General Terms and Conditions of Sale

These 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.

ORDERS

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.

PRICES

All prices are in US Dollars. Prices may change without notice. The total invoice price (Total amount due) is inclusive of sales tax on taxable items shipped to destinations in the state of New Jersey. YOOX Corporation is currently not required to collect sales tax on items shipped to other destinations. Depending on the tax laws in each state, you may be required to pay use tax on purchases for which sales tax has not been collected. All prices are inclusive of customs and import duties.

GIFT CERTIFICATES

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 soon 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.

1. 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.
   
2. 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.
   
3. Gift Certificates must be redeemed through the US Site toward the purchase of merchandise listed in our online catalogue.
   
4. Gift Certificates are not redeemable for cash and cannot be returned for a cash refund.
   
5. Gift Certificates may not be used to purchase other Gift Certificates.
   
6. Any unused balance will remain on Gift Certificate and is non-transferable.
   
7. The original expiration date will apply to any unused balance on the Gift Certificate.
   
8. If the order exceeds the amount of the Gift Certificate, you must pay the balance by credit card.
   
9. Gift Certificates have a cash value of 1/10 of one cent.
   
10. Purchases made by using Gift Certificates are subject to our General Terms and Conditions of Use and General Terms and Conditions of Sale.
    
11. Returns made of items purchased using Gift Certificates will only be eligible 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 credit card will only be eligible for credit towards the credit card used.
    
12. All personal data collected during the sale and use of Gift Certificates will be treated in accordance with our Privacy Policy.
    
13. YOOX USA is not responsible for lost or stolen Gift Certificates. For assistance, contact YOOX Customer Care at the toll-free number 1-888-YOOX.COM (1-888-966-9266) Monday through Friday from 9:00 a.m. to 9:00 p.m. EST excluding holidays.
    
14. 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.
    
15. YOOX USA reserves the right to change these Terms and Conditions from time to time without notice.
    
16. 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.
    
17. 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

Value vouchers are personalized codes, also referred to as YOOX CODES, which allow you to take advantage of a discount on your purchase on YOOX.COM.

The YOOX CODE box is displayed on the first page of the cart: after you have inserted your items in the cart 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 cart will not receive a discount.

Restrictions to the use of value vouchers:

1. The value voucher can be used only once, with the exception of returns (as specified in paragraph 5.4)
   
2. The value voucher cannot under any circumstances be exchanged for money
   
3. You may not use more than one value voucher per order; The value voucher can be applied only to one item per order
   
4. The value voucher can be applied only to items with a higher value than the voucher itself
   
5. The value voucher cannot be applied to any Sample Sale item.
   
   

PURCHASE FOR PERSONAL USE ONLY

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.

COLORS

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.

SHIPPING COSTS

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 risks of loss and damage to the merchandise from the time the same 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.

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 from the date of delivery. Before sending your article of merchandise back to us, please refer to our return policy, in the Return Center, to make sure that all the conditions listed in such policy have been correctly satisfied. Your return can be sent to us by UPS, by using the preprinted label which you can find within the original shipment. Shipping of returned products will correspond to $ 6.00 if you decide to use UPS. 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 UPS. Return items must be given back to the courier within twenty (20) days from the date the package was delivered to you.

NO EXCHANGES

YOOX OFFERS NO EXCHANGES ON MERCHANDISE PURCHASED ON THE US SITE.

VINTAGE

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.

BINDING AGREEMENT

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.

SEVERABILITY

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.

PRIVACY

The terms and conditions of our Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of merchandise through the US Site.

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