General Terms and Conditions of SaleThese General Terms and Conditions of Sale govern the sale of merchandise by YOOX Corporation ("YOOX USA" or "we") to you through the US section of YOOX.COM (the "US Site"). The US Site is available only for purchases within the United States. Your use of the US Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
All orders are subject to written acceptance by YOOX USA. All orders will be confirmed by YOOX USA, in writing, by e-mail. Merchandise displayed on the US Site may be out-of-stock or discontinued.
YOOX reserves the right to refuse returns of any merchandise or any future orders when a customer has carried out an excessive number of returns beginning from the date of the first return.
All prices are in US Dollars. Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the payment page of the Checkout.
The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the Checkout may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation e-mail.
All prices are inclusive of customs and import duties.
Available in multiple denominations, gift certificates can be applied to all purchases within the United States and sent immediately to anyone with an e-mail address. You just have to complete the form and proceed to checkout and your special someone will be sent your gift certificate. The recipient can activate it with just one click and the fun begins. You will receive an e-mail confirming that the gift certificate was sent and another to let you know that it was activated. Should the recipient not activate the gift certificate within 30 days, YOOX will automatically issue you a complete refund.
- These terms and conditions ("Terms and Conditions") govern the sale of gift certificates ("Gift Certificates") by YOOX Corporation ("YOOX USA" or "we") to you through the US Section of YOOX.COM (the "US Site"). The US Site is available only for purchases within the United States. Your use of the US Site to purchase Gift Certificates indicates your agreement to follow and be bound by these Terms and Conditions.
- Gift Certificates are valid for 18 (Eighteen) months from the date of purchase, except where prohibited or otherwise limited by law. Gift Certificate expiration dates do not apply in California, Connecticut, Maine, Rhode Island, and Washington. Gift Certificate expiration dates do not apply in New Hampshire for Gift Certificates with initial cash balances of $100.00 or less. Gift Certificate expiration dates also do not apply in any other jurisdiction when prohibited by law. Expiration dates are amended to the statutory minimum in jurisdictions which require a minimum validity period which is greater than the validity period of the Gift Certificate. This list may not be exhaustive and is subject to change without notice to prior, current or future Gift Certificate purchasers. With the exception of Massachusetts, Washington, Vermont and any other jurisdiction which permits the redemption of certain remaining cash balances on gift certificates.
- Gift Certificates must be redeemed through the US Site toward the purchase of merchandise listed in our online catalogue.
- Gift Certificates are not redeemable for cash and cannot be returned for a cash refund.
- Gift Certificates may not be used to purchase other Gift Certificates.
- Any unused balance will remain on Gift Certificate and is non-transferable.
- The original expiration date will apply to any unused balance on the Gift Certificate.
- If the order exceeds the amount of the Gift Certificate, you must pay the balance by credit card.
- Gift Certificates have a cash value of 1/10 of one cent.
- Purchases made by using Gift Certificates are subject to our General Terms and Conditions of Use and General Terms and Conditions of Sale.
- Returns made of items purchased using only a Gift Certificate will be eligible only for credit towards the original Gift Certificate. The original expiration date will apply on such credits. Returns made of items purchased using Gift Certificates plus a credit card, will first be refunded the Gift Certificate until the original balance is restored. The remaining amount of the refund will be issued to the credit card used as payment.
- YOOX USA is not responsible for lost or stolen Gift Certificates. For assistance, contact YOOX Customer Care at the toll-free number 1-877-505-9669, Monday through Friday from 9:00 a.m. to 11:00 p.m. EST excluding holidays.
- YOOX USA AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- YOOX USA reserves the right to change these Terms and Conditions from time to time without notice.
- If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions remain in full force to the extent permitted by law.
- Risk of loss and title to the Gift Certificates pass to the Gift Certificate purchaser upon electronic transmission to the Gift Certificate recipient.
Value vouchers are personalized codes, also referred to as YOOXCODES, which allow you to take advantage of a discount on your purchase on YOOX.COM.
The YOOXCODE box is displayed on the first page of the Checkout: after you have inserted your items in the Shopping Bag and entered your code, press New Total. In the pop-up window, you will need to select the item to which you wish to apply your voucher. Select the item and press APPLY. Value vouchers can be used only on a single item from your order, therefore any other item inserted in the Shopping Bag will not receive a discount.
Restrictions to the use of value vouchers:
- The value voucher can be used only once, with the exception of returns (as specified in paragraph 5.4).
- The value voucher cannot under any circumstances be exchanged for money.
- You may not use more than one value voucher per order. The value voucher may only be applied to one item per order.
- The value voucher can be applied only to items with a higher value than the voucher itself.
- The value voucher cannot be applied to any Sample Sale item.
You may purchase products on the US Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
YOOX USA has made every effort to display as accurately as possible the colors of the merchandise that appear on the US Site. However, since the actual colors you see will depend on your monitor, we cannot guarantee that your monitor will accurately display the actual colors of the merchandise.
You are responsible for the shipping costs associated with the delivery of merchandise you purchased on the US Site.
SHIPMENTS AND DELIVERY
You bear all risk of loss and damage to the merchandise that has cleared YOOX USA's fulfillment house. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by a common carrier.
We would like to remind you that all items purchased are intended for use in the country they were ordered from. If, however, you decide to take the items to another country, you will be responsible for adhering to both the exportation legislation of the order country and the importation legislation of the destination country. YOOX shall not be held liable.
RETURNS AND REFUNDS
We want to make sure that you are completely satisfied with your purchase. If, for any reason, you are not satisfied with your order, you may return your UNUSED article of merchandise by filling out the online Return Form within twenty (20) days of the date of delivery. Before sending your article of merchandise back to us, please refer to our return policy, in the Return Policy page, to make sure that all the conditions listed in such policy have been correctly satisfied. Your return can be sent to us by UPS, using the preprinted label found within the original shipment. The costs of shipping returned products with the enclosed UPS label is $ 6.95. Please visit UPS/drop-off to find the UPS drop-off location nearest to you. You may also give your package to a UPS driver. If you prefer you can send the return at your expense, with a courier of your choice. We are not responsible for any loss or damage to your merchandise if you ship your return without using the pre-printed UPS label. Return items must be given back to the courier within twenty (20) days of the date the package was delivered to you. Except for certain specific cases, included in the Returns of Merchandise section, purchased products may not be exchanged.
CONDITIONS FOR THE EXCHANGE OF PRODUCTS
In certain specific cases, duly specified in the Returned Goods Form, you are allowed to replace purchased products with other products, instead of being refunded the relative price.
The request for an exchange is subject to the following conditions:
- a. exchanges shall only be permitted with respect to certain products, such products shall be identified by the use of the word “REPLACEMENT” as indicated in the Returned Goods Form;
- b. exchanges will only be permitted for a different size or color or the product you originally ordered. The available exchange options will be indicated in the Returned Goods Form;
- c. you may request the exchange of one or more purchased products within and not later than twenty (20) days from their date of delivery, by filling in the Returned Goods Form and sending it via electronic means to YOOX within the aforementioned deadline. The products to be replaced must be handed over to the forwarder within twenty (20) days of their date of delivery;
- d. you may only submit a single exchange request for each product purchased;
- e. the products for which you request the exchange must be returned to YOOX in their original condition and packaging, they must not have been used, worn, washed or damaged, and they must still have their identification tag attached with the disposable seal;
- f. the products to be exchanged that belong to a single order must be returned to YOOX in a single shipment. YOOX reserves the right to refuse products of the same order that are shipped for exchange separately.
If all the above conditions are properly satisfied, once you have filled out and transmitted the Returned Goods Form containing your request for an exchange, YOOX will process said request by sending you a relevant confirmation email.
DEADLINES AND PROCEDURE FOR OBTAINING EXCHANGES
After receiving the products you intend to exchange and verifying that all the above-mentioned requirements have been fulfilled, YOOX will verify the actual availability in its warehouses of the replacement products having the size and/or color you have selected.
If the selected replacement product(s) is not available in its warehouses, YOOX will not be able to accept your request for an exchange and will thus refund you the price of the product(s) originally purchased, in accordance with the procedures specified in YOOX’s Return Policy.
If the selected replacement product(s) is available in its warehouses, YOOX will accept your request for an exchange and will therefore send you an email confirming the shipment of the replacement product(s). In this case, shipment will occur within thirty (30) working days of the date in which YOOX becomes aware of your request for an exchange, once the company verifies that the latter fulfills all the above-mentioned requirements. The expenses for shipping the replacement products shall be borne by YOOX, with a courier to be selected by YOOX.
If the price of the purchased product is lower or higher than the chosen replacement product, you will not be granted a refund nor will you be required to pay the relative price difference; keeping in mind that your replacement selection will be limited to the same model as originally purchased (size and/or color may vary).
You will be contacted if your request for an exchange cannot be accepted due to your failure to fulfill the aforementioned conditions. In this case, you may choose to have the products you initially intended to exchange shipped back at your expense. Should you refuse this shipment, YOOX reserves the right to keep the products and withhold the amount paid therefor.
If you wish to exchange or return the replacement product(s) received by you, such return or exchange will be subject to a subsequent goods return procedure, pursuant to and within the limits of YOOX’s Return Policy.
YOOX Corporation (“YOOX USA”) is pleased to offer our registered users with MYOOX accounts the option to receive online store credit at yoox.com in lieu of a refund on eligible returns.
Please see our Return Policy for more information about how to elect to receive Moneyoox credit.
The following terms and conditions apply to Moneyoox credit (the “Moneyoox Terms and Conditions”).
- To elect to receive Moneyoox it is necessary to select the corresponding box inside the Return Form
- Moneyoox may only be used for purchases made at yoox.com within the United States. Your election to receive Moneyoox at yoox.com indicates your agreement to follow and be bound by these Moneyoox Terms and Conditions.
- Please log into your MYOOX Account in order to determine the balance of your Moneyoox credit. While YOOX USA endeavors to promptly update your Moneyoox account balance, there may be occasions when the updated balance is delayed for a period of time.
- Moneyoox does not expire and YOOX USA does not assess service fees for your failure to use your Moneyoox.
- Moneyoox may only be used by the original MYOOX account holder and are non-transferable.
- Moneyoox is only issued in lieu of a refund when a registered user returns an item purchased at yoox.com, complies with all requirements of yoox.com’s Return Policy, and elects to receive Moneyoox credit.
- Moneyoox may be used in addition to another accepted payment method in order to make purchases in amounts that exceed the amount of the Moneyoox credit. Notwithstanding the foregoing, Moneyoox may not be combined with Gift Certificates and Value Vouchers.
- YOOX USA does not offer cash refunds or refunds to your credit card for unused Moneyoox. Accordingly, if, upon returning an item to YOOX USA, you elect to receive a credit in the form of Moneyoox, credits for any future returns of purchases made with Moneyoox will always be is the form of a Moneyoox credit and will not, under any circumstances, be redeemable for cash or credit card refunds.
- Moneyoox may not be used to purchase Gift Certificates.
- Returns made of items purchased using Moneyoox will only be eligible for credit towards the original Moneyoox credit. Refunds for returned items purchased using Moneyoox in addition to another payment method will be allocated in the same manner as the original purchases, towards the Moneyoox credit, up to the full amount of the order paid with such credit and towards the other payment method used for any remaining amount.
- By electing to receive Moneyoox, you are certifying and representing to YOOX USA that the activities in connection with which the Moneyoox credit will be used will comply with these Moneyoox Terms and Conditions and all applicable laws, rules and regulations, including our General Terms and Conditions of Use, General Terms and Conditions of Sale. In addition, you agree to defend and indemnify YOOX USA and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of Moneyoox or violation of any of these Store Credit Terms and Conditions.
- YOOX USA AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MONEYOOX, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- YOOX USA reserves the right to change these Moneyoox Terms and Conditions from time to time without notice.
- If any provision of these Moneyoox Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions remain in full force to the extent permitted by law.
THE MERCHANDISE DISPLAYED IN THE VINTAGE SECTION OF THE US SITE MAY BE SECOND HAND AND/OR IN A WORN CONDITION.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOOX USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE US SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. YOOX USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
YOOX USA's order confirmation and these General Terms and Conditions of Sale shall be deemed the final and integrated agreement between YOOX USA and you on the matters contained in these General Terms and Conditions of Sale.
GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.