Terms of Use

Website Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

1. Who are we? What is this site for?

These terms of use ("Terms of Use") govern the use of the website http://www.thenorthface.eu . The Site is owned and operated by VF INTERNATIONAL SAGL, with registered office at Via Laveggio, 5, 6855 Stabio, Switzerland, Company Registration Number Stabio - CH-514.4.028.163-8, VAT Number CHE-111.650.898 ("THE NORTH FACE®" or "we"), registered capital CHF 1,901,000.00. You can contact us via the Contact Us page, which is managed by our customer service. We use the Site to promote THE NORTH FACE® products and to provide information about THE NORTH FACE® products, stores, and promotional campaigns.

You can also purchase THE NORTH FACE® products on the Site. If you purchase products on the Site, the purchase is subject to the Terms of Sale, which also include details about which VF Group company can sell the products to you.

2. What do I need to do to register and open an account?

To access specific features of the Site (for example, to view your order history), you will be asked to log in and create an account (“Account”). You will be responsible for all activities that occur under your Account, unless your Account is demonstrably used by a third party without your permission. You are responsible for protecting your login information and maintaining its confidentiality. THE NORTH FACE® will not be liable for any loss or damage arising from your failure to comply with these obligations. THE NORTH FACE® may terminate or suspend your Account at any time and without notice if: (i) THE NORTH FACE® believes you are using your Account in violation of the Terms of Use, (ii) THE NORTH FACE® believes a third party is using your Account without your permission, or (iii) for reasonable security or maintenance purposes. You may cancel your Account at any time by contacting customer care via our Contact Us page.

3. Which of my personal data does THE NORTH FACE® process?

To enable you to access the Site's features, including the registered user areas or newsletter subscriptions, we may ask you to provide certain personal data. The processing of this data is described in our Privacy Policy. If you do not agree with our practices and policy regarding the processing of personal data, we invite you to discontinue use of this Site immediately.

4. What happens when I upload content or comments generated by me?

The Site includes sections that enable users to upload user-generated content ("UGC"). The Site includes sections that allow users to upload user-generated content ("UGC"), for example, you can upload photos or post comments. THE NORTH FACE® is merely a hosting provider for this UGC and assumes no liability or responsibility for the content itself.

You may not provide UGC that is illegal, obscene, offensive, or defamatory, that promotes racial, ethnic, or sexual discrimination, or hatred, or that violates intellectual property rights or personal data protection rights. You may not upload UGC that contains information, including images, of minors.

THE NORTH FACE® reserves the right, at its sole discretion, to remove any UGC from the Site that does not meet the above requirements. If such UGC is removed from the Site, the uploader's account may be suspended or terminated.

5. #THENORTHFACE Terms and Conditions. What does this hashtag mean? What do I consent to?

If you've landed here, it's because THE NORTH FACE® liked a photo or other content you posted online ("UGC") that included a THE NORTH FACE®-related hashtag (i.e., a hashtag containing THE NORTH FACE® or another name or trademark belonging to THE NORTH FACE®) and would like to feature it on THE NORTH FACE® websites and/or social media platforms. To do so, THE NORTH FACE® needs your permission to use your image or any personal data that may be contained therein.

If you give us your permission, your UGC may be visible to other THE NORTH FACE® enthusiasts and supporters worldwide. This is a great opportunity for you to share your style with the world on THE NORTH FACE® websites!

By replying to our message with "#YEAHENORTHFACE," you grant THE NORTH FACE® an unrestricted, non-exclusive, assignable, sublicensable, perpetual, worldwide right to use your relevant UGC. THE NORTH FACE® shall be entitled (but not obligated) to use your UGC in any way and for any purposes whatsoever, including storing, copying, reproducing, publishing, posting, transmitting, distributing, displaying, modifying, translating, incorporating into other materials, and commercially exploiting it in any way. These uses include using your UGC on THE NORTH FACE® websites, online stores, official social media pages, as well as during events and campaigns. Please do not grant us permission to use any UGC that you do not want to fall under these #THENORTHFACE Terms.

By responding "#JATHENORTHFACE" you also warrant that (a) you are at least eighteen years of age; (b) you own all rights in and to your photos; (c) if your UGC contains elements belonging to a third party (for example, a photo of your friend), that you have obtained all necessary consents from that third party (including, for example, copyright and/or legal consent as to the personal data); (d) so that THE NORTH FACE®'s use of your UGC will not infringe the rights of any third party or violate any law, and that you agree to be bound by these #THENORTHFACE Terms.

Finally, by responding "#JATHENORTHFACE" you agree to indemnify and hold harmless THE NORTH FACE® and any person acting on its behalf from and against any and all claims, damages, liabilities, and costs incurred by THE NORTH FACE® in connection with the normal use of the UGC as described above.

Depending on the content of your UGC and also the country you are in, your social network account name and your relevant UGC may contain personal data that THE NORTH FACE® has access to and which may be processed by it in relation to the use of your UGC.

Our Privacy Policy describes the processing activities that THE NORTH FACE® carries out in relation to your personal data, including any data that may be provided to THE NORTH FACE® as part of your social network account and/or uploaded UGC. THE NORTH FACE® will use this data for the purposes specified in these #THENORTHFACE Terms.

If you do not agree with our practices and policies regarding the processing of your personal data, please do not reply to our message with "#JATHENORTHFACE" under your relevant UGC.

BY REPLYING TO THE MESSAGE FROM OUR THE NORTH FACE® ACCOUNT WITH "#YEAHENORTHFACE" YOU GIVE THE NORTH FACE® YOUR EXPRESS AND SPECIFIC CONSENT TO USE THE PERSONAL DATA DESCRIBED ABOVE FOR COMMERCIAL AND MARKETING PURPOSES.

If you would like to stay informed about THE NORTH FACE® products and initiatives, we invite you to subscribe to THE NORTH FACE® newsletter here.

You can revoke your grant of usage rights and privacy consent at any time, free of charge, in one of the following ways:

1. By sending THE NORTH FACE® an email as indicated on our Contact Us page;
2. By removing the UGC from the relevant website/social network or deleting the THE NORTH FACE®-related hashtags associated with it;
3. By clicking on the REPORT button located on THE NORTH FACE® website or on the social media page where your UCG is present;
4. By activating the opt-out tool available at olapic.com/trust;
5. As for Instagram, by setting your Instagram profile to private or by setting the specific photo to private.

To the maximum extent permitted by law, in no event will THE NORTH FACE® be liable for (i) any special, indirect, incidental or consequential damages, costs, damages, charges or expenses; or (ii) loss of profits; or (iii) loss of business, contracts, goodwill, business opportunity; or (iv) loss of revenues, loss of anticipated savings; or (v) loss or corruption of data or information; or (vi) any impairment arising in connection with the use of your UGC as described above, whether based on tort, contract or any other legal theory, even if THE NORTH FACE® has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, THE NORTH FACE® will in no event be liable for (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv) loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to the use of your UGC as described above, whether based on tort, contract or any other legal theory, even if THE NORTH FACE® had been advised of the possibility of such damages to occur.

6. Who owns the content and materials on this Site?

The information on this site, along with all materials contained therein, is the copyrighted work of THE NORTH FACE®. ALL RIGHTS ARE RESERVED. Individual pages or materials may contain different proprietary notices.

All registered names and trademarks THE NORTH FACE® and in this Site are registered trademarks of THE NORTH FACE® and THE NORTH FACE® APPAREL CORP. or its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither THE NORTH FACE® APPAREL CORP. nor its affiliated entities THE NORTH FACE®, or any of its suppliers grant any express or implied right to anyone under any patents, copyrights, trademarks, or trade secrets. ALL RIGHTS ARE RESERVED.

By submitting any UGC to the Site, you warrant that you are entitled to do so and that you have obtained all necessary consents from the relevant third parties (e.g., intellectual property rights holders or data subjects). This content will be considered non-confidential and non-proprietary. With respect to any UGC you provide, you grant THE NORTH FACE® an unrestricted, exclusive, worldwide, sublicensable, royalty-free license to use such UGC in any way and for any purposes whatsoever, including but not limited to storing, copying, reproducing, publishing, posting, transmitting, distributing, displaying, modifying, translating, incorporating into other materials, and in any way commercially exploiting it. THE NORTH FACE® therefore invites you not to submit any content, items, or information via the Site that you do not wish to be subject to the above terms.

7. What is THE NORTH FACE®'s liability for anything that may go wrong when I use this Site?

We work hard to make this site interesting and user-friendly, but we can't guarantee that our users will always find everything to their liking. Please read this disclaimer carefully before using our site.

YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. DUE TO THE POSSIBLE NUMBER OF SOURCES OF INFORMATION AVAILABLE AND THE INHERENT DANGERS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIALS AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK.

THIS SITE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, AND AS AVAILABLE. THIS SITE, THE NORTH FACE® APPAREL CORP., ITS AFFILIATE THE NORTH FACE®, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ABSENCE OF DEFECTS, ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY WARRANT THAT THIS SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR EXAMPLE, WE CANNOT GUARANTEE THAT THE APPEARANCE AND COLOURS OF OUR PRODUCTS DESCRIBED ON THE SITE AS THEY APPEAR ON YOUR SCREEN WILL MATCH THE ACTUAL APPEARANCE OF THE PRODUCTS AS AVAILABLE IN A PHYSICAL OR ONLINE STORE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE NORTH FACE® APPAREL CORP., ITS AFFILIATE THE NORTH FACE®, ANY CONTRIBUTOR TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS AND LICENSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS OPPORTUNITIES, SAVINGS, DATA AND CLAIMS OF THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

THIS SITE MAY CONTAIN ELEMENTS OR LINKS TO WEBSITES OPERATED BY OTHER COMPANIES, INDIVIDUALS, OR AGENCIES (FOR EXAMPLE, THE PORTION OF THE SITE OPERATED BY OLAPIC, INC. AND SHOWING PHOTOGRAPHS OF NORTH FACE® PRODUCTS CREATED THROUGH SOCIAL MEDIA), WHICH ARE PROVIDED AS A CONVENIENCE TO THE NORTH FACE® USERS. THESE ELEMENTS OR LINKED WEBSITES ARE NOT UNDER THE CONTROL OF THE NORTH FACE® APPAREL CORP. OR THE NORTH FACE® AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF ANY SUCH ITEMS OR LINKS DOES NOT IMPLY ANY ENDORSEMENT, AND NEITHER THE NORTH FACE® NOR THE NORTH FACE® APPAREL CORP. MAKE ANY WARRANTY WITH RESPECT TO SUCH ITEMS, NOR ARE THEY LIABLE FOR THE ACCURACY OF ANY INFORMATION ON SUCH ITEMS OR WEBSITES. NEITHER THE NORTH FACE® APPAREL CORP. NOR THE NORTH FACE® MONITOR OR REVIEW THE CONTENT OF SUCH THIRD-PARTY WEBSITES AND THEREFORE ADVISES YOU THAT ACCESS BY LINK TO ANY THIRD-PARTY WEBSITE IS AT YOUR OWN RISK. ALL ASPECTS RELATING TO SUCH ELEMENTS OR WEBSITES (INCLUDING RULES FOR USE AND CONTENT) ARE GOVERNED BY THE THIRD PARTY'S TERMS, WHICH WE ENCOURAGE YOU TO READ.

8. What is the applicable law? And what is the competent court in case of disputes?

Your use of this Site shall be governed in all respects by the laws of Switzerland. The laws of Switzerland, without regard to conflicts of law rules, shall govern these disclaimers, limitations of liability, and terms and conditions. The Commercial Court of Zurich shall have exclusive jurisdiction in connection with any dispute arising from the use of the Site and/or in any way related to the Site or these Terms of Use, without prejudice to any right under mandatory provisions of applicable law to institute legal proceedings in the habitual place of residence or domicile of the users.