General Conditions of Sale
Website publication and entry into force date 12/09/2018
1.1. These general terms and conditions of sale (hereafter also the "Conditions") shall apply to the purchase of “Moschino” brand products (hereafter the “Products” or individually the "Product") via the e-commerce website www.moschino.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to article 1.2 below.
The Site, which is the property of Moschino S.p.A., with registered office in San Giovanni in Marignano (RN), via delle Querce 51, and operating office in Milan, Via San Gregorio 28, Italy, share capital 66,817,108.00 Euros fully paid-up, tax code, VAT No, and Milan Business Registry Enrolment No. 02705970404, EAI no. RN - 277674 (hereafter the “Owner”), is managed TRIBOO DIGITALE USA Inc., EIN 45-4330572 (Employer Identification Number) (VAT number) - 2711 Centerville Road, Suite 400 - Wilmington - County of New Castle - Delaware - 19808 (hereafter “TRIBOO DIGITALE”).
1.2. TRIBOO DIGITALE sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be TRIBOO DIGITALE as Seller (hereafter the "Seller") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties"). The owner will process purchase orders, including delivery of Products, directly.
1.3. The Owner is not a party of these general terms and conditions of sale, but holds all rights to the Site's domain name, the logos, the registered trademarks, images and any other intellectual property right relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc, - shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address firstname.lastname@example.org.
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:
a) the withdrawal right referred to in article 10 shall not apply to the buyer;
b) the Product warranty referred to in article 8 shall not apply to the buyer;
c) no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Consumers must be 18 years old or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provider chosen by the same.
2. Product features and availability in the various geographical areas
2.1. The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Seller reserves the right to amend these general conditions of sale at any moment in time and at its own discretion, without the need to notify the users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, the Consumer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
3. Product purchase procedure - Conclusion of each individual purchase contract
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller, the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the order confirmation email will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at email@example.com.
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.
4. Product selection and purchasing procedure
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii)where already registered, to login, or (iii)to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment (upon purchase) by credit card, PayPal or PayPal Express , he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. After placing the order according to the above modalities, the Consumer will receive from the Seller, at the email address indicated by the latter to the Seller when registering to the Site or when placing the order if the Consumer is not registered to the Site, an order confirmation email containing the summary of the order placed and description of the characteristics of the Product ordered. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation as set forth by previous par. 3.3.
4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address firstname.lastname@example.org.
5. Delivery and acceptance of goods
5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. .
5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, that the delivery is correct and includes all and only the purchased Products, and to promptly notify the Seller of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of these Conditions; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.
6. Prices, shipping costs, customs duties and taxes
6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site.
6.2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes (where applicable), is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if due, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under these Conditions are the exclusive responsibility of the Consumer.
6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.1. Payment for Products purchased on the Site shall be made strictly within 10 (ten) days from when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence the moment the price of the purchased product/s is credited to the Seller’s bank account.
7.2. Payments for orders can be effected by credit card or PayPal, PayPal Express, at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.
7.3. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to
ADYEN NV, with registered office Simon Carmiggeltstraat 6-50 - 1011 DJ The Netherlands registered in the Netherlands under the company number 34259528, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remains inaccessible even for the Seller.
7.4. The Seller will promptly transmit the invoice/tax records relating to the purchase to the Consumer, where foreseen by applicable laws in force, in electronic format to the e-mail address provided by the Purchaser, if the products are to be delivered to a recipient in the Italian territory, or attached to the purchased Products in paper format, in all other cases.
8. Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.
8.1. The Seller, in accordance with European Directive 44/99/EC and Italian Legislative Decree No. 206/2005 (hereinafter "Consumer Protection Code"), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been used or washed in an inappropriate manner, without following the instructions/warnings provided by the Seller and/or the Owner of the product, on the information leaflets, tags or labels.
8.2. Under penalty of invalidation, the Consumer is required to report any defects and non-conformities of the products within and no later than 2 (two) months of acknowledging the same, properly filling out the relative form and sending it to the Seller’s Customer Service via email at email@example.com, indicating the fault and/or non-conformity found and including the relative documents stated in the return form (at least 1 (one) photo of the Product, the order confirmation sent by the Seller and/or tax receipt).
8.3. Upon receipt of the form and relative documents, the Seller will evaluate the defects and non-conformities claimed by the Consumer through the Owner’s assistance service, and after executing quality checks aimed at ascertaining the actual Product non-conformity, he will decide whether to authorise the Product return, by providing a feedback to the Consumer indicating the instructions to return the items, via email, at the address indicated by the latter when registering to the Site or when placing the order. The authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the products have been returned. The Products for which the Seller has authorised return shall be returned by the Consumer with a copy of the return authorisation notice, applying the pre-printed label with the return Code found inside the order on the pack containing the Products to be returned, within 30 (thirty) days from reporting the defect or non-conformity, at the following address:
Savino Del Bene – Fashion Distribution Services Inc.
34 Engelhard Avenue
07001 Avenel, New Jersey - USA
8.4. In case of defects or non-conformities, the Consumer shall be entitled to have the conformity of the product reinstated by the Seller with repair or replacement of the same, or alternate remedies in the cases expressly foreseen by art. 130 of Legislative Decree no. 206/2005.
Should the Seller agree to refund the Consumer the paid price, refund will be issued, if possible, with the same payment method used by the Consumer to purchase the Product or through bank transfer. The Consumer shall notify the Seller, always via email at firstname.lastname@example.org, the bank details to issue the bank transfer in his/her favour and put the Seller in the condition to return the due sum.
With regards to the Seller’s legal warranty, please view the specific document pushed on the Site.
In any case of return of goods, the refund of shipping costs to the consumer is charged to the costs for return shipping and compensated with them, unless otherwise indicated in connection with single promotions.
9. Defective Products Liability
9.1. With regards to potential damages caused by faulty Products, the provisions set forth by European Directive 85/374/EEC and the Consumer Code shall be applicable. The Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the product concerned.
10. Right of withdrawal
10.1. Subject to the exceptions provided for in Article 59 of the Consumer Code and in Article 10.7 below, the Consumer has the right to withdraw from any contract entered into pursuant to these Terms, without giving any reasons and without any penalty, within 14 (fourteen) days of (i) delivery of the product or (ii) in the case of the purchase of several products delivered separately with a single order, the last product has been delivered.
10.2. To exercise a right of withdrawal, the Consumer shall access the "My Returns" page in the My Account area, prior to the term set forth by previous point 10.1 or, if the same is not a registered users, access the designated page and enter the order number and email address used to place the order. As an alternative, the Consumer can send an explicit declaration, using the contact form or email address email@example.com, of his intention to exercise the right of withdrawal using the attached withdrawal form.
10.3. Pursuant to the provisions set forth by previous point 10.2, the Consumer will receive a confirmation email to exercise withdrawal, containing, in case he has already received the ordered product, the instructions to return the item within the following 14 days, at:
Savino Del Bene – Fashion Distribution Services Inc.
34 Engelhard Avenue
07001 Avenel, New Jersey - USA
10.4. If the Consumer has received the product, he shall return it to the address mentioned above with no undue delays and, in any case, within 14 days from notifying withdrawal. The term is respected if the Consumer returns the products prior to the 14-day expiry. Direct risks and costs for returning the products, as well as the relative proofs, will be borne by the Consumer. Should the Consumer exercise withdrawal through the site, prior to confirm the request of withdrawal, the cost to return the products will be indicated in case he wishes to use the return service offered by the site.
10.5. In case of withdrawal, the Consumer will be refunded the payments made, including delivery costs (except for surcharges derived from the potential selection of a delivery method other than the least pricy standard delivery method offered), with no undue delay and, in any case, within 14 days from exercising the right of withdrawal. Said refunds will be issued with the same payment method used by the Consumer for the initial transaction, unless the Consumer requests refund through a different payment method; in this case, the Consumer will be responsible for potential surcharges linked to the different payment method. Refund can be suspended until the products are received or until the Consumer has proven to have returned the goods, if prior.
10.6. The Consumer is responsible for the depreciation of the products due to handling other than to the extent necessary to establish the nature, characteristics and conditions of the goods. Therefore, the Consumer will be liable for the depreciation of the product in case the returned products are damaged (e.g. wear, abrasion, dents, scratches, deformations, etc), non-complete of all their components and accessories (including labels and tags still attached to the product), not accompanied by the enclosed instructions/notes/manuals, lacking the original packaging and wrapping and warranty certificate, if available, and shall be entitled to the refund corresponding to the residual value of the Product. Hence, to this scope, the Consumer is invited to handle the product only as necessary to establish the nature, characteristics and condition of the same and cover the original product wrapping with other protective wrapping to preserve the integrity and protect it during transport, also from writings or labels.
10.7 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL - Please note that, for reasons of hygiene, all sales of underwear and swimwear bottoms are final sales and not eligible for returns. For safety reasons perfumes cannot be returned.
11. Intellectual property rights
11.1. The Consumer declares to be informed that all trademarks, names, distinctive marks, trade names, images, photographs, written or graphic text used on the Site or referring to the Products are and shall remain the exclusive property of Moschino S.p.A. and/or potential parties entitled; access to the Site and/or purchase of Products will not confer any right to the Consumer.
11.2. The contents of the Site cannot be reproduced, nor fully or partially, transferred with electronic or traditional tools, modified or used at any title, without the previous written consent of Moschino S.p.A.
12. Consumer’s data and privacy protection
12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “My Account” section on the Site, which can be accessed after logging in.
13. Data Security
13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorised third parties.
13.2. With regards to data concerning payments made with credit card, the Seller avails himself of services provided by ADYEN NV, which adopts technological systems aimed at ensuring utmost reliability, security, protection and privacy when transmitting information via web.
14. Applicable law, settlements and jurisdiction
14.1. Any sales contracts signed between the Seller and the Consumer under these Conditions shall be governed and construed in accordance with the Italian laws in forces and, in particular, the Consumer Code, with specific reference made to the regulations concerning distance contracts, and by Legislative Decree no. 70 dated April 9, 2003, on certain aspects concerning electronic commerce. This is without prejudice to any rights granted to Consumers by binding provisions in force in the Consumer's country of residence.
14.2. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3. As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: firstname.lastname@example.org.
14.4. If no settlement attempt is made, as under section 14.2 or 14.3, or the attempt is not successful, exclusive jurisdiction for all disputes shall granted to the competent court in the Consumer's residence or domicile address.