1.Our Business Policy 1.1 The Vendor offers products for sale on www.chloe.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".
1.2 "Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on www.chloe.com.
1.3 The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.
1.4 These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on www.chloe.com between the users of www.chloe.com and YOOX NET-A-PORTER GROUP S.p.A..
1.5 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on www.chloe.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of www.chloe.com and third parties.
2. How to Execute a Contract with the Vendor 2.1 In order to place an order for the purchase of one or more products on www.chloe.com, you must fill in the online order form and send it electronically to the Vendor, following the relevant instructions.
2.2 The order form contains a summary of these General Terms and Conditions of Sale, information on the main characteristics of each product ordered and the corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs, and the terms and conditions for returning purchased products.
2.3 An order shall be deemed submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.5 The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Order in the Client Relations area.
2.6 Before submitting the order form, you will be asked to identify and correct possible input errors.
2.7 The submission of orders to the Vendor must be in English.
2.8 The agreement will only be concluded once the Vendor accepts the offer by the customer contained in the order by mailing the products to the customer.
2.9 If the products displayed on www.chloe.com are no longer available at the time of your last access or once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within seven (7) days from the day after the Vendor received your order. If the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.
2.10 By submitting an order form to the Vendor, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with the Vendor. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.chloe.com.
2.12 Upon submission of an order form, the Vendor shall send you a purchase order receipt email, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
3. Guarantees and Product Price Indication 3.1 On www.chloe.com, we only offer products marked with the "Chloé" trademark. These products are purchased by us directly from the fashion house and/or the manufacturer authorised by the fashion house.
3.2 The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3 The main characteristics of products are shown on www.chloe.com on each product page. The products offered for sale on www.chloe.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
3.4 Prices are subject to change. Check the final price of sale before sending the relevant order form.
3.5 Purchase orders from Countries not included among those displayed on the splash page cannot be accepted by the Vendor.
3.6 All Products come with an identification tag attached with a disposable seal. Do not remove the tag or seal from the purchased products should you wish to return the purchased product.
3.7 Should you decide to exercise your right to return purchased products, the Vendor has the right to not accept returned products that are returned without the corresponding tag or seal or that have been altered from their original status or damaged.
3.8 All products sold by the Vendor are covered by a twenty-four (24) month guarantee for lack of conformity, as provided by the applicable law. You shall inform the Vendor of the existence of any such lack of conformity within a period of two (2) months from the day when you detected the lack of conformity. Please contact our Customer Care. In case of lack of conformity, you may choose between the repair or replacement of the product. If these remedies are impossible or disproportionate you are entitled to either require the Vendor to make an appropriate reduction in the price or to terminate the contract.
4.Payments 4.1 Payment of the product prices and relevant shipping costs must be made by using one of the procedures indicated on the order form.
4.2 In the 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 Vendor 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. The price for the purchase of products and the relevant shipping costs, as indicated in the order form, will be charged to your current account when the purchased products are actually shipped.
5.Shipping and Delivery of the Products For specific product shipping and delivery procedures, please visit the Client Relations area. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
6. Client Relations Please contact our Client Relations for further information.
7.Right of cancellation 7.1 You are entitled to withdraw from the contractual statement in writing (e.g. letter, fax, email) within 14 days without stating any reasons or – if the item is placed at your disposal prior to the expiry of this period – by the returning of the goods. The period shall commence upon receiving this notification in text form, however, not prior to the receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not prior to the first partial delivery), and also not before the fulfilment of our information duties pursuant to Article 246 section 2 EGBGB in conjunction with section 1 subsection 1 and 2 EGBGB as well as of our duties pursuant to section 312g subsection 1 clause 1 BGB in conjunction with Article 246 section 3 EGBGB. The timely dispatch of the withdrawal or of the item is sufficient for observation of the withdrawal. The withdrawal shall be addressed to:
YOOX Group Interporto di Bologna – blocco 9.5 40010 Bentivoglio (BO) Italy
Consequences of withdrawal In the case of an effective withdrawal, the services received by both parties from each other and any benefits gained from the use of that obtained (e.g. interest) must be returned. If you are unable to return or surrender that obtained and the benefits of the use made (e.g. any advantage from the enjoyment of such benefits) either in full or in part or only in a deteriorated condition, you may be liable to pay compensation. For the deterioration you only need to pay compensation as far as the deterioration is due to the dealing with the good which is more than an inspection of the characteristics and functions of said good. “Inspection of the characteristics and functions” means the testing and trying of the respective goods as it would be possible and customary in a retail store. Items capable of being shipped as a package shall be returned at our risk. You will have to bear the regular costs of return if the goods delivered correspond to the goods ordered and if the price of the item returned does not exceed the amount of EUR 40, in the case of a higher price of the item if you have not rendered the counter performance or any contractually agreed instalment at the time of the withdrawal. In all other cases the return shall be free of charge for you. Items unable of being shipped as a package will be picked up. Obligations to reimburse payments have to be fulfilled within 14 days. The deadline shall commence for you with dispatch of the withdrawal or of the item, and for us with its receipt.
7.2 We invite you to fill in and forward the Return Form* provided for on the website of www.chloe.com. Usually, this is the quicker way for processing of withdrawals.
www.chloe.com offers the possibility of free shipping for returning goods by UPS (available under the UPS number). You can return the goods to www.chloe.com with UPS by using the UPS-return label which can be found in the package. If you have not received an UPS-return label, please contact the customer service.
If you do not use the UPS-return label, we ask you to ship the goods by package or registered mail to ensure that the goods are delivered safely and undamaged to www.chloe.com and can be traced back in case of loss.
8. Refund terms and conditions 8.1 Once you have returned the item, the Vendor will make sure the item has been returned in accordance with section 7 of these terms and conditions.
8.2 Irrespective of the payment method, the Vendor will commence the refund process within 14 working days from when it accepts the return, reviews it for compliance with the right of cancellation and accepts the returned item.
8.3 If the recipient of the item listed on the purchase order is not the same as the person who paid for the item, the Vendor will refund the money to the latter.
8.4 The value date of the refund will be the same as the value date of the debit so the person being refunded does not lose bank interest.
9.2 We also ask that you read, if you haven't already done so, our General Terms and Conditions of Use because they contain important information on how we process the personal data of our users and on the security systems we have adopted.
10. Governing Law These General Terms and Conditions of Sale are governed by [Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.]
Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr.
11.Amendments and updates The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on www.chloe.com.