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GENERAL TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the sale of products on our website ("yoox.com"). The products purchased on yoox.com are sold directly by YOOX NET-A-PORTER GROUP S.p.A. (the “Vendor”), company subject to the management and coordination of Compagnie Financière Richemont S.A., with registered office in Italy at via Morimondo 17, Milan 20143, business register number, tax code and VAT number 02050461207, fully paid share capital of EUR 1,337,413.05. 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 the Vendor of 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.

2. How to execute a sale contract with the Vendor pursuant to Italian Legislative Decree no. 70 of 9 April 2003
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 proposals, 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. In accordance with article 51, section 7 of Italian legislative decree no. 206 of 6 September 2005 (the "Consumer Code"), before sending your order proposal to the Vendor, we will provide you with a summary of the commercial and contractual conditions that will apply to your order proposal, a summary of the main characteristics of each product ordered and its unit price (including all applicable fees and taxes), the type of payment you may use to purchase each product, shipping methods for the purchased products, shipping and delivery costs, the Vendor's information, address and how to contact the Vendor, and the timeframe within which the Vendor – once it has accepted your order proposal – will deliver the products. The Vendor will also provide you with a summary of the terms and conditions for returning purchased products. If relevant, you will also be informed of whether you will have to bear the cost of returning the products. You will be reminded of the legal guarantee of product conformity, and we will provide you with information for contacting our after-sales service and also remind you that you can use the independent dispute resolution service “RisolviOnline” provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, as well as the option of using the European Commission's platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.

2.3
On the confirmation page of the receipt of the order proposal, which contains a reference to the General Terms and Conditions of Sale and the Return Policy, we will provide you with a summary of the main characteristics of each product indicated in the order proposal, the price (including all applicable fees and taxes), and the cost of shipping (including any additional fees you may be charged if you choose shipping that is faster than and/or different to standard shipping).

2.4
Your order proposal is an irrevocable offer to buy the products. Before submitting the order proposal form, you will therefore be asked to identify and correct any possible input errors. 

2.5
Upon submission of an order proposal form, the Vendor will email you a message confirming receipt of your order proposal. This email is an acknowledgement that the Vendor has received your order proposal, and does not confirm acceptance of it.

2.6

The contract shall be deemed concluded when the Vendor accepts your order proposal. The Vendor will send you a second email confirming the acceptance of the order proposal and the dispatch of the products.  This email will include a copy of these General Terms and Conditions of Sale and a summary of the Return Policy.

2.7

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 may access your order proposal form in the My Orders section.

2.8
English is the language used for finalising the contract with the Vendor.

2.9
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 proposal to the Vendor. If you have already paid for the products, 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.

2.10
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.

2.11
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

3. Guarantees and product price indication 
3.1
The website yoox.com exclusively sells 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 YNAP - of the product price or calculation of the amount requested at payment, YNAP will not accept the order proposal and contact the user to offer them the opportunity to send a purchase order proposal for 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.

3.7

All products sold by the Vendor are covered by a twenty-four (24) month guarantee for lack of conformity, as provided by the applicable law. You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact our Customer Care. In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.

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 Banca Sella, or to other 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 Return Policy. Once your return has been accepted, the respective code will be restored to 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 proposal. 

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
8.1
In accordance with article 52 of the Consumer Code, you have the right to withdraw from the sale contract with the Vendor for any reason and without incurring any penalty within fourteen (14) days from the day you received the products bought on yoox.com. Except in certain specific circumstances, duly specified in the Return Policy, you are not permitted to exchange or to replace purchased products with other products.

8.2
To withdraw from the sale contract, you may choose one of the following methods in accordance with article 54 of the Consumer Code:

a) Online submission to the Vendor of the Return Form found in the Customer Care area, completed in its entirety; in this instance, the Vendor will send you an e-mail confirming that they have received your return request.

b) Sending to the Vendor this Form – to be completed in its entirety and which is consistent with the template form as per art. 49, section 4 of the Consumer Code.

c) Sending the Vendor another declaration explicitly stating your decision to withdraw from the sale contract.

In instances b) and c), your declaration must be addressed to Customer Care at the registered office of YOOX NET-A-PORTER GROUP S.p.A., Via Morimondo no. 17, Milan. In such instances, you will be responsible for proving that you exercised your right to withdraw from the sale contract correctly and within the specified time frame.

8.3
In accordance with article 57 of the Consumer Code, once you have exercised your right to withdraw from the sale contract, you must the send the products back to the Vendor within fourteen (14) days of the date you notified the Vendor of your decision to withdraw.

8.4
The only expenses charged to you are those for returning the products, unless the Vendor expressly exempted you from those expenses when you made your purchase, and under the condition that you use the courier and shipping methods indicated below in sub-section 8.5.

8.5
The Vendor recommends you use the courier UPS (www.ups.com) for returning products. By using UPS and the pre-printed label – which carries the return address – enclosed in the original order, you can return products to the Vendor without having to pay upfront for their return. The Vendor will directly pay the return shipping costs of the products on your behalf, relieving you from having to make a payment to the courier. For the payment of returning the products, the Vendor will deduct a fee equal to the cost of standard shipping from your refund. Furthermore, from the moment in which you hand over the purchased products to the courier recommended by the Vendor, the Vendor will relieve you from any responsibility for loss or damage to the products during transit.

8.6
If you decide to return products using a shipping method other than the one indicated by the Vendor in sub-section 8.5, you will have to pay the return shipping costs upfront and you will be responsible for any loss or damage to the products during transit.

In this event, you will also be refunded an amount equal to the standard shipping cost of the purchased products although, as per art. 56, section 2 of the Consumer Code, you will not be refunded for any additional costs incurred due to choosing another kind of shipment and delivery that is different to or faster than the standard method. In this instance you may still be held liable if the products are lost or damaged during transit, whether due to your improper choice of carrier and/or the shipping methods.

8.7
The right to withdraw from the sale contract – besides compliance with the terms and procedures as described above in sub-sections 8.1, 8.2, 8.3 and 8.4 – shall be deemed correctly exercised if the following conditions have been fully met: 

a. The right to withdraw has been correctly exercised within fourteen (14) days of receiving the products 

b. The products have not been used, worn or washed 

c. The identification tag with the disposable seal is still attached to the products as it constitutes an integral part of the product

d. The products are returned with their original packaging (if you want to return a kit, it must include all of its components);

e. The products are handed over to the courier within fourteen (14) days of the date you notified the Vendor of your decision to withdraw from the sale contract

f. The products are not damaged

In accordance with article 59 of the Consumer Code, the right to withdraw from the sale contract is excluded in the event that you purchased customised or personalised products, or sealed items that were opened after delivery and that cannot be returned for health or hygiene reasons (such as, for example, products belonging to the “Cosmetics” category, whose sealed packaging has been opened). 

8.8 
The Vendor shall check whether the products returned comply with the terms and conditions indicated in sub-section 8.7 above.

If the right to withdraw has been exercised in accordance with the terms and conditions indicated above, the Vendor will send you an e-mail confirming the acceptance of the returned products and will refund the amount paid for purchasing the products according to the terms and procedures set out.

8.9
You will be refunded as quickly as possible, and, in any case, within fourteen (14) days of the date the Vendor was informed of your decision to withdraw from the sale contract. We will begin processing your refund once we have verified that the terms and conditions above have been properly met.

8.10
In the event that your return does not comply with the terms and conditions set out in letters a), e) and f) of previous sub-section 8.7 or of art. 59 or the Consumer Code, you will not be entitled to any refund of the amount already paid to the Vendor. The Vendor will inform you via e-mail if your return is not accepted. Within 14 days of the e-mail sent informing you that the return has not been accepted, you may choose, at your own expense, to have the products sent back to you in the conditions they were returned to the Vendor, informing the Vendor of this choice in accordance with the terms that will be communicated to you. Otherwise the Vendor may keep the products, as well as the amount paid for purchasing them. 

Should the conditions of letters b), c) and d) of previous sub-section 8.7, not be respected, you will not be entitled to a full refund of the amount already paid to the Vendor. In accordance with art. 57, section 2 of the Consumer Code, you will be liable for any decrease in value of the products returned to the Vendor resulting from any use of them other than what is necessary to verify their nature, characteristics and functioning. In this event, the estimated reduction in value of the products will be deducted from the refund, which will amount to between 10 and 90 percent of the amount you paid to the Vendor for the products purchased, and which the Vendor will specify to you via e-mail accordingly. Within 14 days of the e-mail sent informing you of the amount deducted from the refund, you can choose, at your own expense, to have the products returned to you in the conditions they were sent back to the Vendor, informing the Vendor of this choice in accordance with the terms that will be communicated to you. Otherwise the Vendor may keep the products as well as the amount corresponding to the percentage deducted from the refund. 

The Vendor is not responsible for items that are incorrectly delivered to its warehouse or for items that have been left in the returned products or in the packaging.

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 fourteen (14) 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.

9.3
The credit's value date will be the same as the original debit. You will not, therefore, suffer any losses in terms of bank interest.

10. Moneyoox

10.1

As an alternative to receiving a refund on your Credit/Debit Card, PayPal account or your Bank Account, you can choose to receive a credit ("Moneyoox") to your online MYOOX account equal to the value of the refund that you are entitled to.

If you want to receive Moneyoox instead of having your Credit/Debit Card, PayPal or Bank Account refunded, you must select the corresponding box on the Return Form.

The refund amount will be credited when YOOX accepts your return. Upon issue of Moneyoox you will receive a confirmation e-mail indicating the store credit amount.

The Moneyoox will be used partially or in full towards purchases on yoox.com based on the order's value and until the store credit is used up.

To find out how much Moneyoox you have, consult MYOOX. You can also request full reimbursement of your Moneyoox, and we will credit the amount by bank transfer or to your PayPal account. Receiving a refund in the form of Moneyoox is non-transferrable and is available only to MYOOX registered users.

If you return items paid in full with Moneyoox, you will automatically be refunded with Moneyoox when those returned items are accepted.

If you return items partially paid with Moneyoox, you may choose to:

- receive a full refund with Moneyoox

- receive a partial refund with Moneyoox for the amount paid with Moneyoox, and the standard refund procedure for the remaining amount.

YOOX will process the full reimbursement of your Moneyoox within 48 hours of receiving your request. YOOX shall not be responsible in the event of incomplete or wrong bank information.

After using part or asking for a complete refund of your Moneyoox, you can consult the corresponding MYOOX section to check how much Moneyoox you have left or that the total reimbursement took place.

10.2

Moneyoox issue and use: choosing a refund in the form of Moneyoox is available only to MYOOX registered customers and in relation to returned merchandise that has been paid for.

Moneyoox cannot be used together with Value Vouchers (see paragraph 5).

11. Privacy Policy
11.1
You will find information on how we process your personal data in our Privacy Policy.

11.2
Please also read, if you haven't already done so, our General Terms and Conditions of Use.

11.3
For further information on our Privacy Policy, you can contact our Customer Care, selecting "Privacy", or send a request to the email address privacy@yoox.com or to the registered office of the Vendor (YOOX NET-A-PORTER GROUP S.p.A., via Morimondo, 17 – Milan 20143, Italy).

12. Governing law and dispute resolution
12.1
Without prejudice to the application of the mandatory consumer protection provisions, the General Terms and Conditions of Sale are governed by Italian law and in particular by the Italian Consumer Code and by Italian legislative decree no. 70 of 9 April 2003 ("Implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market").

12.2
In the event of a dispute between the Vendor and an end user arising from the General Terms and Conditions of Use, the Vendor agrees to and accepts the RisolviOnline dispute resolution service. RisolviOnline is an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, which facilitates an amicable solution to disputes with the help of a neutral and competent online ADR entity. For information on RisolviOnline's rules or to send a dispute resolution request, please visit risolvionline.com

12.3
Please note that the European Commission provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.

12.4

For any disputes arising from purchases and/or these General Terms and Conditions of Sale, the competent court shall be that of the consumer's place of domicile or residence in accordance with applicable law or, at the consumer's request, the Court of Milan.

13. 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.