THEBROWNPAPERBAG’s (“THEBROWNPAPERBAG'” “we” “us”) website(s) (our “Website(s)” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Website(s) (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.thebrownpaperbag.net or any of its parent companies.

THEBROWNPAPERBAG is part of a Scandinavian group of companies controlled by RTR Nordic AB (a Swedish company)
. Our registered address is Lille Strandstræde, 1254 Copenhagen, Denmark. Our VAT number is DK3803214301. In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about THEBROWNPAPERBAG’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from individuals over 18 however. We may modify the TOS from time to time. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.

Registration

Eligibility to purchase

Orders

Pricing policy

Sale price adjustment policy

Acceptance of your order

Payment

Gift cards

Repairs

Promotion codes

Insurance and delivery

Returns and exchanges

Intellectual property rights

Content

No commercial use

Your activity

Third party sites

Your rights

Limits on our liability

Compensation

Our relationship

No waiver

Complaints and governing law

 

REGISTRATION

To use some of the services and features on this Site you will need to register personal data with us. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@thebrownpaperbag.net. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify THEBROWNPAPERBAG immediately of any breach of security or unauthorised use of your account. Please refer to our Privacy Policy for information about how we use your data.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the THEBROWNPAPERBAG terms of eligibility, who have been issued a valid payment card by a bank acceptable to THEBROWNPAPERBAG, whose applications are acceptable to THEBROWNPAPERBAG and who have authorised THEBROWNPAPERBAG to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, THEBROWNPAPERBAG reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where THEBROWNPAPERBAG feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. THEBROWNPAPERBAG offers products for sale that are in stock and available for dispatch from our distribution centre(s). Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an advance payment for item(s), otherwise known as a Pre-Order. This will ensure that you receive this item in priority once stock has been delivered to THEBROWNPAPERBAG. THEBROWNPAPERBAG will only take Pre-Orders for stock that is attainable for delivery by a supplier. Your rights regarding Pre-Order are the same as those for any other purchase at THEBROWNPAPERBAG. Alternatively, you may simply choose to register your email address for notification of arrival of similar items to the selected merchandise not held in stock (Waitlist). Items received into stock may then be pre-allocated to satisfy Pre-Orders customers will receive items in priority to customers whom are not on the waitlist. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your payment card within thirty days of being advised that merchandise has become unavailable. If you have registered your email address for notification of the arrival of similar items to a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period. THEBROWNPAPERBAG will store a record of your transactions for a minimum of one year. 

SALE PRICE ADJUSTMENT POLICY

THEBROWNPAPERBAG cannot offer sale price adjustment on items prior to the commencement date of a sale.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, merely a confirmation that we have received it. Unless you cancel your order in due time, acceptance of your order and completion of the contract between you and THEBROWNPAPERBAG will be completed when we email you to confirm the goods have been dispatched. The sale contract is concluded in English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of THEBROWNPAPERBAG. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun. Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

PAYMENT

We accept Visa, MasterCard and American Express cards, bank wire transfers, Klarna and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will be returned to THEBROWNPAPERBAG. Payment will be debited and cleared from your account upon processing of your order by THEBROWNPAPERBAG. You confirm that the payment card that is being used is yours or that you have been specifically authorised by the owner of the payment card to use it. All payment card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to THEBROWNPAPERBAG, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All payment card transactions on this site are processed using ePay, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered THEBROWNPAPERBAG user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, THEBROWNPAPERBAG uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

GIFT CARDS

THEBROWNPAPERBAG printed and virtual Gift Cards are sold subject to the following terms and conditions:

  1. Gift Cards are valid for 12 months from date of the initial purchase.
  2. Gift Cards can be redeemed against all products on the site.
  3. Gift Cards are non transferable and may not be returned or redeemed for cash.
  4. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and can be redeemed against subsequent orders.
  5. If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
  6. If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and can be redeemed against subsequent orders.
  7. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the buyer as confirmation of dispatch.
  8. THEBROWNPAPERBAG is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the buyer.
  9. THEBROWNPAPERBAG is not responsible for stolen, lost or misused Gift Cards.
  10. THEBROWNPAPERBAG reserves the right to cancel a Gift Card if we deem such action necessary.
  11. Promotion codes cannot be applied to the purchase of Gift Cards.
  12. Sales tax and shipping is applicable on any products purchased with a Gift Card.
  13. Shipping is applicable for Printed Gift Cards.

REPAIRS

To avoid decreasing the value of stock items, THEBROWNPAPERBAG relies on master craftsmen that have been thoroughly screened and tested for their skills. These professionals understand the specifications and have access to the correct materials needed for most repairs. For subsequent repairs, we recommend contacting the original manufacturers. All items on the website(s) are sold "as is". THEBROWNPAPERBAG is exempt from liability for any previous and subsequent repairs.

PROMOTION CODES

Promotion codes issued by THEBROWNPAPERBAG are non-transferable and we offer no cash alternative. Furthermore, a single promotion code cannot be used in combination with other promotion codes or offers, and must be redeemed before the expriation date, if this is provided.

INSURANCE AND DELIVERY

You will become the sole owner of the a purchased item(s) on and from the later of the point in time when: (a) we have received payment in full, or (b) we have delivered the goods to you. THEBROWNPAPERBAG insures each purchase during the time it is in transit until it is delivered to your specified delivery address. Our service partner(s) may require a signature upon delivery, at which point the responsibility for your purchased item(s) will pass to you. If you have specified a recipient who is not you (for example as a gift), then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by THEBROWNPAPERBAG, and transfer of responsibility in the same way. The receipient assumes responsibility from the time delivery has been made.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. THEBROWNPAPERBAG is not responsible for any delays caused by destination customs clearance processes. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

RETURNS AND EXCHANGES

CANCELLING YOUR ORDER UNDER THE CONSUMER CONTRACTS ( INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACR), you have the right to cancel your order with us provided you give us written notice.

Right to Cancel under the ICACR
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
To exercise the right to cancel, you must inform us by email to: info@thebrownpaperbag.net. For orders cancelled under the ICACR, we will issue you with a full refund excluding the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make reimbursement without undue delay, and not later than:(i) 14 days after the day we receive back from you any of the goods supplied; or (ii)(if earlier) 14 days after the day you provide us with evidence that the good have been returned; or (iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation. We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost. You shall return cancelled orders to: THEBROWNPAPERBAG (Returns) Lille Strandstræde 6A, 1254 Copenhagen, Denmark, without undue delay and in any event not later than 14 days from the day on which you received the order. The deadline is met if you send the goods before the period of 14 days has expired. You will have to bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods. Please note you may only use your right to cancel the order under the ICACR if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day on which you received your order, by email as described above, i.e. before requesting your RMA through your THEBROWNPAPERBAG account.

OUR RETURN POLICY

Items should be returned unused and with all THEBROWNPAPERBAG and (if applicable) designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Where provided, any designer packaging such as authenticity cards, dust bags, and tags should be included with your return. Please email info@thebrownpaperbag.net if any of your purchases have been delivered without THEBROWNPAPERBAG tags.

Shoes: All shoes should be tried on a carpeted surface before wear. Leather Goods: All leather items, whether partially or fully crafted in leather, should be tried in a dry environment and kept away from abrasive surfaces and liquid substances. Faulty goods: Goods are faulty if they are received damaged. In this case it is the responsibility of the received to provide proof at the earliest possible time from the time which you received your order. Items that are damaged as a result of normal wear and tear are not considered to be faulty. Due to the nature of our products; items where manufacturing faults occur after receipt are not considered to be faulty. If your item is faulty when you receive it, you can return it for a refund. Simply return the faulty goods to us within 14 days of the day you received your order. Where certain cases, at the full discretion of THEBROWNPAPERBAG’s experts, we will offer to repair the item.
Colours: We have made every effort to display, as accurately as possible, the colours of our products that appear on our Website(s). However, as computer screens vary, we cannot guarantee that your screens display of any color will be completely accurate.

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience as enjoyable as possible. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.

PACKAGES THAT ARE NOT PICKED UP

If a package has not been picked up in due time and the package is returned to us as a result, the buyer will be held responsible for all related fees, currently maximum SEK500 for domestic orders (Denmark, Sweden) and SEK1000 for international orders. Any package(s) that has/have not been picked up will not be regarded as a return.

REGRETTING / CANCELLING ORDERS

If you should change your mind after placing an order and wish to cancel, please do so within 1 hour of placing the order. Otherwise your order may be processed and shipped.

EXCHANGES 

Exchanges are only processed upon receipt of returned merchandise and are based on stock availability. Please return your item(s) to us and simply purchase the new piece separately through our Website(s). If you chose store credit, not that it is non-transferable and may not be returned or redeemed for cash.

INTELLECTUAL PROPERTY RIGHTS

Your use of our Website(s) and its contents does not grant you rights in relation to copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including THEBROWNPAPERBAG Software and all HTML and other code contained in our Website(s). All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on our Website(s) are protected by intellectual property laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by THEBROWNPAPERBAG and/or its third party licensors. Any reproduction or redistribution of the above listed Content, intended or otherwise, is prohibited and may result in civil and criminal penalties and lawsuit. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, text and/or language on this Site. THEBROWNPAPERBAG tries to ensure that the information on this site is accurate and complete. THEBROWNPAPERBAG does not promise that THEBROWNPAPERBAG's Content is accurate or error-free. THEBROWNPAPERBAG does not promise that the functional aspects of the Site or THEBROWNPAPERBAG's Content will be error free or that this Site, THEBROWNPAPERBAG Content or the server that makes it available are free of viruses or other harmful components. We recommend that all users of the Internet ensure they have up to date anit-virus software installed.
Opinions expressed on our Website(s), blogs, magazines, in commentary fields etc. are the personal opinions of the authors and do not necessarily reflect the views of THEBROWNPAPERBAG. By submitting, posting or otherwise sharing media, you agree to be solely responsible for the content of all information you contribute. You also grant to THEBROWNPAPERBAG a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated to be displayed, but THEBROWNPAPERBAG does not verify all content shared by third parties and will not be liable for said parties submissions, posts and shared media. If you have a complaint about any posts send an email to info@thebrownpaperbag.net. THEBROWNPAPERBAG reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to trademarks, patents and copyrighted content, contains improper use of personal data, improperly uses the medium for promoting and advertising other businesses. Our Website(s) is available to the public, information you consider confidential should not be posted to this site. The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of THEBROWNPAPERBAG and we accept no responsibility for any such views expressed in any media form.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any content, software, products, or services contained within our Website(s). You may not use our Website(s), or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website(s).

YOUR ACTIVITY

You agree that you will be personally responsible for your use of our Website(s) and for all of your communication and activity on and pursuant to our Website(s). If we determine that you are or have been engaged in prohibited activities, behaved in a disrespectful manner to other users, or otherwise violated the TOS, we may deny you access to our Website(s) on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than THEBROWNPAPERBAG, including advertisers. THEBROWNPAPERBAG has not reviewed all of external sources linked to its Web Site and is not responsible for the content or accuracy of any external pages. Nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

LIMITS ON OUR LIABILITY

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. Nothing in this Agreement is intended to affect your rights under the law. If THEBROWNPAPERBAG fails to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and THEBROWNPAPERBAG knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us THEBROWNPAPERBAG harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

By using this site you acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and THEBROWNPAPERBAG as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of THEBROWNPAPERBAG, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

COMPLAINTS AND GOVERNING LAW

If you have a complaint against THEBROWNPAPERBAG or any of its employees, please contact us directly through email at info@thebrownpaperbag.net disclosing: the including date of purchase, your order reference number (where applicable), your full name, your address and your contact details. The TOS together with our our policies and procedures will be governed by and construed in accordance to Danish law and the relevant courts of the Kingdom of Denmark will have exclusive jurisdiction.