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.
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 within 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:
a. The products have not been used, worn or washed and are in the same conditions in which they were received and, in any case, are compliant with the requirements detailed in the section on compliance checks for returned products below;
b. The identification tag (with the disposable seal) and labels are still attached to the products;
c. The products are returned in their original packaging; and
d. The products are not 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.
YOOXMAY OFFER EXCHANGES OF CERTAIN MERCHANDISE PURCHASED ON THE WEBSITE.
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 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.
YOOX does not assume any responsibility for items returned by mistake or items not related to the return left in the packaging or in the returned items.
If you decide to use a Freight Forwarding service to ship or hand-carrying items internationally, YOOX will not assume any responsibility for damages, defects, material difference, or loss that occurs to those goods after they're delivered to you or to a freight forwarder. Therefore, YOOX will not be able to assist you with return, replacement or refund for any products shipped outside of the U.S. by hand-carrying or freight forwarding service.
1.3. Compliance checks for returned products - Acceptance or Rejection
All products must be returned in a new and unused state, in perfect 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 or exchange accordingly.
For example, YOOX may 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.
If 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). If you use UPS and the pre-printed label a return fee of $6.95 applies to every return and will be deducted from your refund. For Canadian residents: if you use UPS and the pre-printed label, a $5 restocking fee applies to every returned item and will be deducted from your refund.
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. 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 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 the Customer Care before returning the products. If you contact the Customer Care and use the pre-printed label, you will not be required pay the return shipment costs. 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) to determine 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 with the returned product(s), you will be notified that the refund will not be processed, and your merchandise will be shipped back to you. If you refuse said delivery YOOX reserves the right to retain the product(s) and the amount paid for the purchase of the product(s).
1.6. Exchange Conditions
Products may be exchanged only for a different size and/or color of the same model, provided the following conditions are met, and subject to product availability:
a. You may only exchange products eligible for exchange, as expressly indicated on the Return Form by including the option "EXCHANGE”;
b. You may only exchange the product(s) with one of the available replacement options indicated on the Return Form;
c. You may only submit one exchange request per product; and
d. Must meet all of the conditions required under Section 1.1 hereof.
1.7. Exchange Procedures
Product exchanges must be requested within sixty (60) days after receipt of the product(s), by completing and submitting a Return Form through the Customer Care area of the Website. The product(s) to be replaced must be returned in accordance with Section 1.2 within sixty (60) days after receipt of the product(s), and must be 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. Products to be exchanged that are part of the same order must be returned to YOOX in a single shipment, and YOOX reserves the right to refuse processing exchanges of products that are part of the same order which are shipped at different times.
1.8. Acceptance or Rejection of Exchange
If the Return Form and the product(s) are received within the required timeframes, YOOX will send you an e-mail confirming receipt of the Return Form. YOOX will inspect the product(s) to ensure the exchange conditions are met, and will verify the availability of the replacement product(s) in the size and/or color requested.
If the exchange conditions are met and the selected product(s) are available, YOOX will ship the replacement product(s), at its cost, within thirty (30) business days after receipt and inspection of the product(s).
If the selected replacement product(s) are not available, YOOX will not process your exchange, and will refund you the price of the product(s), including applicable taxes. However, customs and import duties, and delivery shipping costs, will not be refunded.
When exchanging a product, if the price of the purchased product is lower or higher than the chosen replacement product, you will not be required to pay the relative price difference and will not be entitled to any refund. However, if you later choose to return the replacement product in accordance with your legal rights, you will be entitled to receive a full refund for the price paid for the product.
If you have not met the exchange conditions, YOOX will notify you by e-mail that the exchange will not be processed, and your merchandise will be shipped back to you. If you refuse said delivery, YOOX reserves the right to retain the product(s) and the amount paid for the purchase of the product(s).
1.9. 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
You have the right to return products purchased on the Website from third-party vendors, YOOX partners (“Partner”/“Partners”) by notifying the individual Partner on the Marketplace within fifteen (15) days from the day you receive the products or such other more favorable term provided by the Partner. Please make sure you review the “View Return Information” section on the product page of the product(s) to see if the Partner offers a period longer than fifteen (15) days for returning the products.
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 fifteen (15) days from the day you receive the products, or such other more favorable term provided by the Partner.
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.
2.1. Return Conditions
The Partner only accepts returns of merchandise within the time frames set forth above, and will reimburse the purchase price of the products (minus the Return Fee (defined below), as applicable) only if the following conditions have been met:
a. The products have not been used, worn or washed and are in the same conditions in which they were received and, in any case, are compliant with the requirements detailed in the section on compliance checks for returned products below;
b. The identification tag (with the disposable seal) and labels are still attached to the products;
c. The products are returned in their original packaging; and
d. The products are not 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.
2.2. Return Procedures
You can inform the Partner of your intention to return merchandise by contacting the Partner via the form that opens when you select “Contact the Partner” in the “My Orders” section” (the “Return Form”).
Once the Return Form is received, the Partner will send you an email with instructions on how to complete your return. Please note that some Partners may not cover shipping costs of your return shipment, and you will be responsible for such costs. In this event, you will need to arrange for shipment of the returned product(s), or the Partner will provide you with a pre-printed label for your return shipment and deduct the Return Fee from your refund. Please make sure you review the “View Return Information” section on the product page of the product(s) you wish to return, in order to determine whether the relevant product(s) may be returned free of charge, or if you will need to bear the costs of the return shipment (either by arranging for shipment directly or in the form of a Return Fee).
If you prefer to send the returned merchandise with a courier of your choice, you may do so at your expense and at your own risk.
The Partner does not assume any responsibility for items returned by mistake or items not related to the return left in the packaging or in the returned items.
2.3. Compliance checks for returned products - Acceptance or Rejection
All products must be returned in a new and unused 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 included in the original packaging. The Partner 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 or exchange accordingly.
For example, Partner may 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 the Partner proposes to reduce your refund for this reason. In this instance, you may (as an alternative to the Partner providing you with a reduced refund) choose to have the products sent back to you at your own expense. If you refuse said delivery, the Partner reserves the right to retain the products and the amount paid for the purchase of the products.
If the return conditions are met, you will receive an e-mail confirming that the return has been accepted and the Partner will refund the purchase price of the returned merchandise (minus shipping fees, as applicable). If you use the pre-printed label provided by the Partner for your return shipment, the Return Fee will be deducted from your refund.
If your return is rejected, we will send you an email to inform you that your return was not accepted. Within fifteen (15) days after receipt of such email, you may ask that the product(s) be shipped back to you, at your own cost, in the condition in which they were received by Partner. If you do not request the return of the product(s) within said time period, you authorize Partner, and any of its affiliates or agents, to retain the product(s) and the price paid, and to dispose of such product(s) as it sees fit.
2.4. 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. 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.
2.5. Return of Damaged, Defective or Incorrect Products
In case of damaged, defective or incorrect products, please inform the Partner by filling in the form that opens when you select “Contact the Partner” in the “My Orders” section and follow the return procedures set forth under section 2.2.
2.6. Identification Tag and Shoe Boxes
All products sold by the Partner 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.
3. LIMITATION OF LIABILITY
YOOX AND THE PARTNER 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 AND THE PARTNER 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 AND THE PARTNER 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 AND/OR THE PARTNER IS/ARE 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, YOOX OR THE VENDOR’S 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.