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 accept orders received from users who are not "consumers".
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 place an order, and our contract with you
To place an order 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. You may wish to print a copy using the print option and keep it safe for your own personal use.
On the order confirmation page, which appears just before the completion of your order, 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).
When you proceed with submitting the order form, you will be notified that sending it requires you to pay 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.
After your order form has been submitted, the Vendor will process your order. Following placement of your order, the Vendor will send you an automatic acknowledgment of receipt. However, this does not constitute acceptance of your order by the Vendor nor does a contract between you and the Vendor exist at this point in time in respect of your order. The Vendor's acceptance of your order will take place when the Vendor emails you to confirm that the order has been dispatched, at which point a contract will come into existence between you and the Vendor. The acceptance email represents an electronic purchase order receipt and contains the General Terms and Conditions of Sale, a summary of the Return Policy, and all relevant information relating to your order.
If the Vendor is unable to accept your order for any reason (including any of the reasons described in section 2.9 or if a product is out of stock), the Vendor will inform you of this.
The Vendor is also entitled to cancel your order, even after accepting it, in the following circumstances: the Vendor has identified an obvious and unmistakeable error in the price or description of the product; the Vendor suspects illegal or fraudulent activity; or you have not complied with these General Terms and Conditions of Sale. If so, the Vendor will notify you as soon as possible of such cancellation and require you to return the products if they have already been delivered to you.
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.
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.
Prices are subject to change. Please check the final price before sending your order form. In the event of a recognizable error in the indication - by the Vendor - of the product price or calculation of the amount requested at payment, the Vendor will reject the order and contact the user to offer them the opportunity to purchase the product(s) at the correct price.
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.
The Vendor is under a legal duty to supply products to you as a consumer that are in conformity with the contract between you and the Vendor. Nothing in these General Terms and Conditions of Sale or the Return Policy will affect your legal rights. If you believe that products we have supplied do not conform with the contract between you and the Vendor, please contact Customer Care. If you wish to exercise your legal rights to reject products, the Return Policy applies.
All products sold by the Vendor are covered by a guarantee for lack of conformity, as provided by the applicable law (6 years in England, Wales and Northern Ireland and 5 years in Scotland). 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 the banks which provide remote electronic payment services to the Vendor, 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 or other authorities. 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.
6. Customer Care
If you have any questions, please contact our Customer Care. For more information, please visit the Customer Care area.
7. Return Policy
Please click here for details of our Return Policy, which is part of these General Terms and Conditions of Sale.
8. Pre-ordered products
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 together 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. This authorisation is not a charge; your card will only be charged at the moment of shipping.
Unless otherwise stated in section 8, 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.
10. Governing law and dispute resolution
These General Terms and Conditions of Sale (including the Return Policy), their subject matter and formation, are governed by English law.
In the event of a dispute between the Vendor and you arising from the General Terms and Conditions of Sale (including the Return Policy), you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Please note that the European Commission also provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.
11. Amendments and updates
The General Terms and Conditions of Sale (including the Returns Policy) may be amended from time to time. Any changes are effective as of the date of publication on www.balmain.com and will apply to any new orders you place following the date of publication.