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HONG KONG

GENERAL TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the offer and sale of merchandise on our website ("yoox.com") by YOOX ASIA Ltd, with registered offices 2702, 27/F, The Centrium, 60 Wyndham Street, Central, Hong Kong. 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
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, 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.

2.3
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
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 therefore. 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 from 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.

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
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 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).
Please note that all prices are provided without duties, taxes or fees that you may need pay to local authorities to receive the merchandise. These amounts should be considered above and beyond the total of the order. In this regard, please see paragraph 5.

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 colors 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
Should you decide to exercise your right to return purchased products, YOOX has the right to not accept returned products that are returned without the corresponding tag or seal or that have been altered from their original status or damaged.

4. Payments

4.1
Payment of the product prices and relevant shipping costs must be made by using one of the procedures indicated on the order form.

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 GlobalCollect 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 shipping costs, as indicated in the order form, will be charged to your current account when the purchased products are actually shipped.

5. Customs and Duties

5.1
Both the item prices as well as the shipping charges you pay us do NOT include Customs fees, import taxes, brokerage fees or duties. Upon arrival in the destination country the contents of your order may be subject to Customs fees (taxes, duties, processing fees, brokerage fees, etc.) for which the recipient of the order is responsible. YOOX is not responsible for any Customs fees incurred by your order.
The Customs fees for your order depend on the destination country. If we are able to calculate these fees for you, they will be added to the total before you complete your order. For the countries where taxes and duties cannot be calculated, the total amount calculated at checkout does not include the customs and duties you will be required to pay the courier upon delivery. For this reason we recommend you refer to your local customs office for more details about your country's duties and taxes before placing an order.

5.2
Should you refuse your order at the time of arrival or should you refuse to pay the Customs fees when your order arrives, the shipment will be returned to YOOX and we will be charged the Customs fees plus return shipping costs. If you receive your order and agree to pay the customs fees upon delivery, YOOX will not issue refunds for the same if you return the purchased products.

5.3
Customs processing may delay the delivery of your order. Should you experience such delays please check with your local customs office. Please note that the invoice for the customs fees could arrive weeks after you receive your order and separately from the same.

6. Value Vouchers

6.1
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.

6.2
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.

6.3
Restrictions to the use of value vouchers:
  • The value voucher can be used only once, with the exception of returns (as specified in paragraph 6.4);
  • 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.
6.4
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, 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.

7. Shipping and Delivery of the Products

7.1
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.

8. Customer Care

8.1
To request any additional information, please contact us by visiting our Customer Care area.

9. Returns


9.1
You may return products purchased from yoox.com, without any penalty and without specifying the reason, within ten (10) days from receiving the products purchased on yoox.com.

9.2
To return products it is necessary to complete the online Return Form within ten (10) days from receiving the order.

9.3
YOOX must receive the returned products within thirty (30) days from the date on which products were received by you.

9.4
You can ship your returns to YOOX with a shipping service of your choice and the return shipping will be at your own expense. Please verify that you have accurately completed and included with your parcel all the necessary documentation for customs clearance. All such documentation should be in English so it can be used both by the authorities of the country you are shipping from (for export) and by the Hong Kong authorities (for import)]. We recommend that you consult with local authorities and/or your selected shipping service to ensure that the documentation is sufficient. YOOX cannot be held responsible for parcels that are detained at customs because of lacking or insufficient documentation.

YOOX highly recommends that you choose a shipping service that permits you to trace the delivery at any time. Be sure that the type of shipping you choose guarantees the delivery of the parcel within the time frame of thirty (30) days from the date on which you received your order.

9.5
The return right - besides compliance with the terms and procedures described at par. 9.1, 9.2, 9.3 and 9.4 above - shall be deemed correctly exercised once the following conditions have been fully met:
  • the online Return Form must be correctly completed and submitted within ten (10) days from receipt of the order;
  • the products must not have been used, worn, washed or damaged;
  • the 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);
  • YOOX must receive the goods within thirty (30) days from the date in which you receive your order.
9.6
If the return right is exercised in conformity with the provisions set forth in this section, YOOX shall refund the amounts paid for the returned products. Shipping costs, as well as any duties, taxes and fees on the products purchased shall not be refunded.

9.7
YOOX shall refund the amount already paid for the purchase of products and the shipping costs for the delivery of the purchased products to you only if the products are returned for reasons that may be due to YOOX, such as when the products do not have the promised essential characteristics or have manufacturing defects or they have been erroneously delivered.

9.8
YOOX shall refund amounts already paid as soon as possible and in any case within thirty (30) days from the date on which YOOX becomes aware of your decision to exercise your return right. After having confirmed that the terms and conditions stated above have been duly complied with, YOOX will promptly start the refund procedure as indicated in section 10.

9.9
In the event that your return does not comply with the terms and conditions set out in section 9 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.

10. Refund Times and Procedures

10.1
After YOOX has received the returned products, YOOX will check the conformity of the products with the conditions indicated in section 9 above. When YOOX is able to confirm that such conditions have been met, YOOX will send you an e-mail confirming that the returned products have been accepted.

10.2
Whatever payment type you used, the refund procedure shall be started by YOOX within thirty (30) days from 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.

10.3
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.

10.4
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.

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 GFL, 2nd FL, 3rd FL 16th FL, Western Plaza, No. 3 San On Street and No. 2 Tin Hau Road, Tuen Mun, N.T., Hong Kong.

12. Governing Law


12.1
These General Terms and Conditions of Sale and any disputes or claims arising out of or in connection with its subject matter (including non-contractual disputes and claims) are governed by and construed in accordance with the laws of Hong Kong.

13. Amendments and updates

13.1
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