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GENERAL TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the offer and 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. ("YOOX" or the “Vendor”), with registered office in Italy at Via Morimondo 17, 20143, Milano, 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: click here to contact Customer Care.

If you need any assistance, go to the Customer Care area, where you will find  information on orders, shipping, refunds and returning products purchased on yoox.com, as well as and other general information on the services provided by yoox.com.

1. Our Business Policy

1.1
YOOX offers products for sale on yoox.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".

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

1.3
YOOX reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with YOOX's business policy.

1.4
These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on yoox.com between the users of yoox.com and YOOX.

1.5
The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on yoox.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions, since YOOX shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of yoox.com and third parties.

2. How to Execute a Contract with YOOX

2.1
In order to place an order for the purchase of one or more products on yoox.com, you must fill in the online order form and send it electronically to YOOX, following the relevant instructions.

2.2 Before purchasing the products, you will be asked on the order form to carefully read the Terms and Conditions of Sale and the Informational Note on the right of withdrawal, to print a copy of them using the print command, and to then save or make a copy thereof for your personal records.
The order form contains a link to these General Terms and Conditions of Sale, and also contains information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and shipping costs, and references to the terms and conditions for returning purchased products, procedures for handling trader complaints, shipping and delivery costs, as well as the Vendor’s details, mailing and e-mail addresses, and the deadline by which the Vendor promises to deliver the goods. The Vendor will also provide you with a summary of the terms and conditions for exercising your right of withdrawal and the procedures and time limits for returning the purchased products (according to the Return Form). You will also be informed of the circumstances under which you would lose the right to withdraw from the contract, in accordance with consumer protection legislation. If applicable to the purchase, you will be informed that, in the event of withdrawal, you will be required to bear the cost of returning the products. You will in any event be reminded that there is a legal warrantee in conformity with the products, and you will be provided with the details for contacting our after-sales service department.

2.3
Our order form, which appears immediately prior to the conclusion of the purchase contract, provides you with brief information regarding the essential features of each product ordered, the price (including all applicable taxes or fees) and the shipping costs (including any additional costs you would incur for having chosen another type of shipping and delivery that is faster than the standard service).  An order shall be deemed submitted when YOOX receives your order form electronically and the order's information has been verified as correct.

2.4
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.

2.5
When transmitting the order form, you will be advised that forwarding the order constitutes an obligation to pay the price indicated. The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Order in the Customer Care area.

2.6
Before submitting the order form, you will be asked to identify and correct possible input errors.

2.7
The submission of orders to YOOX must be in English.

2.8
After your order form has been submitted, YOOX will process your order.

2.9
YOOX may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that YOOX has not carried out your purchase order specifying the reasons thereof. If the products displayed on yoox.com are no longer available at the time of your last access or once YOOX has received your order form, YOOX shall inform you of the unavailability of the ordered products within thirty (30) days of the day after YOOX has received your order.
If the order form has been sent and the price has been paid for items that are no longer available, YOOX will refund the amount paid for those items, without undue delay, and the contract between the parties will be deemed to have been terminated
.
2.10
By submitting an order form to YOOX, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with YOOX. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on yoox.com.

2.11
Once the contract has been entered into, the Seller will send you by e-mail a receipt of the purchase order, which contains the General Terms and Conditions of Sale and the summary document on Right of Withdrawal and therefore, all of the information already contained in the summary of commercial and contractual terms and conditions which was viewed prior to making the purchase. By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on yoox.com, also through links, including the General Terms and Conditions of Use, Privacy Policy and Return Policy.

2.12
Upon submission of an order form, YOOX shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, detailed information on price, terms of payment, return policy and shipping costs).

2.13
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.

3. Guarantees and Product Price Indication

3.1
On yoox.com, we offer for sale 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
YOOX 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 products are shown on yoox.com on each product page. The products offered for sale on yoox.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.

3.4
Prices are subject to change. Check the final price of sale before sending the relevant order form.

3.5
Orders made from a Country site different from the one you are shipping to, or to addresses to which YOOX cannot ship, will be automatically cancelled.

3.6
All products come with an identification tag attached with a disposable seal. Do not remove the tag or seal from the purchased products should you wish to return the purchased product.

3.7
In accordance with consumer protection legislation, you will be liable for any decrease in the value of products purchased on yoox.com resulting from any use of the same products other than that which is necessary to verify their nature, characteristics and functionality. Therefore, should you decide to exercise your right to return purchased products, YOOX has the right to not accept returned products or to not fully refund the amounts paid for purchased products that are returned without the corresponding tag or seal or that have been altered from their original status or damaged, as is more extensively clarified under paragraph 8.7.

3.8
Without prejudice to the application of the mandatory consumer protection provisions, all products sold by the Vendor are covered by a twenty-four (24) month guarantee for lack of conformity. 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. Payments

4.1
Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form. Under no circumstance will you be charged costs that are higher than those actually incurred by the Vendor, in relation to your previously selected payment method.

4.2
In case of payment by Credit Card or Debit Card, all details (for example, Card Number or Expiration Date) will be sent by encrypted protocol to Banca Sella or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by YOOX except for performing the procedure relevant to your purchase or issuing refunds in the case of returns, in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the relevant costs for shipping and delivery, as indicated in the order form, will be charged to your current account when the purchased products are actually shipped.

5. Value Vouchers

5.1
Value vouchers are personalised 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;
  • The value voucher can be applied only 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 or Charity Sale items.


5.4
In the event that you wish to exercise the right to return in accordance with consumer protection legislation, and you wish to return the item to which you applied the value voucher, you must follow the standard return procedure, as described in the  in the Returns and Refunds section. 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 reimbursed according to the time frame of our standard refund procedure.

6.Shipping and Delivery of the Products

6.1
For specific product shipping and delivery procedures, please visit the Customer Care area and read the Shipping section. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.

7. Customer Care

7.1
To request any additional information, please contact us by visiting our Customer Care area.

8. Right to return in accordance with consumer protection legislation

8.1
In accordance with consumer protection legislation, you may return products purchased from yoox.com, without any penalty and without specifying the reason, within fourteen (14) days of receiving the products purchased on yoox.com, using the Return Form (in conformity with the standard form pursuant to Art. 49, Subsection 4 of the Consumer Code), which may be filled out and sent directly online through the website, or you may draft and send the Vendor another declaration explicitly stating your decision to withdraw from the contract.
If you choose to use the Return Form to send the form directly online through the website, the Vendor will send you an e-mail confirming receipt of the withdrawal request.
Should you instead choose to send another type of withdrawal statement, you will be responsible for proving that you exercised your withdrawal right in a proper, timely manner.


8.2
In order to withdraw from the contract and make a return, you may choose one of the following methods, in accordance with consumer protection legislation, within fourteen (14) calendar days (beginning on the day you received the products (or for purchases of multiple products, the day on which you received the last product)): i) use of the Return Form (in conformity with the standard form in accordance with consumer protection legislation, to be duly compiled and submitted directly online through the site yoox.com; ii) use of the Form (in conformity with the standard form in accordance with consumer protection legislation), duly compiled and submitted to the Vendor; iii) sending the Vendor another declaration explicitly stating your decision to withdraw from the contract. If you choose to use the Return Form to send the form directly online through the website yoox.com, the Vendor will send you an e-mail confirming receipt of the withdrawal request.
Should you instead choose to send another type of withdrawal statement, you will be responsible for proving that you exercised your withdrawal right in a proper, timely manner.


8.3
Once you have exercised your right to withdraw from the contract, you must return the products to the Vendor, sending them to the shipping agent for shipment within fourteen (14) days of when you informed the Vendor of your decision to withdraw from the contract. 


8.4
Should you decide to use the courier indicated by YOOX in the online Return Form, YOOX will pay for the return shipping costs for you and will relieve you from direct payment to the courier. YOOX will withhold a flat rate as payment for the return shipping, which will correspond to the original costs paid for the shipping and delivery of the order. Additionally by using this courier indicated by YOOX in the online Return Form, the Vendor relieves you from any responsibility for any loss or damage to the products during transport.

8.5
Should you decide to use a different shipping method than the one indicated by the Vendor in the Return Form, you must instead pay upfront for the costs you have incurred for returning the purchased products. In that case, in accordance with consumer protection legislation, you will also be refunded an amount equal to the cost of the standard shipping of the purchased products, although you will not be refunded for any additional costs you incurred due to having chosen another kind of shipment and delivery or one that is faster than the standard method. In this case you will still be able to be held liable if the products are lost or damaged during transport, whether due to your negligent choice of carrier and/or the shipment methods.

8.6
Except in certain specific circumstances, duly specified in the Returns section, you are not permitted to exchange or to replace purchased products with other products. Exchanges are allowed in certain circumstances if requested not later than fourteen (14) days of the date of delivery of the products by using the online return or exchange form on our website which can be accessed by inputting your order number (the "Return Form"). You may only request the replacement of one or more purchased products from a single order with products that are the same model but a different size and/or colour. The available replacement options will be indicated in the online Return Form on our website.

8.7
The return right - besides compliance with the terms in accordance with consumer protection legislation and the procedures described at par. 8.1, 8.2 and 8.3 above - shall be deemed correctly exercised once the following conditions have been fully met:

 

  • days from receipt of the productsating your decision;
  • produ identification tag must still be attached to the products with the disposable seal;
  • the products must be returned, complete and unused, in their original packaging (in the case of audio CDs, books, design objects, designer toys and adult toys, the packaging must include its original seal; if you want to return a kit, it must include all of its components);
  • the  returned products must be sent to the shipping agent within fourteen (14) days of when you informed the Vendor of your decision to withdraw from the contract;
  • products must bmust not be damaged.

 

Whenever the conditions indicated in letters b), c) and d) of previous paragraph 8.7 are not respected, you will not be entitled to a full refund of the amounts already paid to the Vendor. You will indeed be responsible for the decrease in value of the returned products, following a use other than the one necessary to assess the nature, features and functioning of the products themselves. In this case, between 10 and 90 percent of the amounts you paid to the Vendor to purchase the returned products will be deducted from the provided refund, whereby you will be specifically informed, via e-mail, by the Vendor. Within 14 days of sending the e-mail informing you of the amount deducted from the refund, you may choose to have the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, informing the Vendor thereof according to the procedures of which you will be advised. Otherwise, the Vendor may retain the products and an amount corresponding to the percent deducted from the refund.
 
In the event that the checks do not have a positive outcome, the Vendor takes steps to inform you, via e-mail, that a decrease in value of the returned products has been detected, deriving from your failure to comply with the conditions indicated in letters b), c) and d) of paragraph 8.7 above. The Vendor simultaneously sees to it that you are also informed of the amount that will be deducted from the amounts you paid to purchase the returned products; without prejudice, in the alternative, to the possibility of your having the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor.
  

8.8
If the return right is exercised in conformity with the applicable law and  the provisions set forth in this section, YOOX shall refund the amounts paid for the returned products according to the methods and times of our standard refund procedure.

8.9
The refund procedure will be initiated by YOOX within fourteen (14) days of when YOOX was informed of your decision to return. The procedure will begin after checking to ensure that the customer's return is in accordance with the Return Policy and that the returned products have been accepted as indicated in par. 9. 

8.10
In the event that your return does not comply with the terms and conditions set out in section 8 of these General Terms and Conditions of Sale, you will not be entitled to any refund of sums already paid to YOOX; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to YOOX. If you do not wish to receive the products in the conditions in which they were sent back to YOOX, YOOX shall be entitled to keep the products and withhold the sums already received. 

9. Refund Times and Procedures

9.1
After the products have been returned, YOOX shall check the conformity of the products with the conditions indicated in section 8 above. When YOOX is able to confirm that such conditions have been met, YOOX shall send you an e-mail confirming the acceptance of the returned products and will arrange to reimburse you. 

9.2
Whatever payment type you used, the refund procedure shall be started by YOOX, in accordance with consumer protection legislation, within fourteen (14) days of when YOOX was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted. 

9.3
If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by YOOX to the individual who made the payment.

9.4
We remind you that the value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses. 

9.5
YOOX has chosen UPS (visit www.ups.com/ or call their number) as YOOX's official package delivery company for returning products purchased on yoox.com. You may return products to YOOX without having to pay for return shipping costs by using the pre-printed UPS label enclosed in original order. According to the terms and conditions stated in our Return Policy, in this case , YOOX will pay the return shipping costs for you and will withhold a flat fee as payment for the return shipping . Additionally by using UPS, the Vendor relieves you from any responsibility for any loss or damage to the products during transport. 

9.6
If you decide to return products using a different shipping company other than the one indicated by YOOX, 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, according to the terms and procedures stated in our Return Policy.

10. Moneyoox

10.1
As an alternative to having your Credit/Debit Card, PayPal or Bank Account refunded for returned products, you can choose to receive Moneyoox towards purchases on yoox.com. The Moneyoox credit will be equal to the amount subject to being refunded.

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.

YOOX will process the full reimbursement of your Moneyoox within 48 hours of receiving your request. You will receive reimbursement for the Moneyoox amount available when you made the request. YOOX shall not be responsible in the event of incomplete or wrong bank information.

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.

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.

YOOX will process the full reimbursement of your Moneyoox within 48 hours of receiving your request. You will receive reimbursement for the Moneyoox amount available when you made the request. YOOX shall not be responsible in the event of incomplete or wrong communication of the bank information required for reimbursing your Moneyoox.
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).

Please note the Moneyoox option is not available for Cyprus, Denmark, Malta and Sweden.

11. Privacy

11.1
You will find information on how we process your personal data by clicking on Privacy Policy.

11.2 You are advised to read, if you haven't already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of yoox.com.

11.3

For further information on our Privacy Policy you can contact us at privacy@yoox.com or at our registered offices located in Via Morimondo, 17 - 20143 , Milano, Italy.

12. Governing Law

12.1
These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.

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

13. Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on yoox.com