Terms and Conditions of Sale
The following General Terms and Conditions of Sale govern the offer and sale of products on our web site ("www.balenciaga.com"). The products purchased on www.balenciaga.com are directly sold by YOOX NET-A-PORTER GROUP S.p.A. ("YOOX NET-A-PORTER GROUP") company with sole shareholder subject to direction and coordination by Compagnie Financière Richemont S.A., with registered office in Italy at via Morimondo, 17 – Milano 20143, business register number, tax code and VAT number 02050461207, fully paid share capital of EUR 1,384,207.41 (hereinafter referred to as "the Vendor" or "We" or "Us"). Requests for information should be made through our Customer Care: click here to contact Customer Care.
1. Our Business Policy
The Vendor offers products for sale on www.balenciaga.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".
"Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on www.balenciaga.com.
The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.
These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on www.balenciaga.com between the users of www.balenciaga.com and the Vendor.
The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on www.balenciaga.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.balenciaga.com and third parties.
2. How to Execute a Contract with the Vendor
In order to place an order for the purchase of one or more products on www.balenciaga.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
Before purchasing the products, you will be asked on the order form to carefully read the Terms and Conditions of Sale and the Informational Note on the right of withdrawal, to print a copy of them using the print command, and to then save or make a copy thereof for your personal records. The order form contains a summary of these General Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, procedures for handling trader complaints, shipping and delivery costs, as well as the Vendor’s details, mailing and email addresses, and the deadline by which the Vendor promises to deliver the goods. The Vendor will also provide you with a summary of the terms and conditions for exercising your right of withdrawal and the procedures and time limits for returning the purchased products (according to the Return and Exchange Form). You will also be informed of the circumstances under which you would lose the right to withdraw from the contract. If applicable to the purchase, you will be informed that, in the event of withdrawal, you will be required to bear the cost of returning the products. You will in any event be reminded that there is a legal warrantee in conformity with the products, and you will be provided with the details for contacting our after-sales service department. 2.3
Our order form, which appears immediately prior to the conclusion of the purchase contract, provides you with brief information regarding the essential features of each product ordered, the price (including all applicable taxes or fees) and the shipping costs (including any additional costs you would incur for having chosen another type of shipping and delivery that is faster than the standard service). An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order's information has been verified as correct.
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use. 2.5
When transmitting the order form, you will be advised that forwarding the order constitutes an obligation to pay the price indicated.
The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Order, in the Customer Care area.
Before submitting the order form, you will be asked to identify and correct possible input errors.
English is the language used for executing contracts with the Vendor.
After your order form has been submitted, the Vendor will process your order.
The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on www.balenciaga.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items, without undue delay, and the contract between the parties will be deemed to have been terminated.
By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.balenciaga.com.
Once the contract has been entered into, the Seller will send you by email a receipt of the purchase order, which contains the General Terms and Conditions of Sale and the summary document on Return Policy and therefore, all of the information already contained in the summary of commercial and contractual terms and conditions which was viewed prior to making the purchase
Upon submission of an order form, the Vendor shall send you a purchase order receipt email, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
3. Guarantees and Product Price Indication
On www.balenciaga.com, we only offer products marked with the "Balenciaga" trademark. These products are purchased by us directly from the fashion house and/or the manufacturer authorised by the fashion house.
The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
The main characteristics of products are shown on www.balenciaga.com on each product page. The products offered for sale on www.balenciaga.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
Prices are subject to change. Check the final price of sale before sending the relevant order form.
Prices displayed on the Balenciaga website are quoted in EUR. While we try to ensure that all prices on our website are accurate, errors may occur.
Orders made from an Area site different from the one you are shipping to, or to addresses to which the Vendor cannot ship, will be automatically cancelled.
All Products come with an identification tag attached with a disposable seal. Do not remove the tag or seal from the purchased products should you wish to return the purchased product.
Should you decide to exercise your right to return purchased products, the Vendor has the right to not accept returned products or to not fully refund the amounts paid for purchased products that are returned without the corresponding tag or seal or that have been altered from their original status or damaged, as is more extensively clarified under paragraph 8.10. that are returned without the corresponding tag or seal or that have been altered from their original status or damaged.
Without prejudice to the application of the mandatory consumer protection provisions, all products sold by the Vendor are covered by a twenty-four (24) month guarantee for lack of conformity. You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact our Customer Care.
In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.
Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form. Under no circumstance will you be charged costs that are higher than those actually incurred by the Vendor, in relation to your previously selected payment method.
In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Banca Sella or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
5. Shipping and Delivery of the Products
For specific product shipping and delivery procedures see the Customer Care area and read the Shipping section. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
6. Customer Care
Please contact our Customer Care for further information: click here to contact Customer Care.
You may return products purchased from Us, without any penalty and without specifying the reason, within fifteen (15) days from receiving the products purchased on www.balenciaga.com.
To return products we invite you to complete the online Return and Exchange Form before shipping your return package to us.
It is necessary to return the items to the Vendor by giving them back to the courier within thirty (30) days of the date you notify the Vendor of your decision to cancel.
The only costs at your own expense are those for return shipping.
Should you decide to use the courier indicated by www.balenciaga.com in the online Return and Exchange Form, www.balenciaga.com will pay for the return shipping costs for you and will relieve you from direct payment to the courier. www.balenciaga.com will withhold a flat rate as payment for the return shipping, which will correspond to the original costs paid for the shipping and delivery of the order. Additionally by using this courier indicated by www.balenciaga.com in the online Return and Exchange Form, the Vendor relieves you from any responsibility for any loss or damage to the products during transport.
If you decide to use a different courier from the one indicated by www.balenciaga.com in the online Return and Exchange Form, you will have to directly take care of the return shipping payment, at your own expense. In this case, the original shipping costs you paid for your order will be refunded. You will be responsible for any loss or damage to the products during transit.
The return right - besides compliance with the terms and procedures described at par. 7.1, 7.2 and 7.3 above - shall be deemed correctly exercised once the following conditions have been fully met:
a. the Return and Exchange Form directly transmitted online via the website, or another declaration explicitly stating your decision to withdraw from the contract must be correctly completed and submitted within fifteen (15) days from receipt of the products;
b. the products must not have been used, worn or washed;
c. the identification tag must still be attached to the products with the disposable seal;
d. the returned items must be shipped back to www.balenciaga.com within thirty (30) days of when you informed the Vendor of your decision to withdraw from the contract;
e. the returned products must be sent to the shipping agent within thirty (30) days;
f. the products must not be damaged.
If the terms and conditions for exercising your right to withdraw from the contract, as per points a), e) and f) of paragraph 8.7 above, are not complied with, you will not have the right to be reimbursed the amounts already paid to the Vendor. Within thirty (30) days of the email communicating the non-acceptance of the withdrawal being sent, you may choose to re-obtain, at your own expense, the products in the state in which they were returned to the Vendor, through a written exchange with the Vendor according to the instructions that will be provided. If not, the Vendor may keep the products, in addition to the sum already paid for their acquisition.
Whenever the conditions indicated in letters b), c) and d) of previous paragraph 7.7 are not respected, you will not be entitled to a full refund of the amounts already paid to the Vendor. You will indeed be responsible for the decrease in value of the returned products, following a use other than the one authorized by the Vendor with the intent of allowing you to assess the nature, features and functioning of the products themselves. In this case, between 10 and 90 percent of the amounts you paid to the Vendor to purchase the returned products will be deducted from the provided refund, whereby you will be specifically informed, via email, by the Vendor. Within 14 days of sending the email informing you of the amount deducted from the refund, you may choose to have the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, informing the Vendor thereof according to the procedures of which you will be advised. Otherwise, the Vendor may retain the products and an amount corresponding to the percent deducted from the refund.
After the return of the products, the Vendor shall check their compliance with the terms and conditions laid down in paragraph 8. In the event that the outcome of these checks is positive, the Vendor shall send you the corresponding email confirmation of the acceptance of the returned products.
In the event that the checks do not have a positive outcome, the Vendor takes steps to inform you, via email, that a decrease in value of the returned products has been detected, deriving from your failure to comply with the conditions indicated in letters b), c) and d) of paragraph 8.3 above. The Vendor simultaneously sees to it that you are also informed of the amount that will be deducted from the amounts you paid to purchase the returned products; without prejudice, in the alternative, to the possibility of your having the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, pursuant to the terms provided for in paragraph 7.10.
The Vendor provides the refund using the same payment method you used to acquire the returned products, unless you have expressly agreed with the Vendor to use another payment method, and on the condition that you must not incur any additional cost as a result of the refund.
If the recipient of the products indicated in the order form and the person that has paid the sums due for their acquisition are not the same, the reimbursement of the sums, in the event of the right of withdrawal being exercised, shall be made by the Vendor, in all cases, to the person that made the payment.
If the return right is exercised in conformity with the provisions set forth in this section, www.balenciaga.com shall refund the amounts paid for the returned products according to the methods and times of our standard refund procedure.
The refund procedure will be initiated by www.balenciaga.com within thirty (30) days from when www.balenciaga.com was informed of your decision to return. The procedure will begin after checking to ensure that the customer's return is in accordance with the Return Policy and that the returned products have been accepted as indicated in par. 8.
In the event that your return does not comply with the terms and conditions set out in section 7 of these General Terms and Conditions of Sale, you will not be entitled to any refund of sums already paid to www.balenciaga.com; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to www.balenciaga.com. If you do not wish to receive the products in the conditions in which they were sent back to www.balenciaga.com, www.balenciaga.com shall be entitled to keep the products and withhold the sums already received.
8. Refund Times and Procedures
After the products have been returned, We shall check the conformity of the products with the conditions indicated in section 7 above. When the Vendor is able to confirm that such conditions have been met, We shall send you an email confirming the acceptance of the returned products.
In order to withdraw from the contract, you may use Return and Exchange Form (in conformity with the standard form pursuant to Art. 49, Subsection 4 of the Consumer Code), which may be filled out and sent directly online through the website, or you may draft and send the Vendor another declaration explicitly stating your decision to withdraw from the contract.
If you choose to use the Return and Exchange Form to send the form directly online through the website www.balenciaga.com, the Vendor will send you an email confirming receipt of the withdrawal request.
Should you instead choose to send another type of withdrawal statement, you will be responsible for proving that you exercised your withdrawal right in a proper, timely manner.
Once you have exercised your right to withdraw from the contract, you must return the products to the Vendor, sending them to the shipping agent for shipment within thirty (30) days of when you informed the Vendor of your decision to withdraw from the contract.
8.4 Should you decide to use a different shipping method than the one indicated by the Vendor in the Return and Exchange Form, you must instead pay upfront for the costs you have incurred for returning the purchased products. In that case, you will also be refunded an amount equal to the cost of the standard shipping of the purchased products, although you will not be refunded for any additional costs you incurred due to having chosen another kind of shipment and delivery or one that is faster than the standard method. In this case you will still be able to be held liable if the products are lost or damaged during transport, whether due to your negligent choice of carrier and/or the shipment methods.
The value date for the credit shall be the same as the value date of the original debit and consequently you shall not lose bank interest.
The Vendor has chosen UPS (which can be contacted through www.ups.com) as the Vendor's official package delivery company for returning products purchased on www.balenciaga.com. You may return products to www.balenciaga.com without having to pay for return shipping costs by using the pre-printed UPS label enclosed in original order. According to the terms and conditions stated in our Return Policy, this option allows www.balenciaga.com to pay the return shipping costs for you and will relieve you from direct payment to the courier. Additionally by using UPS, the Vendor relieves you from any responsibility for any loss or damage to the products during transport.
If you decide to return products using a different shipping company other than the one indicated by the Vendor, you will have to pay the return shipping costs upfront and you will be responsible for any loss or damage to the products during transit, according to the terms and procedures stated in our Return Policy.
You are advised to read, if you haven't already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of www.balenciaga.com.
10. Governing Law
These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.
Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr.
11. Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on www.balenciaga.com.