General Terms and Conditions of Sale

Date: April 2023

1. General Provisions

1.1. These general terms and conditions of sale (“General Terms ”) describe the terms on which BALENCIAGA GERMANY GmbH, a company incorporated under the laws of Deutschland, with registered office at Unter den Linden 21, 10117 Berlin Germany, with registration number HRB 177962B, with VAT number DE8156366241 (“BALENCIAGA”, “ we”, “us”, “our”), sells, and a consumer (“you”) purchases, BALENCIAGA products (“Products”) through the website https://www.balenciaga.com/de/ (“Website”).

1.2. Our General Terms will apply to any contract for the sale of Products by BALENCIAGA to you through the Website (“Contract”).

1.3. The sale of Products through the Website is only available to consumers, meaning natural persons who act for purposes of personal consumption (i.e., for purposes extraneous to their trade, business, craft and profession and not for profit). If you are under the age of majority, you must expressly confirm that you have obtained the consent of a parent or legal guardian to purchase a Product, before submitting an order.

1.4. You will be asked to agree to our General Terms and to the Terms of Use of our Website (“ToU”) before placing an order. We therefore advise you to read these documents carefully, and in particular our General Terms, before proceeding with any purchase, and save or print a copy for future reference. If you do not agree to our General Terms and/or the ToU, you will not be able to order any Products from the Website.

1.5. We reserve the right to amend or update all or part of our General Terms from time to time, without notice. The General Terms in force at the time you place your order will govern your purchase contract about the Products. Any amendments or updates we make to these General Terms will apply only to future orders of Products you place with us after the occurrence of such amendments and updates. We will always post the latest version of these General Terms on the Website and display the ”Last Updated” date to reflect the date of the changes. The General Terms are made available for your reference on a durable medium for an unlimited period of time allowing you to access them, and/or save them electronically on your computer or on any mobile device and/or print a copy.

1.6. Our General Terms should be read alongside, and are in addition to, our Privacy Policy at https://www.balenciaga.com/en-de/legal-notices/privacy-policy/privacy-policy.html which tells you how we use your personal data, and our Cookie Policy at https://www.balenciaga.com/en-de/legal-notices/cookie-policy/cookie-policy.html .

2. Product Information and Availability

2.1. Information on our Products (along with the corresponding Product codes) and relevant prices are available on the Website.

2.2. Pictures of the Products displayed on the Website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device’s display of our Products accurately reflects them. In particular, the colors, fabric, shade, grain, texture of the Products shown on your screen may vary from those on the actual Product. Therefore, you should rely exclusively on the description of the Products and their characteristics as mentioned on the Website.

2.3. The sale of Products through the Website being available to consumers for personal use only, we reserve the right to refuse orders on legitimate grounds, notably when the Products are ordered in abnormal quantities and/or in such quantities that it can be assumed that they may have been purchased for commercial purposes or other unauthorized or illegal activities. These restrictions may include orders placed by, or under, the same account, the same payment method and/or orders that use the same billing and/or shipping address. You cannot purchase more than two (2) identical Products per order. The maximum number of items per order is ten (10).

2.4. We may change or discontinue a Product or any of its features, as described on the Website, at any time without notice (this does not affect the Products for which an Order Confirmation, as defined below, has already been issued at the time of the change). During the purchasing process, we will inform you if your order cannot be processed, in whole or in part, due to the unavailability of one or more ordered Products. If one or more ordered Product(s) are unavailable, your order will not be accepted. If possible, we offer you to order the Products in the available quantity.

2.5. In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event we shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.

3. Prices

3.1. Prices of Products are indicated on the Website in Euro and are inclusive of any applicable VAT, sales taxes or other taxes. Prices do not include delivery charges, which, if any, shall be added to the price of the Products and will be communicated to you during the checkout process before you confirm your order.

3.2. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case we will, at our discretion, reject the order or declare the Contract void (depending on when the error is detected) and notify you of such rejection or avoidance.

3.3. Without prejudice to the above, we reserve the right to change the Products prices at any time and without notice, but such changes will not apply to Products for which we have received a purchase order.

4. Placing an order - Formation of the Contract

4.1. The information about the Products and their prices displayed on the Website do not represent a binding offer by us.

4.2 When placing an order, you can create an account/profile with us or you can alternatively order as a guest. In both cases, you will be asked to complete certain required fields.

4.3 To purchase Products on the Website you must follow our instructions on how to place an order:

(i) Select the Product(s) you are interested in buying and choose the size, color (if more than one color is available) and quantity (subject to the restrictions set forth in Section 2.3),

(ii) Include the selected Products (subject to the restrictions set forth in Section 2.4) in the shopping cart by clicking on the button “ Zum Warenkorb hinzufügen”

(iii) You can then see the selected Products by clicking on the shopping cart icon. To proceed with your order you then click on the button " zur Bezahlung",

(iv) Fill in the order form with your personal information (name, address, email, telephone, shipping/billing address),

(v) Select your payment method,

(vi) Before placing your order, you will be given the opportunity to review your selection, check the total price and correct any errors.

(vii) Accept our General Terms and the ToU, be informed about your withdrawal right and our Privacy Policy.

(viii)

(ix) Place your order through the Website by clicking on the button “ Order with obligation to pay”.

4.3. By placing an order, you agree to pay the price of the ordered Products. Your order constitutes a binding offer to purchase from us the selected Products under these General Terms.

4.4. All orders submitted by you are subject to our acceptance. Once you place your order, we will promptly acknowledge receipt of your order by email ("Receipt Confirmation"). This Receipt Confirmation does not, however, mean that your order has been accepted. We may choose not to accept your order without liability to you. Examples of non-acceptance of your orders are as follows:

(i) We are unable to obtain authorization for your payment (which will only be executed upon/after conclusion of the contract);

(ii) Fraudulent, illegal or unauthorized activities, including suspected purchases for commercial purposes, are reported or suspected; or

(iii) Unavailability of the ordered Products.

In the above situations, we will send you an email informing you of the non-acceptance of your order. Acceptance of your order and the formation of the Contract between you and us will only occur when we have sent you an email confirming that we have accepted your order, which has been shipped (“Order Confirmation”).

4.5. The Order Confirmation will include the order number, all the information required by applicable law, including without limitation, basic information on the purchased Products, the price, the shipping address and these General Terms. The details of your accepted orders are available under “My account” or “My profile” if you have created an account/profile.

4.6. Once you receive the Order Confirmation the Contract is concluded and you can no longer cancel or modify your order without prejudice to your statutory rights according to Sections 9 and 11.

5. Payment

5.1. You must pay the price of the Products (including applicable VAT, sales taxes or other taxes), the cost of any additional services you order (e.g., additional costs for personalized Products), if applicable, and the associated delivery charges, if any.

5.2. We accept payments made in the currency specified for the country of the shipping destination with the payment methods proposed to you before you place your order. In addition to other payment methods we may also offer methods of payment (such as Klarna or Paypal) for which you shall accept payment service provider’s terms and conditions. These terms and conditions can be found by clicking on the link communicated to you before you confirm your order. We accept no liability in respect of your use of the payment method concerned. Such payment method may not be available for all purchases and whether you are eligible to use it as a payment method will be determined by the payment service provider on a case by case basis.

5.3. You will not be charged until your order has shipped.

5.4. If your payment cannot be processed for reasons attributable to you, we will rescind from the Contract in accordance with the provisions of statutory law without liability to you. We will inform you of the rescission in writing.

5.5. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of our processing of your payment.

5.6. For each order, we will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order. No alterations to the e-invoice are possible once the e-invoice has been issued. Should the e-invoice not be correct, a new e-invoice will be issued to you.

6. Pre-Order of Products

6.1 From time to time, we may invite you to pre-order certain selected Products on the Website before they are available to purchase from the stores or the Website (“Pre-Order Products”). The thirty (30) days delivery term set out in Section 7.4 will apply to Pre-Order Products only when we notify you that the Pre-Order Product is available/has shipped.

6.2 Please note that for Pre-Order Products, payment is not processed at the time of the reservation of the Pre-Order Product but when the Pre-Order Product has shipped.

7. Shipping, Delivery and Collection

7.1. The purchased Products will be delivered exclusively in Germany.

7.2. The purchased Products shall be delivered by a courier service selected by us (“Courier”). Products shall be delivered either to the address indicated by you in the order form or to one of our stores offering a pick-up in store service in Germany, as selected by you (“Selected Store”). We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to PO Boxes, address of freight forwarders, or hotels (we may exceptionally accept to deliver the Product(s) to a hotel but such a delivery is, in any event, subject to our prior and express approval).

7.3. We will deliver the purchased Products or make them available for collection at your Selected Store within the estimated periods communicated to you during the order process before you place your order, except if a force majeure event, that is an event that is unforeseeable, unavoidable and outside our control and sphere of influence and for which we do not bear responsibility.

7.4. We will inform you of the occurrence of a force majeure event in a reasonable manner. If the delivery has not occurred within thirty (30) days of the Order Confirmation as a result of a force majeure event, you will be entitled to specify a date for delivery and, if this date cannot be met, you may rescind from the Contract and we shall refund you all sums paid under the Contract within fourteen (14) days from the date you rescind from the Contract.

7.5. Upon delivery of the Products by the Courier, we recommend that you (or the person designated by you):

(i) verify that the number of packages delivered corresponds to that indicated on the carrier delivery note;

(ii) verify that the packages and their seals are intact, undamaged, not wet or altered in any manner;

Omission of these recommended actions does not have any effect on your statutory warranty rights.

7.6. You can track the status of your shipment by clicking on the link included in the Order Shipping Confirmation.

7.7. If you have opted to collect the Products at your Selected Store, you will have a limited period of time indicated to you by email, to collect them. In order to collect the Products in store you will need to show your Order Confirmation and a personal identity document. If you have designated a person to collect the Products, such person will have to provide a proxy duly signed by you together with a copy of your personal identity document). If you (or a person designated by you to collect the Products) fail to collect the Products within this timeframe, we will be entitled to rescind from the Contract and refund the price of the Products to you after a grace period for collection set by us has lapsed to no avail.

8. Risk and Title

8.1. Title in the Products shall pass to you on the date on which the Products are delivered to your delivery address or collected at your Selected Store, as applicable.

8.2. The risk of loss of, damage to, and/or destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you or upon the collection of such Products by you, or such person designated by you from your Selected Store.

9 . Right of withdrawal and Returns

9.1. You have the right to withdraw from the Contract without giving a reason within thirty (30) days from the date on which you (or the person designated by you) take physical possession of the Products or, in case of multiple packages delivered for the same order, the last package delivered.

9.2. The right of withdrawal does not apply to orders for personalized Products and for Products identified on our Website as non-returnable (“ Non-returnable Products”) without prejudice to your statutory rights according to Section 11.

9.3. To exercise your right of withdrawal, you must inform us (BALENCIAGA GERMANY GmbH – Unter den Linden 21, 10117 Berlin GERMANY – clientservice.de@balenciaga.com, phone number: +49 30 31 19 22 23) of your decision to withdraw from the Contract by an unequivocal statement by:

- e-mail to clientservice.de@balenciaga.com ,

- post to BALENCIAGA GERMANY GmbH – Unter den Linden 21, 10117 Berlin GERMANY, or

- online.

You may use the model withdrawal form at the end of our General Terms, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired (see Section 9.1).

9.4. If you withdraw from the Contract, we shall refund you all amounts received from you, including the delivery charges, (except the additional costs resulting from your choice of a type of delivery other than the least expensive delivery method we offer), without undue delay and in any event not later than fourteen (14) days from the date on which we are informed about your decision to withdraw from this Contract. We will refund you using the same payment method that you used when you placed your initial order, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

9.5. You shall send back the Products or hand them over to BALENCIAGA GERMANY GmbH – Unter den Linden 21, 10117 Berlin GERMANY, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the Contract to us. The deadline is met if you send back the Products before the period of 14 days has expired.

9.6. You will have to bear the cost of returning the Products.

9.7. You are liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.

9.8. If return in store is available (please refer to the instructions enclosed with the return label), you can also return the Products purchased through the Website to any of our stores located in Germany at https://balenciaga.com/en-de/StoreLocator.

9.9. The provisions of Sections 9.1 to 9.8 will apply in addition to our Return Policy at https://www.balenciaga.com/en-de/legal-notices/return-policy/return-policy.html .

10. Exchange of Products

10.1. Without prejudice to your statutory rights according to Sections 9 and 11, and with the exception of Non-returnable Products, we accept exchanges of Products purchased on the Website within thirty (30) days after the date of delivery, pursuant to the procedure set out in our Returns Policy at https://www.balenciaga.com/en-de/legal-notices/return-policy/return-policy.html. We only allow exchange on the same Product (same price/same color) in a different size. If you would like to receive a different Product or the same Product in a different color instead, please return your Product for a refund. Then place a new order online for the Product you would like.

10.2. All exchanges are subject to availability of the new Product requested. Products may be exchanged only once.

10.3. We reserve the right to reject the returned Products and decline exchange if any returned Product for exchange does not meet the conditions set out in Section 9.5.

10.4. Any fees or charges, or other costs whatsoever, incurred as a result of your exercising your right of exchange in accordance with this Section 10, shall be borne by you unless the Products are faulty or defective.

11. Lack of Conformity - Defects

11.1. If you find that a Product sold by us on the Website is defective, is not as described or is incomplete, please contact our Client Services by calling +49 30 31 19 22 23 or by sending an email to clientservice.de@balenciaga.com .

11.2. You have statutory warranty rights for any lack of conformity to the Contract of the Products we have sold to you on the Website, under the conditions set forth in the German Civil Code.

11.3. Damage, alteration or modification to the Products caused by you is not a defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as direct exposure to the sun light or heat, contact with liquid, rain or food); normal tear and wear; non-observance of applicable care and/or cleaning instructions, are not defects or a lack of conformity. Likewise, variations in the texture, natural markings or irregularities of natural Products (such as leather or fabric) are inherent to the Product and not defects.

11.4. In the event you request the repair, replacement or return of a Product that is defective, is not as described or is incomplete pursuant to this Article 11, we will bear the delivery costs for returning the Products to be repaired, replaced or returned, as well as any costs to deliver back to you the repaired or replaced Products in accordance with the provisions of the German Civil Code.

12. Liability

12.1. We shall be liable without limitation for any breach of duty caused intentionally and grossly negligent by us, our legal representatives or vicarious agents. With regard to other types of negligence, our liability shall be limited and restricted to the foreseeable damage that might typically occur under the Contract, if an obligation that is essential to the proper performance of the Contract is not fulfilled by us and when you may reasonably expect compliance with such obligation.

12.2. The foregoing liability limitations or exclusions shall not apply to claims resulting from fraudulent concealment of a defect, from a provided guarantee and claims pursuant to the German Product Liability Act (Produkthaftungsgesetz "ProdHaftG") nor to damages arising from injuries to life, body or health.

12.3. Insofar as our liability is excluded or limited, such exclusion or limitation shall also apply to the personal liability of our employees, representatives and vicarious agents.

13. Guarantee of Authenticity and Intellectual Property Rights

13.1. We guarantee the authenticity of all Products purchased on our Website.

13.2. BALENCIAGA trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain the exclusive property of BALENCIAGA (company registered with the Paris Trade and Corporate Register under unique identification number 775 668 122), and are protected by applicable copyright, trademark, or other intellectual property laws around the world. BALENCIAGA reserves all such rights.

14. Promotions and Special Offers

14.1. We may offer you promotions and special offers from time to time. The terms of such promotions and special offers will be specified on the Website (e.g., start and end date of the promotions and offers; minimum order value, if any). Promotions and offers cannot be used in conjunction with any other promotion or offer. To receive the discount or offer applied, you must place your order within the specified date range. The promotional or special offer code must be entered at the time of checkout.

14.2. Exceptionally, we can reserve the right to refuse to allow you to participate in the promotion or special offer on legitimate grounds (for example, if we have reasonable grounds to assume that you are acting fraudulently).

15. Personalized Products

15.1. Please review your personalized text carefully before submitting your order. Once your payment is validated, the personalized text you requested will be reproduced strictly as submitted by you and may not be modified.

15.2. We remind you that the right of withdrawal does not apply for Personalized Products, in accordance with Section 9.2.

15.3. Personalized Products shall not include any content that:

• infringes anyone's copyright;

· infringes any other rights, such as a trademark, rights of any person or entity or a duty owed to any person or entity, such as an obligation of confidentiality;

· breaches any applicable law (including, without limitation, any criminal law) or regulation;

· is false, inaccurate, misleading, harmful, offensive, abusive, threatening or defamatory;

· misrepresents identity or impersonates any person;

· includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person;

· contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group or is otherwise inappropriate;

· may harass, upset, embarrass, alarm or cause needless annoyance, inconvenience or distress to any person;

· gives the impression that it emanates from or has been approved by us;

· promotes or assists any unlawful act; or

· impacts our brand in a negative way.

15.4. We may refuse your order without liability to you if you do not comply with the conditions set out in this Section.

16. Applicable Law and Jurisdiction

16.1. Our General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of Germany.

16.2. Any disputes arising out of, or relating to, our General Terms and the Contracts shall be submitted to the jurisdiction of the courts where you reside, or your domicile is located.

16.3. You may access the European Online Dispute Resolution Platform provided by the European Commission and available at http://ec.europa.eu/odr, for alternative extra-judicial resolution of disputes that cannot be resolved between you and us.

16.4 Consumer information pursuant to the German law on dispute resolution for consumers (Verbraucherstreitbeilegungsgesetz; VSBG): BALENCIAGA is not willing nor obliged to participate in any dispute resolution proceedings before a consumer arbitration panel ( Verbraucherschlichtungsstelle).

17. Contact us

For further information and assistance with the Website, you may contact us in one of the following manners:

· By sending us a communication to BALENCIAGA GERMANY GmbH – Unter den Linden 21, 10117 Berlin GERMANY,

• By sending us an email at clientservice.de@balenciaga.com ,
• By calling us at +49 30 31 19 22 23,
• or via the contact form in the Client Services section of our Website.

 

Model Withdrawal Form

 

(complete and return this form only if You wish to withdraw from the Contract)

To BALENCIAGA GERMANY GmbH – Unter den Linden 21, 10117 Berlin GERMANY,– clientservice.de@balenciaga.com

I/We(1) hereby give notice that I/We(1) withdraw from my/our(1) contract of sale of the following goods(1)/for the provision of the following service(1),

Ordered on (1)/received on (1),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(1) Delete as appropriate