TERMS AND CONDITIONS OF SALE
The following General Terms and Conditions of Sale govern the sale of merchandise by Moncler USA INC hereinafter referred to as “Moncler” or “we”) to you through the US section of moncler.com (“US Site”). The US Site is available only for purchases made and delivered within the United States. Your use of the US Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale. If you do not agree to these General Terms and Conditions of Sale, please do not proceed with your order.
1. ORDERS & PRODUCTS
All orders are subject to email confirmation by us. Please note that the products displayed on the US Site may be out-of-stock or discontinued, and availability is not guaranteed. Please note that while we have tried to accurately display the colours of products, the actual colours you see will depend on your monitor and may not be accurate.
To be able to buy products from the US Site you must provide a delivery address in the United States. Certain addresses will be ineligible for product purchase and deliveries, including PO Box addresses. You will be required to provide your name and address, phone number, email address, payment details and other required information. You are required to be the holder of a valid credit card or have a valid PayPal or Apple Pay account or any other valid payment method available at checkout. You must be at least 18 years of age to purchase products from the US Site. Please consider that our platform where this Policy is located is meant for adults. We do not knowingly collect personally identifiable information from children under the age of 18. If you are a parent or legal guardian and think your child has given us information, you can send us an email by going to the “Client Service” section. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children's privacy online at https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.
All prices are in US Dollars. Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the payment page of the cart.
The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email. All prices are inclusive of customs and import duties.
3. SHIPPING COSTS
Moncler is responsible for the shipping costs associated with the standard delivery of the products you purchase on the US Site as specified on your order confirmation.
4. SHIPMENTS AND DELIVERY
You bear all risks of loss and damage to the products from the time the same have cleared our fulfillment house. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier.
You can choose to receive the products you have purchased at your chosen US address or at a Moncler boutique (if available) in your State of purchase, selected from those listed on the order form. 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 no later than 15 days after the aforementioned email is sent.
Should you fail to collect the products within the aforementioned period of 15 days, the purchase shall be understood, to all intents and purposes, to be automatically terminated. Consequently, it will no longer be possible to collect the products, which will be returned to Moncler by the personnel of the chosen boutique. As a result of the termination of the purchase contract, you will be reimbursed for the amount paid, within the time frame set forth in paragraph 5 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 authorize him/her to collect the order, and his/her own identification document.
If you have selected delivery to a boutique, the delivery timings and costs are the same as those for delivery to your chosen US address.
For specific product shipping and delivery procedures, see the Client Service Area. 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.
5. RETURNS AND REFUNDS
Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.
6. BINDING AGREEMENT
Our order confirmation, these General Terms and Conditions of Sale and our other Site Policies are incorporated by reference into the General Terms and Conditions of Use, which shall be deemed the final and integrated agreement between you and related to the subject matter addressed herein.
7. GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
MONCLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE MONCLER.COM US SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MONCLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF 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. MONCLER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE US SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
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.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
11. FORCE MAJEURE
Moncler shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
12. ERRORS AND INACCURACIES
Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.