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AUSTRALIA

GENERAL TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the sale of products on our website yoox.com ("yoox.com"). The products purchased on yoox.com are sold directly by YOOX Asia Limited (the “Vendor” or "YOOX") with registered office in Level 27 28 Hennessy Road Wan Chai, Hong Kong. Requests for information should be made through our Customer Care service. For further assistance, please go to our Customer Care area where you will find information on purchases, shipping, refunds and returning products purchased on yoox.com. Remember that you can always contact the Vendor through Customer Care. For any other legal information, please visit the following sections: General Terms and Conditions of UsePrivacy Policy and Return Policy.

1. Our Business Policy
1.1 
The Vendor offers products for sale on yoox.com and its e-commerce business services are available exclusively to its adult end users, i.e. "consumers". 

1.2 
“Consumer" means any individual who is acting for purposes outside of his or her trade, business or profession. If you are not a "consumer", please do not buy any products on yoox.com. 

1.3 
The Vendor reserves the right not to accept purchase order proposals received from users who are not "consumers", and any other order proposal that does not comply with its business policy, such as order proposals for which there are reports or suspicion of fraudulent or illegal activity. In such cases, the Vendor will inform the user that the order proposal has not been accepted.

The order proposals transmitted to the Vendor and the returns made by the users must also match with normal consumer needs. The Vendor monitors the number of order proposals and returns.

1.4
These General Terms and Conditions of Sale exclusively regulate the transmission by the users of yoox.com and the acceptance by order proposals relating to products on yoox.com. 

1.5
The General Terms and Conditions of Sale do not apply to the provision of services or the sale of products by third parties that are present on yoox.com via links, banners or other hypertext connections. Before sending orders and purchasing products and services from third parties, we recommend that you verify their terms and conditions. Under no circumstances shall the Vendor be deemed liable for the supply of third party services or for the execution of e-commerce transactions between users of yoox.com and third parties.

1.6

Except as provided otherwise in these General Terms and Conditions of Sale, a person who is not a party to these General Terms and Conditions of Sale shall have no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce or enjoy the benefit of any provision of these General Terms and Conditions of Sale.

2.  How to execute a sale contract with the Vendor
2.1
To execute a contract of sale for one or more products on yoox.com, you must fill out the online purchase order proposal form and send it electronically to the Vendor, following the relevant instructions. 

2.2
Before sending your order proposal, we ask that you carefully read the General Terms and Conditions of Sale and the Return Policy, print a copy using the print option and keep it safe for your own personal use. Before sending your order proposal to the Vendor, we will provide you with a summary of the main characteristics of each product ordered and its unit price, the type of payment you may use to purchase each product, shipping methods for the purchased products, shipping and delivery costs.


2.3
Your order proposal is an irrevocable offer to buy the products. Before submitting the order proposal form, you will be therefore asked to identify and correct any possible input errors. 

2.4
The order proposal form sent to the Vendor will be filed in our database for the time required to process it and as stated by law. You will receive an email by yoox.cn acknowledging that your order has been received. You may access your order form in the My Orders section. 

2.5
English is the language used for finalising the contract with the Vendor.

2.6
The Vendor may not accept order proposals that do not provide sufficient guarantees of solvency, are incomplete or incorrect, or if the products are no longer available.

In this event, we shall inform you via e-mail that the contract has not been executed and that the Vendor has not accepted your purchase order proposal, specifying the reasons thereof. If the products displayed on yoox.com are no longer available or for sale at the time your order proposal is received or fulfilled, then the Vendor shall inform you of the unavailability of the products you wish to purchase within thirty (30) days from the day after you submitted your order to the Vendor. If you have already paid for the products ordered, the Vendor will refund the amount paid without undue delay and the contract between the parties will be deemed terminated. 

The Vendor reserves the right not to accept order proposals in the cases outlined in sub-section 1.3.

2.7
By submitting an order proposal form, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with the Vendor. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order proposal form for the purchase of products on yoox.com.

2.8
By submitting an order proposal form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on yoox.com, including those accessed via links, and including the General Terms and Conditions of UsePrivacy Policy and the Return Policy

2.9
Upon submission of an order proposal form, the Vendor will email you an electronic order acknowledgment.

2.10

The sale contract shall be deemed completed only when you receive a formal acceptance of the order proposal by the Vendor and a shipping confirmation containing the General Terms and Conditions of Sale, after that the Vendor has analyzed your order proposal, completed the order verification and relevant processing procedure. For sake of clarity, please note that the email confirming the receipt of your order proposal, as indicated in section 2.4 above, shall not be deemed that your order proposal has been accepted by the Vendor, but it is only a confirmation that your order proposal has been properly placed on yoox.cn and that your request is under process.

3. Guarantees and product price indication 
3.1
On yoox.com, we sell luxury and top-quality products. These products are purchased by YOOX directly from fashion houses, manufacturers and dealers, carefully selected for their stringent quality control.


3.2
The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. Only vintage products, which are sold in a specific area on yoox.com, may be second hand and/or in a worn condition because of the particular nature of the product. In the description of each vintage product, YOOX will specify the preservation conditions of the products if different from the standards set by the market.

3.3
The main characteristics of the products are shown on each product page on yoox.com. The images and colours of the products displayed on yoox.com may not correspond exactly to the true garments due to the Internet browser or monitor used.

3.4
Prices are subject to change. Please check the final price before sending your order proposal form. In the event of a recognizable error in the indication - by YOOX - of the product price or calculation of the amount requested at payment, YOOX will be entitled not to accept the order proposal and contact the user to offer the opportunity to purchase the product(s) at the correct price.

3.5
The Vendor cannot accept purchase requests from countries not listed on the splash page.

3.6
All products come with an identification tag with a disposable seal attached.

4. Payment
4.1
Payment of the price of the products and the costs of their shipping and delivery must be made using one of the methods indicated on the order proposal form. Under no circumstances will you be charged more than the cost incurred by the Vendor relative to the payment method chosen by you. 

4.2
In the case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent via an encrypted protocol to the banks which provide remote electronic payment services, without third parties having any access whatsoever thereto. These details will not be used by the Vendor except for carrying out procedures relevant to your purchase, or issuing refunds in the case of returns, subsequent to the exercise of your right to return, or for reporting cases of fraud on yoox.com to the police. The price for the purchase of products and the costs for their shipping and delivery as indicated on the order proposal form will be charged to your account at the moment in which the purchased products are shipped.

5. Value Vouchers

5.1

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.

5.2

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.

5.3

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 proposal;

The value voucher can be applied only to one item per order proposal;

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" or "Charity Sale" items.

5.4

If for any reason you are not satisfied with your order, you may return the item to which you applied the value voucher by following the standard return procedure, as described in the Returns and Refunds section. Once your return has been accepted, you may request the reactivation of the code with its original value. The difference in price between the value voucher and the item you purchased will be fully reimbursed, following the standard refund procedure.

6. Shipping and delivery
6.1

For information about product shipping and delivery procedures, please visit the Customer Care area. Please read this section carefully. The information provided therein is an integral part of these General Terms and Conditions of Sale and, consequently, it shall be assumed that you have fully read and accepted them when you submit your order. 

7. Customer Care 
7.1

If you have any questions, please contact our Customer Care. For more information, please visit the Customer Care area.

8. Return Policy
Please click here for details of our Return Policy, which is part of these General Terms and Conditions of Sale.

9. Refund times and procedures
9.1

Regardless of the payment method used, the full or partial refund will be processed by the Vendor as quickly as possible and, in any case, within seven (7) days of the date the Vendor was notified of your decision to withdraw, once full compliance with the return procedures and the returned products have both been verified.

9.2
The Vendor will refund you using the same payment method you used for purchasing the returned products, unless you have expressly agreed with the Vendor on a different payment method and under the condition that you will not be subject to any additional charge as a consequence of the refund. If the recipient of the products indicated in the order proposal form is different from the individual who made the payment for such products, and if the right to withdraw from the sale contract is then exercised, the refund will be made by the Vendor to the individual who made the payment.

10. Privacy Policy
10.1
You will find information on how we process your personal data in our Privacy Policy.

10.2
Please also read, if you haven't already done so, our General Terms and Conditions of Use.

10.3
For further information on our Privacy Policy, you can contact our Customer Care, selecting "Privacy", or send a request to our email address privacy@yoox.com.

11. Governing law and dispute resolution

11.1

The General Terms and Conditions of Sale are governed by the laws of Hong Kong Special Administrative Region.

11.2

For any disputes arising from orders and/or these General Terms and Conditions of Sale, the parties hereby submit the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

12. Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to changes in the law. The new General Terms and Conditions of Sale are effective as of the date of publication on yoox.com.