Terms and Conditions of SaleThe following General Terms and Conditions of Sale (“Sale T&C”) govern the offer and sale of goods on the website www.balmain.com. The goods displayed on www.balmain.com are sold directly by YOOX NET-A-PORTER GROUP S.p.A., company with sole shareholder subject to direction and coordination of Compagnie Financière Richemont S.A.
1. Our Business Policy
1.1 The Vendor offers goods for sale on www.balmain.com and its e-commerce business services are available exclusively to adult end users, i.e. "consumers".
1.2 “Consumer” means any individual who is acting for personal purposes outside of his/her trading activities, business or profession. If you are not a Consumer, please do not purchase goods on www.balmain.com.
1.3 The Vendor has the right not to process purchase orders (“Orders”) received from users who are not Consumers nor Orders that do 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 placed Order is considered null and void, and the Vendor informs the user that no sales agreement will be subsequently concluded nor executed.
1.4 These Sale T&C regulate the offer of goods available on www.balmain.com to the Consumer by the Vendor, the submission of Orders by the Consumer and the acceptance and performance of Orders by the Vendor.
1.5 The Sale T&C do not apply to the provision of services and to the sale of products displayed on www.balmain.com via links, banners or other hypertext connections by third parties. Before sending orders and purchasing products and services from third parties, we recommend that you verify their own terms and conditions. Under no circumstances shall the Vendor be deemed liable for the supply of services by third parties or for the execution of e-commerce transactions between Consumers and third parties.
1.6 By sending the Order you agree that the Vendor may resort to one or more third parties (for instance, a courier or post service) for the execution of the sales agreement concluded with you (“Contract”).
2. How to conclude and execute a Contract with the Vendor
2.1 To conclude a Contract for one or more goods available on www.balmain.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
2.2 Before placing your Order, we ask you to read the Sale T&C and the Return Policy carefully, to print a copy of such documents using the print option and to keep it safe for your own personal use. In accordance with the applicable law mentioned below in sub/section 11, upon purchasing your goods on www.balmain.com, we will provide you with the following information: (i) our commercial and contractual conditions of sale; (ii) a summary of the main features of each ordered good; (iii) the unit price of each ordered good; (iv) the available payment methods for the purchase of ordered goods; (v) the available shipping methods for the delivery of ordered goods; (vi) the cost of shipping/delivery; (vii) the address, contacts and relevant information of the Vendor; (viii) the approximate date in which ordered goods will be delivered. The Vendor will also provide you with a summary of the terms and conditions for returning purchased goods. You will be reminded of the legal guarantee of product conformity for each ordered good, as well as provided with the necessary information for contacting our Customer Care.
2.3 On the order final confirmation page, which contains a reference to the Sale T&C and to the Return Policy, we will provide you the following information: (i) a summary of the main features of each ordered good; (ii) the unit price of each ordered good; (iii) the cost of shipping/delivery (including any additional fees you may be charged if you choose a faster or different shipping option than the standard one).
2.4 Upon filling the order form, you will be duly informed that its submission implies the obligation to perform the payment of the price of the chosen goods indicated therein prior to their dispatching, as well as asked to identify and correct any possible input errors. The Contract shall be deemed concluded when the Vendor sends a receipt to the Consumer confirming the payment of the purchased goods.
2.5 The order form submitted to the Vendor will be filed in our database for the time required to process your order and as established by the applicable law. You may access your order form in the My Orders section.
2.6 English is the language used for the conclusion of your Contract with the Vendor.
2.7 After your order form has been submitted, the Vendor will process your Order.
2.8 The Vendor has the right not to process Orders that do not provide sufficient guarantees of solvency, are incomplete or incorrect, or if the ordered goods are no longer available. In this event, we shall inform you via e-mail that the Contract cannot be deemed concluded and that the Vendor has not processed your Order, specifying the reasons thereof. If the goods displayed on www.balmain.com are no longer available or for sale when your Order is received or fulfilled, the Vendor shall be entitled to exclude the good from the Order/cancel the Order, informing you of the unavailability of the ordered goods within the shortest possible time but no later than thirty (30) days from the day in which your Order was submitted. If you have already paid for the ordered goods, the Vendor will refund the amount paid in full without undue delay and the Contract will be deemed terminated. The Vendor reserves the right not to process orders in the cases outlined in sub-section 1.3.
2.9 By submitting an order form, you unconditionally accept and undertake to observe these Sale T&C in performing your Contract with the Vendor. Should you not agree with certain provisions of these Sale T&C, please do not submit your order form for the purchase of goods on www.balmain.com.
2.11 Upon submission of an order form, the Vendor will email you an electronic Order receipt containing a reference to these Sale T&C, a summary of the Return Policy, as well as commercial and contractual conditions of sale displayed on www.balmain.com.
3. Guarantees and price indication
3.1 The website www.balmain.com exclusively sells Balmain branded goods purchased directly by the Vendor from the fashion house and/or authorised manufacturers.
3.2 The Vendor does not sell second-hand goods, flawed goods or goods of lower quality than the corresponding market standards.
3.3 The main features of the goods on sale are displayed on the corresponding pages of www.balmain.com. The colours of the goods on sale illustrated on www.balmain.com may not correspond exactly to the real garments depending on the Internet browser and/or hardware used by you.
3.4 Prices are subject to change. Please check the final price before submitting your order form. In the event of a recognizable error in the indication of the goods’ price or miscalculation - by YNAP - of the amount requested at payment occurred due to circumstance of insuperable force or to any other unforeseen causes, including, but not limited to technical faults, YNAP will reject the Order and contact the Consumer to offer him/her the opportunity to purchase the good(s) at the correct price.
3.5 The Vendor cannot accept Orders from countries which are not listed in the splash page.
3.6 All purchased goods come with an identification tag with a disposable seal attached.
4.1 The payment of the price of the chosen goods and of shipping/delivery expenses must be carried out using one of the methods described in the order form. Under no circumstances you will be charged higher fees than those eventually incurred by the Vendor for the receipt of the payment from you.
4.2 In the case of payment by credit/debit card, all bank details which are necessary for the performance of the relevant transaction (i.e. card number, expiration date) will be sent via an encrypted protocol to the 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 purchased goods, or for reporting cases of fraud on www.balmain.com to the competent State bodies. The price of the purchased goods and the amount of shipping/delivery expenses as indicated on the order form will be charged to your account at the moment when the purchased goods are shipped from our warehouse.
5. Shipping and delivery
5.1 For information about our 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 Sale T&C and, consequently, it shall be assumed that you have fully read and accepted it upon submission of your Order.
5.2 The Vendor cannot be held liable in case the delivery of purchased goods is delayed because of issues arising upon customs clearance.
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
7.1 You have the right to withdraw from the Contract and return the purchased good(s) for any reason and without incurring in any penalty within thirty (30) days from the day in which you received the goods purchased on www.balmain.com unless a longer term is provided by the applicable law. In case you withdraw from the Contract, you are not allowed to ask the replacement of the initially purchased garment with another garment unless the corresponding right is explicitly provided by the Vendor.
7.2 You may choose one of the following methods to withdraw from the Contract: a) duly fill and submit the online Return form available in the Customer Care area of www.balmain.com to the Vendor (in this case, the Vendor will send you an e-mail confirming that it has received your return request); b) fully fill and mail the dedicated form available in www.balmain.com* to the Vendor; c) mail an explicit statement of your decision to withdraw from the Contract to the Vendor. With regard to instances b) and c) above, the form/statement duly signed by you shall be sent to the Customer Care at the registered office of YOOX NET-A-PORTER GROUP S.p.A., via Morimondo, 17 – Milano 20143. You will be responsible for proving that you exercised your right to withdraw from the Contract correctly and timely.
7.3 The goods to be returned must be handed over to the courier in accordance with the procedures set forth below within thirty (30) days from the day in which you received the goods purchased unless a longer term is provided by the applicable law.
7.4 In case you withdraw from the Contract, the only expenses for which you shall be charged are those which are necessary for returning the goods to the Vendor.
7.5 You can ship your returns to the Vendor with a shipping service of your choice and the return shipping will be at your own expense. The Vendor recommends that you choose a shipping service that permits you to trace the delivery at any time.
7.6 The right to withdraw from the 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 shall be deemed correctly exercised if the following conditions are fully met: (a) the right to withdraw has been correctly exercised within thirty (30) days from the day in which you received the goods purchased on www.balmain.com unless a longer term is expressly provided by the applicable law; (b) the goods have not been used, worn or washed; (c) the identification tag with the disposable seal is still attached to the goods (it constitutes an integral part of the goods); (d) the goods are returned with their original packaging; (e) the goods are handed over to the courier within thirty (30) days from the day in which you received the goods unless a longer term is provided by the applicable law; (f) the goods are not damaged. Your right to withdraw from the sale contract is excluded when established by the applicable law, for instance if you purchased customised or personalised goods, or sealed items that were opened after delivery and/or that cannot be returned for health or hygiene reasons (such as, for example, goods belonging to the “Cosmetics” category, whose sealed packaging has been opened).
7.7 The Vendor shall check whether the returned goods comply with the terms and conditions indicated in sub-section 7.6 above. If your right to withdraw from the Contract has been exercised in accordance with terms and conditions indicated above, the Vendor will send you an e-mail confirming the acceptance of the returned goods and will refund the amount you paid upon purchasing the goods according to the terms and procedures set out below in sub-section 8.
7.8 You will be refunded as quickly as possible, and, in any case, within ten (10) days of the date the Vendor was informed of your decision to withdraw from the Contract. We will begin processing your refund once we have verified that the terms and conditions set out above have been met.
7.9 In the event that your return does not comply with the terms and conditions set out in points a), e) and f) of sub-section 7.6 above, you will not be entitled to any refund of the amount you paid upon purchasing the goods. The Vendor will inform you via e-mail in case your return is not accepted. Within fourteen (14) days from the receipt of this e-mail you may choose, at your own expense, to have the goods sent back to you in the conditions in which they were returned to the Vendor, informing the Vendor of this choice in accordance with the terms that will be communicated to you. Otherwise, if you do not inform the Vendor of your choice to have the goods sent back to you in the conditions they were returned to the Vendor and cover the delivery expenses in advance or fail to collect the said goods, the said omission to act will entail your refusal from the title to the said goods and entitle the Vendor to dispose of the goods at its own discretion.
Should the terms and conditions set out in points b), c) and d) of sub-section 7.6 above not be respected, you will not be entitled to a full refund of the amount already paid to the Vendor and you will be held liable for any decrease in value of the goods 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 goods will be deducted from the refund, which will amount to between 10 and 90 percent of the amount you paid to the Vendor upon purchasing the goods, and which the Vendor will specify to you via e-mail accordingly. Within fourteen (14) days from the receipt of this e-mail you may choose, at your own expense, to have the goods sent back to you in the conditions in which 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 shall be deemed as entitled to keep the goods as well as the amount corresponding to the percentage deducted from the refund.
8. Refund terms and procedures
8.1 Regardless of the payment method used upon purchasing the returned goods, your refund will be processed as quickly as possible, and, in any case, within ten (10) days from the day in which the Vendor is informed of your decision to withdraw from the Contract. We will process your refund request once we have verified that the terms and conditions for the return set out above have been met.
8.2 The Vendor will refund you using the same payment method you used upon purchasing the returned goods, 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. In case the recipient of the goods indicated in the order form differs from the individual who made the payment for such goods, 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.
9. Pre-ordered items
9.1 The Vendor may, in certain cases, offer you the chance to pre-order one or more items that are not available yet for purchase on www.balmain.com and that form part of the next collection. Goods available for pre-order will be duly labelled. For each item, the Vendor will indicate the estimated shipping date and will send you a confirmation e-mail once the package has been shipped. If your order contains both goods that are already available on sale and pre-order items they will be shipped at different times but the shipping costs will be charged only once. If your order contains only pre-order items but with different shipping dates, then the goods will be shipped all at once on the latest estimated shipping date.
9.2 Pre-order items can only be purchased using a credit card. The Vendor will not request payment from your bank until the ordered goods have been shipped. 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.
9.3 Unless otherwise stated in this sub-section 9, these Sale T&C apply in full to pre-ordered items.
10.2 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 by the Vendor.
11. Governing law and dispute resolution
11.1 These Sale T&C are governed by EU and Italian applicable laws on consumer protection, provided the imperative adoption of Russian applicable laws on consumer protection if more favourable for the Consumer.
11.2 In the event of a dispute between the Vendor and a Consumer arising from these Sale T&C, an amicable out-of-court settlement shall be sought by the parties through the RisolviOnline extrajudicial dispute resolution system provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, available online at: www.risolvionline.com.
11.3 Please note that the European Commission provides an alternative platform for the amicable out-of-court settlement of disputes, available online at: RisolviOnline.com. This platform could be used in place of the RisolviOnline extrajudicial dispute resolution system mentioned above at the Consumer's explicit request.
11.4 In case a dispute between the Vendor and a Consumer arising from these Sale T&C cannot be settled amicably, 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 explicit request, the Tribunal of Milan, Italy.
12. Amendments and updates
These Sale T&C may be amended from time to time due to changes in the applicable law. Amended Sale T&C become effective as of the date of publication on www.balmain.com.