BALENCIAGA - GENERAL TERMS AND CONDITIONS FOR DISTANCE SALES OF PRODUCTS (OTHER THAN ON THE WEBSITE)

The following General Terms and Conditions for Distance Sales of Products(other than on the Website) (the “Terms”) shall govern exclusively the offer and distance sale of products (i) by telephone or (ii) finalized and paid online following an in-store order by Balenciaga, with offices at 65 Bleecker Street 3rd Floor 10012 New York UNITED STATES (the “Seller” or “We”). These Terms do not apply to sales made solely on https://www.balenciaga.com (the “Website”).

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SELLER. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

1. SELLER TO CONSUMER TRANSACTIONS

1.1. The Seller offers products for sale by telephone exclusively to end purchasers who are consumers and are 18 years old or over, who are purchasing such products for their own personal use and not for resale (“Consumers”).If you are not a Consumer, please do not buy any products from the Seller via this method.

1.2. The Seller reserves the right not to accept any orders (i) received from clients who are not Consumers, or (ii) which do not comply with these Terms. Each order will be governed by the relevant version of the Terms applicable in the country in which delivery of the products is requested by you. Applicable Product price will be that applicable in the country in which delivery of the products is requested by you. 

1.3. These Terms will govern the offer and acceptance of purchase orders of products between the Seller and the Consumer placed (i) by telephone or (ii) in-store and finalized online via a payment link, as well as the delivery of such products.

2. HOW TO COMPLETE A DISTANCE PURCHASE (OTHER THAN ON THE WEBSITE) WITH THE SELLER

2.1. In order to place an order for the purchase of one or more product(s) with the Seller, You must:

a) Either call the Customer Service at +1 646 889 1895 or one of the Seller’s stores, or

b) Place an order with a sales assistant in one of the Seller’s stores.

In both cases, You must provide all the information (such as your identity and contact details, product details, delivery and billing addresses, payment information, etc.) requested by the sales assistant or Customer Service advisor taking the order.

2.2. Before placing Your order, the sales assistant or Customer Service advisor will inform You of the identity of the Seller, the main characteristics of each product You are considering ordering and corresponding unit price (including all applicable fees and taxes), payment and delivery conditions, as well as Your right to cancel (including the address to which You can return the products) as set forth in Clause 8 below. If You decide to purchase over the telephone or by online link following an in-store order, the Seller will send You a copy of these Terms, by email, prior to the completion of Your purchase. Please read these Terms carefully.

2.3. You must agree to these Terms prior to placing an order. By placing an order, You acknowledge that You have read these Terms and accept and undertake to comply with them.

2.4. After placing Your order, the Seller will send You an order confirmation by email, containing a summary of the information related to the order (the main characteristics of the products, detailed information on the price, shipping and billing details), as well as a copy of these Terms on a durable medium (the “Order Confirmation”).

2.5. By placing a telephone order or an in-store with online link order with Seller, You consent to receiving electronic communications from Seller. Such electronic communications may include notices about applicable fees and charges, transactional information and other information concerning Your order. These electronic communications are part of Your relationship with Seller, and You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

2.6. The sale contract (the “Contract”) is completed once We issue the Order Confirmation.

3. SALE OF PERSONALIZED PRODUCTS OR PRE-ORDERED PRODUCTS

3.1. You may be able to order products even if such products are not yet available (the “Pre-ordered Products”) and products which You can choose to personalize (“Personalized Products”).

3.2. By way of exception to Clause 6 below, if You purchase, in one order, more than one Pre-ordered Product or Personalized Product with different delivery dates, all such products may be shipped together in one same delivery on the estimated date on which the last of the products is available.

3.3. Please note that, given their bespoke nature, the cancellation right under Clause 8 below will not apply to Personalized Products, which cannot be returned unless there is a defect or We have made an error (and not merely because You have changed Your mind).

4. PRODUCTS - WARRANTIES

4.1. The Seller solely sells products bearing the “Balenciaga” trademark.

4.2. The features and price of the products are described on the Seller’s Website product page or in Seller’s catalogs available in each shop. Any images of the products and any packaging (if applicable) on the Website or in such catalogs are for illustrative purposes only. Although We have made every effort to display products accurately, minor variations from images and descriptions can occur including due to color reproduction in product photographs.

4.3. All products sold by the Seller will bear an identification tag attached by means of a disposable seal. If You wish to return the purchased products, please keep the tag and the seal and return them with the products.

4.4. During the expected lifespan of Your product, We agree to provide You with the following warranty: (a) for up to 30 days following Your receipt of the product, if Your product is defective, You are entitled to a full refund; (b) for up to 6 months following Your receipt of the product, if Your product is defective and can't be repaired or replaced, then You are entitled to a full refund in most cases; and (c) up to 6 years, if Your product does not last a reasonable length of time You may be entitled to some money back.

5. PAYMENT

5.1. Payment of the purchase price of the products and of the delivery charges must be made via a payment method accepted by Seller (e.g. credit card) by providing Your payment information electronically, within twenty-four (24) hours of the placement of Your order with the Seller, using the link sent to You by the Seller by email. Failing to provide Your payment information within this timeframe will result in the automatic cancellation of Your order.

5.2. Types of payment accepted will be communicated by telephone or in the email containing the link to pay.

5.3. By providing Your payment method details (such as card number and expiration date), You expressly authorize Seller and/or Seller’s third party payment processor to charge the applicable purchase price (including any applicable taxes and other fees) on said payment method and to issue any possible refund should any product be returned as a result of the exercise of Your cancellation right. You acknowledge and agree that Seller may, if necessary, provide information about You and/or Your payment method to governmental authorities or other appropriate bodies for the purpose of the prevention of frauds or the notification of fraudulent or other illegal activities.

6. SHIPPING AND DELIVERY

6.1. Deliveries cannot be made to sanctioned countries as per applicable laws.

6.2. The shipping and delivery terms as well as the related charges will be those agreed upon during the order process and set forth in the Order Confirmation. Maximum delivery time is thirty (30) days as from the Order Confirmation, subject to the provisions of Clause 3.2.

6.3. The Seller will send You an email to inform You when Your order has been shipped and allow You to track it.

7. CUSTOMER SERVICE

For any information, after-sales support or claims, please contact the Customer Service at +1 646 889 1895 or email Seller from the contact form You will find in the customer service section on https://www.balenciaga.com.

8. CANCELLATION RIGHT

Except for (i) Personalized Products, (ii) those likely to easily deteriorate or perish and (iii) those which are not suitable for return given their nature (e.g. fragrance), or due to hygiene reasons, You are entitled to cancel Your Contract in accordance with the following instructions:

8.1. Right to cancel

Unless You have purchased a Personalized Product, You may cancel Your Contract, without giving any reason, within 30 days from the from day on which You or a third party (other than the carrier delivering Your product) acquires physical possession of the product(s) or, in the case of multiple products in one order delivered separately, the last product (the “Cancellation Period”).

To exercise the right to cancel, You must inform the Seller at the address indicated in the the documents which are delivered together with the product(s) of Your decision to cancel this Contract by an unequivocal statement (e.g., by a letter sent by mail). You can also electronically fill in and submit the model cancellation form or any other unequivocal statement via the Seller’s contact form accessible at https://www.balenciaga.com. If You use this option, the Seller will communicate to You an acknowledgement of receipt of such a cancellation by email.

To meet the cancellation deadline, You must send (or postmark, if sending by mail) Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.

8.2. Effects of cancellation

If You cancel the Contract during the Cancellation Period and return the product(s) in the original, unopened packaging, the Seller will reimburse to You all payment received from You, including the cost of delivery to You (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by the Seller) no later than 14 days from the day Seller receives Your returned product. The Seller will provide such reimbursement using the same method of payment You used for the initial transaction. The Seller, in its discretion, may withhold reimbursement until it has received the products back or You have supplied evidence of having sent back the products.

You shall send back the products or hand them over to the Seller, at the address indicated in the documents which are delivered together with the product(s), without undue delay and in any event not later than 14 days from the day You send your notice of cancellation of the Contract to the Seller. The deadline is met if Your shipment is postmarked before the period of 14 days has expired.

You will have to bear the direct cost of returning the products.

You shall be liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products. Such value shall be deducted from the reimbursement You receive from Seller.

9. PRIVACY

9.1. Please refer to our Privacy Policy attached to these Terms for any information on the processing of Your personal data.

9.2. You have the right to register on the National Do Not Call Registry.

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE SOLD "AS IS" WITH NO WARRANTIES EXCEPT AS STATED HEREIN OR IN WARRANTY INFORMATION ACCOMPANYING THE PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. You acknowledge that no employee of Seller or its affiliates is authorized to make any representation or warranty on behalf of Seller that differs from those described herein.

10.2.SELLER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, SELLER IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT PAID FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY SECTION IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.

11. APPLICABLE LAW - DISPUTE

11.1. The Federal Arbitration Act and the laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the New York, New York.

11.2. For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

11.3.There are no third party beneficiaries to these terms. Only You and the Seller have the right to enforce any provision under these Terms.

12. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please Read This Provision Carefully. It Affects Your Legal Rights.

12.1. This Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Seller. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against us in the same proceeding.

12.2. This Provision provides that all disputes between You and the Seller shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND SELLER AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

12.3. Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give us an opportunity to resolve the Dispute which is first done by emailing us at https://www.balenciaga.com the following information: (1) Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If we do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.

12.4. Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, You or Seller may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at https://www.balenciaga.com the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with us. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

12.5. Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or Seller may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Seller may initiate arbitration in either New York or the federal judicial district that includes Your billing address. In the event that You select the latter, we may transfer the arbitration to New York so long as we agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

12.6. Class Action Waiver 

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and we specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

12.7. Jury Waiver

You understand and agree that by accepting this Provision in these Terms, You and Seller are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and Seller might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

12.8. Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

13. GENERAL

13.1. The headings used in these Terms are for reference purposes only and do not have contractual or binding effect.

13.2. If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.

13.3. The terms and conditions set forth herein constitute the entire agreement and understanding between You and Seller with respect to the subject matter set forth herein and supersede all prior or contemporaneous communications or proposals, whether written or oral.

13.4. Seller’s waiver of any provision of these Terms, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms will not operate to excuse performance or waive any such right to require strict performance at any future time.

13.5. The Seller may freely transfer its rights and/or obligations under these Terms to another entity.