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GENERAL CONDITIONS OF SALE

  1. Scope of Application

1.1 These general conditions (the "General Conditions") govern online sales of Vionnet products (the "Products") shown on our website at http://www.vionnet.com (the "Website").

1.2 The Products are presented on the Website by Vionnet Operations S.r.l., with registered office at 20122 – Milan (MI), Corso Monforte 16, Fiscal Code and VAT no. 07636370962 ("Vionnet"), by access to a specific area reserved for e-commerce (http://store.vionnet.com), in accordance with the terms and procedures set out under the General Conditions.

1.3 The Products are presented by Vionnet exclusively to the end users of the Website who are the "consumers". "Consumers" shall mean any natural person who acts for purposes unrelated to any business, commercial, artisanal or professional activity of his own.

1.4 Vionnet shall not accept purchase orders from end users who are not "consumers" as defined above or who are in some way in breach of the provisions established by the General Conditions. In the event that you are not a "consumer", we would ask that you do not proceed with ordering Products on the Website.

1.5 For further information regarding these General Conditions, please contact our customer services team at any time by sending an email to e-commerce@vionnet.com. For any other information of a legal nature please visit the "Info" area of the Website and consult (in particular) our Privacy Policy and information on the Right to Cancellation.

  1. Formation of the Contract

2.1 Before proceeding with the purchase of Products presented on the Website, you shall be required to register via the e-commerce page of the Website, by creating an individual account in the "My Account" area. You will be asked to provide some personal details and create a password that you must keep confidential. Your personal details will be collected and processed in full accordance with current legislation as set out in our Privacy Policy.

2.2 Once you have duly registered on the Website and following receipt of a confirmation email from Vionnet sent to the email address provided by you, you will be able to proceed with purchasing Products in the following manner:

(a) you will need to choose the country (from the options listed) to which the Products that you intend to purchase must be sent. you will automatically be redirected to the appropriate page of the Website, which will include the relevant prices, currency and delivery charges; and

(b) you will need to complete an online purchase order (the "Order") to be sent to Vionnet electronically.

2.3 The Order contains a general summary of the commercial and contractual conditions applied by Vionnet to the sale of Products, that is, the following information:

(a) Vionnet's essential details and main information, including the email address of our customer service team and the after-sales helpline (with details of the applicable charges) for returning defective or incorrect Products and exercising your right to cancellation;

(b) reference to the General Conditions via the relevant link;

(c) a summary of each of the Products that you intend to buy, including the essential features chosen (for example, model, size and colour);

(d) the total price of the Products, including applicable taxes and levies (the "Price"), as well as the methods of payment accepted by Vionnet;

(e) the dispatch cost and time-scales (variable depending on the specific method chosen by you);

(f) a summary regarding Vionnet's complaints procedure for defective Products;

(g) a summary of information regarding the Right to Cancellation, including methods and time limits for returning Products, circumstances under which you will lose your right to cancellation and a link to the cancellation form; and

(h) a notice regarding the existence of the legal guarantee of conformity in relation to the Products.

2.4 The presentation of the Products on the Website does not represent an offer from Vionnet to the public, but a mere invitation presented to you to formulate a contractual offer of purchase by submitting an online Order. The purchase agreement for Products shall therefore be considered concluded when you receive a communication accepting your Order (at Vionnet's discretion) sent to the email address provided upon registration, subject to Vionnet verifying the following:

(a) the correctness and completeness of the details given;

(b) the consistency of the Order with the normal needs of a "consumer", at Vionnet's sole discretion, in relation, for example, to the quantity of Products requested and/or the number of individual Orders submitted for the same category of Products;

(c) the existence of adequate guarantees of solvency, including the completion of the transaction by credit card; and

(d) the availability of the Products following submission of the Order.

2.5 Before submitting your online Order to Vionnet, you will also be asked to:

(a) take note of and carefully read the General Conditions and the information regarding the Right to Cancellation. You will have the opportunity to save and/or print copies; and

(b) check the accuracy of the details entered on the Order and correct any errors.

2.6 By electronically submitting the Order to Vionnet, you expressly and unconditionally accept the General Conditions, the Privacy Policy and the information regarding the Right to Cancellation published on the Website at the time of submitting the Order, and agree to pay the total Price indicated on the Order.

2.7 The submitted Order will be stored in Vionnet's database in accordance with our Privacy Policy. You will be able to see your Order at any time by accessing the reserved "My Account" area.

2.8 Acceptance of your Order, pursuant to Clause 2.4 will be sent to you by Vionnet without undue delay and will contain all the information that had already been given to you before submitting the Order, in accordance with the Clause 2.3, including a link to the General Conditions.

2.9 Vionnet shall be entitled to cancel, in whole or in part, the already accepted Order, by sending notice to the email address used during registration, within and not after ten (10) successive days of sending the Order acceptance in the event of:

(a) the Products not being available for reasons beyond the control of Vionnet; or

(b) it being impossible to dispatch the Order due to force majeure reasons.

2.10 In the event of the circumstances set out in Clause 2.9, Vionnet shall arrange a refund, without undue delay, of any amounts already paid and, therefore, the purchase agreement for the cancelled Order shall be deemed terminated, in whole or in part.

2.11 English is the language that is available for concluding purchase agreements with Vionnet. These General Conditions are published on the Website in English.

  1. Prices and Payment Methods

3.1 The Prices of the Products are those displayed on the Website and shown on the Order at the time of online submission to Vionnet and include applicable taxes, levies and any customs duty. Depending on the country to which you have requested delivery, one of the following currencies will be used: euro (EUR), pounds sterling (GPB) or US dollar (USD).

3.2 Vionnet reserves the right to amend and/or update the Prices of the Products at any time. We therefore request that you check the total price shown on the Order carefully. In effect, after submitting your Order to Vionnet, you will become liable for the associated payment once the Order is accepted.

3.3 Vionnet accepts payment by the following two methods only:

(a) credit card (with Visa/Visa Electron, MasterCard, American Express, Diners Club, Maestro International); and

(b) PayPal, subject to identifying or creating a personal account.

3.4 Pursuant to Clause 3.3(a), in the case of payment by credit card, the financial information that you must enter to proceed with payment for the Products (for example, the credit card number and expiry date) will be handled by Banca Sella directly, using SSL 128 bit encryption, in full compliance with security requirements for online commercial transactions. The processing of the aforementioned details shall be governed by the contents of the information notice provided by Banca Sella. These details will not be shared with Vionnet.

3.5 In the case of payment via PayPal, pursuant to Clause 3.3(b), all the financial and personal details related to your PayPal account shall be handled directly by PayPal in accordance with the applicable information notice. These details will not be shared with Vionnet. 

3.6 The Price of the Products and the associated delivery charges shown on the Order shall be debited from your credit card upon submitting the Order. It should be noted that, in the event of the Order not being accepted pursuant to Clause 2.4, Vionnet shall promptly arrange a refund of the amount paid.

  1. Delivery of Products

4.1 The Products purchased will be dispatched to the address indicated on the Order by the courier that is automatically selected once the destination country is chosen. Deliveries are usually made within 2 to 3 working days for deliveries within Europe and 10 to 12 working days for deliveries to the United States of America. The cost of delivery will automatically be shown on the Order in accordance with Clause 2.3(e). For information regarding the delivery charges usually applied by Vionnet, please see the summary table provided. 

4.2 Once the Order has been dispatched, Vionnet will send a notice to the email address provided by you upon registration, providing you with a link to the website of the selected courier so that you can track the delivery, as well as a digital copy of the invoice.

4.3 The Products purchased on the Website will be sent exclusively to the destination country you selected at the time of purchase from among the choices available. For more information and enquiries, please contact our customer service department by email at e-commerce@vionnet.com, or on the following fixed network German telephone number +(49) 711 725 230 4355. Please note that you will be charged for telephone calls to this number at the tariff applied by the telephone network used and the country from which you make the call.

4.4 Requests for delivery to countries other than those included in the list published on the Website will not be processed or accepted by Vionnet. In the event that you subsequently take the Products purchased on the Website to a country other than the destination country selected on the Order (including the other countries shown on the Website), Vionnet shall not be liable in the event that the Products in question do not conform to applicable local legislation.

  1. Discount Codes

5.1 Vionnet has arranged for the use of promotional codes ("Discount Code") on the Website, which entitle the bearer to receive a discount on the sales price of Products equal to the value of the Discount Code.

5.2 To use your Discount Code, you simply need to follow the instructions that will be given to you at the time of submitting your Order online.

5.3 The use of a Discount Code will be subject to the following limitations:

(a) you may use only one Discount Code for each Order, since they may not be combined under any circumstances;

(b) you may use a Discount Code only for the countries to which they are expressly intended to be applicable; 

(c) the Discount Code may not be exchanged for cash under any circumstances; and

(d) the Discount Code may be used only to purchase Products of a value equal or greater than the value of the Discount Code itself.

  1. Guarantee for Lack of Product Conformity

6.1 Vionnet presents artisanal products of the highest quality and in the best condition on its Website. All the Products are accompanied by an identification tag and are delivered in a special package bearing the Vionnet brand mark.

6.2 Your purchases will be governed by legislation on legal guarantees of conformity in relation to the Products, including the provisions established by Legislative Decree no. 206 of 06 September 2005 concerning guarantees to consumers (the "Consumer Code"), without prejudice to any necessary implementing rules present in the consumer's jurisdiction.

6.3 The legal guarantee provided by the Consumer Code, subject to exceptions arising from necessary implementing rules present in the consumer's jurisdiction, protects you in the event of purchasing defective Products or those that do not comply with the Order that you submitted online. Indeed, Vionnet is liable to you, as the consumer, for any non-compliance existing at the time the Products are delivered. The term "lack of conformity" means the presence of at least one of the following:

(a) unsuitability of the Products for the usual purpose of products of the same type; or

(b) the non-compliance of the Products with the description presented by Vionnet on the Website; or

(c) the absence in the Products of the quality and features usually found in products of the same type, that one could reasonably expect, considering the nature of the goods and, where appropriate, the public statements made by Vionnet regarding the specific characteristics of the goods concerned, particularly in advertising or on labels; or

(d) the unsuitability of the Products for the use you intended, where you informed Vionnet of your intended use at the time of concluding the contract and Vionnet accepted your intended use, including by implication.

6.4 It should be noted that the definition of "lack of conformity" does not include, and therefore does not give the right to obtain the remedies established under Clause 6, any imperfections and/or defects associated with:

(a) the artisanal production of the Products;

(b) the characteristics of the raw materials used to make the Products; or

(c) the graphics quality of the internet browser or monitor used at the time of purchase.

6.5 Where a lack of conformity arises, you shall be entitled to choose between receiving a substitute at no further expense, receiving an appropriate discount on the Price, or to cancelling the purchase agreement under the terms set out in Clause 6.

6.6 You may ask Vionnet to replace the Products subject to Vionnet verifying the existence of the defects notified, within the time limit set by Vionnet in each instance without suffering significant inconvenience, taking the nature of the Products and the purpose for which you bought them into account.

6.7 As an alternative to replacing the Products as per Clause 6.6, you may ask Vionnet, if you wish, for a proportionate reduction in the Price or for the purchase agreement to be cancelled where one of the following conditions exists:

(a) replacement is impossible or excessively burdensome; or

(b) Vionnet has not arranged for a replacement of the goods within the time limit established by Clause 6.6.

6.8 A reduction in the Price or cancellation of the purchase agreement will take place subject to Vionnet verifying the existence of the claimed defects and the presence of one of the conditions set out under Clause 6.7. Vionnet shall arrange a whole or partial refund (depending on the circumstances) of the Price, without undue delay, after receiving the return document and the Products pursuant to Clause 6.9.

6.9 In any event, should you choose to return the Products due to lack of conformity under the terms of Clause 6, you must fill in the return document that is provided with the parcel and was included with the Products, specifying your reason. You will not be charged for any costs arising from this returns procedure.

6.10 The completed return document along with the Products that you intend to return must be sent to the address shown on the document. You will not be liable for the associated delivery costs.

6.11 Once the return document and Products have been received, Vionnet will email you at the address held in your personal account details without undue delay to notify you (depending on the circumstances) that further to checking the Products:

(a) your request for replacement was accepted and, therefore, Vionnet will make arrangements under the terms of Clause 6.6; or 

(b) your request for a reduction in Price or cancellation of the purchase agreement was accepted and, therefore, Vionnet will make arrangements under the terms of Clause 6.8; or

(c) your return request does not satisfy the requirements set out under Clauses 6.6, 6.7 and 6.8 and, therefore, was not accepted. You will be entitled to request that the Products be returned to you at your own expense within the fourteen (14) days following Vionnet's communication.

6.12 In any event, a minor lack of conformity for which it was not possible or it was excessively onerous for Vionnet to provide a replacement, shall not give you the right to cancel the purchase agreement relating to the Order.

6.13 Vionnet shall be liable to you under the terms of Clause 6 should the defect arise within a period of two (2) years from the Products being delivered. The rights guaranteed to you by Clause 6 shall lapse in the event that you fail to notify Vionnet of the defects in conformity within a period of two (2) months after discovering them.

6.14 For more information and enquiries regarding returns for defects in conformity, please contact our customer service department by email at e-commerce@vionnet.com, or on the following fixed network German telephone number +(49) 711 725 230 4355. Please note that you will be charged for telephone calls to this number at the tariff applied by the telephone network used and the country from which you make the call.

  1. Right to Cancel

7.1 Without prejudice to the provisions of Clause 6 concerning legal guarantees for non-compliance of Products, you shall be entitled to exercise the right to cancel the contract you made with Vionnet upon electronically submitting your Order, without penalty and without needing to give a reason, within a period of fourteen (14) days from the day on which you (or your designated recipient) receive(s) the Products.

7.2 Within the period stated in Clause 7.1, you shall be entitled to inform Vionnet of your decision to exercise your right to cancellation. For that purpose, you may chose from among the following options:

(a) use the cancellation form that you can download at link, which was communicated to you before making the purchase pursuant to Clause 2.3(g); or

(b) send us any other notice advising us of your decision to cancel.

7.3 To exercise your right to cancellation pursuant to Clause 7.2, you must send the cancellation form or another notice of cancellation within the established time limit, by: 

(a) recorded delivery with advice of receipt to the following addres: Vionnet Operations S.r.l. c/o 77Agency S.r.l., Via Andrea Solari 11, 20144 – Milan (MI), Italy; or

(b) by email to the following address: e-commerce@vionnet.com.

7.4 Regardless of the method you choose to exercise your right to cancellation under the terms of Clause 7, please note that the burden of proving that you have exercised it correctly lies with you in all cases.

7.5 Once you have sent us notification of your decision to cancel under the terms of Clauses 7.2 and 7.3, you must return the Products to Vionnet without undue delay, and in any event, within fourteen (14) days from sending your notice to the address shown on the pre-printed label that you received with your parcel.

7.6 The delivery charges for returning the Products further to exercising your right to cancellation under the terms of Clause 7 shall be entirely borne by Vionnet.

7.7 Should you exercise your right to cancellation, you will be held liable for any decrease in the Products' value arising from handling the goods other than to the extent necessary to establish the nature, characteristics and functioning of the Products.

7.8 In any event, the right to cancellation will be excluded in relation to Products for which Vionnet has provided personalised packaging or which were clearly personalised according to your requests.

7.9 In addition to the contents of Clause 7 and Clause 8, please carefully read the information on exercising the Right to Cancellation, which forms an integral and substantive part of the General Conditions of which you declare acceptance at the time of submitting your Order online.

7.10 For more information and enquiries in relation to exercising the right to cancellation, please contact our customer service department by email at e-commerce@vionnet.com., or on the following fixed network German telephone number +(49) 711 725 230 4355. Please note that you will be charged for telephone calls to this number at the tariff applied by the telephone network used and the country from which you make the call. 

  1. Refund Methods in the event of Cancellation

8.1 In the event of exercising the right to cancellation under the terms of Clause 7, Vionnet will arrange a full refund of the Price paid for the purchase of the Products. The Price will be refunded to you by Vionnet without undue delay and, in any event, within fourteen (14) days from the date on which Vionnet was informed of your decision to exercise your right to cancellation, without prejudice to the provisions of Clause 7.7 and Clause 8.2.

8.2 Cancellation shall not be effective and you shall not, therefore, be entitled to a refund of the Price under the following circumstances:

(a) failure to send Vionnet the return form within the time limit established under Clause 7.1; and

(b) failure to send the Products to Vionnet within the time limit established under Clause 7.5.

8.3 Under the circumstances set out in Clause 8.2, Vionnet will notify you via email at the address held in your personal account details of its unwillingness to accept the return following your decision to exercise the right to cancellation.

8.4 In the fourteen (14) days following receipt of Vionnet's communication as set out in Clause 8.3, you will be entitled to have the Products returned to you at your own expense and in the same condition in which they were returned to Vionnet, by giving written notice to Vionnet. In the absence of said notice, Vionnet will process the unclaimed Products itself.

8.5 Under the circumstances set out under Clause 7.7, Vionnet will provide a partial refund of the Price taking into account the decrease in value of the returned Products in accordance with the time limit established under Clause 8.1. 

8.6 In the event that the recipient of the Products in relation to which the right to cancellation is being exercised is not the same as the person who paid for the Order, in all cases Vionnet will arrange a partial or whole refund (depending on the circumstances as set out under Clause 8) to the person who made the payment. 

  1. Protection of Personal Data (reference)

9.1 All information concerning the processing of your personal data used to make purchases on the Website is available by accessing our Privacy Policy.

9.2 We suggest that you read our Privacy Policy carefully, since upon submitting an online Order you will declare your full and unconditional acceptance of its contents, which are an integral and substantive part of the General Conditions.

9.3 For further information, please contact our customer service department by email at privacy@vionnet.com., or at our registered office address.

  1. Amendments and Updates

10.1 These General Conditions may be amended or updated by Vionnet. Therefore, please consult the General Conditions periodically by accessing the "Info" area of the Website before proceeding with purchases of Products, since upon submitting an online Order you will declare your full and unconditional acceptance of their contents.

10.2 Each amendment and update to the General Conditions will be considered valid and effective as of the moment it is published on the Website in the "Info" area.

  1. Applicable Law and Dispute Resolution

11.1 The General Conditions are governed by Italian Law, without prejudice to the binding application of different national legislation related to the consumer's domicile or residence.

11.2 Any dispute arising in relation to the validity, interpretation or execution of the General Conditions, shall fall under the jurisdiction of the court in the final end consumer's place of residence or domicile, without prejudice to the jurisdiction of a different court pursuant to legislation.