Welcome to our web site (“moncler.com” and hereinafter also the "Website"). These General Terms and Conditions of Use ("Terms of Use") govern the access to and use of 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 you. The Website is managed and maintained by Industries S.p.A. ("Moncler", "Us" or "We"), Via Stendhal 47, 20144 – Milan, Italy, IT04804070961, Company registry number 1773341, fully paid share capital of EUR 15.000.000.
Requests for further information can be made through our Customer Service. If you need any assistance, please go to the section Client Service area, where you will find information on orders, shipping, refunds and returning products purchased on moncler.com, a registration form, tips and other general information on the services provided on moncler.com.
For any other legal information, please go to the sections: General Terms and Conditions of Sale, Return Policy and Privacy Policy available on moncler.com. Moncler may amend or simply update all or part of these Terms of Use. We may amend these Terms of Use in the following cases:
Any amendment or update of the Terms of Use will be communicated to the users in reasonable advance and in a transparent way, by specifying the date on which such changes will enter into force. The changes will be published on the Home Page of moncler.com in the form of a pop-up, which will appear at the first visit to the Website after the implementation of said changes. You will be required to accept the changes if you wish to proceed and continue to use the Website. The changes will only be applicable for the future.
We recommend that you visit this section of the Website before accessing and/or using our services and/or before purchasing any product on moncler.com in order to check the most recent and updated version of the Terms of Use of moncler.com, as changes may affect your use of the services and/or purchase on the Website. If you do not agree to all or part of the moncler.com Terms of Use, please do not use our Website (please also see section "Registration and Account" for managing your personal account, if any).
The access to and use of moncler.com, including display of web pages, communication with us, download of product information and purchases on the Website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. You will be liable for your use of moncler.com. Moncler shall not be considered liable for any use of the Website and its contents made by its users that is not compliant with these Terms of Use, the laws and/or any applicable regulation in force, save for Moncler's liability for fraud or gross negligence or for any other liability which cannot be contractually excluded or limited pursuant to applicable laws.
In particular, you will 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.
1. PRIVACY AND COOKIE POLICY
We recommend that you read the cookie policy at the link Privacy Policy which also applies in the event that users access the moncler.com website and use the relevant services without making purchases. The Privacy and Cookie Policy will help you understand how and for what purposes Moncler collects and uses your personal data.
2. INTELLECTUAL PROPERTY RIGHTS
Proprietary content. All content included on moncler.com, including but not limited to works, images, pictures, texts, music, sounds, videos and in general 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 moncler.com website are the exclusive property of Moncler or of their respective companies ("Trademarks"). These Terms of Use do not allow you to use the Trademarks and we remind you that the use of the Trademarks in any manner is strictly prohibited.
You acknowledge that you may not 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, communicate, display, delete, cancel, supplement the content or create derivative works of the Website for any purpose unless you have been expressly authorised by us in writing.
3. LINKS TO THIRD PARTIES' WEB SITES
The website moncler.com may contain links to other web sites which are in no way connected to moncler.com. Moncler does not control or monitor such third party web sites or their contents. Moncler shall not be held liable for the contents 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, your privacy and the processing of your personal data. Please, pay attention when you access these web sites through the links provided on moncler.com and carefully read their terms and conditions of use and their privacy policies. Our Terms of Use and Privacy Policy do not apply to the web sites of third parties. Access to any third party content and web sites is at your own risk and Moncler will have no liability to you for any loss or damage that you suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any third party content and web sites or caused by or in connection with any purchase of goods or services available on or through any such third party content and web sites.
4. YOUR USE OF THE MONCLER WEBSITE
You are permitted to use the moncler.com website and any of its Content for your personal and non-commercial use only and always in compliance with these Terms of Use. You may not and may not permit, assist or allow any third party to:
(i) copy, reproduce, publish, transmit, 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, web site;
(ii) access or use the Website or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on your own web site;
(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 moncler.com;
(iv) attempt to access any portion or feature of the Website that you are not allowed to without authorization, or any other systems or networks connected to the Website or any Moncler's 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 moncler.com 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 moncler.com website, or any other customer, 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 of others;
(viii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the moncler.com 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 working of the moncler.com website or any transaction being conducted on the same, or with any other person’s use thereof.
5. REGISTRATION AND ACCOUNT
To access certain services and to make purchases on the moncler.com website, you may need to register and open an account ("Account"). Please read the Terms and Conditions of Use of the My Moncler Services for more details on the services accessible by registration and the conditions for registration. If you create an Account, you will be responsible for maintaining the confidentiality of your login information and for controlling access to your Account. You will be responsible for all activity that occurs on your Account unless you inform Moncler that your Account has been used by a third party without your consent.
Moncler disclaims any liability for any loss or damage resulting from your failure to comply with the above obligations.
Instructions to close your Account can be retrieved at the following email address privacy@moncler.com
6. DISCLAIMERS - LIMITATION OF LIABILITY
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 your country , we invite you not to access the Website and, where you nonetheless choose to access it, we hereby inform you that your use of the services provided on moncler.com shall be at your own exclusive risk and responsibility.
Due to the dynamic nature of the Internet and the Internet connection, Moncler cannot guarantee that the Website will operate continuously, without any interruptions and/or that errors or defects will be corrected. If you experience any problem in using our Website, please contact our Customer Service at contact our Client Service. One of our representative will be at your disposal to assist and help you to restore your access to the Website, as far as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser.
Moncler will do all the possible to ensure that the Content of moncler.com is accurate and does not contain any incorrect or out-of-date information, acting with due professional diligence durint the whole time the Website is available. However, Moncler disclaims all warranties, express or implied, including any warranty of accuracy, completeness, non-infringement, 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 virus, 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 regarding users of the moncler.com website. However, provided Moncler has carried out its activities with a due professional diligence, Moncler shall not be deemed liable to you or anyone else for any loss and/or damage arising out of use of the Website and/or the Content, including without limitation, liability for:
(a) any loss of or corruption to data,
(b) loss of or damage to your computer equipment,
(c) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software.
Moncler shall not be held liable for damages that are the consequence of events beyond its reasonable control.
Nothing in these Terms of Use will exclude or limit Moncler's liability to you for fraud or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law.
7. OUR BUSINESS POLICY
Moncler has adopted a business policy; its mission consists of selling products through its web site to “consumer” only. “Consumer” shall mean any natural person who is acting on moncler.com for purposes which are outside his or her trade, business or professional activity (if any). If you are not a consumer, please do not use our website to purchase products on moncler.com. 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 General Terms and Conditions of Sale and these General Terms and Conditions of Use.
8. GOVERNING LAW
These General Terms and Conditions of Use are governed by Italian law.
Any dispute between Moncler and you, in your quality of Consumer, in connection with these Terms of Use, shall be subject to the jurisdiction of the country where you have your habitual place of residence or domicile.
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/, however Moncler has no obligation to participate in any alternative dispute resolution proceedings on the ODR platform.
If the user is not a Consumer, the exclusive jurisdiction will be that of the Court of Milan (Italy).