The following General Terms and Conditions of Sale ("Terms of Sale") govern the offer and sale (together with the documents referred to below, including the Privacy Policy and General Terms and Conditions of Use) of products on our website moncler.com (also the "Website"). Please read these Terms of Sale carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these Terms of Sale. The products purchased on the Website are directly sold by Industries S.p.A. (hereinafter referred to as “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, fully paid share capital of EUR 15.000.000.
Requests for information should be made through our Customer Service: click here . If you need any assistance, please go to the Client Service area, where you will find information on orders, shipping, complaint handling, refunds and returning products purchased on the Website, 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, Privacy Policy and Return Policy. Additional terms and conditions may apply from time to time to single services offered by Moncler on the website www.moncler.com. Additional terms and conditions may apply from time to time to specific 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 Vendor offers products for sale on moncler.com and its e-commerce business services are available exclusively to consumers. For the purpose of these Terms of Sale “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 the Website.
1.2
The Vendor reserves the right not to process orders received from users who are not, or that Moncler has reasons to believe are not “Consumers”, as well as any other order which does not comply with these Terms of Sale.
1.3
These Terms of Sale (together with the documents referred to herein) govern the offer, transmission and acceptance of purchase orders relating to products sold on the Website and together with the purchase order accepted by the Vendor constitute the purchase contract between the Consumer and the Vendor.
1.4
These Terms of Sale do not govern the supply of services or the sale of products performed by third parties that you may be able to access on the Website 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 will 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
By displaying the products on the Website, the Vendor is inviting you to make an offer for their purchase.
To place an order for the purchase of one or more products on the Website, you must be 18 years or over. You will have to select the products on the Website, select size and colour, add the item to the shopping bag and fill out the online order form with all the information required (personal details, shipping address and payment details). To complete the check-out procedure and submit the order you will have to confirm your purchase at the end of the check-out page.
Alternatively, you may submit an order through our "Buy on behalf" option. If you choose this option, you may contact our Customer Service on the contact channel of your preference among the ones available in the Customer Service area. Our Customer Service will guide you through your online purchase. Once you have selected the products, size and colour and confirmed it to our Customer Service, you will receive a link to the email address of your preference or through the contact channel used to reach our Customer Service (e.g. Livechat, Instant Message, etc.). You will need to click on the link to complete your order; you will be required to accept this Terms of Sale before proceeding with the payment.
2.2
Before submitting the order, please carefully review it and correct any errors. You will be no longer able to change the order once you submit it. On the check-out page you 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 you 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 you ordered. Before submitting the order, on the check-out page, you may also select the option Tax Free in order to benefit – provided you meet the applicable tax and Customs laws requirements – from the refund of sales taxes (VAT and similar) upon return in your country of residence. In this case, the sale invoice will be included in the package at the time the products are shipped to you or delivered to you directly together with the products in case you have opted for the Pick Up in Boutique option. Please read our Return Policy for additional details on how to return a product under your right of withdrawal and the special conditions that apply in case you select the Tax Free option.
2.3
Before submitting your order form for the purchase of products, you will be asked to carefully read and accept these Terms of Sale. You will not be allowed to proceed with your purchase order if you do not accept these Terms of Sale. These Terms of Sale can be printed using the print option and saved for your own personal use. Moncler invites you to store a copy of these Terms of Sale for future use.
2.4
An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
2.5
The order form will be filed in our database 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 Follow your Order, within the section Client Service area on the Website.
2.6
English is the language used for executing contracts with the Vendor. Local translations may be available depending on the territories.
2.7
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 you wish to place an order to purchase them. Therefore, occasionally, if the products are unavailable at the time of the order, the Vendor may not be able to process your purchases. Furthermore, orders will not be considered as submitted and will not be processed if there are not sufficient guarantees of solvency, or if orders are incomplete or incorrect.
In all the above cases, we shall inform you by email that the contract has not been concluded and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on the Website are no longer available at the time the Vendor receives your order form, the Vendor shall inform you of the unavailability of the ordered products promptly and in any case within fourteen (14) days from the day after the one on which Vendor received your order. If the order 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.
2.8
By submitting an order to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these Terms of Sale. Should you not agree with certain provisions of these Terms of Sale, please do not submit your order for the purchase of products on the Website.
2.9
Once your order form has been received and processed by the Vendor, We will send you a purchase order acknowledgment email, containing a summary of the information related to the order (Terms ofSale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs). Depending on the means of payment selected, the payment of the price for the ordered products may occur at the time the order is submitted on the Website or at the time the products are shipped to you. Please note that the order acknowledgement email and the payment of the price if occurred before the shipping of the products, do not constitute acceptance of your order by the Vendor. Your order will be accepted by Us (and the purchase contract definitively concluded), only at the time we dispatch the products you ordered. It is hereby understood that, if the Vendor - before the acceptance of the order - cancel an order for which the price has been already debited (this may happen, for example, in cases where the payment is processed by third suppliers), the relevant amount will automatically be reimbursed at the time the order is cancelled. By accepting these Terms of Sale, you hereby acknowledge and agree that the Vendor reserves the right to accept and/or refuse - at its sole discretion - your order in whole or in part; therefore, in the event of partial acceptance, your card will be debited and the products will be dispatched for the part of the order that was accepted.
3. DESCRIPTION OF PRODUCTS, PRICE AND GUARANTEE
3.1
On the Website, we only offer products marked with the “Moncler” trademark. The Moncler products sold on the Website are sold exclusively by the Vendor and in no event it will be possible to purchase on the Website products offered for sale by third parties and/or private sellers.
3.2
The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. In case of lack of conformity, you are entitled to enforce your legal warranty according to section 9 of these Terms of Sale.
3.3
The main characteristics of products are shown on the Website, on each product description page. The graphic representation provided on the website may differ from reality; you shall therefore rely exclusively on the description of the products and of the features included on the Website.
3.4
Prices of products are displayed on the Website and are inclusive of VAT. The Vendor reserves the right to change the prices at its discretion and without prior notice and in any case in compliance with the requirements set forth by applicable national laws implementing the Directive (EU) 2019/2161 and subsequent modifications. In case of price reductions, such reductions will be displayed on the Website alongside with the original price. Please, check the final price of sale before submitting the relevant order form.
3.5
All Products sold on the Website come with an identification tag. You shall not remove or alter the tag from the purchased products should you wish to return them.
3.6
As a Customer (pursuant to the definition under section 1.1 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform to the characteristics described on the Website and in your contract with us.
3.7
All products sold by the Vendor are covered by a guarantee for lack of conformity, as provided by the applicable law in your country of residence. The term and requirements of the warranty may vary from country to country and in no event the warranty term will be less than 24 months from the date you receive the products. We recommend you check your statutory rights before submitting an order. In case of lack of conformity, You shall inform the Vendor of the existence of any such lack of conformity within a period of 26 months from the day you received the products. In case of lack of conformity, you are entitled to a repair (where possible) or a replacement of the product. If none of these remedies is viable (for example because the product your ordered is no longer available) you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract and obtain a full reimbursement of the purchase price and any shipping or delivery costs, including the costs for returning the products to the Vendor as set forth under these Terms of Sale. You will not be entitled to terminate the contract in case the lack of conformity is a minor fault.
The above conformity warranty applies also to products sold on the Website that incorporate or are in any way associated to a digital element.
Please refer to section 9 for additional information on how to activate a return of a product in case of lack of conformity. Alternatively, you may always contact our Customer Service for information.
4. PAYMENTS
4.1
Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the payment means indicated on the order page.
4.2
In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to the provider of remote electronic payment services, without third parties having any access thereto whatsoever. Such details will be used by the Vendor exclusively to process 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. Depending on the means of payment selected, 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 the means of payment you choose when the purchased products are actually shipped or at the time you submit the order (for example, in cases where the payment is processed by third suppliers).
5. SHIPPING AND DELIVERY OF THE PRODUCTS
5.1
You can choose to receive the products you have purchased at the address indicated on the order in one of the countries listed under the section "Choose your Country" on the Website, or by collecting them 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" will not be accepted by the Vendor and you will not be allowed to proceed and submit your order. If you have chosen delivery through "Pick up in Boutique", we will inform you of the products’ arrival at the boutique by email. In this case, you must collect the purchased products from the chosen boutique within 15 days from the aforementioned email is sent.
Should you fail to collect the products within the aforementioned period of 15 days the purchase contract will be understood, to all intents and purposes, to be automatically terminated and you will no longer be entitled to collect the products. As a result of the termination of the purchase contract, you will be reimbursed for the amount paid, delivery costs (if any) excluded, on the same means of payment used for your purchase, within the time frame set forth in paragraph 8.4 below.
5.2
In order to collect the products at the Moncler boutique selected at the time of purchase, you must show the sales assistant a copy of the delivery confirmation email, as well as a personal identification document. If you ask another person to collect the order, he/she will need to present the delivery confirmation email, a photocopy of your identification document, a document in which you authorise him/her to collect the order, and his/her own identification document.
We would like to remind you that if you choose the option "Pick up in Boutique", you cannot pay for the items at the point of sale. Payment will be processed online as per orders delivered to a specific personal address.
If you have selected delivery to a Moncler boutique, the delivery timings and costs are the same as those for delivery to your 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 this section of the Website carefully. The information provided in these sections forms an integral part of these Terms of Sale and, consequently, will be deemed to be fully read and accepted by you at the time your order form is sent.
6. ADDITIONAL SERVICES AND NFTs
6.1
Moncler may from time to time or on the occasion of particular commercial events or launches of new products, offer - directly or indirectly - to users 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 NFT associated and/or to be associated with one or more specific garments purchased online. The additional services and NFTs will 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 user must 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 will be subject to the conformity warranty provided by the law applicable to the user, pursuant to Directive (EU) 2019/770 and its relevant implementation bills.
7. CUSTOMER SERVICE
If you need any information about products or if you have any inquiry about your order, please contact our Customer Service at the following link Client Service on the Website.
8. THE RIGHT OF WITHDRAWAL
8.1
As a Consumer, you may cancel your contract with the Vendor in relation to products purchased on the Website, without any penalty and without specifying the reason, by notifying the Vendor in writing, following the procedure described under section 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 a product purchased online to a Moncler boutique located in a country other than that of delivery of the product.
In order to exercise your right of withdrawal from the contract , you shall notify us in writing within twenty (20) calendar days, beginning on the day you receive the products (in case of purchase of multiple goods, shipped separately, the 20 days will start from receipt of the last shipment), or, if you selected the “Pick Up In Boutique” option (if available) at the time of purchase, from the date you collect the products at the Moncler boutique. In this case you will receive a full refund of the price of the products, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses related to the delivery option selected by you) in accordance with this Clause 8 and Clause 11 below.
Additional information on our return policy is available under section Return policy on the Website.
If, at the time of submission of the order, you selected the Tax Free option:
(a) the right of withdrawal will be subject to the same conditions and requirements set forth under this section 8 as long as you have not obtained any tax refund (and therefore before you leave the country where you purchased the goods). In this case, you will be entitled to the full refund of the products price (including sale taxes) and shipping/delivery costs (if any);
(b) if you already left the country of purchase and already benefited of the sale taxes refund before the expiration of the 20 days to exercise your right of withdrawal, you will be still entitled to do so and return the product(s) to obtain the refund of the price net of sale taxes (VAT and similar), which have been already refunded to you. Please note that in this case, you will be solely responsible for compliance with any Customs requirements and payment of any Customs tax or fee required to ship and return the products to the country where they were originally purchased and shall be returned.
In all cases of return of products purchased under the Tax Free option, the following conditions shall apply.
8.2
If you decide to cancel your contract, you shall return the products to the Vendor within fourteen (14) calendar days from the date you notify the Vendor of your intention to withdraw from your contract. Products shall be returned in the same condition in which you received them. Return is free of charge if you use our return service (please see sections 8.3 and 8.5 below). You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation due to the diminished value of the products.
Once we receive the products, we will check that all conditions set forth under section 8.3 are met and will inform you via email if your return has been accepted.
If you have decided to return the products to a Moncler boutique among those available in the country where the products have been dispatched, you shall take them to the pre-selected Moncler boutique within twenty (20) days of receiving them. It will be sufficient for you to present the products to the sales assistant in their original packaging together with the delivery receipt contained in the original packaging. The assistant will fill out the return form and check that the products comply with the terms and conditions indicated in section 8.3. Delivery of the products to the sales assistant is equivalent to acceptance of the return by the Vendor.
8.3
To return the products:
8.4
If you cancel the contract within the twenty (20) calendar day from receipt of the products purchased on the Website, pursuant to this Clause 8, we will process the refund due to you as soon as possible and, in any event within:
The Vendor will refund the price of the product in full (save for the sale taxes in the cases referred to under section 8.1(b)), including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional option you have selected at the time of purchase). You will not be responsible for the cost of returning the products to us if you use our free-collection service. You may be liable for any diminished value of the returned products resulting from your handling of the products other than what is necessary to ascertain the characteristics, functions or nature of the products. Moncler reserves the right to take legal action against you to ascertain said diminished value, which may then be deducted from the reimburse of the relevant price.
8.5
Unless you return the products to a Moncler boutique selected among those listed on the Website and located in the same country where the products were dispatched, you can return the products to the Vendor either by:
Please note that products returned under your right of withdrawal shall be shipped from the same country in which they have been dispatched, except for returns made by customers that benefited of the Tax Free option .
8.6
The cancellation right set out in this section 8 does not apply to:
8.7
You are also entitled to exchange the purchased products (other than personalised products) with other products, in place of receiving a refund of the relative sum. To exchange a product, please follow the instructions included in our Return Policy. However, the exchange option is not available in case the Tax Free option has been selected.
9. ITEMS RETURNED BECAUSE THEY ARE DAMAGED, DEFECTIVE OR FOR LACK OF CONFORMITY ("LACK OF CONFORMITY") ACCORDING TO yOUR LEGAL WARRANTY
9.1
If you return a product because of a Lack of Conformity, you are entitled to the restoration of product conformity free of charge by, at your discretion, repair or replacement of the product. In the event that such remedies are objectively impossible or excessively onerous, you may terminate the contract.
If you return a product because of a Lack of Conformity and ask for the reimbursement of the price, in addition to the price of the product, we will refund the delivery charges you paid at the time of purchase. You may return the product free of charge by using the pre-stamped label that you will receive by contacting our Customer Service. If you decide to return the product by using a different delivery service instead of our pre-paid return service, you assume all liabilities for the costs of returning the products and the risks of loss or damages to the same.
9.2
You must notify the Vendor of the Lack of Conformity issue within 26 months from the date you received the products (see section 3.7 above).
If the Lack of Conformity occurs within 20 days of the products being received, you may return the same by following the procedures outlined above under section 8.3. In all other cases, please contact the Customer Service to obtain further information on how to return the product to us and follow the procedure described under section 9.3 below.
You have a legal obligation to take reasonable care of the products whilst they are in your possession, even if the present a Lack of Conformity, so to allow us to conduct the required inspections.
9.3
To return the products affected by a Lack of Conformity:
PLEASE ALWAYS REMEMBER TO INCLUDE YOUR DELIVERY AND/OR PURCHASE RECEIPT WITHIN THE PACKAGING YOU ARE RETURNING.
9.4
The Vendor will examine all products returned as damaged or defective and will notify you of the acceptance of your return via email as soon as practicable within a reasonable period of time. If you require a refund of the price (or in cases where repair or replacement of the product is not possible), we will process the refund due to you as soon as possible and, in any event, within fourteen (14) days from the day we confirm to you via email that your return has been accepted by the Vendor. The Vendor will refund the price of the product in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to the Vendor where you use the pre-paid return services offered by us.
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, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. No refund will be issued in this case. If you do 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 you, unless the product was returned - in compliance with the requirements set forth under section 8.3 - within the 20-days term from receipt of the same by you.
9.5
Refunds for products returned because of Lack of Conformity, unless differently agreed between you and the Vendor, will be processed on the same payment means 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 returned items shall be refunded by the Vendor to the individual who made the payment.
9.6
The Vendor will refund the price of the products in accordance with the applicable time frame as specified in clause 8 or 9 above. 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 method of purchase or refund, including by way of example:
· delay caused by Credit Card/Debit Card companies refund policies;
· payment made by Bank transfer: you will be refunded the amount you paid for the products returned to the Bank account used for the purchase. Please remember it is necessary to have a Bank account in order to receive a refund for Bank transfer orders.
10. PRIVACY
10.1
You will find information on how we process your personal data by clicking on Privacy Policy.
10.2
We also ask that you read, if you haven't already done so, our Terms of Use available at General Terms and Conditions of Use because they contain important information on how we process the personal data of our users and on the security systems we have adopted.
10.3
For further information on our cookie policyPrivacy Policy you can contact our Customer Service Client Service selecting “Privacy” from the drop-down menu, or you can send your requests to privacy@moncler.com.
11. OUR LIABILITY
11.1
Nothing in these Terms of Sale will exclude or limit our liability to you for fraud, death or personal injury caused by our negligence, breach of terms regarding title implied under any Consumer law or regulation or any other liability which the applicable laws state may not be excluded or limited.
11.2
We will in no event be liable to you for any loss of profit, loss of income, loss of business, loss of revenue or loss of 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 you or our breach of our legal duty of care.
12. GOVERNING LAW
These Terms of Sale are governed by Italian law. As a Consumer you will in any case be entitled to any additional rights provided by the law of the country where you reside. In case of disputes arising from these Terms of Sale and/or the purchase contract, , the competent court of your habitual place of residence or domicile will have exclusive jurisdiction.
Mandatory consumer information on dispute resolution
Consumer information pursuant to Regulation (EU) No. 524/2013: Please note 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/.
Consumer information pursuant to the Consumer law on dispute resolution for consumers: You acknowledge that we have no obligation to participate in any dispute resolution proceedings before a consumer arbitration panel.
13. AMENDMENTS AND UPDATES
13.1
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 General Terms and Conditions of Sale shall be effective as of the date of publication on the Website. By continuing to use and purchasing on the Website you accept to be bound by the new terms. In any case, the new terms will not affect orders already submitted by you.
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