Terms and Conditions of SaleThe following General Terms and Conditions of Sale govern the offer and sale of products on our website www.balmain.com (the “Website”). The products purchased on www.balmain.com are sold by YNAP Corporation (the “Vendor”), an affiliate of YOOX NET-A-PORTER GROUP S.p.A..
Any inquiries should be addressed to our Customer Care service. For further assistance, please go to our Customer Care area, where you will find information on orders, shipping, refunds and returning products purchased on the Website.
1. Our Business Policy1.1
The Vendor offers products for sale on the Website and its e-commerce business services exclusively to adult users of the Website who are at least eighteen (18) years of age (the “Users” or “you”) for personal use and not for resale. 1.2
The Vendor reserves the right not to process orders for any or no reason, including without limitation orders that do not comply with the Vendor’s business policies, 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 in writing that the order will not be filled.
These General Terms and Conditions of Sale regulate only the offer, transmission and acceptance of orders relating to products on the Website between the User(s) 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 whose links, banners or other hypertext connections are posted on the Website. Before placing orders and/or purchasing products and/or services from third parties, we recommend that you review their respective terms and conditions and other applicable policies. Under no circumstances shall the Vendor be deemed liable for services supplied by third parties or for e-commerce transactions entered into by the Users with third parties.
2. Placing of Orders2.1
To purchase one or more products on the Website, you must fill out the online order form and send it electronically to the Vendor, following the applicable instructions. After this, you will receive an email from the Vendor acknowledging receipt of your order.
Before completing the purchase of your products, we ask that you carefully read these General Terms and Conditions of Sale in full and the Return Policy. We also suggest that you print a copy using the print option and keep it for your records.
Before completing your purchase, on the order confirmation page, we will provide you with:
- a link to these General Terms and Conditions of Sale and the Return Policy;
- a summary of the main characteristics of each product ordered and an itemized list of each product’s unit price (including all applicable fees and taxes);
- the total amount to be paid and the applicable terms of payment;
- available payment methods;
- shipping methods, name of carrier, mode of transportation, place of delivery and shipping and delivery costs (including any additional fees you may be charged if you choose expedited shipping or shipping different from standard shipping);
- any additional charges payable to a third party which amount cannot be determined by the Vendor (such as customs duties);
- the currency in which amounts are expressed;
- the estimated delivery date of the products; and
- our return policy (including any costs associated with the return of products).
When you proceed with submitting the order form, you are obligated to pay the price indicated therein as set forth in Section 4.2. Before submitting the order form, you will be asked to identify and correct any possible input errors.
The order shall be deemed completed when the Vendor receives your order form electronically, the order information has been verified as correct and the Vendor accepts the order by sending 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 submitting the order. The Vendor shall not be bound to supply any products which may have been part of your order until the order of such products has been confirmed in the shipment confirmation email.
You may access your order form in the “My Orders” section. The information contained in the order form will be kept in our system only for the time required to process your order and as otherwise required by applicable law.
Orders are processed in the order they are received. The Vendor may not process orders that are incomplete or incorrect, or if the products are no longer available. In this event, we shall inform you via email 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, then the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day you submit your order to the Vendor.
The Vendor reserves the right not to process orders in the cases outlined in sub-section 1.2.
3. Products and Prices
The Website exclusively sells Balmain branded products purchased directly by the Vendor from the fashion house and/or authorized manufacturers.
The Vendor reserves the right to modify or discontinue any product offered for sale on the Website at any time without notice.
The main characteristics of the products are shown on each product page on the Website. The images and colors of the products offered for sale on the Website are shown for information purposes only and may not correspond exactly to the actual appearance, size and color of the garments, due to among other things the settings of your Internet browser or monitor used.
Prices are subject to change. Please check the final price before sending your order form. The prices for the products shall be as quoted on the Website from time to time, except where there is an apparent error. All prices listed on the Website are in the currency that corresponds to your browsing preference on the Website (i.e., prices are quoted in United States dollars if you are browsing on the United States version of the Website and in Canadian dollars if you are browsing on the Canadian version of the Website). 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 or to cancel the order. If we are unable to contact you, the order will be treated as cancelled. Prices do not include sales taxes, which will be added at checkout. 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 and applicable law. 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.
The Vendor will not accept orders from countries not listed on the Website.
Payment of the price of the products, shipping and delivery costs must be made using one of the methods indicated on the order form. Shipping and delivery costs are non-refundable.
5. Shipping and Delivery
Once your order is shipped, we will email you a shipping confirmation with a tracking number to enable you to track your package at all times. For information about product shipping and delivery procedures, please visit the Customer Care area. Please read the Customer Care section carefully, as the information provided therein is an integral part of these General Terms and Conditions of Sale and, therefore, you will be deemed to have read and accepted them when you submit your order.
Delivery dates indicated in any order form or order confirmation are estimates only and shall not be deemed a representation by the Vendor. The Vendor will not be liable for failure to ship or deliver the products as estimated, and you will not be entitled to any refunds or cancellation of orders as a result of delayed shipment.
You bear all risks of loss and damage to the products from the time the same have cleared our fulfillment house. Title to the products passes to you upon acceptance of shipment by a common carrier.
6. Customer Care
If you have any questions, please contact our Customer Care before placing your order. For more information, please visit the Customer Care area.
7. Return Policy
Please review our Return Policy prior to completing your purchase.
8. Pre-Order Products
The Vendor may, in certain circumstances, offer you the chance to pre-order one or more products that are not yet available for purchase on the Website and that are 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 for sale on the Website and pre-order products, they will be shipped at different times, but the respective shipping costs will be charged only once. If your order contains only pre-order products and indicates different shipping dates, the products may be shipped 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 immediately prior to the shipment of the products. 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 authorizing a nominal payment of 1 dollar or less. This authorization is not a charge; your card will only be charged at the time of shipping.
Unless otherwise stated in this section, these General Terms and Conditions of Sale apply in full to pre-order products.
9. Limitation on Liability
THE VENDOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE VENDOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, 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 THE ORDER CONFIRMATION. THE VENDOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA.
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE VENDOR IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, THE VENDOR’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.
CERTAIN STATE LAWS SIMILARLY 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 you haven't already done so, please also read our General Terms and Conditions of Use since they contain important information on the security systems used by the Vendor.
11. Force Majeure
The Vendor 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 the Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The 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 you have received the email confirming receipt of the order, and to change or update information at any time without prior notice.
13. Governing Law and Dispute Resolution
These terms are governed by New York law. 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. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
14. Amendments and Updates
The Vendor may amend or update all or any part of the Website policies including these General Terms and Conditions of Sale at any time in its sole discretion. Any amendments or updates to the General Terms and Conditions of Sale shall be effective upon publication in their respective sections of the Website. Please access the General Terms and Conditions of Sale on the Website regularly in order to check whether the General Terms and Conditions of Sale have been updated. If any provision of any part of these General Terms and Conditions of Sale shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining General Terms and Conditions of Sale.