Effective Date: September 25th, 2019
IMPORTANT – THESE DONATION TERM & CONDITIONS ARE A LEGAL AGREEMENT (“Agreement”) BETWEEN YOU, A MEMBER OF THE PUBLIC OR A GRANTEE OR GRANTEE REPRESENTATIVE (“PARTICIPANT or “YOU” as the context requires), AND PATAGONIA EUROPE COÖPERATIEF U.A. (“PATAGONIA,” “WE,” OR “US”) ) THAT APPLIES TO ALL DONATIONS YOU MAKE TO A GRASSROOTS ENVIRONMENTAL ORGANIZATION THAT WE SUPPORT (“GRANTEE(s)”) USING THE PATAGONIA ACTION WORKS WEBSITE LOCATED AT https://www.eu.patagonia.com/gb/en/actionworks
- Your General Obligations. You represent that You are at least sixteen (16) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide lawful and accurate information. In addition, You agree to abide by all applicable laws and regulations with respect to Your use of the Site. You also acknowledge and agree that use of the internet and access to the Site is solely at Your own risk. While Patagonia has endeavored to create a secure and reliable Site, You should understand that the confidentiality of any communication or material transmitted to or from the Site over the internet or other form of global communication network cannot be guaranteed.
- Charities. If You are a Grantee or an agent of such Grantee using the Site to raise funds for such Grantee, You agree that You will comply with all applicable solicitation and/or fundraising laws, and You represent and warrant that such Grantee has and will maintain tax-exempt status under all relevant laws and has authorized You to solicit funds on its behalf through the Site, if applicable. If You create a page on the Site on behalf of a Grantee, You represent and warrant that You: (a) are the authorized representative of the Grantee with the authority: (i) to solicit donations for the Grantee; and (ii) to bind the Grantee to these terms, including the grant of rights for Patagonia to use the Grantee’s name, logo(s) and other materials as described below; and (b) are using Your donations only as You have described on the Site. In addition, by creating a page on the Site on behalf of a Grantee, You agree that Patagonia may use Grantee’s name and logo(s), and any photographs or other content submitted by Grantee, on the Site in connection with the Patagonia Action Works program.
- Donors; Donations. By making a Donation, You represent and warrant that any Donation You make is legal in Your jurisdiction and that You are authorized to use the payment method You have selected. You agree and acknowledge that: (a) all Donations are made as unrestricted gifts and may not be restricted to any particular purpose; (b) donations and transaction fees will be charged to the credit or debit card or other payment method You use, and that Patagonia does not collect or store Your payment card information; and (c) all donations are final and nonrefundable. When You make a Donation, it is at Your own risk and You acknowledge that it is Your responsibility to understand how Your money will be used. Patagonia does not warrant that Donations will be used for any particular purpose and is not responsible for any misuse of donations.
- No Tax Advice. Patagonia makes no representation as to whether all or any portion of Your Donation(s), including, if any, transaction fees, are tax deductible or eligible for tax credits. Patagonia will have no liability for any claim by any tax authority with respect to the characterization on any applicable tax return of any Donation by You. You should always seek the advice of a qualified tax professional regarding the availability of a tax benefit or deduction. The information provided in this Site is provided for informational purposes only and is not intended to be a substitute for tax counseling.
- Payment Processing. Patagonia has engaged Worldcoo SL to process and disburse the Donations to the designated Grantees. Worldcoo is a social corporation established under Spanish law that acts as an intermediary between donors and social and cooperation projects. More information about Worldcoo can be found at https://www.worldcoo.com/en/worldcoo/Depending on your method of payment, your credit card statement will show “Adyen/Worldcoo”. You will receive a payment confirmation by email once your payment has been accepted. Your donation may be up to 100% tax-deductible depending on the laws of your country of residence. All donations are final and may not be refunded.Upon receipt of a Donation, Adyen will transmit the Donation amount in full to Worldcoo’s bank account. The funds received by Worldcoo from Adyen belong to the designated Grantee(s) and are transferred by Worldcoo to your designated Grantee.Worldcoo charges a 4% fee on each Donation to pay banks, credit card companies and to cover other administrative costs, but this fee is paid for by Patagonia. Neither Patagonia nor Adyen, Patagonia Action Works’ payment processor, will charge a fee with respect to your Donation transaction. This means that Worldcoo will transfer 100% of your Donation to your designated Grantee.
- Privacy Notice. Your use of the Site will constitute acknowledgement of Patagonia’s processing of your personal data as described in Patagonia’s Action Works’ Privacy Notice.
- Governing Law. This Agreement has been made in and will be construed and enforced in accordance with the laws of the Netherlands, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the Netherlands. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
- Miscellaneous. Please note that Patagonia reserves the right to change these terms and conditions by posting a revised Agreement or mailing and/or e-mailing notice thereof to You.