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The following General Terms and Conditions of Sale ("Terms of Sale") govern the offer and sale (together with the documents referred to below, including the Privacy Policy and General Terms and Conditions of Use) of products on our website moncler.com (also the "Website"). Please read these Terms of Sale carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these Terms of Sale. The products purchased on moncler.com are directly sold by Industries S.p.A. (hereinafter referred to as “Moncler” or the "Vendor" or “We” or “Us”), a company subject to the direction and coordination of Moncler S.p.A., with its registered office in Via Stendhal 47, 20144 - Milan, Italy; VAT and Fiscal Number IT04804070961; Company Registry number 1773341, fully paid share capital of EUR 15.000.000.


Requests for information should be made through our Client Service: click here to contact the Client Service. If you need any assistance, please go to the Client Service area, where you will find information on orders, shipping, complaint handling, refunds and returning products purchased on moncler.com, as well as other general information on the services provided by Us on moncler.com. For any other legal information, please visit the sections: General Terms and Conditions of Use, Privacy Policy and Return Policy



1. OUR BUSINESS POLICY


1.1

The Vendor offers products for sale on moncler.com and its e-commerce business services are available exclusively to consumers. For the purpose of these Terms of Sale “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 moncler.com.


1.2

The Vendor reserves the right not to process orders received from users who are not, or that we have reasons to believe are not “Consumers”, as well as any other order which does not comply with the Vendor's business policy.


1.3

These Terms of Sale (together with the documents referred to herein) govern the offer, transmission and acceptance of purchase orders relating to products sold on moncler.com between the users of moncler.com and the Vendor.


1.4

These Terms of Sale do not govern the supply of services or the sale of products performed by third parties that you may be able to access on moncler.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 the Vendor will under no circumstances be liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of moncler.com and third parties.

 


2. HOW TO EXECUTE A CONTRACT WITH THE VENDOR


2.1

To place an order for the purchase of one or more products on the Website, you must be 18 years or over. You will have to select the products on the Website, select size and colour, add the item to the shopping bag and fill out the online order form with all the information required (personal details, shipping address and payment details). To complete the check-out procedure and submit the order you will have to confirm your purchase at the end of the check-out page.

Alternatively, you may submit an order by phone through our "Buy on behalf" option. If you choose this option, you may call our Customer Service at 00 800 10204000. Our Customer Service will guide you through your online purchase. Once you have selected the products, size and colour and confirmed it to our Customer Service, you will receive a link to the email address you provided at the time of registration on the Website or the email provided to the Customer Service. You will need to click on the link to complete your order; you will be required to accept this Terms of Sale before proceeding with the payment. 


2.2

Before submitting the order, please carefully review it and correct any errors. You will be no longer able to change the order once you submit it. On the check-out page you will find a summary of the main characteristics of each product ordered and the corresponding 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 delivery costs and the terms and conditions for returning purchased products. Please read our Return Policy for additional details on how to return a product.


2.3

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


2.4

An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.


2.5

The order form will be filed in our database 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 Follow your Order, in the Client Service area.


2.6

English is the language used for executing contracts with the Vendor.


2.7

We will make all reasonable efforts to ensure that the prices and other information about products displayed on the Website are accurate and up-to-date. However, the inclusion of any product on the Website does not imply, warrant or guarantee that the same will be available if you wish to place an order to purchase them. Therefore, occasionally, if the products are unavailable, the Vendor may not be able to process your purchases. Furthermore, orders will not be considered as submitted and will not be processed if there are not sufficient guarantees of solvency, or if orders are incomplete or incorrect. 

In all the above cases, we shall inform you by email that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on the Website are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products promptly and in any case within fourteen (14) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items without undue delay.


2.8

By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these Terms of Sale. Should you not agree with certain provisions of these Terms of Sale, please do not submit your order form for the purchase of products on the Website.


2.9

Once your order form has been received and processed by the Vendor, We will send you a purchase order acknowledgment email, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs). Please note that the order acknowledgement email does not constitute acceptance of your order. Your order will be accepted by Us and your credit card or other means of payment you have selected, will be debited only at the time we dispatch the products you ordered and send you the order shipping confirmation. You hereby acknowledge and agree that the Vendor reserves the right to accept your order in whole or in part; therefore, in the event of partial acceptance, your card will be debited and the products will be dispatched for the part of the order that was accepted.


 

3. GUARANTEES AND PRODUCT PRICE INDICATION


3.1

On moncler.com, we only offer products marked with the “Moncler” trademark. These products are purchased by us directly from the fashion house and/or the manufacturer authorised by the fashion house.

3.2

The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.


3.3

The main characteristics of products are shown on the Website on each product page. The products offered for sale on the Website 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 and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before submitting the relevant order form.


3.5

Orders made from countries not included on the Choose your country page will not be accepted by Vendor and will be automatically cancelled. The Vendor will promptly inform you if your Order is refused.


3.6

All Products sold on moncler.com come with an identification tag. When trying on the products at home you should not remove or alter the tag from the purchased products should you wish to return them.


3.7

As a Customer (as defined at section 1.2 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform to the characteristics described on the Website and in your contract with us. 


3.8

All products sold by the Vendor are covered by a guarantee for lack of conformity, as provided by the applicable law. The term and requirements of the warranty may vary from country to country and in no event will be less than 24 months from the date you receive the products. We recommend you check your statutory rights before submitting an order. 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 detect the lack of conformity. Please see section 8 below to know how to return a faulty product or contact our Client Service for information. 

In case of lack of conformity, you are entitled to a repair or a replacement of the product. If none of these remedies is available (for example because the product your ordered is no longer available) you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract and obtain a full reimbursement of the purchase price and any shipping or delivery costs, including the costs for returning the products to the Vendor. 

 


4. PAYMENTS


4.1

Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the payment means indicated on the order page.


4.2

In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to the bank which provides remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor 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 corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped. 



5. SHIPPING AND DELIVERY OF THE PRODUCTS

You can choose to receive the products you have purchased at your chosen address or at a Moncler boutique (if available) in your country of purchase, selected from those listed on the order page. If you have chosen delivery to a point of sale, we will inform you of the products’ arrival at the boutique by email. In this case, you must collect the purchased products from the chosen boutique within 14 days from the aforementioned email is sent.


Should you fail to collect the products within the aforementioned period of 14 days, we will send you a reminder and ask you to collect the products immediately and in any case within the following 7 days or the purchase contract will be understood, to all intents and purposes, to be automatically terminated and you will no longer be entitled to collect the products. As a result of the termination of the purchase contract, you will be reimbursed for the amount paid, delivery costs (if any) excluded, on the same card used for your purchase, within the time frame set forth in paragraph 7.4 below. 

When you go to the Moncler boutique to collect the order, you must show the sales assistant a copy of the delivery confirmation email, as well as a personal identification document. If you ask another person to collect the order, he/she will need to present the delivery confirmation email, a photocopy of your identification document, a document in which you authorise him/her to collect the order, and his/her own identification document.


We would like to remind you that you cannot pay for the items at the point of sale, if you choose delivery to a boutique. Payment will be processed online as per orders delivered to a specific personal address.


If you have selected delivery to a boutique, the delivery timings and costs are the same as those for delivery to your chosen address.


For specific product shipping and delivery procedures, costs and time, please see the Client Service area. Please read these sections carefully. The information provided in these sections forms an integral part of these Terms of Sale and, consequently, will be deemed to be fully read and accepted by you at the time your order form is sent. 

 


6. CLIENT SERVICE

If you need any information about products or if you have any inquiry about your order or for any other question regarding the "Moncler" products and/or your order, please contact our Client Service.

 


7. CUSTOMER RIGHTS AND THE COOLING-OFF PERIOD


7.1

As a Consumer, you may cancel your contract with the Vendor in relation to products purchased on the Website, without any penalty and without specifying the reason, by notifying the Vendor in writing, following the procedure described under section 7.3 below or by returning the products directly to a Moncler boutique in your Country of purchase, chosen among those listed on the Website.

In order to exercise your right of withdrawal and cancel your order, you shall notify us in writing within twenty (20) calendar days, beginning on the day you receive the products (in case of purchase of multiple goods, shipped separately, the 20 days will start from receipt of the last shipment), or, if you selected the “Pick Up In Boutique” option (if available) at the time of purchase, from the date you collect the products at the Moncler boutique. In this case you will receive a full refund of the price of the products, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) in accordance with this Clause 7 and Clause 10 below. 


7.2

If you decide to cancel your order, you shall return the products to the Vendor within twenty (20) calendar days from the date you notify the Vendor of your intention to cancel your purchase, in the same condition in which you received them. Return is free of charge if you use our return service (please see sections 7.3 and 7.5 below). You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. 

Once we receive the products, we will check that they comply with the terms indicated in section 7.3 and will inform you via email if your return has been accepted.


If you have decided to return the products to a Moncler boutique among those listed on the Website, you shall take them to the pre-selected Moncler boutique within twenty (20) days of receiving them. It will be sufficient for you to present the products to the sales assistant in their original packaging together with the delivery receipt contained in the original packaging. The assistant will fill out the return form and check that the products comply with the terms and conditions indicated in section 7.3. Delivery of the products to the sales assistant is equivalent to acceptance of the return by the Vendor. 


7.3

To return the products: 

  • you shall notify us in writing within twenty (20) calendar days, beginning on the day you receive the products (or for purchases of multiple products, the day on which you received the last product) by completing and submitting the online form available here Return Form or by Contacting Us at 00 800 10204000. If you use the online form, we will promptly acknowledge receipt of the form by email to address you provided when ordering the goods. In any event, You should keep a record of your cancellation notice; alternately, you may return the products directly to any Moncler boutique in your country that is listed on the Website;
  • the products shall be returned new, undamaged, unworn and not washed; 
  • the identification tag and any label shall still be attached to the products; 
  • the products shall be returned in their original packaging together with the delivery receipt; 
  • products shall be returned to the Vendor within twenty (20) calendar days of the date you received the order to the address indicated on the pre-paid and pre-stamped return label included in your packaging (please follow the instruction on your Return Form to use our free-collection service) or, if you have decided to return the products at a Moncler boutique, you will have to bring them to the pre-selected Moncler boutique within twenty (20) days of the date when the products were received.


7.4

If you cancel the contract within the twenty (20) calendar day cooling-off period pursuant to this Clause 7, we will process the refund due to you as soon as possible and, in any event within: 

  • if you use our free collection service, fourteen (14) calendar days from the day on which our warehouse receives and verifies the returned products; or
  • if you return the products yourself, fourteen (14) calendar days from the day we receive the returned products or from the date you supplied us evidence of having sent the products back, whichever is the earliest;
  • if you return the products to one of our boutique, immediately after the sale assistant completes the procedures to verify that the returned products comply with the return conditions set forth under section 7.3 above.

The Vendor will refund the price of the product in full, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional option you have selected). You will not be responsible for the cost of returning the products to us if you use our free-collection service. You may be liable for, and we may deduct from any refund due to you, any diminished value of the returned products resulting from your handling of the products other than what is necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement. 


7.5

Unless you return the products to a Moncler boutique indicated on the Website, you can return the products to the Vendor either by: 

  1. the approved courier (as indicated on the online Return Form) via the pre-paid, personalised return label enclosed in your original order; or
  2. by packing the relevant products securely and sending them, at your own risk and cost, to the Vendor using your return number (as provided via the online Return Form). For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at clause 7.5(1).


7.6

The cancellation right set out in this section 7 does not apply to: 

  1. sealed products unsealed by you following delivery, where return of such products is unsuitable due to health protection or hygiene reasons;
  2. products comprising sealed audio or video recordings or computer software, if the product becomes unsealed after delivery;
  3. products which are made to your specifications or clearly personalised; or 
  4. products which have become inseparably mixed with other items after delivery.


7.7 

You are also entitled to exchange the purchased products (other than personalised products) with other products, in place of receiving a refund of the relative sum. To exchange a product, please follow the instructions of our Return Policy.



8. ITEMS RETURNED BECAUSE THEY ARE DAMAGED, DEFECTIVE OR INCORRECT


8.1

If you return a product because of a quality or conformity issue, we will refund the delivery charges you paid at the time of purchase, as well as the costs for returning the product to us (either via a pre-paid return label using the Vendor's approved courier (as indicated on the Return Form), or by refunding your return postage costs). This right is additional to your statutory right to cancel as set out in section 7.


8.2

You must notify the Vendor of the quality and/or conformity issue within two months from discovery of the issue and within the term of your legal warranty (see section 3 above). For returns related to quality and/or conformity issues that occur within 20 days of the products being received, please follow the procedures outlined above under section 7.3. In all other cases, please contact the Client Service to obtain further information on how to return the product to us and follow the procedure described under section 8.3 below. 

You must return the products in the same condition in which you received them. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.


8.3

To return the products: 

  1. you shall contact us as soon as practicable and in any case within two months from discovery of the quality or conformity issue by contacting the Client Service. You should keep a record of your cancellation notice
  2. the products should not have been used, worn, washed or damaged by you; the identification tag should still be attached to the products;
  3. the products should be returned, complete and unused, with their original packaging (the packaging should include its original tag; if you want to return a kit, it should include all of its components);
  4. the products should be returned to the Vendor as soon as possible and in any case within thirty (30) calendar days following notification to the Vendor of the quality and/or conformity issue;
  5. PLEASE ALWAYS REMEMBER TO INCLUDE YOUR DELIVERY RECEIPT WITHIN THE PACKAGING YOU ARE RETURNING.


8.4

The Vendor will examine all products returned as damaged or defective and will notify you of your refund via email as soon as practicable within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within fourteen (14) days from the day we confirm to you via email that you are entitled to a refund for the damaged or defective product. Subject to acceptance by the Vendor of the damaged or defective goods, products returned by you because of a quality or conformity issue, will be refunded in full, unless a repair or a replacement is available, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to the Vendor. In the event that the Vendor finds no fault with the returned products, or if the Vendor has reasons to believe that the products have been damaged due to misuse, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. No refund will be issued in this case. If you do not accept re-delivery the Vendor reserves the right to retain the products and the purchase price and recover the Vendor's fees and expenses from you, unless the product was returned within the 20-days term from receipt of the same by you.


8.5

Refunds for products returned because of quality or conformity issues, unless differently agreed between you and the Vendor, will be processed on the same payment means used for the purchase of same. Accordingly, 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 the Vendor to the individual who made the payment.


8.6

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.


8.7

The Vendor will refund the price of the products in accordance with the applicable time frame as specified in clause 7 or 8 above. To the extent permitted by applicable law, the Vendor shall not be responsible for any delay that is beyond its control including for delays caused by the method of purchase or refund, including by way of example: delay caused by Credit Card/Debit Card companies refund policies; payment made by Bank transfer: you will be refunded the amount you paid for the products returned to the Bank account used for the purchase. Please remember it is necessary to have a Bank account in order to receive a refund for Bank transfer orders.

 


9. PRIVACY 


9.1

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


9.2

We also ask that you read, if you haven't already done so, our General Terms and Conditions of Use because they contain important information on how we process the personal data of our users and on the security systems we have adopted.


9.3

For further information on our Privacy Policy you can contact our Client Service selecting “Privacy” from the drop-down menu, or you can send your requests to privacy@moncler.com.


 

10. OUR LIABILITY

Nothing in these Terms of Sale will exclude or limit our liability to you for fraud, death or personal injury caused by our negligence, breach of terms regarding title implied under any Consumer law or regulation or any other liability which the applicable laws state may not be excluded or limited.


We will in no event be liable to you for any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill; any loss or corruption of or damage to data; or any loss or damage which was not a reasonably foreseeable result of either our breach of the contract with you or our breach of our legal duty of care. Loss or damage is “reasonably foreseeable” if, at the time that we and you entered into a contract, such loss was either contemplated by us and you or you notified us that the loss may occur if we breached the contract or our legal duty of care.


11. GOVERNING LAW

  1. These Terms of Sale are governed by Italian law. As a Consumer you will in any case be entitled to any additional rights provided by the law of the country where you reside. Either you or we may bring legal actions in respect of any dispute which arises in connection with the purchase contract only in the court of Milan (Italy) or the competent court of your habitual place of residence or domicile, as applicable.


 

12. AMENDMENTS AND UPDATES

These Terms of Sale may be amended from time to time due to new laws and regulations or other reasons in our sole discretion. The new General Terms and Conditions of Sale shall be effective as of the date of publication on the Website. By continuing to use and purchasing on the Website you accept to be bound by the new terms. In any case, the new terms will not affect orders already submitted by you.