TERMS & CONDITIONS
Versace USA, Inc., a company organized and existing under the laws of the United States with its registered office at 3 Columbus Circle, New York, NY 10019 (hereinafter “Versace”, “we” or “us”), offers products from Versace and Versus Versace collections (hereinafter “Product(s)”) for sale directly to its customers through the site us.versace.com (hereinafter, the “Site”). The sale of Products on the Site is subject to these Terms and Conditions of Sale (hereinafter “Terms of Sale”).
2.1. The Products displayed on the Site are offered for sale to consumers only (hereinafter “You”). The purchase of the Products on the Site is permitted only to individuals who are 18 years of age or over. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.
2.3. By submitting a purchase order, You hereby accept and undertake to observe, in the performance of the contract with Versace, these Terms of Sale. If You do not agree with any of the terms set out in the Terms of Sale, You may not submit the purchase order for the purchase of the Products on the Site.
3.1. For each Product offered for sale on the Site, a picture of such Product will be displayed on the Site, together with the unitary price, and the colors and sizes available. Pictures of Products are provided purely to illustrate the Product. Versace will not be responsible for any inadequate graphical representation of the Products offered for sale on the Site.
3.3. It is possible to correct errors in the information entered during the purchase process up to the submission of the order by following the specific Amendment Procedure indicated on the Site. Once the order is submitted You will not be able to amend or cancel it.
3.4. After the submission of the order, Versace will send You an email to the address You entered during the purchase procedure to confirm that Versace has received the order and is processing it (the “ Order Confirmation”). Consumers will be able to access their orders at any time through the “My Account” section on the Site or by contacting Customer Service by e-mail at firstname.lastname@example.org or calling +1 888 721 7219. Please note that order confirmation email does not constitute acceptance by Versace of Your order. The order will be accepted by Versace and Your credit card will be charged only after the Product(s) You ordered is dispatched. At this point, Versace will send You an email that confirms that Your order has been accepted and the Product(s) has been shipped (the “Shipping Confirmation”). A paper invoice will be included with the Product.
3.5. Versace reserves the right to refuse orders made by any person it considers, in its sole discretion, as not having the requirements to place a purchase order or with whom a legal dispute regarding a previous order is on-going or for any other legitimate reason, without any need to provide the reasons for the same. Versace reserves the right to refuse and not to process orders which, in its sole discretion, appear to be sent by dealers and/or distributors.
4.1. Versace invites You to check the availability of Products offered for sale on the Site at the time of purchase. Products sold by Versace on the Site may be subject to stock limits, and Versace does not guarantee that they will always be available.
4.2. In the event of temporary unavailability of the Products You ordered, Versace will inform You within 5 business days (and in any case, within the delivery time limit as specified under section 6.2 below) by sending You an e-mail or by calling You if You have provided Your telephone number during the purchase process registration. If the Product/s is/are not available, no amount will be charged to Your credit card. If the purchase amount has already been charged, a refund will be issued within 30 days.
5.1. Prices of the Products available for sale on the Site are in US dollars and Your purchases on the Site will be made in US dollars.
5.2. While we will make reasonable efforts to provide accurate and timely pricing information, errors may occur. If an error in the price of the Products You ordered is identified after Versace sent You the Acknowledgement Receipt but before the Order Confirmation, Versace will contact You and ask You if you want to re-confirm the order at the correct price or to cancel it. If Versace is not able to contact You, it will cancel the order and send You an email confirming the cancellation. Errors in prices identified after Versace has sent You the Confirmation Order will not affect Your purchase.
5.3. All prices of the Products do not include applicable sales tax or shipping costs, which will be charged separately. Sales tax and shipping costs depend on the shipping destination and the type of delivery You choose during the purchase procedure. Shipping costs, as well as any other applicable taxes, will be itemized on the order check-out page, in the Acknowledement Receipt/Order Confirmation as well as in the e-mailed invoice.
5.4. Versace only accepts payment by the following credit cards: Visa, MasterCard, and American Express.
5.5. The purchased Products will only be shipped after Your credit card data has been verified and Versace has received the charging authorization from Your bank. The charge will in any case be made only after dispatch of the Products ordered.
5.6. All Products are supplied with an identifying card setting out an identification number forming an integral part of the Product concerned. Do not remove the card and related identification number from the purchased Products until You have verified that the Products conform to the Products You ordered or until You decide not to exercise Your right of return under Section 9 below.
6.1. The Products will be dispatched to the address provided during the purchase process. For security reasons, VERSACE will not ship any order to a P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.
6.2. All purchases will be delivered by Versace's selected courier service (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays, after the Order Confirmation is sent to You, on the basis of the indicated availability. Products will be delivered within 10 business days from the Order Confirmation. In any case, VERSACE will not be responsible for delays that are unforeseeable and/or attributable to the Courier.
6.3. In the event You do not receive the Products within 10 business days following receipt of the Order Confirmation, we invite You to contact Versace at email@example.com . Versace reserves the right not to respond to any such inquiries sent after 30 days from receipt by You of the Order Confirmation.
7.2 We will make reasonable efforts to display accurate and timely information about Products on the Site. However there may occasionally be typographical errors, incorrect statements or omissions regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned (hereinafter “Errors”). Versace reserves the right, at any time and without notice to You, to correct such Errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment. In the event that Your credit card is charged for a cancelled order, You will be promptly informed by Versace at the email address provided during the purchase process registration and a refund will be issued to Your credit card within 30 days. SALE AND THE WEBSITE
7.3. All changes and/or corrections mentioned above will apply only to purchase orders submitted subsequent to the date of the change or correction made by Versace. Unless Versace decides, in its sole discretion, to cancel an order or You accept to re-confirm the order pursuant to section 5.2 above, You will only be charged the prices appearing on the Order Confirmation after an Order Confirmation is sent.
8.1. Products must be checked by You at the time of delivery to You to ensure that they correspond to the Products You ordered.
8.2. Any anomalies identified at the time of delivery, including, without limitation, any tampering or damage to the packaging, damage to the Products, missing items, non-conformity to the Products ordered, defective Products, etc. (hereinafter “Defects”), can be indicated by You directly to the Courier by inserting a written and signed comment on the Delivery Note. In such circumstance You will not be required to accept the Products and may return them directly to the Courier.
8.3.In the event that any Defects are identified after delivery, then You may return the Product to Versace following the procedure described under Section 9 below.
9.1. You are entitled to return products purchased through the Site for any reason, within 30 days from the date of receipt of the Products purchased on the Site, by following the procedure described under section 9.5 below. Products purchased online cannot be returned for a refund to Versace stores.
9.2. A refund will be issued to the purchaser of the Product, provided that Products are returned unused, unwashed and in the same condition in which they were delivered, with all original labels attached including the anti-counterfeiting label, and complete with all parts and accessories using their original packaging. In case the right of return is exercised for all the Products included in the same purchase order, all Products must be returned to us contemporaneously with the same shipment.
9.3. Versace reserves the right to inspect the Products returned and to refuse the return of those Products which do not comply with the requirements specified under section 9.2 above.
9.4. A full refund, excluding the original shipping costs, will be issued to the same means of payment used for the purchase, provided that the conditions described under section 9.2 above have been met. In case of return of Products purchased as a gift (i.e., Products shipped to a recipient different from the person who made the payment), the refund will be issued to the person who made the payment.
9.5. To return the Products to Versace, follow the procedure described below:
(i) Check the presence of the label and commercial documents accompanying the Products within the package;
(ii) Contact the Courier on the receipt and arrange a date and time for collection directly with the Courier; and
(iii) Obtain from the Courier a copy of the receipt for the collection of the Product duly signed by the Courier, and retain it as evidence of the collection. In this case all the shipping costs, including the costs for returning the Products to Versace will be borne by Versace.
If You elect not to use the Courier used by Versace, Versace recommends that You insure the whole value of the Product being returned, and obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be borne by You and Versace will not be liable for refunding the price of Products which have not been received by Versace as a consequence of loss, theft or damage not attributable to Versace.
Return the Products to the following address:
Versace Returns Department
I5385 E. Provident Drive
Cincinnati, OH 45245
10.1 Versace makes no express representations or warranties of any kind regarding the products, the accuracy or completeness of information on this site or the condition, features or availability of products described or offered for sale on this site. Versace disclaims all implied warranties and representations of any kind regarding the products, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and no infringement. Any purchase is “as is” and “as available” and at your own risk. your sole and exclusive remedy for any dissatisfaction, defects, errors or problems regarding any products that you purchase or attempt to purchase via the site shall be as expressly set forth in our return policy set forth above.
11.1. Products offered for sale on the site are supplied “according to availability”.
11.2. Versace will not be liable for consequential, indirect, incidental, special or punitive damages, including, without limitation, loss of profits, costs of cover, loss of business, or any similar or other damages, even if advised of the possibility of such damages, or for any claim by any third party. to the fullest extent permitted by law, Versace's sole and exclusive liability shall be limited to the amount actually paid by you for the purchase of the products from this site. The aforementioned limitations of liability shall apply to any loss or damages, however caused and regardless of the theory of liability, (whether derived from contract, tort, including, without limitation, strict liability and negligence), or any other legal theory, even if Versace was advised of the possibility of such damages and regardless of whether any of the limited remedies hereunder fail their essential purpose. some states do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
11.3. Nothing in these terms of sale excludes or limits Versace's liability to you for fraud or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law.
13.1. These Terms of Sale and any dispute arising out of or relating to these Terms of Sale, shall be governed by the laws of the State of New York, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. Any dispute arising from or connected with these Terms of Sale and any purchase contract concluded between You and Versace pursuant to these Terms of Sale will be submitted to the exclusive jurisdiction of the competent courts in and for the city of New York, New York, USA.
13.2. If any of the provisions contained in the Terms of Sale is found to be invalid, null and void or inapplicable for any reason, such provision will be deemed to be separable and will not prejudice the validity and applicability of the other provisions.
14.1.You have any complaints or if You need any information or assistance in relation to the Site or the purchase procedure, please contact Versace customer service at firstname.lastname@example.org or call +1 888 721 7219, 24 hours a day, 7 days a week.
15. If Versace should fail to insist upon strict performance of any of Your obligations under these Terms of Sale, or if Versace should fail to exercise any of its rights or remedies to which Versace is entitled pursuant to the Terms of Sale, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
A waiver by Versace of any default shall not constitute a waiver of any subsequent default. No waiver by Versace of any of these Terms of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Last updated November 2012
Wholly owned subsidiary of Gianni Versace SPA
3 COLUMBUS CIRCLE
NEW YORK, NY 10019