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. (hereafter "Moncler"or the "Vendor" or "We"), a company subject to the direction and coordination of Moncler S.p.A., with registered office in Milan, via Stendhal 47, VAT no. and fiscal code 04804070961, Companies' Register no. 1773341, fully subscribed share capital of Euro 15,000,000.
Enquiries should be sent to our Client Services Department. If you need any assistance, please go to the Client Services 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 concerning the services provided by Us on the Website. For any other legal information, please visit the following sections: General Terms and Conditions of Use, Return Policy, Privacy Policy and Cookie Policy. Additional terms and conditions may apply from time to time to specific services provided by Moncler on the Website. Such terms will be displayed on the Website at the time of presentation of the specific service.
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/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 that does not comply with these Terms of Sale.
1.3
These Terms of Sale 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 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 terms and conditions of such third parties, 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.
2.1
The display of Products on the Website constitutes 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 must: (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 Client Services department free of charge on 00 800 10204000, and will be guided through his/her online purchase.
Once the Products, size and colour have been selected and once everything is confirmed to Client Services, the Customer will receive a link to the email address indicated at the time of registration on the Website or provided to Client Services. The Customer must 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 order form filled out, correcting any errors. The Customer will no longer be able to change the Order once it is submitted. 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 to purchase the Products, shipping terms for the ordered Products, shipping and delivery costs, and the terms and conditions for returning the Products ordered.
Before submitting the Order, on the check-out page, the Customer may also select the “Tax Free” option in order to benefit—provided that the applicable tax and customs law’s requirements are met—from the refund of sales taxes (VAT and similar) upon return to his/her Country of residence. In this case, the purchase invoice will be included in the package of the Product at the time it is shipped or delivered directly to the Customer, or together with the good in the event that the “Pick Up in store” option is selected.
Please read our Return Policy for more information on how to return a Product under your right of withdrawal and the special conditions that apply in the event that you select the “Tax Free” option.
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 the Terms of Sale. These Terms of Sale can be printed, using the “print” option, and saved for personal use. Moncler invites the Customer to save a copy of these Terms of Sale for any future use. Should the Customer not agree with certain provisions contained herein, it is requested that he/she does not submit any Order.
2.4
An Order shall be deemed to have been submitted upon receipt in electronic form by the Vendor and, once 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 Follow your Order section in the Client Services 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 submitted and will not be processed if they are are incomplete or incorrect. Moncler may conduct fraud-prevention checks prior to processing the Order.
In all the aforementioned 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 in 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-party suppliers), the Vendor will refund the amount paid for those Products without undue delay.
2.7
Once the Order has been received and processed by the Vendor, the Customer shall receive an Order Proposal acknowledgement email, 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 email shall not be construed as acceptance of the Order; acceptance of the Order Proposal and conclusion of the contract are governed by Article 2.8 below.
Depending on the type of payment selected by the Customer, payment of the amount due may occur upon submission of the Order or upon shipping of the same. Please note that the Order acknowledgement email and any payment of the amount made before the order shipping confirmation is sent do not constitute acceptance of the order 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 or cancels an Order for which a charge has not yet been made, the relevant amount shall be automatically 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) the purchased Products being unavailable; (ii) suspicion of fraudulent activity; (iii) unsuccessful payment. Therefore, in the event of partial acceptance, the relevant partial amount will be charged and only the Products will be dispatched for the part of the Order that was accepted.
3.1
On the Website, only Products with the “Moncler” trademark are offered for sale. Moncler Products are sold on the Website exclusively by the Vendor and in no event shall 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 the event of lack of conformity, the Customer is entitled to invoke the legal warranty under Article 9 of these Terms of Sale.
3.3
Information relating to the Products, the code of the Products 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. 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 the original price of the Product and, in any event, in compliance with requirements set forth by laws implementing Directive (EU) 2019/2161 and subsequent amendments. Please check the final sale price carefully before submitting your order.
3.5
All Products sold on the Website come with an identification tag. The Customer shall not remove or alter the tag with the purchased Products should he/she wish to return them.
4.1
Payment of the Product prices and related costs for shipping and delivery shall 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 whatsoever thereto. Such information shall only be used by the Vendor for processing purchases, issuing a refund in the event of a return made in compliance with the Customer's right of return, or reporting cases of fraud to the police. Depending on the type of payment selected, the price for the purchase of the Products and the related 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 the order is submitted (by way of example, this could occur in cases where the payment is processed by third-party suppliers).
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 are correct. Transactions shall be charged to the Customer’s credit card after verification of the credit-card data entered, and after the debit authorisation has been received from the company issuing the credit card used and the availability of the Products has been confirmed by the Vendor.
5.1
The Customer may choose to receive the Products he/she has purchased at the address indicated on the Order form in one of the countries listed under the section “Choose your Country” available on the Website, or by collecting the Product at a Moncler store (where the option “Pick up in store” 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 will not be able to submit the order form.
If the Customer has chosen delivery through the “Pick up in store” option, We shall inform the Customer of the Products’ arrival at the store by email. In this case, the Customer must collect the purchased Products from the chosen store within 15 days from the date on which the aforementioned email 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, excluding delivery costs (if any), via 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 from the Moncler store selected at the time of purchase, the Customer shall show the sales assistant a copy of the delivery confirmation email, as well as a personal identification document. If the Customer asks another person to collect the order, he/she shall be required to provide the delivery confirmation email, 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 when the “Pick up in store” option is selected, 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 store, the delivery timings and costs are the same as those for delivery to any other chosen address.
5.3
For more detailed information on Product shipping methods, delivery, costs and time, please visit the relevant area on the Client Services page. Please read this 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.
6.1
Moncler may from time to time or during particular business 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 its implementation in applicable local laws.
For any information about Products or your Order, you can contact our Client Services team by clicking on this link or by accessing the Client Services area of the Website.
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 store selected from those available in the Country in which the Order was delivered. It will not be possible to return the Products to a Moncler store located in a Country other than the one in which the Order was delivered.
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 on which the Products were received (in the event that multiple goods were purchased and shipped separately, the 20 days shall start from receipt of the last shipment), or, if the “Pick up in store” option (if available) was selected at the time of purchase, from the date on which the Products were collected at the Moncler store (in the event of failure to collect the Products, pursuant to Article 5.1 above, such notice shall be deemed to have been sent). 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 method selected by the Customer) in accordance with this Article 8 and Article 11 below.
More information on our return policy can be found in the relevant section of the Website.
If, at the time the Order was submitted, the Customer selected the “Tax Free” option:
(a) withdrawal shall be subject to the same conditions set forth under this Article 8, as long as the Customer has not received any sales tax refund (and therefore before he/she has left the Country in which he/she purchased the Product). In this case, the Customer shall be entitled to a full refund of the price of the Products (including sales taxes) and any shipping/delivery costs;
(b) if the Customer has already left the Country of purchase and benefited from the tax refund before the expiration of the 20 days to exercise the right of withdrawal, the Customer shall still be entitled to exercise his/her right and return the Product to obtain a refund of the price net of sales taxes (VAT and similar), which have been already refunded to the Customer. In any event, the Customer acknowledges and accepts that he/she is responsible for complying with any customs requirements and paying any customs tax or fee required to ship and return the goods to the territory where they shall be returned.
In all instances in which Products purchased with the “Tax Free” option selected are returned, the following conditions shall apply.
8.2
If the Customer decides to cancel the contract, he/she shall return the Products to the Vendor within 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 were 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 email if the return has been accepted.
If the Customer decides to return the Products to a Moncler store selected from those available in the Country in which delivery was made, the Customer shall take them to the selected Moncler store 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 the Order was delivered. The sales assistant will fill out the return form and verify that the Products comply with the terms and conditions set out 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 Products:
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, except otherwise provided under the applicable law of the Customer’s country of residence*, within:
The Vendor shall refund the price of the Product in full (save for sales taxes in the cases referred to under article 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 options selected by the Customer at the time of purchase).
8.5
Unless the Customer returns the Products to a Moncler store selected from those listed on the Website and located in the same Country in which the Products were delivered, 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 filled out 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.
In the event of a return made after the “Tax Free” option has been exercised, the Customer shall be responsible for complying with all customs requirements and for customs taxes or fees incurred to return the Products to the country of purchase. Moncler reserves the rights to reject Products for which such requirements and fees have not been complied with in advance.
Products returned under the right of withdrawal shall be shipped from the same Country in which they were delivered, except for returns made by parties that have benefited from the “Tax Free” option, where available.
8.6
The right of withdrawal in this Article 8 does not apply to:
8.7
The Customer is also entitled to exchange the purchased Products (other than personalised Products) with other Products, in place of receiving a refund of the relevant amount. To exchange a Product, please follow the instructions in our Return Policy. However, the exchange option is not available in instances in which the “Tax Free” option has been selected.
8.8.
8.8.1
The Customer is obliged to take reasonable care of the Products while they are in his/her possession.
8.8.2
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 strictly necessary checks by the Customer to ascertain their characteristics.
In any event, 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 the alternative to refusing the return, to withhold from the refund due to the Customer the sum corresponding to the damage caused to the returned Product.
9.1
If there are Production defects or conformity issues (“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, digital items.
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-printed label that the Customer will receive by contacting our Client Services team. 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 being returned.
9.2
The Vendor shall only be liable for a lack of conformity that becomes apparent within twenty-four (24) months of delivery of the Product and any direct judicial action for such defects must be taken within 26 (twenty-six) months of delivery of the Product, except where differences provided for by the law in the Customer’s Country of residence apply.**
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 Client Services to obtain further information on how to return the Product to us and follow the procedure described under Article 9.3.
The Customer is obliged to take reasonable care of the Products while 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 email 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 email 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 reason 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 sent back. No refund shall be issued 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-day 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 via 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 time-frames 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:
10.1
The Customer will find information on processing of personal data by clicking our Privacy Policy and Cookie Policy.
10.2
We also ask you to read, if you have not already done so, our General Terms and Conditions of Use since they contain important information on how we process the personal data of our Users and on the security systems we have put in place.
10.3
For further information on our Privacy Policy and Cookie Policy, the Customer may contact our Client Service team by selecting 'Privacy' from the drop-down menu, or you can send your enquiries to privacy@moncler.com.
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 and unless the law applicable in the Customer’s country of residence provides otherwise, 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.
12.1
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.
These Terms of Sale are governed by Laws of Italy 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 resides. In case of disputes arising from the purchase contract, the competent Court of the Customer’s place of residence or domicile shall have exclusive jurisdiction.
Alternatively, pursuant to Article 14 of Regulation (EU) No. 524/2013, consumers may access the dispute-resolution platform established by the European Commission (ODR) (http://ec.europa.eu/consumers/odr/), or they may make use of a different instrument provided for by national law:
Bulgaria Alternative Dispute Resolution Commission at the Bulgarian Consumer Protection Commission (http://www.ecc.bg/);
Estonia Estonian Consumer Protection Board (Pronksi 12, 10117 Tallinn, info@tarbijakaitseamet.ee);
Finland Consumer Disputes Board (http://www.kuluttajariita.fi);
Before referring matters to the Consumer Disputes Board, the consumer should contact the Consumer Advisory Service (http://www.kuluttaneuvonta.fi);
France Moncler has chosen the Paris Mediation and Arbitration Centre (CMAP) as its consumer mediator.
Before contacting the CMAP, the Customer must contact Moncler Client Services by accessing the Client Services area of the Website.
The Customer may refer matters to the CMAP: (i) via the form available on the CMAP Website at www.cmap.fr/consommateurs; or (ii) by post by writing to the following address: CMAP - Service Médiation de la consommation, 39 avenue Franklin D. Roosevelt - 75008 PARIS. The request must contain the the Customer's postal and telephone details, an email address, a brief statement of facts and proof of previous contact with Moncler;
Latvia Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs, 55 Brivibas Street, Riga, Latvia, LV-1010, http://www.ptac.gov.lv.).
Lithuania State Consumer Rights Protection Authority (Vilnius g.25, 01402 Vilnius, www.vvtat.lt);
Slovakia Act No. 391/2015 Coll. on alternative resolution of consumer disputes, as amended.
Sweden National Board for Consumer Disputes (Allmänna reklamationsnämnden (ARN), www.arn.se.).
The Consumer acknowledges, in any case, that the Vendor is under no obligation to participate in out-of-court dispute settlement proceedings.
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, at 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 purchase Products 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.
*For Customers who reside in the following countries, the different refund deadlines—detailed below—shall apply:
Belgium within fourteen (14) days of notification from the Customer of his/her intention to exercise his/her right of withdrawal;
Bulgaria within fourteen (14) days of notification from the Customer of his/her intention to exercise his/her right of withdrawal;
Estonia within fourteen (14) days of notification from the Customer of his/her intention to exercise his/her right of withdrawal;
Luxembourg upon receipt of the Products by Moncler or upon proof of shipment of the goods by the Customer, whichever is earlier;
Romania within fourteen (14) days of notification from the Customer of his/her intention to exercise his/her right of withdrawal;
Slovenia within eight (8) days of receipt of the Products by Moncler or proof of shipment of the goods by the Customer, whichever is earlier.
**For Customers who reside in the following countries, the different deadlines—detailed below—for exercising the legal warranty shall apply:
Austria the Vendor shall only be liable for a lack of conformity that becomes apparent within 24 (twenty-four) months of delivery of the Product; any direct judicial action against the Vendor for such defects must be taken within 27 (twenty-seven) months of delivery of the Product;
Croatia the Vendor shall only be liable for a lack of conformity that becomes apparent within 24 (twenty-four) months of delivery of the Product; any direct judicial action for such defects must be taken within 24 (twenty-four) months of the Lack of Conformity being reported to the Vendor, which must be reported within 2 (two) months of its discovery;
Finland the Customer shall prove the alleged Lack of Conformity no later than two months after discovery thereof; Moncler shall be liable for a maximum period of time determined based on the life expectancy of each Product;
Netherlands the Customer shall notify the Vendor of the alleged Lack of Conformity no later than two months after discovery thereof and any direct judicial action for such defects must be taken within 24 (twenty-four) months of the Lack of Conformity being reported to the Vendor;
Poland the Seller shall only be liable for a lack of conformity that becomes apparent within 24 (twenty-four) months of delivery of the Product; any direct judicial action against the Vendor for such defects must be taken within 12 (twelve) months of the Lack of Conformity being reported;
Portugal the Vendor shall only be liable for a lack of conformity that becomes apparent within 36 (thirty-six) months of delivery of the Product; any direct judicial action against the Vendor for such defects must be taken within 24 (twenty-four) months of the Lack of Conformity being reported to the Vendor;
Czech Republic the Vendor shall only be liable for a lack of conformity that becomes apparent within 24 (twenty-four) months of delivery of the Product; any direct judicial action against the Vendor for such defects must be taken within 36 (thirty-six) months of discovery thereof;
Spain the Vendor shall only be liable for a lack of conformity that becomes apparent within 36 (thirty-six) months of delivery of the Product; any direct judicial action for such defects must be taken within 60 (sixty) months of the Lack of Conformity being reported to the Vendor;
Sweden the Vendor shall only be liable for lack of conformity that becomes apparent within 36 (thirty-six) months of delivery of the Product; any direct judicial action against the Vendor for such defects must be taken within 38 (thirty-eight) months of discovery thereof;
***Exceptions are listed in note no. 2 above.