Terms and Conditions of Sale
The products marketed on the www.valentino.com website (hereinafter, the “Website”) are sold and invoiced by Valentino S.p.A. a company having its registered office in Italy, via Turati 16/18, Milan, registered with the Chamber of Commerce Industry Handicraft and Agriculture of Milan Taxpayer Identification Number, VAT and registration number with the Companies’ Registry n. 05412951005 (“Valentino”).
For any information on purchase orders, deliveries and, more in general, purchases, please go to the Customer Care area, where you will find more detailed information. For further assistance contact Valentino Customer Care.
GENERAL CONDITIONS OF SALE
1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
1.1 Valentino offers for sale on www.valentino.com the products to end consumers, namely, to natural persons being at least 18 years old acting for personal purposes i.e. non-professional purposes (“Customer”). Valentino reserves therefore the right not to process orders placed by persons other than the Customer or, in any case, orders that are not consistent with these Terms and Conditions. Where Valentino does so, it will use reasonable efforts to notify the Customer as soon as possible of such cancellation and the reasons for the cancellation.
1.2 The agreement executed between Valentino (hereinafter also the “Seller”) and the Customer shall be deemed binding upon acceptance of the order, including partial acceptance, by Valentino. If the order is not accepted by Valentino, Valentino shall immediately inform Customer thereof. This agreement concerns a one time delivery of product(s) purchased by the Customer and is in force from the time of purchase until delivery and as long as the Customer’s entitlement to other rights granted hereunder (e.g. return rights) or such other rights granted by applicable laws are valid.
1.3 By placing an order with Valentino, via the order form made available on the Website (hereinafter, the "Order"), the Customer agrees to these Terms and Conditions and shall evidence their acceptance by ticking the relevant box on the order form (hereinafter, the "Conditions").
1.4 These Conditions may be printed or stored on permanent storage devices, in accordance with the applicable legislation currently in force.
2. HOW TO BUY THE PRODUCT
2.1 The products offered for sale by Valentino are only and exclusively those displayed on the Website at the time when the Order is placed, and as described in the relevant product information sheet.
It remains in any case understood that, since the images included in the product information sheet are provided for information purposes only and may not be representative of all of the specifications of the product, colours and sizes may differ on account of the differences in screens and systems used by customers for accessing the Website.
2.2 A Customer can place an Order by completing the online order form made available on the Website and sending it in accordance with the instructions provided on the Website. Prior to placing an Order, the Customer should carefully review these Conditions, the product specifications, the relevant price (inclusive of all applicable taxes and charges), shipping costs (including the ancillary costs that may be incurred in case a shipping and delivery method quicker and/or different from the standard one is chosen). Once an Order has been placed, the Customer shall receive the invoice for the purchased product no later than on the date of delivery of the purchased product.
2.3 Valentino will confirm that the Order has been properly received by sending an email message to the address notified by Customer. The email will contain these General Conditions of Sale and therefore, all of the information that is already contained in the summary of commercial and contractual conditions viewed prior to making the purchase (the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs) to enable him/her double check such information and, if necessary, immediately report incorrect data, if any.
2.4 Valentino may not process an Order when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that Valentino has not carried out your Order specifying the reasons thereof. If the products displayed on the Website are no longer available at the time that the Seller has received your Order form, the Seller will use reasonable endeavors to notify you of this and the cancellation of your Order as soon as possible from the day after your Order is received. If the Order form has been sent and the price has been paid for items that are no longer available, the Seller will refund, without undue delay, the amount paid for those items and the contract between the parties will consider to have been as not executed.
3. PRICE AND TERMS OF PAYMENT
3.1 The prices indicated on the Website are inclusive of applicable taxes. Customer shall be informed in advance of shipping costs or fees, if any, through the Website.
3.2 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form, such as Credit or Debit Card, PayPal or other specific payment procedures as indicated within the Site on a case by case basis. Customers should ensure that they are familiar with the terms and conditions of any third party payment site such as PayPal. Under no circumstance will costs that are higher than those effectively incurred by the Seller be charged, in relation to your chosen payment method.
3.3 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Banca Sella or such other bank which provides remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Seller except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police.
3.4 Under no circumstances and at no stage of the payment process, will the details of the credit card of Customer be disclosed to Valentino because such details will be directly sent, in a secure manner, to the website of the financial institution in charge of the transaction. Since none of such data will be stored in Valentino’s files, to the extent permitted by applicable laws Valentino will not be liable for fraudulent and unlawful uses, if any, made by third parties of the Customer’s credit card during the payment procedure.
The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped. In case of cash payment, the price will be paid at the delivery. In case of pre-orders, please see the specific procedure at linking here. A pre-order is the reservation of an advertised item that is not yet available for sale, but will be soon. An estimated delivery date is indicated for each pre-order item on that product page. Where a Customer places a “mixed order” consisting of currently available and pre-order items the products will be dispatched at two different times, but the Customer will be charged only once for the total shipping fees. Where a Customer places an Order consisting of multiple pre-order items with different delivery dates: the products will be shipped together on the latest estimated delivery date. In any case, Customer will receive a confirmation email as soon as the package(s) will be shipped. The purchase of pre-order items can only be made with a Credit Card. Once the Customer completes his/her order, the Seller will ask the Customer’s bank to verify the supplied details; subject to the specific terms and policies of the processing Bank the validity credit card could be confirmed through a payment authorization of a nominal sum, e.g. AU$ 1.00. This authorization is not a charge: Valentino will charge only once the package is being shipped.
4. DELIVERY OF THE PRODUCTS AND RELEVANT EXPENSES
4.1 VALENTINO, its suppliers and service providers –on behalf of the Customer - shall deliver the products purchased by Customer at the address indicated by the latter in the Order, at the cost specifically indicated in the Website before the Order is confirmed. For specific information on the shipping options, please see here.
4.2 For reasons not directly attributable to Valentino, the delivery times could be slightly different to what indicated on the Order. Valentino will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date. To receive the delivery of the products, the Customer shall sign the relevant receipt provided to him, having checked that:
- the number of items delivered corresponds to the number indicated in the bill of parcels.
- the packaging is intact, not damaged or wet, and, in any case, unaltered, including the sealing material (sell tape or metal strapping seals).
4.3 Any damage detected in the packaging and/or the product, and any discrepancy found in the number of items or in the indications contained in the bill of parcels, shall be immediately reported in the bill of parcel to be returned to the courier.
4.4 Any problem concerning the integrity of the products received, their number and completeness should be reported within 7 days from the relevant delivery, in order to allow VALENTINO to proceed with the necessary verifications. Please note that such communication timeframe does not affect Customer’s statutory warranty rights.
4.5 All products come with an identification tag attached with a disposable seal. Customer should not remove the tag or seal from the purchased products should he/she wish to return the same in order to facilitate the return.
5. PICK UP IN BOUTIQUE SERVICE
5.1 Customer may decide to personally collect the products, rather than having them dispatched to him/her, directly at one of the VALENTINO boutiques that have adhered to the “Pick up in boutique” service (if available).
5.2 A complete list of such retail stores can be found on the Website. In that case, Customer will receive an email informing him/her that the product has arrived at the retail store and is ready for collection within 15 (fifteen) days from the date on which the email was received (For all information relative to this service please read the "Pick up in boutique" in the "Boutique services" area of the customer care page).
5.3 Since no payment can be made at the boutique, cash on delivery is not applicable to products purchased according to such procedure. In the event a Customer fails to collect the purchased goods within the 15 days “pick up in boutique” period provided for in clause 5.2, the Order will be cancelled and the Customer will receive a full refund for the purchase price.
6.1 To return a product, a Customer can use the relevant form.
6.2 Carriage of the returned products to Valentino is the Customer’s responsibility, however the Customer may be entitled to reasonable postage or transportation costs where Valentino confirms that there is a problem with the returned product. Once Valentino receives the returned Products, in compliance with these Terms and Conditions, where there is a major defect the Customer will be entitled to elect that Valentino:
- refund the Customer the amount initially charged for the purchase of that product; or
- provide the Customer with a replacement of the product(s) purchased (subject to product availability).
6.3 Unless otherwise agreed by the parties, the amount initially charged to Customer will be reimbursed using the same means of payment used by Customer in the initial transaction. In case of cash on delivery payment, the amount initially paid will be refunded using the same method used by the payment. In any case, no amount shall be charged to Customer in relation to the refund.
6.4 Once the products are received, Valentino will check them in order to verify that they are consistent with the Terms and Conditions. Should the product(s) only suffer from a minor defect, the right to elect a remedy under clause 6.3 above does not apply, and the Customer may, to the extent permitted by applicable laws, be entitled to repair of the product(s).
7.1 All products sold by Valentino are covered by applicable statutory warranties and guarantees
7.2 Nothing in these terms excludes, restricts, or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded, restricted or modified. This may include the Australian Consumer Law (which contains guarantees that protect purchasers of goods and services in certain circumstances).
7.3 If any guarantee, term, condition or warranty is implied or imposed in relation to this agreement (a Non-Excludable Provision) and Valentino is able to limit your remedy for a breach of such a Non-Excludable Provision, then Valentino’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at its sole option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring the equivalent goods, or the payment of the cost of having the goods replaced; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
8. CLAIMS AND QUERIES
8.1 Any claim or query can be sent to Valentino at the following addresses: via Turati 16/18, 20122 Milan, Italy, or writing to the Customer Care.
10. APPLICABLE LAW
10.1 The sale agreement under these Conditions and its performance are governed by the laws of New South Wales, Australia. However, the protection afforded to the Customer by provisions that cannot be derogated from by agreement by virtue of the law applicable at the place where the Customer is domiciled remain unaffected.
10.2 Any dispute that may arise out of or in relation to the agreement shall be submitted to the competent court of the place where Customer resides or, if chosen by the Customer, in the courts of the State in which the counterparty is domiciled. Provided that the dispute fulfils the requirement thereof (such as requirements pertaining to time and value).