1. Our Business Policy
The Vendor offers products for sale on www.balmain.com and its e-commerce business services are available exclusively to its adult end users, i.e. "consumers".
“Consumer" means any individual who is acting for purposes outside of his or her trade, business or profession. If you are not a "consumer", please do not buy any products on www.balmain.com.
The Vendor reserves the right not to process orders received from users who are not "consumers", and any other order that does not comply with its business policy, such as orders for which there are reports or suspicion of fraudulent or illegal activity. In such cases, the order will be considered null and void, and the Vendor will inform the user that the contract of sale will not be executed.
These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on www.balmain.com between the users of www.balmain.com and the Vendor.
The General Terms and Conditions of Sale do not apply to the provision of services or the sale of products by third parties that are present on www.balmain.com via links, banners or other hypertext connections. Before sending orders and purchasing products and services from third parties, we recommend that you verify their terms and conditions. Under no circumstances shall the Vendor be deemed liable for the supply of third party services or for the execution of e-commerce transactions between users of www.balmain.com and third parties.
2. How to execute a sale contract with the Vendor pursuant to German consumer law
To execute a contract of sale for one or more products on www.balmain.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
Before proceeding to purchase your products, we ask that you carefully read the General Terms and Conditions of Sale and the Return Policy, print a copy using the print option and keep it safe for your own personal use. In accordance with German consumer law, section 312 j of the German Civil Code and section 246 of the Introductory Act of the German Civil Code before proceeding to purchase your products, we will provide you with a summary of our commercial and contractual conditions of sale, a summary of the main characteristics of each product ordered and its unit price (including all applicable fees and taxes), the type of payment you may use to purchase each product, shipping methods for the purchased products, shipping and delivery costs, the Vendor's information, address and how to contact the Vendor, and the delivery date of the products. The Vendor will also provide you with a summary of the terms and conditions for returning purchased products. If relevant to the purchase, you will also be informed of whether you will have to bear the cost of returning the products. You will be reminded of the legal guarantee of product conformity, and we will provide you with information for contacting our after-sales service and also remind you that you can use the European Commission's platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.
On the order confirmation page, which appears just before the completion of the sale contract, and which contains a reference to the General Terms and Conditions of Sale and the Return Policy, we will provide you with a summary of the main characteristics of each product ordered, the price (including all applicable fees and taxes), and the cost of shipping (including any additional fees you may be charged if you choose shipping that is faster than and/or different to standard shipping). The sale contract shall be deemed completed when the Vendor receives your order form electronically and the order information has been verified as correct.
When you proceed with submitting the order form, you will be notified that sending it implies the obligation of paying the price indicated therein. Before submitting the order form, you will be asked to identify and correct any possible input errors.
The order form sent to the Vendor will be filed in our database for the time required to process your order and as stated by law. You may access your order form in the My Order section.
2.6 English is the language used for finalising the contract with the Vendor.
2.7 After your order form has been submitted, the Vendor will process your order.
The Vendor may not process orders that do not provide sufficient guarantees of solvency, are incomplete or incorrect, or if the products are no longer available.
In this event, we shall inform you via email that the contract has not been executed and that the Vendor has not processed your purchase order, specifying the reasons thereof. If the products displayed on www.balmain.com are no longer available or for sale at the time your order is received or fulfilled, then the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after you submitted your order to the Vendor. If you have already paid for the products ordered, the Vendor will refund the amount paid without undue delay and the contract between the parties will be deemed terminated.
The Vendor reserves the right not to process orders in the cases outlined in sub-section 1.3.
By submitting an order form, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with the Vendor. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.balmain.com.
Upon submission of an order form, the Vendor will email you an electronic purchase order receipt containing the General Terms and Conditions of Sale, a summary of the Return Policy, and all the information contained in the summary of commercial and contractual conditions displayed before sending the order.
3. Guarantees and product price indication
The website www.balmain.com exclusively sells BALMAIN branded products purchased directly by the Vendor from the fashion house and/or authorised manufacturers.
The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
The main characteristics of the products are shown on each product page on www.balmain.com. The images and colours of the products offered for sale on www.balmain.com may not correspond exactly to the true garments due to the Internet browser or monitor used.
In the event of an error or misprint with respect to the content of a declaration of the Vendor or with respect to the characteristics of the product which are considered to be essential the Vendor is entitled to reject the order or to rescind the agreement (Anfechtung der Willenserklärung). The same applies in the event the Vendor had no intention of processing the order or in the event the error or misprint is based on an incorrect technical transmission, Prices are subject to change. Please check the final price before sending your order form. In the event of an error or misprint in particular with respect to the indication of the product price (including all applicable fees and taxes) or the calculation of the amount requested at payment the Vendor is entitled to reject the order and contact the user to offer them the opportunity to purchase the product(s) at the correct price. If the Vendor rescinds the agreement the contract between the parties shall be deemed not to have been concluded. If the consumer has already paid for the product(s) ordered, the Vendor will refund the amount paid without undue delay.
The Vendor cannot accept purchase requests from countries not listed on the splash page.
All products come with an identification tag with a disposable seal attached.
All products sold by the Vendor are covered by a twenty-four (24) month guarantee for lack of conformity, as provided by the applicable law. 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 detected the lack of conformity. Please contact our Customer Care.
In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.
Payment of the price of the products and the costs of their shipping and delivery must be made using one of the methods indicated on the order form. Under no circumstances will you be charged more than the cost incurred by the Vendor relative to the payment method chosen by you.
In the case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent via an encrypted protocol to Banca Sella, or to other banks which provide remote electronic payment services, without third parties having any access whatsoever thereto. These details will not be used by the Vendor except for carrying out procedures relevant to your purchase, or issuing refunds in the case of returns, subsequent to the exercise of your right to return, or for reporting cases of fraud on www.balmain.com to the police. The price for the purchase of products and the costs for their shipping and delivery as indicated on the order form will be charged to your account at the moment in which the purchased products are shipped.
5. Shipping and delivery
For information about product shipping and delivery procedures, please visit the Customer Care area. Please read this section carefully. The information provided therein is an integral part of these General Terms and Conditions of Sale and, consequently, it shall be assumed that you have fully read and accepted them when you submit your order.
6. Customer Care
If you have any questions, please contact our Customer Care area. For more information, please visit the Customer Care area.
7. Return Policy
In accordance with sections 312 g and 355 of the German Civil Code, you have the right to withdraw from the sale contract with the Vendor for any reason and without incurring any penalty within fourteen (14) days from the day you received the products bought on www.balmain.com.
To withdraw from the sale contract, you may choose one of the following methods in accordance with section 355 of the German Civil Code:
a) Online submission to the Vendor of the Return Form* found in the Customer Care area, completed in its entirety; in this instance, the Vendor will send you an email confirming that they have received your return request.
b) Sending to the Vendor the form – to be completed in its entirety - that can be downloaded from www.balmain.com
c) Sending the Vendor another declaration explicitly stating your decision to withdraw from the sale contract.
In instances b) and c), your declaration must be addressed to Customer Care at the registered office of YOOX NET-A-PORTER GROUP S.p.A., via Morimondo, 17 – Milano 20143. In all the above-mentioned instances a), b) and c), you will be responsible for proving that you exercised your right to withdraw from the sale contract correctly and within the specified time frame.
In accordance with section 355 of the German Civil Code, once you have exercised your right to withdraw from the sale contract, you must the send the products back to the Vendor within fourteen (14) days of the date you notified the Vendor of your decision to withdraw.
The only expenses charged to you are those for returning the products, unless the Vendor expressly exempted you from those expenses when you made your purchase, and under the condition that you use the courier and shipping methods indicated below in sub-section 7.5.
The Vendor recommends you to use the courier UPS (www.ups.com) for returning products. By using UPS and the pre-printed label – which carries the return address – enclosed in the original order, you can return products to the Vendor without having to pay upfront for their return. The Vendor will directly pay the return shipping costs of the products on your behalf, relieving you from having to make a payment to the courier. For the payment of returning the products, the Vendor will deduct a fee equal to the cost of standard shipping from your refund. Furthermore, from the moment in which you hand over the purchased products to the courier recommended by the Vendor, the Vendor will relieve you from any responsibility for loss or damage to the products during transit.
If you decide to return products using a shipping method other than the one indicated by the Vendor in sub-section 7.5, you will have to pay the return shipping costs upfront and you will be responsible for any loss or damage to the products during transit.
In this event, you will also be refunded an amount equal to the standard shipping cost of the purchased products although, as per section 357 paragraph 2 of the German Civil Code, you will not be refunded for any additional costs incurred due to choosing another kind of shipment and delivery that is different to or faster than the standard method. In this instance you may still be held liable if the products are lost or damaged during transit, whether due to your improper choice of carrier and/or the shipping methods.
The right to withdraw from the sale contract – besides compliance with the terms and procedures as described above in sub-sections 7.1, 7.2, 7.3 and 7.4 – shall be deemed correctly exercised if the following conditions have been fully met:
- The right to withdraw has been correctly exercised within fourteen (14) days of receiving the products
- The products have not been used, worn or washed
- The identification tag with the disposable seal is still attached to the products as it constitutes an integral part of the product
- The products are returned with their original packaging
- The products are handed over to the courier within fourteen (14) days of the date you notified the Vendor of your decision to withdraw from the sale contract
- The products are not damaged
In accordance with section 312 g paragraph 2 of the German Civil Code, the right to withdraw from the sale contract is excluded in the event that you purchased customised or personalised products, or sealed items that were opened after delivery and that cannot be returned for health or hygiene reasons (such as, for example, products belonging to the “Cosmetics” category, whose sealed packaging has been opened).
The Vendor shall check whether the products returned comply with the terms and conditions indicated in sub-section 7.7 above.
If the right to withdraw has been exercised in accordance with the terms and conditions indicated above, the Vendor will send you an email confirming the acceptance of the returned products and will refund the amount paid for purchasing the products according to the terms and procedures set out.
You will be refunded as quickly as possible, and, in any case, within fourteen (14) days of the date the Vendor was informed of your decision to withdraw from the sale contract. We will begin processing your refund once we have verified that the terms and conditions above have been properly met.
In the event that your return does not comply with the terms and conditions set out in letters a), e) and f) of previous sub-section 7.7 or of section 312 g paragraph 2 of the German Civil Code, you will not be entitled to any refund of the amount already paid to the Vendor. The Vendor will inform you via email if your return is not accepted. Within 14 days of the email sent informing you that the return has not been accepted, you may choose, at your own expense, to have the products sent back to you in the conditions they were returned to the Vendor, informing the Vendor of this choice in accordance with the terms that will be communicated to you. Otherwise the Vendor may keep the products, as well as the amount paid for purchasing them.
Should the conditions of letters b), c) and d) of previous sub-section 7.7, not be respected, you will not be entitled to a full refund of the amount already paid to the Vendor. In accordance with art. 57, section 2 of the Consumer Code, you will be liable for any decrease in value of the products returned to the Vendor resulting from any use of them other than what is necessary to verify their nature, characteristics and functioning. In this event, the estimated reduction in value of the products will be deducted from the refund, which will amount to between 10 and 90 percent of the amount you paid to the Vendor for the products purchased, and which the Vendor will specify to you via email accordingly. Within 14 days of the email sent informing you of the amount deducted from the refund, you can choose, at your own expense, to have the products returned to you in the conditions they were sent back to the Vendor, informing the Vendor of this choice in accordance with the terms that will be communicated to you. Otherwise the Vendor may keep the products as well as the amount corresponding to the percentage deducted from the refund.
8. Refund times and procedures
Regardless of the payment method used, the full or partial refund will be processed by the Vendor as quickly as possible and, in any case, within fourteen (14) days of the date the Vendor was notified of your decision to withdraw, once full compliance with the return procedures and the returned products have both been verified.
The Vendor will refund you using the same payment method you used for purchasing the returned products, unless you have expressly agreed with the Vendor on a different payment method and under the condition that you will not be subject to any additional charge as a consequence of the refund. If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, and if the right to withdraw from the sale contract is then exercised, the refund will be made by the Vendor to the individual who made the payment.
The credit's value date will be the same as the original debit. You will not, therefore, suffer any losses in terms of bank interest.
9. Pre-ordered products
9.1 The Vendor may, in certain cases, offer you the chance to pre-order one or more products that are not yet available for purchase on www.balmain.com and that form part of the next collection. Products available for pre-order will be labelled to that effect on the product page. For each item, the Vendor will indicate the estimated shipping date and will send you a confirmation email once the package has been shipped. If your order contains both products that are already available and pre-order products then they will be shipped at different times but the shipping costs will be charged once only. If your order contains only pre-order products but with different shipping dates, then the products will be dispatched all at once on the latest estimated shipping date.
Pre-order products can only be purchased using a credit card. The Vendor will not request payment from your bank until the products ordered have been dispatched. When the order is placed, the Vendor will ask your bank to verify the details provided; the validity of your card may be confirmed by authorising a payment of 1 euro. This authorisation is not a charge; your card will only be charged at the moment of shipping.
Unless otherwise stated in sub-section 9, these General Terms and Conditions of Sale apply in full to pre-ordered products.
Please also read, if you haven't already done so, our General Terms and Conditions of Use since they contain important information on the security systems used.
11. Governing law and dispute resolution
Without prejudice to the application of EU-derived mandatory consumer protection provisions, the General Terms and Conditions of Sale are governed by German law and in particular by the German Civil Code and the German Introductory Act of the Civil Code.
Please note that the European Commission provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.
For any disputes arising from orders and/or these General Terms and Conditions of Sale, the competent court shall be that of the consumer's place of domicile or residence in accordance with applicable law or, at the consumer's request, the Court of Milan.
12. Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to changes in the law. The new General Terms and Conditions of Sale are effective as of the date of publication on www.balmain.com.
*Download and fill in the Hardcopy Return Form to exercise your right to return.