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”)
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 purposes outside of their trade, business, craft or profession (“Customer”). VALENTINO reserves therefore the right not to process orders placed by persons other than the "consumer" or, in any case, orders that are not consistent with its business policy.
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 and is therefore in force for the whole duration of the delivery and as long as the Customer’s other rights granted hereunder (e.g. return rights) are valid.
1.3 By placing an order in accordance with the envisaged modalities, and with the order form made available on the Website (hereinafter, the "Order"), Customer shall read all of the indications given during the purchase procedure and shall accept by ticking the relevant box, in full, these general conditions (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 PRODUCTS
2.1 The products offered for sale by VALENTINO are only and exclusively the ones displayed on the Website when the Order is placed, 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 Customer can place an Order by duly filling-in the order form made available on the Website and send it in accordance with the indications provided in the Website, after having carefully reviewed 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). 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 the summary document on the Right of Withdrawal 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 of your last access and once the Seller has received your Order form, the same shall inform you of the unavailability of the ordered products as soon as possible from the day after VALENTINO has received your Order. 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 taxes and VAT, when applicable. 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. Under no circumstance will costs that are higher than those effectively incurred by the Seller be charged, in relation to your previously selected 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 other banks which provide 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, 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. A pre-order is the reservation of an item that is not yet available for sale, but will be soon. An estimated delivery date is indicated for each pre-order item within the product page. Mixed order consisting of currently available and pre-order items: the products will be dispatched at two different times, but you will be charged only once for the shipping fees Order consisting of 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 will be shipped. The purchase of pre-order items can be made with Credit Card only. Once the Customer completes his/her order, the Seller will ask the Customer for his/her bank to verify the supplied details; the validity credit card could be confirmed through a payment authorization of 1€ (1 CHF for Swiss orders). 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 Customer is entitled to withdraw from the purchase agreement for any reason, without penalty and without the need to give any explanation, within 14 (fourteen) days from the date of delivery of the products. In the case of sales contracts for multiple goods that are ordered by the consumer in one order and delivered separately, the cancellation period expires after 14 days from the day on which the Customer acquires physical possession of the last of the goods.
6.2 Customer may exercise the right of withdrawal set forth in art. 6.1 above, (i) by filling in the specific form to be given back , (ii) by filling in the form attached in Appendix 1, or (iii) by an unequivocal written communication to the address indicated in the return form included in the package of the delivered products (each one hereinafter the “Return Form”).VALENTINO will confirm that the Return Form has been properly received by sending an email message to the address notified by the Customer.
Alternatively, Customer may make an unequivocal statement informing VALENTINO of his / her decision to cancel the contract.
6.3 In the event of withdrawal, Customer shall dispatch the goods back to VALENTINO within 14 (fourteen) days from the date on which the above notice was submitted, following, at his/her discretion, one of the following modalities:
- Redelivery in person to the address expressly referred to in the Return Form (the Customer will give back the product/s along with the Return Form and one identity document), at Customer’s cost.
- Send of the product/s to be given back to the address expressly referred to in the Return Form by means of the courier chosen by the Customer (in such event, the costs for the redelivery will be on the Customer's exclusive account) and at Customer’s cost;
- Send the product/s to be given back to the address expressly referred to in the Return Form by means of the courier indicated by VALENTINO in the Return Form (UPS). Products may be shipped by using the pre-printed and pre-paid label enclosed in the package in which the products were shipped. Such means of redelivery is on the Seller’s exclusive cost. Please contact UPS (or visit their site: www.ups.com) to organise pick-up;
- If the Customer personally collected the products with the Pick up in Boutique service, the product/s can be also returned to the same Boutique, at Customer’s cost.
6.4 The product must be given back along with the original packaging (including the packaging materials and the documents, if any, accessories, labels, identification tags, seals, etc.) and it is to be carefully stored and used only for the time strictly necessary to verify its nature, specifications and size,and must show no signs of wear or dirt, as indicated below:
- The right of withdrawal may be exercised only with respect to the entire purchased product, partial withdrawals (accessories, complements, etc.) are not permitted;
- the Customer is liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods;
- The transit of the product/s, until the Customer receives confirmation that the product has been properly returned and delivered to VALENTINO, shall be at the Customer's exclusive responsibility for the cases indicated under points 6.3.2 , 6.3.3. and 6.3.4. Therefore, if the product has been damaged during transit, VALENTINO shall inform Customer thereof in order to enable the latter to promptly send the relevant complaint to the courier and claim a refund; the product will be made available to Customer and the withdrawal notice will be cancelled;
- VALENTINO accepts no responsibility for products damaged, stolen or lost while in transit, or, in any case, in relation to their shipping, whenever the shipping back to VALENTINO is processed according to one of the modalities indicated under points 6.3.2, 6.3.3 and 6.3.4.
- VALENTINO reserves the right to reject the return of products that appear to have been damaged, deteriorated, stained or that appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by the Customer strictly necessary to ascertain the nature and features of the product purchased.
6.5 VALENTINO shall refund to the Customer the whole amount (including shipping costs and, with the exception set out in points 6.3.2, 6.3.3 and 6.3.4 the shipping return costs) already paid by the latter, within 14 (fourteen) days from the date of the withdrawal. VALENTINO may withhold the refund until the returned product is properly received by VALENTINO or until Customer demonstrates that the product has been correctly returned, whichever is earlier.
6.6 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 by a bank transfer on the bank details indicated by the Customer on the Return Form. In any case, no amount shall be charged to Customer in relation to the refund. VALENTINO shall not be under the obligation to refund the delivery costs of the returned product/s in the event the Customer has selected a delivery method other than the standard delivery offered by VALENTINO under point 6.3.1.
6.7 Once the products are received, VALENTINO will check them in order to verify that they are consistent with the terms and conditions set forth in this clause and, should the results of such verification be negative, it shall inform Customer by email that the value of the returned products is reduced due to Customer’s failure to comply with the conditions mentioned above. By the same email, VALENTINO shall also notify the amount that it will deduct from the amount to be refunded, unless Customer elects to have, at its own expense, the products sent back to him/her in the same conditions in which they were returned to VALENTINO.
6.8 In the event that the right of withdrawal is forfeited, VALENTINO shall send back to Customer the purchased product, charging the latter with the relevant shipping costs and, if already refunded, the price of the product.
6.9 For more information on the products return policy (including the refund) and exchange service, please see here.
7.1 All products sold by VALENTINO are covered by a 24 (twenty-four) month warranty for lack of conformity, as provided by the European Consumers’ Directive.
7.2 VALENTINO shall be liable to the Customer for any lack of conformity that exists at the time the product is delivered and that becomes apparent within 2 (two) years of the delivery. At the time of delivery, the Customer is required to check the product in order to ascertain that it conforms with the product ordered and that it does not show any defects. The Customer shall inform VALENTINO of the existence of any such lack of conformity within a period of 2 (two) months from the day when the Customer detected the lack of conformity.
7.3 Any action by the Customer for lack of conformity shall be brought within a period of 1 (one) year from the day the lack of conformity was detected, although that period cannot expire before the end of the above mentioned 2 (two) years period.
7.4 Unless proved otherwise, any lack of conformity which becomes apparent within 6 (six) months of delivery of the product shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
7,5 Where the Customer brings action on the basis of a statutory warranty of conformity, the Customer may choose between the repair or replacement of the product, in either case free of charge, unless this is impossible or disproportionate. Alternatively, if the Customer is entitled to neither repair nor replacement, or if VALENTINO has not made the repair or replacement within a reasonable time or without significant inconvenience to the Customer, and unless the lack of conformity is minor, the Customer shall be entitled either to require VALENTINO to make an appropriate reduction in the price or to rescind the contract. Any such refund made to the Customer shall be reduced to take account of the use that the Customer has had of the product since its delivery.
7.6 To benefit from the guarantee, Customer must be able to show when the product was purchased..
7.7 The warranty for lack of conformity will be applicable only if the product has been used correctly, in compliance with its intended purpose and in accordance with the use and washing instructions contained in and/or furnished with the product.
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 Italian Law, without giving effect to the conflicts of law provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. 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.
11. AMENDMENTS AND UPDATES
11.1 The General Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Conditions of Sale shall be effective as of the date of publication on the Site. VALENTINO recommends that each Customer print and store a copy of each applicable version of these Conditions. In any case any purchase will be ruled by the General Conditions of Sale currently in force and accepted by the Customer at the time of the Order.