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These General Terms and Conditions (“Terms”) govern Moncler Peaks community (“Moncler Peaks”) and apply to you from the time you decide to join Moncler Peaks. Any reference to “you”, “your” or “the Member” refers to you, as a member of Moncler Peaks. Any reference to “we”, “us”, “our” or “Moncler” refers to Moncler USA Inc., 200 Lafayette St., 2nd Floor, New York, NY 10012 (USA).

 

1. MONCLER PEAKS



1.1. Upon your registration to Moncler Peaks, Moncler offers you the possibility of using the following services (collectively, the “Services”):


·      ORDERS: follow the shipment of your orders, change or return items and see your order history.


·      WISHLIST: save and share the items you most want and keep an eye on their availability.


·      PROFILE AND PREFERENCES: manage your registration data.


·      APPOINTMENTS: a recap of your scheduled appointments.


·      AFTERCARE: advice, assistance, repairs: aftercare services that will address all your needs.


·      ADDRESS BOOK: save or modify your addresses to always have them available and complete your purchases faster.


·      MY CARDS: save or modify the cards you use for your purchases and complete your orders quickly and always in a secure manner.


·      NTF WALLET: redeem, manage and use your NFTs. NFTs are unique digital identifiers recorded on the blockchain. They are used to certify authenticity and ownership of digital or physical assets, and they cannot be copied, substituted, or subdivided.


1.2. In addition, upon your registration to Moncler Peaks, Moncler will offer, directly or through other companies belonging to Moncler Group, to all Members of Moncler Peaks, the benefits listed in Section 2.1. below (the “Benefits”).


1.3. The type and availability of the Benefits may vary during your registration to Moncler Peaks as well as based on your country of residence. We reserve the right to add, modify or remove from Moncler Peaks the Benefits at any time.


 

2. BENEFITS



2.1. The registration to Moncler Peaks will give you access to the following Benefits:


a. BOOK AN APPOINTMENT: bespoke appointments available in store or virtually – whichever suits you best.


b. CLICK & RESERVE: our client advisors will reserve the items you love directly in our boutiques.


c. HOSTED STYLE SESSIONS: live shopping online experiences with ambassadors, style experts and friends of the house;


d. EXPRESS SHIPPING FOR NEW MEMBERS (benefit available only to Members based in the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Rep, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Canada and United States): Newly registered Members will benefit free express shipping on the first online purchase, if made within the first 30 (thirty) days starting from the date of registration to Moncler Peaks.

The benefit will only apply to newly registered members who provided their contact information and address.

Whilst every effort is made to meet the delivery times quoted, Moncler does not provide absolute guarantees. Moncler uses reputable couriers for their prompt and efficient service but occasionally delay may occur. All delivery times or dates shall not form part of the purchase contract with the customer. Express shipping for specific products (e.g., perfumes, products including batteries, etc.) may be subject to restrictions due to domestic laws and/or regulations.


e. EARLY ACCESS: Moncler will grant you early access to new products. Moncler can decide at any moment which collections or specific products will be available with early access. To view and purchase early-access products, you will have to access their Moncler Peaks Account. The delivery of the products accessed early on .com is not granted within the early access hours before global launch and will depend on logistic necessities. This Benefit is subject to country availability.


f. MEMBERS ONLY PRODUCTS: Moncler will make available specific products to Moncler Peaks members only (“Members-only Products”). Moncler may freely choose which products will be Members-only Products as well as their quantities and the period in which such Members-only Products will remain available for sale.

Moncler may decide – at any moment – to remove or add Members-only Products, with no restriction in terms of timings, products, or quantities.

You acknowledge that products which were previously available for all customers can be switched to Members-only Products, and – at the same time – Members-only Products can become available for all customers.


Members-only Products can only be viewed by Members upon login or registration, in channels decided by Moncler, which also reserves the right to activate and deactivate them at any point.

 

3. ELIGIBILITY AND REGISTRATION



3.1. If you want to join Moncler Peaks you must be over 18 years old, register on moncler.com, and create your Moncler Peaks account. You will need to accept these Terms in order to complete the registration and be able to join Moncler Peaks. Registration is free.


3.2. To create your Moncler Peaks account, you will need to fill out the registration form by entering the required information and guarantee to Moncler that the information provided during the registration process is complete, correct, and truthful. You will be responsible for keeping your information up to date, by directly modifying this in your Moncler Peaks account. You shall be solely responsible for any incorrect, incomplete, or outdated information. Under no circumstances we shall be held liable in the event you fail to receive a Benefit or any other email due to outdated, incorrect, or missing information. We will send you an email to confirm your registration. We remind you that the credentials to access your Moncler Peaks account must be used exclusively by you and cannot be transferred to third parties. Your Moncler Peaks account is strictly personal; only you may benefit from the Benefits and/or   described above. Moncler cannot in any way be held responsible if unauthorised third parties access your Moncler Peaks account. We therefore ask you to keep your credentials confidential and to immediately inform Moncler if you suspect that there has been unauthorised access to your Moncler Peaks account or that your password has been violated.

 

3.3. When you join Moncler Peaks, some mandatory or optional information will be requested, as indicated hereafter:


(i)  Mandatory information: Last name / First name / Email address/ Date of birth/ Gender


(ii)  Optional information: Title / Mobile telephone number

You will only be able to fully benefit all Services and Benefits which Moncler Peaks offers if you provide all the mandatory information.

At the moment of registration, you must also indicate whether you wish to receive communication relating to Moncler, directly and expressly agreeing to this in your Moncler Peaks account or by subscribing to the newsletter through the footer of moncler.com.


3.4. It may be necessary to use electronic communication channels for the provision of some of the Benefits (such as e-mail, SMS or telephone). Furthermore, certain Benefits may only be available and/or usable through additional application, such as by way of an example the Moncler App. If you want to receive these specific Benefits, you will be asked to give your consent to be contacted by Moncler for the related communications by SMS, email or other communication channel.


3.5. Any customers who were already registered in our customer data base at the time of Moncler Peaks launch shall automatically become members of Moncler Peaks. We will inform all concerned customers by email prior to the launch. Those concerned who do not want to join Moncler Peaks can request to close their account by contacting Moncler Client Service here https://www.moncler.com/en-us/client-service/contact/#contact-form.


3.6. If you have not already done so, we also ask you to carefully read our Terms of Use at General Terms and Conditions of Use which form an integral part of these Terms. For any other legal information, please consult the Terms of Sale at General Terms and Conditions of Sale, the Return Policy Return Policy and the Privacy Policy and Cookie Policy of www.moncler.com.

 

4. DURATION AND TERMINATION 



4.1. Your registration to Moncler Peaks will be effective from the moment you receive the confirmation email and for the entire period in which you will decide to be part of Moncler Peaks.


4.2. You may, at any time and for any reason, cancel your Moncler Peaks account by sending a request to our Client Service here https://www.moncler.com/en-us/client-service/contact/#contact-form. In case you have exercised the right of withdrawal, we will send you an email to confirm the cancellation of your account.


4.3. Moncler reserves the right to cancel your Moncler Peaks account and/or suspend your access to Moncler Peaks in case of violation of the provisions contained in these Terms, or in the event that complete, truthful and correct personal data has not been provided, without prejudice to Moncler’s right to seek further damage compensation. Moncler also reserves the right to temporarily suspend, without prior notice, the availability of Moncler Peaks for the time necessary to carry out technical interventions necessary and/or appropriate to improve the quality of Moncler Peaks. Moncler may, at any time and without prior notice, interrupt Moncler Peaks for security reasons.

 

5. LIABILITY



5.1. Your Moncler Peaks Account is provided free of charge, on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee you’re your Moncler Peaks Account shall be available and fully operational 24 hours a day, without interruptions. Provided it has carried out its activities with the due professional diligence, in no event, Moncler, its subsidiaries and affiliates, its franchisees or licensees, and each of their respective directors, officers, employees, and agents shall not be held liable vis-à-vis any user or any third party for any loss and/or damage arising from the use of Moncler Peaks Account as well as for any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with Moncler Peaks , these Terms, or Moncler’s operation of the .


5.2. Moncler shall not be responsible for any damage arising from events beyond its reasonable control. We deny any liability regarding any harm, death, delay, injury or losses arising from or in direct relation with the Benefits provided or not provided in the context of Moncler Peaks, to the exclusion of the losses and damages arising from negligence committed by Moncler, or provoked by Moncler with the intention to cause the aforementioned damage, or arising from careless actions committed knowing that this would probably result in damage.


5.3. Nothing in these Terms will exclude or limit our liability to you for fraud or gross negligence, or any other liability which the applicable laws state may not be excluded or limited by contract.

 

6. AMENDMENTS AND UPDATING



6.1. Moncler reserves the right to update, supplement and/or modify the Services, the Benefits and these Terms when justified reasons exist, including but not limited to: (a) reasons of public interest and/or security; (b) reasons related to the proper fulfilment of legislative and/or regulatory obligations; (c) reasons related to legislative and/or regulatory amendments; (d) reasons related to the implementation of technical updates and improvements to Moncler website and/or Moncler app; (e) reasons related to the improvement or modification of the Services; (f) reasons related to the conception and creation of new services and/or new benefits by Moncler; (g) reasons of a technical, organizational and/or commercial nature that make changes necessary without which Moncler would be prevented from continuing to perform the Services covered by these Terms. Updates to these Terms will be communicated with 14 (fourteen) days prior notice (“Prior Notice Period”), by direct communication to the Member at the e-mail address provided by the Member when registering to Moncler Peaks. Once the Prior Notice Period has expired, without termination by the Member, the changes will be deemed to have come into effect and will be posted on the moncler.com website, and by notice in App.


6.2. As an alternative, and upon Moncler’s discretion, the new terms will be published on the moncler.com website in the form of a pop-up, which will appear at the first visit to the Website after the implementation of said changes. You will be required to accept the changes if you wish to proceed and continue to be part of Moncler Peaks. We therefore recommend that you regularly access this section in order to check the most recent and updated version of the Terms.

 

7. GOVERNING LAW



7.1. These Terms are governed by the laws of the State of New York (USA).


7.2. Any dispute between Moncler and you, in your quality of Consumer, in connection with these Terms and/or Moncler Peaks, shall be subject to the jurisdiction of the country where you have your habitual place of residence or domicile.

 

8. FINAL PROVISIONS



8.1. Moncler Peaks, its content and logos are the intellectual property of Moncler; all rights reserved.


8.2. These Terms are void where and to the extent prohibited by applicable law. The interpretation and application of these Terms is in the sole discretion and determination of Moncler, which in each case you irrevocably agree shall be conclusive.


8.3. Collectively, these Terms and any terms incorporated into these Terms by reference, constitute our complete agreement with you regarding Moncler Peaks and supersede all prior agreements, offers or representations, and can only be amended or waived by Moncler.