
tracking number and name. This will assist us in tracing your order and give you an anticipated delivery date. Should
we fail to deliver any products within the estimated timescales, we shall be under no liability for any delay incurred
or the consequences of any such delay.
4.4. If you are a Consumer and have not received any item you ordered after 60 days from the date of the Shipping
Notification, you will have the option to cancel your order and request a full refund. If you wish to cancel your
order at the expiry of the said 60 days, please notify us by contacting us requesting a full refund. If the product
you ordered has not been delivered to you, we shall refund you the full amount taken from your credit card (including
any delivery charges).
4.5. Delivery charges are specified during the purchasing stages. The charges for delivery will depend upon where the
product is to be delivered to, within what timescale and what level of delivery is required.
4.6. When the products are delivered to you (or when the order is first attempted to be delivered to you), all risk of loss
and damage to the products passes to you.
5. REFUNDS AND REPLACEMENTS
5.1. Any statutory rights which you may have as a Consumer are not affected by these Sale Terms.
5.2. In particular, you have the following additional rights:-
5.2.1. You may cancel your order and receive a refund within sixty (60) days after you receive the goods. See our
returns policy for details.
5.2.2. You may be entitled to a repair, replacement or refund in respect to any faulty or damaged products.
6. LIMITATION OF LIABILITY
6.1. To the extent permitted by applicable law, in no event will we be liable for any damages arising from or relating to
any product purchased from the website or the use of or inability to use any such product including, but not limited to
any loss of use, lost profits, loss or damage to goodwill or business nor for any consequential, indirect, exemplary,
special, or incidental damages whether such damages were reasonably foreseeable or actually foreseen and even if we have
been advised of the possibility of such damages.
6.2. To the extent permitted by applicable law, our aggregate liability (whether in contract, tort or otherwise) for any loss
or damage shall, in any event, be limited to a sum equal to the amount paid (if any) or payable by you for the product (s)
in question.
6.3. We will take all precautions we deem reasonable in order to protect your details. However, we cannot be held liable for
any losses caused as a result of unauthorized access to information provided by you, unless we are negligent in protecting
your details.
6.4. Nothing in these Sale Terms limits liability for fraudulent misrepresentation or our liability to you in the event of
death or personal injury resulting from our negligence.
6.5. These Sale Terms give you specific legal rights and you may also have other rights which vary from country to country.
Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of
liability, so the limitations & exclusions set out in these Sale Terms may not apply to you. Other jurisdictions allow
limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these
Sale Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
7. SEVERABILITY
In the event that any provision of these Sale Terms are declared by any judicial or other competent authority to be void,
voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant
competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties
without illegality or, at our discretion, such provision may be severed from these Sale Terms and the remaining provisions
of these Sale Terms shall remain in full force and effect.
8. ENTIRE AGREEMENT
You have read and understand these Sale Terms and agree that it constitutes the complete and exclusive statement of the
agreement between us with respect to the subject matter hereof and supersedes all proposals, representations, understandings
and prior agreements, whether oral or written, and all other communications between us relating thereto.
9. ASSIGNMENT
These Sale Terms are personal to you and you may not assign, transfer, sub-contract or otherwise part with these Sale Terms
or any right or obligation under it except as permitted by these Sale Terms. We reserve the right to transfer, assign,
novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these Sale Terms or any
related contract to any third party.
10. WAIVER
Failure or neglect by either party to exercise any of its rights or remedies under these Sale Terms will not be construed
as a waiver of that party's rights nor in any way affect the validity of the whole or part of these Terms nor prejudice
that party's right to take subsequent action.
11. FORCE MAJEURE
We shall not have any liability to you or be deemed to be in breach of these Sale Terms from any circumstances which are
beyond our reasonable control (including a delay in delivery caused by force majeure).
12. THIRD PARTIES
To the extent permitted by applicable law, these Sale Terms do not create or confer any rights or benefits enforceable by any
person that is not a party to this Agreement.
13. AMENDMENTS
We reserve the right to make changes to these Sale Terms at any time. You will be subject to the Sale Terms in force at the
time you place your order with us, unless any change to these Sale Terms is required to be made by law (in which case it
will apply to any orders previously placed by you).
14. LAW AND DISPUTES
These Sale Terms and all matters arising from it are governed by and construed in accordance with the laws of the State of
Colorado in the United States of America without regard to conflict of law provisions thereof and whose courts shall have
exclusive jurisdiction over all disputes arising in connection with these Sale Terms. You hereby consent and waive all
objection to the exclusive jurisdiction of the federal and state courts in the State of Colorado and venue therein to
resolve any controversy or claim of whatever nature arising out of or relating to use of this website and/or these Sale Terms.
If you have any questions about these Sale Terms or any other matter, please contact our Customer Services
VAT Number: GB 897 1729 65