TERMS AND CONDITIONS
GIANNI VERSACE S.r.l. (hereinafter “VERSACE”) offers products from Versace and Versus Versace collections (hereinafter “Product(s)”) for sale directly to its costumers through this site www.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”). The Products offered for sale on the Site are sold by Gianni Versace S.r.l., a company organized and existing under Italian laws, with registered office at Piazza Luigi Einaudi 4, 20124 Milan, Italy, Tax code and VAT registration No. 04636090963, Economic and Administrative Index No. 1762567.
2.1. The Products displayed on the Site are offered for sale to individuals over the age of 18 (hereinafter “Consumer(s)” or “You”), acting for reasons not related to the commercial activity, craft, entrepreneurial or professional activities that they carry out. The purchase of the Products on the Site is permitted only to individuals who are 18 years of age or over, or those under 18 years old with the consent and supervision of a parent or guardian. VERSACE does not knowingly collect personal information on the Site from or about minors. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.
3.1. For each Product offered for sale on the Site, a picture of the Product concerned will be displayed on the Site, together with the unitary price, the colours and sizes available. The images are used only as an example of the Product; VERSACE cannot, therefore, be held responsible for any graphic misrepresentation of the Product on the Site.
3.2. To purchase a Product, You shall select the Product(s) of interest, colour and size. The Product(s) selected for purchase will be added to Your shopping cart. It will not be possible to save the shopping cart to proceed to the purchase on a later stage. If the purchase procedure is not completed, all items included in Your current shopping cart will be deleted and You will need to start a new purchase procedure. The sales procedure will be considered concluded only when You submit the purchase order to VERSACE by clicking the "Purchase" button at the end of the check-out page.
Regarding those products for which personalization is possible, in order to proceed with the customization You have to submit an alphanumeric combination which will be applied by us to the selected product. By submitting such combination, you expressly guarantee us that:
- it does not contain expressions that may be obscene, offensive, discriminatory or contrary to public order; and
- it does not infringe any applicable law as well as any third party’s right or entitlement;
In our sole discretion, we reserve the right not to accept a proposed combination, e.g. if it may be offensive or contain third party’s trademarks or copyrights, although we have no obligation to check the submitted combination.
Please consider that right of withdrawal does not apply in case of customized products.
3.4. By submitting a purchase order You hereby accept and undertake to observe, in the performance of the contract with VERSACE, these Terms of Sale. In order to submit the purchase Order Form for Products on the Site, You must accept these Terms of Sale.
3.5. It is possible to correct possible errors in the information entered during the purchase process until the submission of the order by following the specific Amendment Procedure indicated on the Site. By submitting the Order Form, You acknowledge that you have read all the information given to you during the purchase procedure and that you fully accept the General Terms and Conditions, as these will be binding once the purchase has been finalised.
3.7. Versace reserves the right to refuse orders made by Consumers if it considers, in its sole discretion, 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 limit or not to execute orders which, at its sole discretion, appear carried out for commercial and/or professional purposes.
4.1. VERSACE does not guarantee the availability of the items offered on the Site, as they are subject to stock limits. VERSACE invites You to check the availability of items offered on the Site at the time of purchase.
4.2. In the event of temporary unavailability of the Products You ordered, VERSACE will inform You within 5 working days (and in any case, within the delivery time limit as specified below) by e-mail or phone call. If the Product/s is/are not available, no amount will be deducted from the payment method used during the purchase. If the purchase amount has already been charged, a refund will be issued within 30 days.
5.1. The order procedure is complete when the "purchase" option is available to select. Once the Order Form has been submitted, the order will be sent to VERSACE for processing and cannot be amended or cancelled.
6.1. Prices of the Products available for sale on the Site are in Euro. While we will make all the possible efforts to ensure that all prices displayed on the Site are accurate and up-to-date, we may not exclude that 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.
6.2. The amount that appears at the end of the purchase procedure, before the order is confirmed, also includes shipping costs.
6.3. The following payment methods are available: Credit card, PayPal. VERSACE accepts the following Credit Cards: MasterCard, Visa and American Express.
6.4. The purchased Products will only be sent after Your credit card details have been verified and only after having received the charging authorisation from Your bank. You will only be charged once the Products ordered have been delivered. VERSACE also reserves the right to check Your credit card and or PayPal account data after the purchase if any anomalies arise in relation to the transaction or there are grounds to suspect fraudulent and/or unauthorised use of said payment method.
6.5. All Products come with an identification tag that contains an identification number, which constitutes an integral part of the Product itself; VERSACE recommends that you do not remove the tag 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 withdrawal under article 10 below.
7.1 The Products will be dispatched to the address provided when the Order Form was completed. 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.
7.2 Shipping costs shall be borne by You and will be itemized on the Order Form and related invoice.
7.3. All purchases will be delivered by a selected courier service (e.g. UPS Express) (hereinafter, “Courier”) between Monday and Friday, excluding Saturdays, Sundays and local or national holidays, from the day after the Order Confirmation is sent to You, and in any event within 10 (ten) working days of the Order Confirmation, on the basis of the indicated availability. In any case, VERSACE will not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
7.4. In the event of problems or if You do not receive the Products within 10 (ten) working days of receipt of the Order Confirmation, please contact VERSACE using the email address indicated in the “Contact” section of the Site. VERSACE reserves the right not to respond to complaints sent after 30 (thirty) days from receipt by You of the Order Confirmation.
8.2. However, there may occasionally be typographical errors, incorrect statements or omissions (hereinafter “Errors”) regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned. 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, even after sending an order and even if the Order Form was confirmed and the amount charged to the payment method used during purchase. In such circumstances, the amount charged to the payment method used at the time of purchase will be refunded to You.
8.3. All changes and/or corrections mentioned above will apply only to purchase orders submitted subsequently to the date of the change or correction effected by VERSACE. In particular, You will be charged the amounts that appear on the Site at the time of Order Confirmation, provided that the Products ordered are available at that time.
9.1. Products must be checked by You at the time of delivery to You to ensure that they correspond to the Products You ordered.
9.2. Any anomalies identified at the time of delivery (including without limitation any tampering or damage to the packaging, damage to the Products, items missing with respect to the Transport Document, non-conformity to the Products ordered, defective Products, etc.) may be indicated by the Consumer directly to the carrier, entering a comment handwritten and signed in the delivery note. In such circumstance the Consumer will not be required to accept the Products and may return them directly to the Courier.
9.3. In the event of any anomalies (for example tampering or damage to the packaging, damaged Products, missing items that appear on the delivery note, goods that do not correspond to those ordered etc.) detected after delivery, You must contact the Courier in good time on the telephone number indicated in the “Contact” section of the Site. The Courier will send the package including the Products ordered to VERSACE, following the procedure outlined in article 11 below.
10.1 Consumers are entitled to withdraw from the purchase contract concluded with VERSACE through the Site without the payment of any penalty and without any reasons, within 14 (fourteen) working days from the date of receipt of the Products purchased on the Site. Right of withdrawal is expressly excluded for customized products, as they embody alphanumeric combination(s) personally developed and submitted by You.When exercising the right of withdrawal Consumers are not allowed to change the purchased Product with another Product.
10.2 In order to exercise the Right of Withdrawal, Consumers are required to send the filled in Return form to the email address mentioned in the "Contacts" section of the Site.
10.3 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 anticounterfaiting label , and complete with all parts and accessories. 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. The Products must be returned using their original packaging.
10.4 VERSACE reserves the right to reject the return of any Products that do not meet the requirements specified in article 10.3.
10.5 Refunds will be issued to the same payment method used at the time of purchase. Products purchased online cannot be returned for a refund to VERSACE stores.
10.6 The amounts paid at the time of purchase will be refunded as soon as possible and in any case within 30 (thirty) days of the date on which VERSACE first became aware of the exercise of the right of withdrawal by the Consumer, activating the refund procedure, and provided that the conditions described in article 10.3 above have been met.
10.7 If the recipient of the Products indicated in the Order Form is not the person who made payment for the amounts owed for the purchase of the Products, the refund will be issued by VERSACE to the person who made the payment.
10.8 To return the Products, Consumers shall follow the procedure described below:
1. Check the presence of the label and commercial documents accompanying the Products within the package.
2. Contact the Courier number present on the receipt and agree date and time for collection directly with the Courier, on the understanding that the withdrawal must take place at an address located in the same Country of the shipping address.
3. Require to the Courier a copy of the receipt for the collection of the Product duly signed by the Courier, and keep it as evidence of the collection. It is very important to keep the receipt in order to have the right to request a return or replacement. Shipping costs for the return shall be borne by VERSACE.
If the Consumer chooses not to use the Courier selected by VERSACE, Versace recommends that Consumers insure the whole value of the Products being returned, obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be born by the Consumer and VERSACE will not be liable for refunding the price of Products sent by the Consumer which have not been received by VERSACE as a consequence of loss, theft or damage not attributable to VERSACE. Shipping costs for the return shall be borne by the Consumer.
11.1. If the Product delivered is different from the Product ordered, the Consumer has the right to request that the delivery comply with the order, or if the Products ordered are not available, to cancel the order. If the order is cancelled, the Consumer's payment method used at the time of purchase shall not be charged for the goods returned. If the purchase amount has already been charged to the payment method used at the time of purchase, the purchase amount will be refunded within 30 days.
11.2. Cancellation of the order and return and refund requests relating to any Product purchased on the Site must always be carried out as follows:
(a) within the term specified in article 13.2, Consumers will be required to inform VERSACE of any possible returns of goods by sending an email to the address indicated in the “Contact” section of the Site, as requested at the end of the returns procedure.
11.3. If the Consumer uses the couriers indicated by VERSACE to return the Products, shipping will be free of charge. If Consumers use a courier of their choice, they will be responsible for the return and VERSACE will not be liable for any loss of the Product, incorrect shipping or addressing or delayed delivery, and the Consumer will assume all risks associated with shipping. In this case, Products shall be returned by recorded delivery to the following address
Versace Online Store Returns
Via Libertà 223
11.4. VERSACE will issue a refund for the price of the Product, provided that it is returned unused, unwashed and in the same condition in which it was delivered, with all original labels attached and complete with all parts and accessories. 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. The Products must be returned in their original state and packaging.
11.5. VERSACE will check that the returned Products are in their original state and packaging, as indicated in article 11.4. If all the aforementioned conditions are met, VERSACE will refund the full amount of the order as soon as possible and in any case within 30 days of receipt of the return form. The Consumer must sign the receipt for the collection of the Product from the Courier, and keep it safe. It is very important to keep the receipt to retain the right to request replacement. In this case all the shipping costs, including the costs for returning the Products to Versace will be borne by Versace.
11.6. It is not possible to request a replacement or refund through the Site for VERSACE products purchased at VERSACE stores or other sales outlets for products bearing the VERSACE brand and vice versa (that is, it is not possible to obtain refunds at Versace shops or boutiques for Products purchased on the Site).
12.1 Products offered for sale on the Site are supplied “according to availability”. VERSACE does not provide any guarantee, whether express or implied, which goes beyond the description of the Products included in the Order Form. In particular, does not provide any guarantee, whether express or implied, (i) relating to the operation or content of the Site, (ii) relating to the absence of viruses on the Site and the servers that host it, or in emails, or (iii) that the data collected on the Site is immune from access by hackers or other unauthorised users.
VERSACE expressly rejects any obligation to update or review the material contained on the Site. The Consumer assumes full responsibility for any risks associated with use of the Site.
13.1. VERSACE is liable for any faults with VERSACE brand Products offered on the Site, including the non-conformity of Products ordered with the provisions of Italian law and the Italian Consumer Code (Legislative Decree No. 206 of 6 September 2005 and subsequent modifications, in accordance with the corresponding EC Directives, particularly the principles and procedures included in European Directive 1999/44/EC).
13.2. The Product warranty provided by VERSACE is valid provided that both the following conditions are met:
a) The fault appears within twenty-four (24) months of the delivery date of the Products;
b) The Consumer submits a formal claim relating to the faults within a maximum of two (2) months of the date on which the fault was detected.
In particular, in accordance with article 130 of the Consumer Code, in the event of non-conformity, the Consumer shall have the right to obtain, without charge, the repair or replacement of the non-compliant Product, or to obtain an appropriate price reduction, or the dissolution of the contract relating to the disputed Products.
13.3. Any claims must be made by email to the address indicated in the “Contact” section of the Site.
13.4 The costs for returning faulty Products shall be borne by VERSACE.
13.5 In no circumstances Versace will be liable for any damage of any kind, including by way of non-exhaustive example, direct, indirect, incidental or consequential damage, which may occur to Consumers and which derive directly or indirectly from the Consumers' use or impossibility to use the Site, from the Consumers having relied on the information contained on the Site or from errors, breaks in service, cancellations, degradation or corruption of files or e-mails, software errors, viruses or defects, delays in functioning or transmission, lack of communication, theft, the destruction of, or unauthorised access to, Versace’s data, programmes or services.
13.6 VERSACE will not be liable for any delay or failure to complete the order due to circumstances beyond its reasonable control.
14.1.VERSACE agrees to defend, indemnify and release the Consumer from any liability for and against any claim, damage, cost or expense, include legal expenses, deriving from or relating to the use of the Site and/or the violation of any declaration, guarantee or other provision in these Terms of Sale.
15.1 These Terms of Sale are governed by Italian law, with particular reference to the Consumer Code (Legislative Decree No. 206 of 6 September 2005 and Legislative Decree No. 70 of 9 April 2003 (E-commerce regulation), without prejudice to any other regulation prevailing in the usual country of residence of the Consumer making the purchase. Any dispute will be submitted to the exclusive jurisdiction of the competent court of the place where the Consumer is domiciled or resident or, at the Consumer’s choice, the Italian Court of Milan.
15.2 If any of the provisions contained in these 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.
15.3 VERSACE also informs its Consumers that in order to settle a dispute generated by a contract of sale finalised online out of court, and without prejudice to the Consumer's right to access the protection of the judiciary system, it is possible to submit an online claim on the European platform for online dispute resolution (ODR) at the following address: http://ec.europa.eu/consumers/odr/, in compliance with the provisions of Legislative Decree No. 130 of 6 August 2015 and (EU) Regulation No. 524/2013 of the European Parliament and Council of 21 May 2013 regarding the resolution of online consumer disputes.
16.1.All the content on the www.versace.com Site including trademarks, copyright, corporate images, works, images, photos, dialogues, music, sound, video, documents, designs, figures, logos, menus, web pages, graphics, colours, patterns, tools, printed characters, drawings, diagrams, layouts, methods, processes, features and software (collectively, the Content), are the property of and/or exclusively available to VERSACE and its content suppliers, and are protected by Italian copyright and other intellectual property laws.
16.2.The Consumer shall not reproduce, publish, distribute, view, modify, create works from or benefit in any way, in whole or in part, from the Content, without the prior written consent of VERSACE or its content suppliers, depending on the case, unless, however, with this document VERSACE provides authorisation for the Consumer to view, download and print the pages of the Site in hard copy, solely for personal and not commercial use.
16.3.VERSACE has the right to lay claim to ownership of any Content published on the Site, at any time, and to oppose any use, distortion or modification of any such Content.
17.1.VERSACE may, at its sole discretion, delete the Consumer's account or inhibit the Consumer's use of the Site at any time. VERSACE reserves the right to modify, suspend or interrupt the functionality or Content of the Site at any time and without prior notice.
18.1 If You have any complaint or if You need any information or assistance in relation to the Site or the purchase procedure, please send an email to the email address mentioned in the "Contacts" section on the Site, or You may contact VERSACE at the telephone number indicated under the same section. Last update, June 2014
GIANNI VERSACE S.r.l.
Registered Office: 20124 Milan - Piazza Luigi Einaudi 4 - Italy
REA. Milano 1762567
Fiscal Code, VAT Number and Milan Business Register. Companies Register Milan 04636090963
Share Capital €81,864,102.00 fully paid