The following terms and conditions, along with any documents expressly incorporated by reference (collectively “Terms”) are entered into by and between you and Fjällräven Retail USA LLC (“Fjällräven,” “we,” “us,” “our”) and govern your access to and use of the Fjällräven family of websites, mobile sites, services, applications, tools, and platforms (collectively, “Site(s)”) where these Terms are posted or linked, including https://www.Fjällräven.com/ and https://www.hanwag.com/. These terms apply to your use of the Sites, including any content, functionality, and services offered on or through our Sites, whether you are a guest or a registered user, and to all orders you place through our Sites. Your access to and use of the Sites, together with all content, functionality, products, and services offered on or through the Sites, are referred to collectively in these Terms as the “Services.”
NOTICE OF MANDATORY ARBITRATION PROVISION
These Terms and Conditions contain provisions that govern and limit Fjällräven’s liability and how claims you and Fjällräven have against each other are resolved (see Section 12, “Dispute resolution and arbitration: MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER”; Section 14.5, “Final Provisions”; and Section 9, “Limitation of Liability”).
It also contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the agreement to arbitrate in accordance with Section 12. Unless you opt-out: (A) you will only be permitted to pursue claims against Fjällräven on an individual basis, not as part of any class or representative action or proceeding, and (B) you will be permitted only to seek relief (including without limitation monetary, injunctive, and declaratory relief) on an individual basis.
BY USING OUR SERVICES, YOU AGREE TO ACCEPT AND BE BOUND BY THESE TERMS. YOU MAY NOT USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS
1 General
(a) Our Services are intended for users who are eighteen (18) years of age or the age of majority in your jurisdiction.
(b) We reserve the right to amend these Terms from time to time without prior notice to you. You should review these Terms each time you use one of our Services. In the event we make material changes to these Terms, we will let you know by posting a prominent notice on the Site(s) or by sending you an email, or other similar method of contacting you. Material changes to these Terms will not take effect until thirty (30) days after we post notice of the change on the Site or notify you by email. Any amendment to the arbitration and dispute resolution provisions of Section 12 is governed exclusively by Section 12.9. If you do not agree to any material amendment, you must stop using the Services before the amendment’s effective date; your continued use after that date constitutes acceptance of the amended Terms. For clarity, immaterial changes to the Terms are effective immediately when we post them.
(c) The Services are for U.S. residents, and the governing language of these Terms is English. Access to our Services may not be legal by certain persons or in certain countries. If you access the Services, you do so on your own initiative and are responsible for compliance with local laws.
(d) All information that you provide, or that we collect, in connection with your use of the Services (including your purchase of products or services through our Sites) is governed by our Privacy Policy, available at https://www.fjallraven.com/us/en-us/legal/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
(e) You may create an account to facilitate your use of our Services. Your account is personal to you, and if you choose, or are provided with, a username, password, or other credentials to create an account, you must treat such information as confidential and must not disclose it to others. You are responsible for all activity that occurs through your account. You agree to notify us immediately of any breach of security or unauthorized access to or use of your account.
2 Site Content
(a) Our Sites and all content featured on the Sites, including illustrations, photos, clothing and other product designs, icons, navigational buttons, images, artwork, graphics, so called “look and feel” of the content, photography, text, audio and video clips or other information, materials, software code, and the like, (collectively, “Content”) is owned by Fjällräven, its affiliates, or its or their licensors and is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved. We may update or remove the Content or portions of the Sites from time to time.
(b) Our Sites and the Content are intended solely for your personal, noncommercial use. Any use other than as permitted by these Terms is prohibited. You shall not: (a) reproduce, publish, transmit, distribute, display, modify, reverse engineer, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of Content, Site, or related software; (b) use any data mining, robots or similar data gathering or extraction methods; (c) manipulate, duplicate or otherwise display the Sites or Content by using framing or similar navigational technology; (d) change or delete any proprietary notices from materials downloaded from the Sites or Content; or (e) upload onto the Sites or otherwise transmit to or through the Sites, any materials, content or images that may cause any harm to any person or that are illegal or otherwise unlawful, including any Trojans, viruses, malware, or other harmful code.
(c) You may download or electronically copy and print, or forward via email, Content displayed on our Sites for your personal, noncommercial use, but doing so does not transfer any right, title or interest in those materials to you. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the Content contained on the Sites.
(d) The Sites may include content or links to other sites provided by third parties, including advertisements and sponsored links or materials provided by other users. All third-party sites, statements or opinions, and other content, other than the Content provided by Fjällräven, is provided solely for your convenience. We are not responsible or liable to you or any third party, for the content or accuracy of materials, sites, or other resources provided by any third parties, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third‑party content or sites through the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party sites and materials.
(e) The Sites may contain email services, product reviews, or other message or communication facilities designed to enable you to communicate with others (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are appropriate.
(f) We reserve the right to terminate your access to the Services and the Communication Services at any time, without notice, for any reason.
(g) Fjällräven has the right, but not the obligation, to monitor the Services or Communication Services. We have the right to review, edit, or remove content, materials, or links provided by you or third parties through the Services. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
(h) Fjällräven and its affiliates are the sole owners of the Fjällräven family of trade names, trademarks, logos, service marks, and other marks of indicia, including FJÄLLRÄVEN and HANWAG. All trademarks and service marks used on the Sites not owned by Fjällräven are the property of their respective owners. Nothing on the Sites or in these Terms should be construed as granting any right or license to use any trade names, trademarks or service marks without express prior written consent of the owner.
(i) All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of the Services (collectively, “Comments”) shall be the exclusive property of Fjällräven. Your disclosure, submission or offer of any Comments constitutes, and you hereby assign and grant, an absolute assignment to Fjällräven of all worldwide rights, titles and interests in and to the Comments and all copyrights and other intellectual property rights therein. To the extent any assignment in this Section is deemed unenforceable, you hereby grant to Fjällräven an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Comments in any media now known or hereafter developed, for any purpose. You hereby waive all moral rights in any Comments in favor of Fjällräven. Fjällräven shall not be limited in any way in its use, commercial or otherwise, of any Comments, and may use, or decline to use, any Comments without further obligation or payment to you. We may, but are not obligated to, at our option and in our sole discretion, use, post, distribute, critique, quote from, respond to, characterize, or refer to your Comments or any portion thereof in whole or in part. You are and shall remain solely responsible for the content of any Comments you offer or submit.
3 Ordering and Delivery
(a) Only persons over eighteen years of age may place an order. You represent and warrant that you are buying products or services from the Services for personal or household use only, and not for commercial, self-employed activity, resale or export.
(b) It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) with regard to the receipt, possession, use, and sale of any item purchased from the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.
(c) Each order you submit constitutes an offer to purchase merchandise from us. Orders are subject to our acceptance in our sole discretion. Shortly after your order has been confirmed on the Services, you will receive an order confirmation email with the details of your order. This email confirmation indicates that your order has been received but does not constitute acceptance of your order. We will indicate our acceptance by dispatching the ordered product to you. In many cases, you can check the status of your order at any time by signing into your account or checking the applicable Order Status page.
(d) If for any reason we are unable to fulfill your order, we will let you know at our earliest opportunity. We will refund processed payments for orders we are unable to fulfill using the payment method that you chose.
(e) Orders submitted on weekends and public holidays will be processed no earlier than the following business day. We strive to keep processing and delivery time as short as possible, and we aim to deliver your order within the estimated timeframes provided on our Services, but delays can occur. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Title and risk of loss pass to you upon our transfer of the products to the carrier.
(f) We reserve the right, with or without prior notice, to: (a) limit the available quantity of or discontinue any goods or services; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all transaction(s); and (d) refuse to provide any user with any product or service.
(d) Please read the information on our Shipping, Delivery, and FAQ webpages applicable to the items in your order for more details and shipping methods.
4 Prices; Taxes
(a) All prices, discounts, and promotions are subject to change without notice. The price for a product or service will be the price in effect at the time the order is placed, as set out in your order confirmation email. Prices in stores, in catalogues, and online may deviate from each other.
(b) We make every effort to ensure that price, availability, and item information is correct, but inadvertent errors may occur. We reserve the right to correct errors at any time and to cancel orders resulting from errors.
(c) Posted prices do not include taxes or charges for shipping and handling, and such charges will be added to your merchandise total and itemized in your order confirmation. You are responsible for any taxes that may be applicable to your transactions.
5 Payment
(a) If you wish to purchase any goods or services through the Services, you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION THROUGH THE SERVICES. You further represent and warrant that (a) the credit card or other payment information that you provide is accurate and complete, (b) charges incurred by you will be honored by your credit card company or other payment institution, and (c) you will pay charges incurred by you at the posted prices, including shipping and handling, and applicable taxes.
(b) You acknowledge and agree that we may use third-party payment processors, or other third-party service providers, in order to process your payment information and fulfill your order. By submitting such information, you grant to Fjällräven the right to provide such information to third parties for purposes of facilitating the completion of any order or other transaction initiated by you or on your behalf.
(c) Payment is subject to validation and authorization by both the card issuer/credit company or payment processor and Fjällräven to maintain security and to prevent fraud. Payment information is sent through encrypted servers.
6 Product Presentation and Information; Cancellation and Returns
(a) We strive to be very thorough in our product descriptions, images, and colors, but errors may occur. We cannot guarantee that product colors are reproduced completely accurately, and how you see the colors depends on your device, internet browsers, and the settings you use. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience only. The inclusion of any products or services on the Services does not guarantee that these products or services will be available.
(b) If you believe that a product description or image is not accurate, you are entitled to return it according to our return policy. If you change your mind or are not completely satisfied with any item(s) you purchase, you may cancel your order by giving us written notice if it has not yet been processed, or if your order has been processed, you may return your unused items in the condition in which you received them within the period of time specified on the Returns webpage associated with the items that you purchased. We do not accept returns for any used items.
(c) Except for any products designated on the Services as final sale or non-returnable, we will accept returns for a refund of your purchase price, less the original shipping and handling costs (unless otherwise expressly stated), provided that products are returned in their original condition with valid proof of purchase according to the policies stated on our Returns webpages.
(d) Please review the Returns and FAQ webpages associated with the items that you purchased for our return policies and more information. For defective product returns, please refer to our Defects and Warranty policies, in Section 7, below, and the policies included with the product or detailed in the product’s description on our Sites.
7 Defects; Warranty
(a) We provide a limited warranty against manufacturing defects to the original purchaser with valid proof of purchase. Our warranties are only valid on products purchased from our Services. For goods purchased in the store, through resellers, or on other websites, all warranty issues should be directed to and handled by the respective place of purchase specified on your receipt.
(b) Our warranties do not cover issues due to misuse, accidental damage, wear and tear, stains, dirt, discoloration, fading, modifications or unauthorized repairs, failure to follow product instructions, or combination or use with any products or materials not provided or authorized in writing by us. We are not responsible for damage during transit. In the event that visible damage occurs in transit, please report it directly to the carrier that delivered the parcel to you.
(c) We may offer different warranty policies for different products. Please refer to the documentation we provide with the product, and the Warranty, Returns, and FAQ webpages associated with the product for more information and details.
(d) In the case of an authorized warranty claim consistent with our policies, we may, in our discretion, issue a repair, replacement, or refund, and we will reimburse the return shipping costs. We do not perform non-warranty related repairs or alterations.
(e) WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO ONE (1) YEAR FROM THE DATE OF PURCHASE STATED ON YOUR RECEIPT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NEITHER PERFORMANCE, OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(f) THE PRODUCT REMEDIES DESCRIBED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF OUR LIMITED WARRANTIES.
8 Indemnification
(a) You agree to defend, indemnify and hold Fjällräven, its affiliates, and its and their officers, directors, employees, agents, representatives, service providers, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys’ fees, arising from or related to your use of the Services, your breach or alleged breach of these Terms, your unauthorized use of the Content, or your violation of any applicable laws or the rights of any other person or entity.
9 Limitation of Liability
(a) Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our gross negligence or willful misconduct.
(b) IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FJÄLLRÄVEN AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FJÄLLRÄVEN, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, UNDER ANY LEGAL THEORY.
(c) YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. FJÄLLRÄVEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
(d) You understand that we cannot and do not guarantee or warrant that files or Content available for download from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our Services for reconstruction of any lost data.
(e) The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
10 Termination
(a) These Terms are effective unless and until terminated by either party. Fjällräven may terminate this agreement at any time, without notice, for any reason. Upon termination of these Terms by either you or Fjällräven, Fjällräven may deny you access to the Services, and you must promptly destroy all materials downloaded from the Services, as well as copies of such materials.
(b) Section 1 (General), Section 2 (Site Content), Section 7 (Defects; Warranty), Section 8 (Indemnification), Section 9 (Limitation of Liability), Section 10 (Termination), Section 11 (Compliance with Law; Right to Provide Data), eSection 12 (Dispute Resolution and Arbitration), Section 13 (Electronic Communications), and Section 14 (General Provisions) shall survive any termination or expiration of these Terms. In addition, any other provision of these Terms that by its nature or express terms is intended to survive shall also survive termination or expiration.
11 Compliance with Law; Right to Provide Data
(a) You represent, warrant and covenant that in accessing and using the Services you shall comply with all applicable laws, rules, regulations and by-laws of the United States or the country in which you reside, including, without limitation, those relating to the internet, data, email, privacy and the transmission or exporting of data from or to the United States or the country in which you reside.
(b) You represent and warrant that you have the right to provide and use all information, content, and data that you provide to the Services. You are responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of personal information and other information, content, and data under you control or in your possession.
12 Dispute Resolution and arbitration. MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER.
(a) Informal Dispute Resolution. Before initiating arbitration, you and Fjällräven agree to first attempt to resolve any dispute informally. A party who has a dispute must send to the other party a written notice (a “Notice of Dispute”) that (a) includes the party’s name, address, and contact information; (b) describes the nature and basis of the dispute; and (c) sets forth the specific relief sought. Any Notice of Dispute you send to Fjällräven must be sent to 1795 Dogwood St. Suite 400, Louisville, CO 80027 (with a copy to help@fjallraven.us (attn: Legal)). Fjällräven will send any Notice of Dispute to you at the contact information associated with your account. The parties agree to use their best efforts to resolve any dispute through good-faith negotiation within sixty (60) days after the Notice of Dispute is received (“Negotiation Period”). If the dispute is not resolved within the Negotiation Period, either party may then initiate arbitration in accordance with the rest of this Section 12. No arbitration may be commenced until the Negotiation Period has expired. Compliance with this Section 12.1 is a condition precedent to initiating arbitration. If you file an arbitration in violation of this Section, you agree that the arbitration may be administratively dismissed without prejudice. The statute of limitations and any filing fee deadline shall be tolled while the parties engage in the informal dispute resolution process required by this Section. Notwithstanding the foregoing, nothing in this Section 12.1 shall preclude either party from seeking emergency equitable relief (including temporary restraining orders, preliminary injunctions, or specific performance) from a court of competent jurisdiction to prevent irreparable harm pending the completion of the Negotiation Period or the resolution of any arbitration.
(b) Dispute Resolution. YOU AND WE BOTH AGREE THAT ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS OR YOUR PURCHASE OF PRODUCTS OR USE OF THE SERVICES AND/OR CONTENT WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION THROUGH THE AMERICAN ARBITRATION ASSOCIATION, RATHER THAN IN COURT. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND Fjällräven REGARDING ANY ASPECT OF YOUR RELATIONSHIP WITH US OR ANY CONDUCT OR FAILURE TO ACT ON OUR PART, INCLUDING CLAIMS BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE CLAIM), VIOLATION OF LAW OR ANY CLAIMS BASED ON ANY OTHER THEORY, AND INCLUDING THOSE BASED ON EVENTS THAT OCCURRED PRIOR TO THE DATE OF THIS AGREEMENT, WITH THE FOLLOWING EXCEPTIONS:
(i)Any claim regarding the validity, protection, or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court with jurisdiction.
(ii) In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against us may be commenced only in a federal or state court located in Colorado, and we both consent to the jurisdiction of and venue in those courts for such purposes. We both also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection, or enforcement of a party’s intellectual property rights (excluding its privacy or publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(iii) Notwithstanding the foregoing, either party may elect to bring an individual claim in a small claims court of competent jurisdiction, provided that: (i) the claim qualifies for small claims court under that court’s jurisdictional rules; (ii) the claim is brought and maintained solely on an individual basis and not as part of any class, consolidated, or representative proceeding; and (iii) if the claim is initially filed in small claims court and subsequently transferred, removed, or appealed to a court of general jurisdiction, it shall then be subject to the arbitration provisions of this Section 12. Fjällräven retains the right to remove any small claims court action to arbitration if the claim does not qualify for small claims court or if you seek relief beyond the jurisdictional limits of that court.
(iv) All challenges to the interpretation or enforceability of any provision of these Terms, including questions of arbitrability, shall be brought before the arbitrator, and the arbitrator shall rule on all questions regarding the interpretation and enforceability of these Terms.
(v) Notwithstanding the foregoing, Fjällräven may bring an action in any court of competent jurisdiction to collect any amounts owed by you to Fjällräven under these Terms, including without limitation unpaid product purchase amounts, chargebacks, or other sums due. This exception applies solely to collection actions initiated by Fjällräven and does not permit you to bring claims against Fjällräven in court.
This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.
(c) Prohibition of Class Action and Non-individualized Relief. ANY ARBITRATION WILL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If the prohibition on class, consolidated, representative, or private attorney general actions set forth in this Section 12.3 is found by a court or arbitrator to be unenforceable with respect to any claim or dispute, then this entire Section 12 (other than Section 12.8 (Jury Trial and Class Action Waiver in Court)) shall be null and void as to that claim or dispute, and such claim or dispute shall be resolved in a court of competent jurisdiction rather than in arbitration. The parties agree that under no circumstances shall any arbitration proceed on a class, consolidated, representative, or private attorney general basis.
(d) Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by the AAA’s Consumer Arbitration Rules (“Consumer Rules”), as modified by these Terms. The applicable rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in these Terms as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Fjällräven requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration will be confidential. Neither you, we, the AAA, nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by applicable law or for purposes of enforcing or challenging of the arbitration award.
(i) Hearing Procedures.
-
- Document-Only Arbitration. If no disclosed claim or counterclaim exceeds Twenty-Five Thousand U.S. Dollars (US$25,000), the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, unless either party requests a telephonic, video, or in-person hearing, or the arbitrator determines that a hearing is necessary.
- Hearing Location. If an in-person hearing is required, such hearing shall be held in Colorado, unless the parties mutually agree to an alternative location or the arbitrator determines, based on the circumstances and applicable AAA Rules, that a different location is appropriate. Either party, or any witness, may participate in any hearing remotely by videoconference or similar means, regardless of where the hearing is held.
- Arbitrator’s Written Decision. The arbitrator shall render a written decision within thirty (30) days after the conclusion of the arbitration hearing (or, in the case of a document-only arbitration, within thirty (30) days after the final submission of documents). The written decision shall include findings of fact and conclusions of law upon which the award is based, if requested by either party.
(e) Demand for Arbitration. Prior to filing any Demand for Arbitration, the Claimant must complete the informal dispute resolution process set forth in Section 12.1. A Demand filed before the expiration of the Negotiation Period is premature and may be dismissed without prejudice. Subject to the foregoing, a party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for Fjällräven, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section 12.8) and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:
American Arbitration AssociationCase Filing Services1101 Laurel Oak Road, Suite 100Voorhees, NJ 08043
Alternatively, the Demand may be filed with the AAA online using AAA WebFile: https://www.adr.org.
Any Demand to Fjällräven should be addressed to:
Fjällräven Address1795 Dogwood St. Suite 400
Louisville, CO 80027
(f) Filing, Administration and Arbitrator Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section 12. Each party will bear its own fees in connection with the arbitration, including the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing. In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator following entry of an award. You and Fjällräven agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration, and therefore either party may elect to engage with the AAA regarding arbitration fees, and the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
(g) OPT-OUT PROCEDURE. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISIONS IN THIS SECTION 12, YOU MUST NOTIFY FJÄLLRÄVEN IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU MAY OPT OUT BY MAILING A WRITTEN NOTICE TO FJÄLLRÄVEN AT THE ADDRESS SET FORTH ABOVE. YOUR WRITTEN NOTIFICATION TO FJÄLLRÄVEN MUST INCLUDE YOUR NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND PHONE NUMBER, AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH FJÄLLRÄVEN THROUGH ARBITRATION. IF YOU OPT OUT OF THE ARBITRATION PROVISIONS IN THIS SECTION, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY.
(h) JURY TRIAL AND CLASS ACTION WAIVER IN COURT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND FJÄLLRÄVEN EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY SUCH CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN COURT, YOU AND FJÄLLRÄVEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
(i) Amendment to Arbitration Provisions. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against Fjällräven prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and Fjällräven. We will notify you of amendments to the arbitration provisions of this Section by posting the amended terms on these Terms, and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may immediately cease all use of the Services, and you will not be bound by the amended terms.
(j) Batch Arbitration. If 25 or more claimants (including you) submit notices of dispute or demands for arbitration raising similar claims and are represented by the same or coordinated counsel, these claims may be resolved in batches of up to 50 claimants each (“Batch”), unless you and we agree otherwise or applicable AAA rules specify otherwise. AAA will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing (if any) per Batch. All parties agree that claims are “similar” if they arise out of or relate to the same event or factual scenario or raise the same or similar legal issues and seek the same or similar relief. Any disagreement over the formation of Batches shall be decided by a procedural arbitrator appointed by AAA. This Batch arbitration provision shall survive termination of your agreement with us. In the event of any conflict between the batch arbitration provisions in this Section 12.10 and AAA’s rules, the contractual provisions control to the maximum extent permitted by law.
(k) Survival of Arbitration Provisions. This Section 12, including all subsections hereof, shall survive the expiration, termination, or rescission of these Terms, the termination or deactivation of your account, and the cessation of your use of the Services. Any dispute arising out of or relating to events that occurred during the term of these Terms shall be subject to this Section 12 regardless of when the dispute arises.
13 Electronic Communications.
(a) General. By using the Services, you consent to receive all communications from us electronically, including via email to the address associated with your account or by posting notices on the Services. You agree that all terms, conditions, agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You confirm you have the necessary hardware and software to access and retain electronic records. Electronic communications are deemed received when sent or posted. You are responsible for keeping your email address current; Fjällräven is not liable for communications sent to an outdated address. You may withdraw consent by contacting us at the address at the bottom of these Terms, but doing so may result in termination of your account or access to certain Services. All electronic communications provided by or through Fjällräven, including email, SMS, push notifications, and in-app messages, are provided on an “as-is” and “as-available” basis. Fjällräven does not guarantee the delivery, timeliness, accuracy, or completeness of any electronic communication.
(b) Consent to Communications. By accessing or using the Services, you consent to receive communications from Fjällräven through the Services or by other means such as e-mail, push notifications, text messages (including SMS and MMS), and phone calls at the addresses you provide to Fjällräven. These communications may include information about your account, transactions, updates, and, where permitted by law, promotional content. You understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your carrier for certain communications such as SMS messages or phone calls. You may opt out of receiving promotional communications at any time by following the instructions provided in such communications (e.g., replying “STOP” to an SMS message) or by contacting us directly. Opting out of promotional communications will not affect your receipt of service-related, transactional, or legally required communications.
(c) TCPA Compliance . You acknowledge and agree that by providing your telephone number to Fjällräven, you are providing your prior express consent to be contacted at that number as required under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable FCC regulations. You may revoke your consent at any time and by any reasonable means, including replying “STOP” to any SMS message, or by contacting Fjällräven at the contact information listed below. Upon receipt of your revocation, Fjällräven will honor your request within the time period required by law.
(d) Notice. Regarding carrier charges, standard message and data rates may apply to SMS communications. Fjällräven is not responsible for any charges imposed by your mobile carrier as a result of communications sent to or received from Fjällräven.
(e) SMS Terms. If you subscribe to receive SMS or MMS text messages from Fjällräven or any of its brands, the following additional terms apply:
(i) Opt-In and Confirmation. When you opt in to receive text messages, we may send you a confirmation message to verify your subscription. By opting in, you consent to receive recurring autodialed marketing and informational text messages from Fjällräven or its service providers at the mobile telephone number you provide, even if that number is registered on any state or federal do-not-call list. Consent to receive text messages is not a condition of purchasing any goods or services from Fjällräven, and you may revoke your consent at any time by following the opt-out instructions in the Opt-Out section below.
(ii) Message Frequency and Content. Message frequency may vary. Messages may include promotional content (such as product launches, sales, and discounts) and transactional content (such as order confirmations, shipping updates, and customer service communications). For the avoidance of doubt, you may receive both marketing and transactional messages unless you have opted out of promotional messages.
(iii) Opt-Out. You may opt out of receiving text messages at any time by replying “STOP” to any text message you receive from us. After you send this opt-out request, we will send you a final confirmation message. Fjällräven and its service providers will cease sending promotional text messages to your mobile number within a reasonable time after receiving your opt‑out. You may, however, continue to receive transactional or service-related text messages related to pending orders or account activity, unless you reply STOP to those transactional or informational text messages. After you send this opt-out request, we will send you a final confirmation message. Fjällräven and its service providers will cease sending transactional and informational text messages to your mobile number within a reasonable time after receiving your opt-out. If you wish to re-subscribe, you may do so by following the original subscription process.
(iv) Carrier Charges and Delivery. Standard message and data rates imposed by your mobile carrier may apply to text messages sent to or received from Fjällräven. Fjällräven is not responsible for any charges imposed by your carrier. Fjällräven uses commercially reasonable technical and organizational measures to protect the confidentiality and security of your mobile telephone number and other personal information processed in connection with this SMS service, as further described in our Privacy Policy. Neither Fjällräven nor your carrier guarantees that text messages will be delivered, and neither Fjällräven, its service providers, nor your carrier shall be liable for delayed, undelivered, or misdirected text messages.
(v) Disclaimer. SMS communications are provided on an “as-is” basis and may not be available in all areas, at all times, or on all mobile carriers. Fjällräven makes no warranty regarding the availability, reliability, or timeliness of text message services. Fjällräven may suspend or terminate the SMS service at any time, in whole or in part, without liability, for any reason or no reason.