GENERAL TERMS AND CONDITIONS OF SALE
General Terms and Conditions of Sale
Date: November 2020
- General Provisions
1.1. These general terms and conditions of sale (“General Terms”) describe the terms on which BALENCIAGA ONLINE ITALIA S.R.L, a limited company incorporated under the laws of Italy, with a share capital of 10.000 €, with registered office at Via Pisana, 336 50018 Scandicci Italy, registered with Firenze Chamber of Commerce under registration number FI-669244 and with VAT number 6961370480, subject to the management and coordination of Kering Holland NV (“BALENCIAGA”, “we”, “us”, “our”), sells, and a consumer (“you”) purchases, BALENCIAGA products (“Products”) through the website https://www.balenciaga.com/nl/ (“Website”).
1.2. These General Terms will apply to any contract for the sale of Products by BALENCIAGA to you through the Website (“Contract”).
1.3. The sale of Products under these General Terms is only available to consumers, meaning natural persons who act for purposes of personal consumption (i.e. for purposes extraneous to their trade, business, craft and profession and not for profit), who have reached the age of majority and have full legal capacity to enter into a Contract, in their country.
1.5. We reserve the right to amend or update all or part of these General Terms from time to time, without notice. We will always post the most current version of these General Terms on the Website and display the ”Last Updated” date to reflect the date of the changes.
- Products Information and Availability
2.1. Information on our Products (along with the corresponding Product codes) and relevant prices are available on the Website.
2.2. The Products available on the Website are usually a selection of items normally available in stores. However certain Products may be available exclusively online through the Website, and others may not be available, or legally sold, online. Also, some Products may not be shipped to your country.
2.3. Pictures of the Products displayed on the Website may not correspond to their actual appearance. In particular, the colors, fabric, shade, grain, texture of the Products shown on your screen may vary from those on the actual Product. Therefore, you shall rely exclusively on the description of the Products and their characteristics as mentioned on the Website.
2.4. We reserve the right, in our sole discretion, to limit the quantities and/or types of any Products available on the Website per person, household or per order. These restrictions may include orders placed by or under the same account, the same payment method and/or orders that use the same billing and/or shipping address. You cannot purchase more than two (2) identical Products per order. The maximum number of items per order is ten (10).
2.5. We may change or discontinue a Product or any of its features, as described on the Website, at any time and without notice (this does not affect orders already placed at the time of the change). During the purchasing process, we will inform you if your order cannot be processed due to the unavailability of the ordered Products.
2.6. In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event we shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.
3.1. Prices of Products are indicated on the Website in Euro and are inclusive or not of all applicable taxes and charges depending on the delivery country. Prices do not include delivery charges, which, if any, shall be added to the price of the Products and will be communicated to you during the checkout process before you confirm your order.
VAT will be charged as per applicable law at the time of the sale.
3.2. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case we will, at our discretion, (i) cancel the order or terminate the Contract (depending on when the error is detected) and notify you of such cancellation or termination, or (ii) contact you and ask you whether you wish to purchase the Product at the correct price.
3.3. We reserve the right to change the Products prices at any time and without notice, but such changes will not apply to Products for which you have received an Order Acceptance.
- Formation of the Contract – Placing an order
4.1. The information about the Products and their prices that is displayed on the Website is an invitation to treat and does not represent an offer by us or a unilateral contract.
4.2. To purchase Products on the Website, you must follow the instructions provided by the online purchase process: (i) include the selected Products (subject to the restrictions set forth in Section 2.4) in the shopping cart, (ii) fill in the order form with your personal information (name, address, email, telephone, shipping/billing address), (iii) select your payment method, (iv) accept these General Terms, (v) accept the ToU and (vi) place your order through the Website.
4.3. Before submitting your order, you will be given the opportunity to review your selection, check the total price and correct any errors.
4.4. Your order constitutes a binding offer to purchase from us the selected Products, under these General Terms, without prejudice to your right of withdrawal under Article 8 hereto. By placing an order, you agree to pay the price of the ordered Products.
4.5. All orders submitted by you are subject to our acceptance. Once you place your order, we will acknowledge it by email (“Order Confirmation”). This Order Confirmation does not, however, mean that your order has been accepted. We may choose not to accept your order, in whole or in part, without liability to you. Examples of non-acceptance of your orders are as follows:
(i) The Products are not available; or
(ii) You do not comply with the eligibility conditions set out in Section 1.3; or
(iii) You have ordered too many Products (see Section 2.4); or
(iv) We are unable to obtain authorization for your payment; or
(v) There is an error in the price displayed; or
(vi) Reported or suspected, fraudulent, illegal or unauthorized activities, including suspected purchases for commercial purposes; or
(vii) The delivery address provided by you is not a valid address; or
(viii) You have not fulfilled your obligations deriving from a prior contract entered into with us.
4.6. The Contract between us and you will only be formed when you receive from us an email notification confirming shipment of your order ("Order Acceptance"). The Order Acceptance (or rejection) shall be sent to the email address provided by you in the order. The details of your accepted orders are available under “My Account - My Order” section of the Website.
4.7. In case of unavailability of one or more ordered Products, we will contact you and inform you of such unavailability. The order will be partially cancelled and you shall pay only the price of the available Product(s).
4.8. The Order Confirmation/Acceptance will include notably the order number, basic information on the purchased Products, an indication of the price and the shipping address.
4.9. Once you receive the Order Acceptance you can no longer cancel or modify your order unless otherwise provided in these General Terms. Dispatched Products can however be returned as set out in Article 8 below.
4.10. From time to time we may invite you to pre-order certain selected Products on the Website before they are available to purchase from the stores or the Website (“Pre-Order Products”). The thirty (30) days delivery term set out in Section 6.4 will not apply to Pre-Order Products. An estimated delivery date for the Pre-Order Products will be communicated to you when we confirm your order.
5.1. You must pay the price of the Products (including applicable VAT, sales taxes or other taxes), the cost of any additional services you order (e.g. additional costs for personalized Products), if applicable, and the associated delivery charges, if any.
5.2. We accept payments made in the currency specified for the country of the shipping destination with the payment methods proposed to you before you confirm your order.
5.3. We will not debit the amount of your order until:
(i) we have confirmed availability of the Products;
(ii) we have sent you the Order Acceptance;
(iii) we have received authorization to debit your card from the card issuer or your Paypal account, if applicable;
(iv) your debit/credit card data or your Paypal account, if applicable, has been verified; and
(v) if you have chosen for the option to pay 50% afterwards, then 50% of the price will be debited after the conditions as set out in sub (i)-(iii) of this Section 5.3 have been met and the remaining 50% after delivery.
5.4. If your payment cannot be processed for any reason, we will cancel your order and our Contract with you will end immediately, without liability to you. We will inform you of this in writing.
5.5. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of our processing of your payment.
5.6. For each order, we will issue an electronic invoice for the purchased Products and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order. No alterations to the e-invoice are possible once the e-invoice has been issued.
5.7. Please note that for Pre-Order Products, payment is not processed at the time of the reservation of the Pre-Order Product but when the Pre-Order Product is available.
- Shipping, Delivery and Collection
6.1. The purchased Products will be delivered exclusively in the Netherlands.
6.2. The purchased Products shall be delivered by a courier service selected by us (“Courier”). Products shall be delivered either to the address indicated by you in the order form or to one of our stores offering pick-up in store service in the shipping country, as selected by you (“Selected Store”). We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to PO Boxes, address of freight forwarders, or hotels.
6.3. The purchased Products will be shipped out only after we receive your payment in full. If we do not receive your payment in full, whatever the reason, we can delay or refuse dispatching the Products without liability to you.
6.4. We will take all reasonable steps to deliver the purchased Products or make them available for collection at your Selected Store within the estimated periods communicated to you during the checkout process before you confirm your order, except if a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs. If the delivery has not occurred within thirty (30) days of the Order Acceptance, you will be entitled to cancel the Contract and we shall, without undue delay, refund you all sums paid under the Contract.
6.5. Upon delivery of the Products by the Courier, you (or the person designated by you) are required to:
(i) verify that the number of packages delivered corresponds to that indicated on the delivery note;
(ii) verify that the packages and their seals are intact, undamaged, not wet or altered in any manner;
(iii) verify that the delivered Products conform to the style, model, color, size, and other characteristics of the Products, as described in the Order Confirmation/Acceptance; are free from any patent defects (including but not limited to cracks, scratches, color variations or other color defects, etc.), and are not incomplete (e.g. missing buttons or attachments);
(iv) sign the delivery note; and
(v) if requested by the Courier, show your ID.
Any damages to the packages and/or the Products, or discrepancies in the number of packages or documentation, or any lack of conformity or patent defects of the Products must be immediately mentioned in writing on the Courier’s delivery note. To the extent permitted under applicable laws, once you’ve signed the Courier’s delivery note, you may no longer make a claim with respect to the delivered packages, provided that you are entitled to subsequently make a claim in relation to the manufacturing defects of the Products as set forth in Article 10 below.
6.6. You can track the status of your shipment by clicking on the link included in the Order Acceptance.
6.7. If you have opted to collect the Products at your Selected Store, you will have a limited period of time indicated to you by email, to collect them. In order to collect the Products in store you will need to show your Order Acceptance and a personal identification. If you (or a person designated by you to collect the Products) fail to collect the Products within this timeframe, we will be entitled to cancel the Contract and refund the price of the Products to you.
- Risk and Title
7.1. The risk of loss of, damage to, and destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you or upon the collection of such Products by you or such person designated by you from your Selected Store.
7.2. Title in the Products shall pass to you on the date on which the Products are delivered to your delivery address or collected at your Selected Store, as applicable.
- Right of withdrawal/cancellation and Returns
8.1. You have the right to withdraw from/cancel the Contract if you change your mind or for any other reason within thirty (30) days from the date on which you (or the person designated by you) take physical possession of the Products or, in case of multiple packages delivered for the same order, the last package delivered.
8.2. The right of withdrawal does not apply to orders for (i) personalized Products, such as monogrammed Products (ii) Products made to measure or to your specifications; (iii) Products likely to be easily deteriorated or expired; and (iv) Products which cannot be sent back given their nature (e.g. unsealed fragrance or cosmetics products), or for hygiene reasons (such as underwear, bathing suits, swim trunks, earrings and pierced jewelry), (v) latex Products and (vi) any other Product that you were informed at the time of submitting your order could not be returned (“Non-returnable Products”).
8.3. To exercise your right of withdrawal, you must inform us of your decision to exercise your right of withdrawal /to cancel the Contract within the period of time mentioned in Section 8.1 above:
- by sending us by email or by ordinary mail:
- the Model Withdrawal/Cancellation Form set out at the end of these General Terms, duly filled in and signed by you,
- a letter including the following information: (i) indication of the Products for which you wish to exercise your right of withdrawal/right to cancel; and (ii) the order number,
to the following recipient’s address or email:
BALENCIAGA – Via Pisana, 336 50018 Scandicci Italy – firstname.lastname@example.org ;
- by completing an online return form on the Website.
8.4. You must return the purchased Products within fourteen (14) days from the date you notified us of your decision to exercise your right of withdrawal/right to cancel, in accordance with Section 8.3) above, in accordance with the instructions set out in our Return Policy at https://www.balenciaga.com/en-nl/legal-notices/return-policy/return-policy.html.
8.5. The Products shall be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with original tags and labels attached along with all accessories and related documents (e.g., instructions booklet, Product certificates, etc.) if any, and undamaged box, if applicable.
8.6. If a returned Product does not meet the conditions for its return, as listed in Section 8.5 above, we will send back such Product to you to the address you indicated in the return form, or if such address is not valid, to the address communicated by you when you placed the order. This return will occur within thirty (30) days from the date we informed you of the rejection of the returned Products, unless a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs.
8.7. We will refund you all amounts paid by you to us, including the delivery charges, if any, (except that, with respect to the delivery charges, the maximum refund, if any, will be the costs of delivery by the least expensive delivery method we offer), within fourteen (14) days from the date we received back from you the Products, or you have provided evidence that you have returned them, whichever is the earliest. We will not refund all amounts paid by you to any third party, notably bank or customs charges, if any. We will refund you using the same payment method that you used when you placed your initial order. If you paid cash on delivery of the Products ordered, if available, cash refunds are not available, and your refund will only be released by wire transfer. Please note that we may reduce your refund to reflect any diminished value of the Products resulting from your handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
8.8. If return in store is available, you can also return the Products purchased through the Website to any of our stores located in Netherlands listed at https://www.balenciaga.com/en-nl/StoreLocator.html, within the timeframe indicated in Section 8.1 above.
8.9. The provisions of Sections 8.1 to 8.8 will apply, except as otherwise provided by our Return Policy at https://www.balenciaga.com/en-nl/legal-notices/return-policy/return-policy.html.
- Exchange of Products
9.1. Without prejudice to your statutory rights according to Articles 8 and 10, and with the exception of Non-returnable Products, we accept exchanges of Products purchased on the Website within thirty (30) days after the date of delivery, pursuant to the procedure set out in our Return Policy at https://www.balenciaga.com/en-nl/legal-notices/return-policy/return-policy.html. We only allow exchange on the same Product (same price/same color) in a different size. If you would like to receive a different Product or the same Product in a different color instead, please return your Product for a refund. Then place a new order online for the Product you would like.
9.2. All exchanges are subject to availability of the new Product requested. Products may be exchanged only once.
9.3. We reserve the right to reject the returned Products and decline exchange if any returned Product for exchange does not meet the conditions set out in Section 8.5.
9.4. Any fees or charges, or other costs whatsoever, incurred as a result of your exercising your right of exchange in accordance with this Article 9, including but not limited to any delivery charges incurred for returning the Products, shall be borne by you unless the Products are faulty or defective.
- Lack of Conformity - Manufacturing Defects
10.1. If you find that a Product sold by us on the Website has manufacturing defects or is not as described (excluding any non-conformity to the Order Confirmation/Acceptance or those patent defects that should have been identified and indicated at the time of delivery pursuant to Section 6.5), please contact immediately our Client Services by calling +44 20 33 18 60 32 or by sending an email to email@example.com to arrange for the repair or exchange of the Product.
10.2. We provide a warranty for any lack of conformity to the Contract of the Products we have sold to you on the Website, under the conditions set forth in 7:17 and following of the Dutch Civil Code, as well as a warranty against any hidden defects, as set out in Article 7:23 Dutch Civil Code.
A lack of conformity of the Product is presumed if the non-conformity becomes apparent within 6 (six) months after delivery. You may claim that the Product does not conform to the contract after you have notified us thereof promptly after you have, or reasonably should have discovered the defect. Such notification must take place promptly upon the discovery. Notification within two (2) months after the discovery of the defect is in any event considered timely. You can choose between having the Product repaired or replaced. Only if repair or replacement is impossible or cannot be required from us, you may cancel the contract (if justified in light of the nature of the defect), or reduce the Product’s price. In case of non-conformity, you have a period of two years starting from the date of notification of the defect to us to file a claim.
10.3. Damage, alteration or modification to the Products caused by you is not a manufacturing defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as direct exposure to the sun light or heat, contact with liquid, rain or food); normal tear and wear; non-observance of applicable care and/or cleaning instructions, are not manufacturing defects or a lack of conformity. Likewise, variations in the texture, natural markings or irregularities of natural Products (such as leather or fabric) are inherent to the Product and not manufacturing defects.
10.4. In the event you request the repair, replacement or return of a Product due to manufacturing defect pursuant to this Article 10, we will bear the delivery costs for returning the Products to be repaired, replaced or returned, as well as any costs to deliver back to you the repaired or replaced Products.
11.1. Nothing in these General Terms seeks to exclude or limit our liability for:
- personal injury or death resulting from our negligence;
- fraud or fraudulent misrepresentation;
- breach of any obligations implied by applicable consumer protection laws; or
- any other cause of action which cannot be limited or excluded under applicable law.
11.2. Subject to the above, our aggregate liability which shall be limited solely to direct damages, caused by our breach, that you suffer in respect of all claims and causes of action, arising under or in connection with these General Terms and each Contract, shall in no event exceed the price of the Product(s) purchased by you on the Website under that Contract. We are not liable for damage or loss that either you or we could not reasonably have foreseen at the time you accepted these General Terms. We shall not be liable to you for any indirect damages.
11.3. We are not responsible for any delay or failure to perform any of our obligations under these General Terms if the delay or failure is caused by a force majeure event or arises from any cause which is beyond our reasonable control, including without limitation any of the following: act of God, governmental act, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, revolution, insurrection, invasion, military or usurped power, confiscations, terrorist activities, national strikes, lockouts, embargo, interruption or failure in information, technology, electricity or telecommunications services, failure of third parties (such as our suppliers and subcontractors) to perform their obligations to us.
11.4. If you do not comply with the eligibility conditions set out in Article 1, we are not liable towards you for any damage or loss caused by us.
- Guarantee of Authenticity and Intellectual Property Rights
12.1. We guarantee the authenticity of all Products purchased on our Website.
12.2. BALENCIAGA trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain the exclusive property of our licensors and are protected by applicable copyright, trademark, or other intellectual property laws around the world. Kering Group and We reserve all such rights.
- Promotions and Special Offers
13.1. We may offer you promotions and special offers from time to time. The terms of such promotions and special offers will be specified on the Website (e.g. start and end date of the promotions and offers; minimum order value, if any). Promotions and offers cannot be used in conjunction with any other promotion or offer. To receive the discount or offer applied, you must place your order within the specified date range. The promotional or special offer code must be entered at the time of checkout.
13.2. We reserve the right to (i) end such promotion or special offer early and reject the promotional code at any time, and to (ii) refuse to allow you to participate in the promotion or special offer.
- Entire Agreement
14.1. These General Terms and any document expressly referred to in them represent the entire agreement and understanding between us in relation to the sale of Products from us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- Applicable Law and Jurisdiction
15.1. These General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of the Netherlands (without reference to its conflict of law provisions).
15.2. Any disputes arising out of, or relating to, these General Terms and the Contracts shall be submitted to the jurisdiction of the competent courts.
15.3. You may access the European Online Dispute Resolution Platform provided by the European Commission and available at http://ec.europa.eu/odr, for alternative extra-judicial resolution of disputes that cannot be resolved between you and us.
- Contact us
For further information and assistance with the Website, you may contact us in one of the following manners:
- By sending us a communication to BALENCIAGA Via Pisana, 336 50018 Scandicci Italy
- By sending us an email at firstname.lastname@example.org
- By calling us at +44 20 33 18 60 32
- or via the contact form in the Client Services section of our Website.
Any notice to be given under these General Terms or the Contracts will be in writing. We will contact you by email, telephone, SMS or provide you with information by posting notices on our Website.
Model Withdrawal/Cancellation Form
(complete and return this form only if You wish to withdraw from the Contract)
To BALENCIAGA Via Pisana, 336 50018 Scandicci Italy – email@example.com
I/We(1) hereby give notice that I/We(1) withdraw from my/our(1) contract of sale of the following goods(1)/for the provision of the following service(1),
Ordered on(1)/received on(1),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(1) Delete as appropriate