The following General Terms and Conditions of Sale (hereinafter the “Terms of Sale”) shall govern the offer and sale of the Moncler products (hereinafter, the “Products” or the “Product”) concluded remotely via our website www.moncler.com (hereinafter, the “Website”). Please read these Terms of Sale carefully before ordering any Product on the Website.
The vendor of the Products is Industries S.p.A. (hereinafter “Moncler” or the “Vendor” or “We” or “Us”), a company subject to the direction and coordination of Moncler S.p.A., with its registered office in Via Stendhal 47, 20144 - Milan, Italy; VAT and Fiscal Number IT04804070961; Company Registry number 1773341, share capital of EUR 15.000.000, fully paid-in.
Requests for information shall be made through our Customer Service: click here. For any assistance, please go to the Client Service area, where information on orders, shipping, complaint handling, refunds and returning the Products purchased on the Website are available, as well as other general information on the services provided by Us on the Website. For any other legal information, please visit the sections: General Terms and Conditions of Use, Return Policy, Privacy Policy e Cookie Policy . Additional terms and conditions may apply from time to time to single services offered by Moncler on the Website. Such terms and conditions will be displayed on the Website at the time of presentation of the specific service.
1. OUR BUSINESS POLICY
1.1
The remote selling service governed by these Terms of Sale is reserved exclusively to consumers who purchase the Products for personal use (hereinafter, the “Customers” or the “Customer”). For the purpose of these Terms of Sale, Customer shall mean any individual of age who is acting for purposes which are outside the scope of his or her trade, business, craft or profession.
1.2
The Vendor reserves the right not to process orders received from users of the Website who are not, or that Moncler has reasons to believe are not, Customers, as well as any other order which does not comply with these Terms of Sale.
1.3
These Terms of Sale shall govern the offer, transmission and acceptance of purchase orders relating to the Products sold on the Website and together with the purchase order accepted by the Vendor, constitute the purchase contract between the Customer and the Vendor.
1.4
These Terms of Sale do not govern the supply of services or the sale of the Products performed by third parties that the Customer may be able to access on the Website through links, banners or other hypertext links. Before sending orders and purchasing the Products and services from those third parties, we recommend that the Customer verifies the third party’s terms and conditions, since the Vendor shall under no circumstances be liable for the supply of services and/or products provided by third parties or for the execution of transactions between the users of the Website and third parties.
2. HOW TO EXECUTE A CONTRACT WITH THE VENDOR
2.1
Display of the Products on the Website constitute an invitation to make an offer for their purchase.
To place an order for the purchase of one or more Products on the Website (the “Order”), the Customer shall: (i) select one or more Products offered for sale on the Website, (ii) select the size and colour, (iii) add the selected Products to the “Shopping Bag”, (iv) fill out the online order form with all the information required (personal details, shipping address and payment details), (v) accept these Terms of Sale and (iv) confirm the order at the end of the check-out page.
Alternatively, the Customer may submit an order by phone through our “Buy on behalf” option. By choosing this option, the Customer may call our Customer Service free of charge at +61 1800 413 740, and will be guided through his/her online purchase.
Once the Products, size and colour have been selected and once everything is confirmed to our Customer Service, the Customer will receive a link to the email address indicated at the time of registration on the Website or provided to the Customer Service. The Customer shall click on the link to complete the order and accept these Terms of Sale before proceeding to pay.
Submission of the Order by sending the online order form and confirmation via the check-out page constitutes a purchase proposal, binding on the Customer, without prejudice to the right of withdrawal set forth in article 8 below.
2.2
Before submitting the Order, the Customer is required to verify the correctness of its content through the Shopping Bag and the only order form filled out, correcting any errors. The Customer will be no longer able to change the Order once submission will be completed. On the check-out page, the Customer will find a summary of the main characteristics of each Product ordered and the corresponding unit price (including all applicable fees and taxes), the type of payment that the Customer may use in order to purchase the Products, shipping terms for the ordered Products, shipping and delivery costs and the terms and conditions for returning the Products ordered.
2.3
Before submitting the Order, the Customer shall carefully read and accept these Terms of Sale. The Customer shall not be allowed to proceed with the order without having previously accepted these Terms of Sale. These Terms of Sale can be printed, using the “print” option and saved for own personal use. Moncler invites the Customer to store a copy of these Terms of Sale for future use. Should the Customer not agree with certain provisions contained herein, the same is requested not to submit any Order.
2.4
An Order shall be deemed to have been submitted upon receipt in electronic form by the Vendor and once it has been verified that the information contained in the Order is correct.
2.5
The Order form will be filed in our database for the time required to process the same and as provided by law. The Customer may access his/her order form by clicking on the section called Track Orders, within the Client Service area of the Website.
2.6
We will make all reasonable efforts to ensure that the prices and other information about Products displayed on the Website are accurate and up-to-date. However, the inclusion of any Product on the Website does not imply, warrant or guarantee that the same will be available at the time the Customer wishes to confirm an Order to purchase the same. Therefore, occasionally, if one or more Products are unavailable at the time of the Order on the Website, the Vendor may not be able to process the Order sent by the Customer. Furthermore, Orders will not be considered as submitted and will not be processed if Orders are incomplete or incorrect. Moncler may conduct fraud prevention checks prior to processing the Order.
In all the above cases, we shall inform the Customer by email that the Vendor has not processed the Order specifying the reasons thereof. If the Products displayed on the Website are no longer available at the time the Vendor receives the Order, the Vendor shall inform the Customer on a timely manner and, in any case, within the subsequent fourteen (14) days. If the Order has been sent and the price has been paid for Products that are no longer available (by way of example this could occur in cases where the payment is processed by third suppliers), the Vendor will refund the amount paid for those Products without undue delay.
2.7
Once the Order form has been received and processed by the Vendor, the Customer shall receive a Purchase Order acknowledgment e-mail, containing a summary of the information related to the Order (Terms of Sale, the Products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs). This e-mail shall not be construed as acceptance of the Order; acceptance of the Order Proposal and execution of the contract are governed by article 2.8 below.
Depending on the type of payment selected by the Customer, the payment of the price due may occur upon submission of the Order or upon shipping of the same. Please note that the Order acknowledgement e-mail and any payment of the price made before the order shipping confirmation is sent, do not constitute acceptance thereof by the Vendor.
2.8
The contract between the Vendor and the Customer shall be deemed concluded, for each Product, only at the time the Order is submitted by the Customer or at the time of shipping, depending on the payment method used and the moment the amount is debited. It is hereby understood that, if the Vendor withdraws from an Order for which the price has been already debited (by way of example this could occur in cases where the payment is processed by third suppliers) or cancels an Order for which a charge has not yet been made, the relevant amount shall automatically be refunded at the time of withdrawal or cancellation of the Order.
The Vendor reserves the right to accept and/or refuse the Customer’s Order, in whole or in part in the event of (i) unavailability of the purchased products; (ii) suspicion of fraudulent activity; (iii) unsuccessful payment. Therefore, in the event of partial acceptance, the relevant partial amount will be charged and the Products will be dispatched only for the part of the Order accepted.
3. DESCRIPTION OF PRODUCTS, PRICES
3.1
On the Website, only Products with the “Moncler” trademark are offered for sale. The Moncler Products are sold on the Website exclusively by the Vendor and in no event will it be possible to purchase on the Website Products offered by parties other than Moncler.
3.2
The Vendor does not sell Products that are second-hand, flawed or of lower quality compared to the corresponding market standards. In case of lack of conformity, the Customer is entitled to enforce the legal warranty under article 9 of these Terms of Sale.
3.3
The information relating to the Products, the Products’ code and the relevant prices are shown on the Website, on each Product description page. The graphic representation of the Products provided on the Website may differ from reality; the Customer shall therefore rely exclusively on the description of the Product and of the characteristics indicated on the Website.
3.4
Prices of Products are displayed on the Website and are inclusive of all applicable taxes and duties. Any shipping and delivery costs, if any, shall also be added to the price of the Products. The Vendor reserves the right to change the prices at its discretion and without prior notice. In case of price reductions, such reductions will be displayed on the Website alongside with the original price of the Product and in any event in compliance with the requirements set forth by applicable national laws implementing the Directive (EU) 2019/2161 and subsequent amendments. Please check the final price of sale before submitting the relevant order.
3.5
All Products sold on the Website come with an identification tag. The Customer shall not remove or alter the tag from the purchased Products should the latter wish to return them.
4. PAYMENTS
4.1
Payment of the Product prices and relevant costs for shipping and delivery must be made by using one of the types of payment indicated in the relevant sections of the Website and on the order page.
4.2
In case of payment by credit/debit card, all details (for example, card number or expiration date) shall be sent by encrypted protocol to the provider of remote electronic payment services, without third parties having any access thereto whatsoever. Such details shall be used by the Vendor exclusively to process the purchase or issuing refunds in the case of returns in compliance with the exercise of the Customer’s return right or for reporting cases of fraud to the police. Depending on the type of payment selected, the price for the purchase of the Products and the corresponding costs for shipping and delivery, as indicated in the order form, shall be charged to the chosen type of payment from the Customer’s current account when the purchased Products are actually shipped or at the time of submission of the order (by way of example this could occur in cases where the payment is processed by third suppliers).
Please note that some commissions on the international transaction could be charged to the Customer by his/her bank. These commissions can’t be foreseen by the Vendor and will not be reimbursed to the Customer by the Vendor.
4.3
In the event of payment by credit/debit card, the Customer warrants that he/she is the owner of the card used for the purchase and that all data relating thereto is correct. Transactions shall be charged to the Customer’s credit card after verification of the credit card data entered, and after the debit authorization has been received from the company issuing the credit card used and the availability of the Products has been confirmed by the Vendor.
5. SHIPPING AND DELIVERY OF THE PRODUCTS
5.1
The Customer may opt to receive the Products he/she has purchased at the address indicated in the Order in one of the countries listed under the section “Choose your Country” available on the Website, or by collecting the Product at a Moncler boutique (where the option “Pick up in Boutique” is available) located in the country selected at the time of purchase. Orders made from countries where delivery is not offered and thus non included in the list “Choose your Country” shall not be accepted by the Vendor and the Customer shall not be allowed to proceed and submit the order form.
If the Customer has chosen delivery through “Pick up in Boutique”, We shall inform the Customer of the Products’ arrival at the boutique by e-mail. In this case, the Customer must collect the purchased Products from the chosen boutique within fifteen (15) days from the date on which the aforementioned e-mail is sent.
Should the Products not be collected within the aforementioned period of 15 days, the Order will be automatically cancelled and the Customer will no longer be entitled to collect the Products. As a result of the cancellation of the Order, the Customer shall be reimbursed for the amount paid, delivery costs (if any) excluded, on the same type of payment used for the purchase, within the time frame set forth in article 8.4 below.
5.2
In order to collect the Products ordered at the Moncler boutique selected at the time of purchase, the Customer shall show the sales assistant a copy of the delivery confirmation e-mail, as well as a personal identification document. If the Customer requests another person to collect the order, he/she shall be required to provide the delivery confirmation e-mail, a photocopy of the Customer’s identification document, a document in which the Customer authorises him/her to collect the order, and his/her own identification document.
Please note that in case of the “Pick up in Boutique” option, payment for the items may not be made at the point of sale. Payment shall be processed online as per orders delivered to a specific personal address.
If the Customer has selected delivery to a Moncler boutique, the delivery timings and costs are the same as those for delivery to any other chosen address.
5.3
For more detailed information on the modalities of Products shipping and delivery, costs and time, please see the link Client Service area. Please read the relevant section of the Website carefully. The information provided therein forms an integral part of these Terms of Sale and, consequently, shall be deemed to be fully read and accepted by the Customer at the time the order is sent.
6. ADDITIONAL SERVICES AND NFTs
6.1
Moncler may from time to time or during particular commercial events or launches of new Products, offer - directly and/or indirectly - to Customers additional services, such as, by way of example, the possibility of obtaining (free of charge or upon payment of the relevant price) one or more NFTs associated and/or to be associated with one or more specific garments purchased online. The additional services and NFTs shall be governed by specific terms and conditions of purchase and/or use which will be published on the Website from time to time and which the Customer shall accept in order to access, redeem and/or use the service. In some cases, the services may require the prior download and use of dedicated applications, including the Moncler App.
6.2
The services and any digital content offered by Moncler shall be subject to the conformity warranty provided by the law applicable to the Customer, pursuant to Directive (EU) 2019/770 and the relevant implementation in applicable local laws.
7. CONTACTS - CLIENT SERVICE
For any information about Products or any inquiry regarding Orders, please contact our Client Service at the following link (Client Service).
8. RIGHT OF WITHDRAWAL
8.1
The Customer may cancel the contract with the Vendor in relation to Products purchased on the Website, without incurring any penalty and without specifying the reason thereof, by notifying the Vendor in writing, following the procedure described under article 8.3 below or by returning the Products directly to a Moncler boutique selected among those available in the Country where the Order was dispatched. It will not be possible to return the Products to a Moncler boutique located in a Country other than that where delivery was made.
In order to exercise the right to cancel the contract, the Customer shall notify us in writing within twenty (20) calendar days, beginning on the day in which the Products were received (in case of purchase of multiple goods, shipped separately, the 20 days shall start from receipt of the last shipment), or, if the “Pick Up In Boutique” option (if available) was selected at the time of purchase, from the date in which the Products were collected at the Moncler boutique (such notice shall be deemed to have been sent, in the event of failure to collect the Products pursuant to article 5.1 above). In this case the Customer shall receive a full refund of the price of the Products, including standard delivery costs, where applied (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses related to the delivery option selected by the Customer) in accordance with this article 8 and article 11 below.
Additional information on our Return Policy on the Website.
8.2
If the Customer decides to cancel the contract, he/she shall return the Products to the Vendor within fourteen (14) calendar days from the date the Vendor was notified of the intention to withdraw from the purchase contract. Products shall be returned in the same condition in which they have been received. Return is free of charge if the Customer uses the return service (please see articles 8.3 and 8.5 below).
Once the Products are received, We shall verify that all conditions set forth under article 8.3 are met and will inform the Customer by e-mail if the return has been accepted.
If the Customer has decided to return the Products to a Moncler boutique selected among those available in the Country where dispatch has been made, the same shall take them to the pre-selected Moncler boutique within twenty (20) days of receiving them. It will be sufficient for the Customer to present the Products to the sales assistant in their original packaging, if possible and if still intact, together with the delivery receipt contained in the original packaging and the dust bag, if included inside the package at the time of delivery of the Order. The assistant will fill out the return form and check that the Products comply with the terms and conditions indicated in article 8.3 below. Delivery of the Products to the sales assistant is equivalent to acceptance of the return by the Vendor.
8.3
To return the Products:
the Customer shall notify Us in writing within twenty (20) calendar days, beginning on the day of receipt of the Products by completing and submitting the online Return Form or by contacting our Client Service free of charge at +61 1800 413 740. If the Customer uses the online form, We will promptly acknowledge receipt of the form by e-mail to the address provided when submitting the order. In any event, the Customer shall keep a record of the form acknowledgement receipt; alternately, the Customer may return the Products directly to any Moncler boutique in the same country where delivery of products has occurred selected among those listed under section “Choose your Country” at the time of purchase;
8.4
If the Customer legitimately cancels the contract pursuant to this article 8, We will process the refund due as soon as possible and, in any event, within:
8.5
Unless the Customer returns the Products to a Moncler boutique selected among those listed on the Website and located in the same Country where the Products were dispatched, the Customer may return the Products to the Vendor either by:
1) the courier indicated by Moncler in the online return form, via the pre-paid, personalised return label enclosed in the original order; or
2) by packing the relevant Products securely and sending them to the Vendor, under the sole responsibility of the Customer, using a different carrier or other postal shipping method using the return number provided once the Customer has completed the online return form.
In order to ensure prompt processing of the return and to guarantee the security of the returned Product, the Vendor recommends the use of the free return services described under (1). In the event that the Customer returns the Products using the method under (2) instead of the courier approved by the Vendor, We recommend, for the Customer’s interest, that a courier service be used.
Please note that Products returned under the right of withdrawal shall be shipped from the same Country in which they have been dispatched.
8.6
The withdrawal right set out in this article 8 does not apply to:
8.7.
8.7.1
The Customer has an obligation to take reasonable care of the Products while they are in his/her possession.
8.7.2
The Vendor reserves the right to refuse the return of Products that are damaged, soiled or are in such a state as to suggest, unequivocally, that they have been used for purposes other than the Customer’s verifications that are strictly necessary to ascertain their characteristics.
In any case, the Customer shall be held liable for the reduction in value of the Products; the Vendor reserves the right, at its own discretion, to take legal action against the Customer to ascertain such reduction and, in subordination to the hypothesis of refusal of the return, to withhold from the refund due to the Customer the sum corresponding to the damage caused to the returned Product.
9. PRODUCTS RETURNED BECAUSE THEY ARE DAMAGED, DEFECTIVE OR FOR LACK OF CONFORMITY (“LACK OF CONFORMITY”) ACCORDING TO THE LEGAL WARRANTY
9.1
If there are production defects or lack of conformity (“Lack of Conformity”), the Customer is entitled to total restoration of Product conformity by, at his/her discretion, repair (where possible) or replacement free of charge. In the event that such remedies are objectively impossible or excessively onerous, the Customer shall have the right to request from the Vendor an appropriate price reduction or withdrawal from the contract, and the consequent reimbursement of the price paid.
This conformity warranty also applies to Products sold on the Website that incorporate or are in any way associated with a digital element.
If the Customer returns a Product because of a Lack of Conformity and requests reimbursement of the price, in addition to the price of the Product, We will refund the delivery charges paid at the time of purchase. Return of the Product is free of charge if the Customer uses the pre-stamped label that the Customer will receive by contacting our Customer Service. If the Customer decides to use his/her own delivery service instead of our pre-paid return service, the Customer shall bear the costs for the return of the Product and assumes all liabilities for the risks of loss or damages to the Product returned.
9.2
The Vendor shall only be liable for lack of conformity that becomes apparent within twenty-four (24) months of delivery of the Product, except as may be provided for by applicable law according to the Customer’s Country of residence. Claims for defects shall be time-barred within twenty-six (26) months from delivery of the Product, subject to applicable laws of the Customer’s Country of residence.
If the Lack of Conformity occurs within 20 days of the Products being received, the Customer may return the same by following the procedures outlined above under article 8.3 above. In all other cases, the Customer is requested to contact the Client Service to obtain further information on how to return the Product to us and follow the procedure described under article 9.3 below.
The Customer shall have a legal obligation to take reasonable care of the Products whilst they are in his/her possession, even if they have a Lack of Conformity, so to allow Moncler to conduct the required inspections.
9.3
To return the Products affected by a Lack of Conformity:
PLEASE ALWAYS REMEMBER TO INCLUDE THE DELIVERY AND/OR PURCHASE RECEIPT INSIDE THE RETURNED PACKAGE.
9.4
The Vendor shall examine all Products returned as damaged or defective and notify the Customer of the acceptance of his/her return request via e-mail as soon as practicable within a reasonable period of time. If the Customer requires a refund of the price (or in cases where repair or replacement of the Product is not possible), We shall process the refund due as soon as possible and, in any event, within fourteen (14) days from the day We confirm via e-mail that the return has been accepted by the Vendor. The Vendor shall refund the price of the Product in full, including the cost of delivery for sending the item to the Customer and the cost incurred by the Customer in returning the item to the Vendor, where the Customer use the pre-paid return services offered by the Vendor.
In the event that the Vendor finds no fault with the returned Products, or if the Vendor has reasons to believe that the Products have been damaged due to misuse, the Customer shall be notified that the returned Products cannot be accepted and the Customer may elect to have the Products re-delivered to him/her. No refund shall be made in this case. If the Customer does not accept re-delivery, the Vendor reserves the right to retain the Products and the purchase price and recover the Vendor’s fees and expenses from the Customer, unless the Product was returned - in compliance with the requirements set forth under article 8.3 - within the 20-days term from receipt of the same by the Customer.
9.5
Refunds for returns due to Lack of Conformity, unless differently agreed with the Vendor, shall be processed on the same means of payment used for the purchase of same. Accordingly, if the recipient of the Products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returns shall be refunded by the Vendor to the individual who made the payment.
9.6
The Vendor shall refund the price of the Products in accordance with the applicable timeframes as specified in articles 8 or 9. To the extent permitted by applicable law, the Vendor shall not be responsible for any delay that is beyond its control, including for delays caused by the means of purchase or refund, including by way of example:
10. PRIVACY
10.1
The Customer will find information on processing of personal data by clicking our Privacy Policy e Cookie Policy.
10.2
We also request users read, if not already done so, our Terms of Use as they contain important information on how We process the personal data of our users and the security systems we have adopted.
10.3
For further information on our Privacy Policy e Cookie Policy the Customer may contact our Client Service at the link Client Service selecting “Privacy” from the drop-down menu, or send requests to privacy@moncler.com.
11. OUR LIABILITY
11.1
Nothing in these Terms of Sale will exclude or limit our liability to the Customer for death, personal injury or non-pecuniary damages caused to the Customer by our negligence or inaccuracy under any consumer law or regulation or any other liability which may not be excluded or limited under applicable laws.
11.2
Without prejudice to the above, We shall in no event be liable to the Customer on any grounds whatsoever as a result of any damage or loss caused by the Products, without prejudice to the application of the mandatory rules of law on product liability, damage not caused by the Vendor’s default, as well as for any loss of profit, income, business, or commercial revenue or goodwill; loss or corruption of or damage to data; or any loss or damage which was not a consequence of our breach of the contract with the Customer or our breach of legal duty of care.
12. PRODUCT AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
12.1
The “Moncler” trademark, the figurative and/or shape marks and more generally all trademarks, logos, images and illustrations and more generally all intellectual property rights relating to the Products are and shall remain the property of the Vendor. Reproduction, modification, tampering with or use of said trademarks, logos, images and illustrations for any reason whatsoever and on any medium whatsoever shall be deemed to be prohibited.
13. GOVERNING LAW AND DISPUTES
These Terms of Sale are governed by Italian law and shall be construed in accordance with the same, without prejudice to any other interpretative rule that is more favourable to the Customer, which is provided by the law of the Country where the Customer habitually reside. In case of disputes arising from these Terms of Sale and/or the purchase contract, the competent Court of the Customer’s habitual place of residence or domicile shall have exclusive jurisdiction.
Mandatory consumer information on dispute resolution
Customer information pursuant to Regulation (EU) No. 524/2013: the Customer is hereby informed that for the purpose of settling consumer disputes out of court, the European Commission has established a platform for online dispute resolution (ODR). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.
Customer information pursuant to the Consumer law on dispute resolution for consumers: the Customer acknowledges that the Vendor has no obligation to participate in any dispute resolution proceedings before a consumer arbitration panel.
Should the user act within the scope of a business and entrepreneurial activity (and thus not in a capacity as consumer), the exclusive jurisdiction shall be that of the Court of Milan (Italy).
14. AMENDMENTS AND UPDATES
14.1
These Terms of Sale may be amended from time to time and without prior notice, including due to new laws and regulations or other reasons in our sole discretion. The new Terms of Sale shall be effective as of the date of publication on the Website and notification by email to all users who have provided their email address. By continuing to use and purchasing on the Website, the Customer accepts to be bound by the new terms. In any case, it is understood that the new terms shall not apply to orders already submitted by the Customer.
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UNIQUE EXPERIENCES