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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 (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 the Website are directly sold by Moncler Japan (hereinafter referred to as “Moncler” or “We” or “Us”), a company subject to the direction and coordination of Moncler SpA, with its registered office at Aoyama Palacio Tower 9F, 3-6-7, Kita Aoyama, Minato-ku, Tokyo, 107-0061 Japan.


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 the Website, as well as other general information on the services provided by Us on the Website. 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 Moncler offers products for sale on the Website 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 the Website.


1.2

The Moncler 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 Moncler'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 the Website between the users of the Website and the Moncler.


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 the Website 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 Moncler 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 the Website and third parties.

 


2. HOW TO EXECUTE A CONTRACT WITH THE MONCLER



2.1

To place an order for the purchase of one or more products on the Website, 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 0120-977-747. 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 Moncler 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

These Terms of Sale are written in Japanese and may be translated into other languages. In case of a conflict between the Japanese language version and a translated version in another language, the Japanese language version of the Terms of Sale shall prevail.



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 Moncler 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 Moncler 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 Moncler has received your order form, the Moncler shall inform you of the unavailability of the ordered products promptly and in any case within fourteen (14) days from the day after Moncler 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 Moncler 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 Moncler, 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 Moncler, 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 Moncler 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 the Website, 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

Moncler 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 Moncler and will be automatically cancelled. The Moncler will promptly inform you if your Order is refused.



3.6

All Products sold on the Website 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 Consumer (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 Moncler are covered by a guarantee for lack of conformity, as provided by the applicable law. The term and requirements of the warranty as provided by the applicable law. We recommend you check your statutory rights before submitting an order. You shall inform the Moncler of the existence of any such lack of conformity immediately 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 Moncler 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 Moncler. 


 

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 Moncler 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 (RIGHT TO CANCEL THE ORDER) 



7.1

As a Consumer, you may cancel your contract with the Moncler in relation to products purchased on the Website, without any penalty and without specifying the reason, by notifying the Moncler in writing, following the procedure described in the Return Policy 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). 

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


 

8. PRIVACY 



8.1

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



8.2

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.



8.3

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.

 



9. 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.



10. GOVERNING LAW


Japanese law, especially the Act on Specified Commercial Transactions (Act No. 57 of 1976), applies to these sales agreements and orders submitted to sellers. In the unlikely event that there is a dispute between you and the Moncler regarding your purchase of the products under these Terms of Sale, the Tokyo District Court shall be the exclusive agreement jurisdiction court of the first instance.

 



11. 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.