Welcome to our Website (hereafter also "moncler.com" or, alternatively, the "Website"). These general terms and conditions of use (hereinafter, the "Terms of Use") govern access to, and use of, the moncler.com Website. The access to and use of this Website, as well as the purchase of products on moncler.com, are based on the assumption that these Terms of Use have been read, understood and accepted by the User.
The Website is managed and maintained by Industries S.p.A. (hereafter, 'Moncler" or "Us"), with registered office at Via Stendhal 47, 20144 - Milan, IT04804070961, Companies' Register no. 1773341, fully subscribed share capital of Euro 15,000,000.
The Website is reserved for users who have reached the age of consent in their Country or province/territory of residence or, if they are minors, who have received consent for its use from their parents or guardians.
Further information can be requested through our Client Services team. Should you require assistance, please visit the Client Services area, where you can find information on orders, shipping, refunds and returns for products purchased on the Website, a registration form, advice and other general information regarding the services provided by moncler.com.
For all other legal information, please visit the General Terms and Conditions of Sale, Returns Policy, Privacy Policy and Cookie Policy sections on the Website. Moncler may amend or simply update all or part of these Terms of Use. We may make changes to these Terms of Use due to:
Any amendment or update of the Terms of Use shall be notified to Users well in advance and in a transparent manner, also specifying the date on which such changes will enter into force. Changes will be published on the Home Page of the Website in the form of a pop-up, which will appear on the first visit to the Website after the implementation of said changes and which the customer shall be required to accept if he/she wishes to continue to use the Website, and may be notified by email to all users who have provided their email address. Such changes will only be applicable to future use.
We recommend visiting this section of the Website before accessing and/or using our services and/or before purchasing any Product on the Website in order to check the most recent and updated version of the Terms of Use, as changes may affect the use of the services and/or purchasing on the Website. If you do not agree to all or part of the Terms of Use, please do not use our Website (see Article 5 entitled "Registration and Account" for information on the management of personal accounts).
Access to and use of the Website, including the display of web pages, communicating with Us, downloading product information and making purchases on the Website, are carried out by our Users exclusively for personal purposes, which shall in no way be connected to any trade, business or professional activity. Users are responsible for their own use of the Website. Moncler shall not be held liable for any use of the Website and its content by Users that is not compliant with these Terms of Use, the laws and/or any applicable regulation in force, without prejudice to Moncler’s liability for fraud or gross negligence or for any other liability which cannot be contractually excluded or limited pursuant to applicable legislation.
In particular, the User shall be exclusively responsible for providing information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent), as well as for any improper use of such data or information.
We recommend reading our Privacy Policy and Cookie Policy, which also apply if Users access the Website and use its services without making a purchase. The Privacy Policy and Cookie Policy help Users understand how and for what purposes Moncler collects and uses personal data.
Proprietary content. Our Website and all content contained therein, including but not limited to images, photographs, texts, music, sounds, videos and, generally speaking, audio-visual materials, documents, descriptions, drawings, figures, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software, including HTML code and other computer codes contained therein (collectively, the “Content”), is the sole and exclusive property of Moncler and is protected by national and international copyright and other intellectual property laws.
Trademarks and logos. The Moncler trademark and all other trademarks, trade names, logos, brand names and product names displayed on the Website are the exclusive property of Moncler or of their respective companies (hereinafter, “Trademarks”). These Terms of Use do not allow the use of the Trademarks: the use of the Trademarks in any way is strictly prohibited.
The User acknowledges that it is forbidden to copy or reproduce (except where such copying or reproduction is made for non-commercial and personal use), publish, disclose, distribute, provide to the public, re-publish, notify, display, delete, cancel, supplement the content or create derivative works of the Website for any purpose unless the User has been expressly authorised by Us in writing.
Downloading or copying the Content, where authorised in writing by Moncler, does not imply acquisition by the User of any right, title or interest in the Content and/or the Website.
The Website may contain links to other Websites which are in no way connected to Moncler. Moncler does not control or monitor such third-party Websites or their content. Moncler shall not be held liable for the content of such sites, including for their accuracy, security or reliability, and/or for the rules adopted by them in respect of, but not limited to, privacy and processing of Users' personal data. Please exercise caution when accessing such websites via the links provided on moncler.com and read their terms and conditions of use and privacy policies carefully. Our Terms of Use and Privacy Policy do not apply to third-party websites. Access to any independent content and Websites is at the User’s own risk and Moncler shall not be liable to the User for any loss or damage suffered (including, but not limited to, any loss or damage to the User’s computer equipment, hardware or software) arising from or related to the access or use of, or reliance on, any third-party content and Websites or caused by, or in connection with, any purchase of goods or services available on or through any such third-party content and Website.
The User is permitted to use the Website and any of its Content for personal and non-commercial use only and always in compliance with these Terms of Use. The User may not and may not permit, assist or allow any third party to:
(i) copy, reproduce, publish, send, distribute, perform, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute the Website or any Content, including, but not limited to, mirroring, framing or linking, to any other computer, server or Website;
(ii) access or use the Website or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on one's own Website;
(iii) use any deep-link, page-scrape, robot, spider or any other automatic or manual processes to access, acquire, copy or monitor the Website and/or its Content or any portion thereof, or in any way reproduce the structure or presentation of the Website or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
(iv) attempt to access any portion or feature of the Website that the User is not allowed to without authorisation, or any other systems or networks connected to the Website or any Moncler server, by hacking, password mining or any other illegitimate means;
(v) use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account;
(vi) probe, scan or test the vulnerability of the Website or any network connected thereto, nor breach the security or authentication measures on the same;
(vii) reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any other Customer of the Website, or exploit the Website or any service or information made available or offered by or through the same, nor use the Website or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use, or solicit the performance of any illegal activity or other activity which infringes the rights of Moncler or others;
(viii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the same;
(ix) use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Website or any transaction being conducted on the same, or with any other person’s use thereof.
To access certain services and to make purchases on the Website, registering and opening an account may be necessary (the “Account”). Please read the Terms and Conditions of Use of the My Moncler Services for more details on the services that can be accessed by registering and the conditions for registration. If the User creates an Account, the same shall be responsible for maintaining the confidentiality of login information and for controlling access to his/her Account. The User shall be responsible for all activity occurring on his/her Account unless the User informs Moncler that his/her Account has been used by a third party without his/her consent.
Moncler disclaims all liability for any loss or damage resulting from failure to comply with the aforementioned obligations.
Instructions on how to close an Account can be viewed here: link.
Moncler does not warrant that the Contents of the Website are appropriate or lawful in any Country. In the event that such Contents are deemed to be unlawful or illegal in the Country where the User resides or is domiciled, we invite the same not to access the Website and, where he/she nonetheless chooses to access it, we hereby inform the User that use of the services provided on the Website shall be at his/her own exclusive risk and responsibility.
Due to the dynamic nature of the Internet and network connections, Moncler cannot guarantee that the Website will operate continuously, without any interruptions and/or that errors or defects will be corrected. If the User experiences any problem in using our Website, he/she may contact Client Services here: link. One of our representatives will assist and help the User to restore his/her access to the Website, as far as possible. At the same time, the User is requested to contact his/her Internet services provider or check that each device for Internet connection and access to content is correctly activated, including the User’s Internet browser.
Moncler shall make its best effort to ensure that the Content of the Website is accurate and does not contain any incorrect or out-of-date information, acting with due professional diligence during the whole time the Website is available. However, Moncler disclaims all warranties, express or implied, including any warranty of accuracy, completeness, non-infringement of third parties' rights, or fitness for a particular purpose.
Moncler has also adopted all reasonable technical and organisational security measures to ensure that the Website and the Contents are free from viruses, and to protect the integrity of data and electronic communications in order to prevent unauthorised use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information concerning Users of the Website. However, provided Moncler has carried out its activities with due professional diligence, Moncler shall not be deemed liable to the User or any third party for any loss and/or damage arising from the use of the Website and/or Content, including but not limited to, liability for:
(a) any loss or corruption of data;
(b) loss of or damage to the User's computer equipment;
(c) any loss or damage suffered by the User as a result of failure to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software.
Moncler shall not be liable for damages resulting from events beyond our reasonable control.
Nothing in these Terms of Use shall exclude or limit Moncler’s liability to the User for fraud or gross negligence or for any other liability which may not be contractually excluded or limited under any mandatory provision of applicable law.
The remote sale of products through the Website is exclusively reserved to consumers for personal use. The term “Consumer” shall mean any natural person who is acting for purposes which are outside his/her trade, business, craft or profession. If the User is not a consumer, the same is requested not to use our Website to purchase products. Moncler shall be entitled to refuse to process purchase orders and to terminate the accounts of persons other than consumers, as well as not to process any other purchase order which does not comply with the Terms and Conditions of Sale and these Terms and Conditions of Use.
These General Terms and Conditions of Use are governed by Italian law. Any dispute which may arise between Moncler and the User, in a capacity as consumer, in connection with these Terms of Use, shall be subject to the jurisdiction of the Country in which the User resides.
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.
Should the User act for business and entrepreneurial purposes (and thus not in a capacity as consumer), the exclusive jurisdiction shall be that of the Court of Milan (Italy).