RETURN POLICY

1. RETURN POLICY FOR SALE CONTRACTS AGREED WITH YOOX

You have the right to return products purchased on www.yoox.com (the “Website”) by notifying YNAP Corporation (“YOOX”) within sixty (60) days from the day you receive the products and provided all the applicable conditions of YOOX’s return policy as set forth herein (the “Return Policy”) have been met, as determined by YOOX in its sole and exclusive discretion.

Once you have exercised your right of return in accordance with the procedures set forth below, the products to be returned must be handed over to the courier within sixty (60) days of from the day you receive the products.

1.1 Return Conditions
YOOX only accepts returns of merchandise in compliance with the time frames set forth above, and will reimburse the purchase price of the products (minus shipping fees, as applicable) only if the following conditions have been met, as determined by YOOX at its sole discretion. To be eligible for refund:
a.    The products returned must be the same products purchased from YOOX on the Website and identified in your Return Form; ;
b.    The products must not have been used, worn or washed and must be in the same conditions in which they were received and, in any case, compliant with the requirements detailed in the section on compliance checks for returned products below;
c.    The identification tag (with the disposable seal) and labels must still be attached to the products; and
d.   The products must not be damaged.

You cannot return customized or personalized products, or sealed items that were opened after delivery and that cannot be returned due to health or hygiene reasons (e.g., cosmetics). Final sales items, swimwear, undergarments, and jewelry cannot be returned.

YOOX reserves the right to reject any return that does not meet any or all of these conditions, as determined by YOOX in its sole and exclusive discretion.

1.2. Return Procedures
You can inform YOOX of your intention to return merchandise by completing and submitting the Return Form to YOOX through the Customer Care area of the Website. YOOX will send you an e-mail confirming that they have received the completed Return Form.

YOOX recommends you use the courier UPS (www.ups.com) for returning products, as packages sent by UPS are trackable. If you use UPS and the pre-printed label – which includes the return address – provided within the original shipment, you will not be required to pay the return shipment costs upfront. YOOX will pay the courier on your behalf and will deduct from your refund a fee according to Section 1.3. You should contact UPS to schedule your return shipment. If you prefer to send the returned merchandise with a courier of your choice other than UPS, you may do so at your expense and at your own risk. Regardless of the method of shipment selected, you will bear all risk of loss to the products being returned until the same are received by YOOX at the return address. Additionally, YOOX does not assume any responsibility, and hereby expressly disclaims liability, for items returned by mistake or items not related to the return left in the packaging or in the returned items.

1.3. Compliance checks for returned products - Acceptance or Rejection
All products must be returned in a new and unused, unworn and unwashed state, in original condition, with all protective materials in place and tags and stickers attached to them (if applicable), including all packaging, accessories and documents. YOOX reserves the right not to accept any return if the product shows signs of wear or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund.

For example, YOOX may, at its option, make a reduction in the following circumstances:
• the product(s) have been used, worn, damaged or washed;
• the identification tag with the disposable seal is not attached to the product(s) or has not been returned. Please note that the identification tag constitutes an integral part of each product; and/or
• you have not returned any packaging which is an integral part of a product (such as a dust bag).

You will be informed if YOOX proposes to reduce your refund for this reason. In this instance, you may (as an alternative to YOOX providing you with a reduced refund) choose to have the products sent back to you at your own expense. If you refuse said delivery, YOOX reserves the right to retain the products and the amount paid for the purchase of the products.

Upon YOOX’s receipt of returned products, YOOX will examine the products to determine, in its sole discretion, whether the return conditions described in this Return Policy have been met and whether you are entitled to a refund. If YOOX determines that all the return conditions are met, you will receive an e-mail confirming that the return has been accepted and YOOX will refund the purchase price of the returned merchandise (minus shipping fees, as applicable). For U.S. residents, if you use UPS and the pre-printed label, a return fee of US$9.95 applies to every return and will be deducted from your refund. For Canadian residents: if you use UPS and the pre-printed label, a US$5 restocking fee applies to every returned item and will be deducted from your refund.

If YOOX determines, in its sole discretion, that any of the return conditions herein have not been met, YOOX will notify you by e-mail that the return was rejected, and you will not be entitled to a refund. In such case, you will have sixty (60) days from the date of YOOX’s e-mail notification to reclaim the product(s) in question by sending YOOX a prepaid return label in accordance with the instructions provided by YOOX. If YOOX receives the prepaid return label within the required time frame and in accordance with its instructions, the product(s) will be shipped back to you, at your sole expense and risk of loss. If YOOX does not receive a prepaid return label from you within sixty (60) days of YOOX’s e-mail notification, you authorize YOOX to retain the product(s) and the amount paid for the purchase of the product(s) and to dispose of the product(s) as YOOX sees fit. Notwithstanding the foregoing, if YOOX determines, in its sole discretion, that the product(s) returned by you are not the same product(s) identified in the Return Form and that the product(s) actually returned are replicas or otherwise are not genuine, you authorize YOOX to retain such returned product(s), together with the amount paid for the purchase of the original YOOX product(s), and YOOX may dispose of the returned product(s) as it sees fit.

1.4. Refund Times and Procedures
Refunds are processed within approximately between three (3) to seven (7) business days of our receipt of the returned merchandise and confirmation that the return conditions have been satisfied, as determined by YOOX at its sole discretion. Your refund will be credited back using the same payment method used to make the original purchase on the Website.

Refund times depend on the payment method originally used:

• Credit/debit card: refund times will depend on the credit or debit card company’s policies, but will normally take place within two billing cycles.
• PayPal (where available): refunds will be credited to your PayPal account and will be visible immediately. The date of reimbursement to the credit card associated with your PayPal account depends on the company that issued the card.

As an alternative to having your credit/debit card, PayPal or bank account refunded for returned products, you can choose to receive Moneyoox credit according to article 9 of the General Terms and Conditions of the Sale.

1.5. Return of Damaged, Defective or Incorrect Products
You have the right to return products purchased on the Website due to an error on our part or because product(s) are received from YOOX damaged or defective, provided that you notify YOOX within sixty (60) days of receipt of the product(s), by completing and submitting a Return Form through the Customer Care area of the Website. Please contact Customer Care before returning the products. If you contact Customer Care and use the pre-printed label, you will not be required to pay the return shipment costs. The product(s) to be returned must be handed over to the courier within sixty (60) days of your receipt of the product(s). You must return the product(s) by mail in the same condition in which they were received, unused, unworn and unwashed, in their original packaging and with their identification tag attached with the disposable seal.

YOOX will examine the returned product(s) and determine, in its sole discretion, whether they are damaged, defective or incorrect, and will inform you by e-mail within a reasonable period of time of whether YOOX will accept the returned product(s) and refund their price.

If accepted by YOOX, damaged, defective or incorrect product(s) will be refunded in full to your original method of payment, including applicable taxes and delivery shipping cost.

In the event that YOOX finds no damage, defect or error on YOOX’s part with the returned product(s), you will be notified that the refund will not be processed. In such case, you will have sixty (60) days from the date of YOOX’s e-mail notification to reclaim the product(s) in question by sending YOOX a prepaid return label in accordance with the instructions provided by YOOX. If YOOX receives the prepaid return label within the required time frame and in accordance with its instructions, the product(s) will be shipped back to you, at your sole expense and risk of loss. If YOOX does not receive a prepaid return label from you within sixty (60) days of YOOX’s e-mail notification, you authorize YOOX to retain the product(s) and the amount paid for the purchase of the product(s) and to dispose of the product(s) as YOOX sees fit (including by resale). Notwithstanding the foregoing, if YOOX determines that the products(s) to be returned are not the same product(s) identified in the Return Form (other than due to an error on our part) and that the product(s) actually sent by you are replicas or otherwise are not genuine, the product(s) will not be returned to you, and you authorize YOOX to retain such product(s) and the amount paid for the purchase of the original YOOX product(s) and to dispose of such product(s) as YOOX sees fit.

1.6. Exchange of Products
The product exchange service is not available: if you wish to receive a different size or colour, you can return the product and place a new order.

1.7. Identification Tag and Shoe Boxes
All products sold by YOOX include an identification tag attached with a disposable seal, which constitutes an integral part of the product. Please try on the products without removing the tag or seal. Products returned without the tag and seal will not be accepted.

Footwear must be returned with its shoe box in original condition. Please do not affix the return label on the original shoe box.

2. RETURN POLICY FOR SALE CONTRACTS AGREED WITH PARTNERS

For items sold on yoox.com by third-party sellers (“Partners”) until 10 February 2025, the last day of activity for our online intermediation service (marketplace), you have the right to withdraw from the contract without any penalty and without having to provide any reason, within 15 days from when you received the items purchased on yoox.com or within the longer and more favourable timeframe indicated by the Partner. You may exercise your right of withdrawal until 27 March 2025 by contacting the Partner, as indicated in the pop-up window that opens when you select the “Return Information” option in the “My Orders” section. After 27 March 2025, if the 15 days or the more favourable timeframe indicated by the Partner referred to above has not expired, please contact our Customer Care (by selecting “items sold by partners”) for support relating to your return.

RETURNS OF PRODUCTS SOLD BY A PARTNER MUST BE SENT DIRECTLY TO THE PARTNER BY FOLLOWING THE INSTRUCTIONS PROVIDED DURING THE PURCHASE PROCESS. YOOX IS NOT RESPONSIBLE FOR AND CANNOT PROCESS RETURNS OF PRODUCTS SOLD BY A PARTNER AND MISTAKENLY SENT TO YOOX WAREHOUSES. WE THEREFORE INVITE YOU TO VERIFY THAT THE SHIPPING ADDRESS OF YOUR RETURN IS THE ONE INDICATED BY THE PARTNER FROM WHICH YOU PURCHASED YOUR ORDER.

3. LIMITATION OF LIABILITY
YOOX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED ON THE WEBSITE OR AS THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOOX DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, 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 WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, REVENUE, OPPORTUNITY, OR DATA. NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT YOOX IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, YOOXS LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.

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 MIGHT HAVE ADDITIONAL RIGHTS.

4. GOVERNING LAW AND DISPUTE RESOLUTION
These terms are an integral part of the General Terms and Conditions of Sale and are governed by New York law. All legal proceedings arising out of or in connection with this Return Policy shall be brought solely in the City of New York, State of New York. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.

5. AMENDMENTS AND UPDATES
YOOX may amend or update all or any part of this Return Policy at any time in its sole discretion and without notice. Any amendments and updates to the Return Policy shall be effective upon publication on the Website. Please access the Return Policy on the Website regularly in order to check whether the Return Policy has been updated. If any provision of any part of this Return Policy shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining Return Policy.