BALENCIAGA - GENERAL TERMS AND CONDITIONS FOR DISTANCE SALES OF PRODUCTS (OTHER THAN ON THE WEBSITE)

The following General Terms and Conditions for Distance Sales of Products (other than on the Website)(the “Terms”) shall govern exclusively the offer and distance sale of products (i) by telephone or (ii) finalized and paid online following an in-store order by Balenciaga, whose registered office is at 7-1-16 Akasaka, Minato-ku 1070052 Tokyo JAPAN (the “Seller” or “We”). These Terms do not apply to sales made on https://www.balenciaga.com (the “Website”).

1. SELLER TO CONSUMER TRANSACTIONS

1.1 The Seller offers products for sale exclusively to end purchasers who are consumers and are 20 years old or over (“Consumers” or “You”).

1.2 A Consumer is an individual who is acting for purposes that are outside his or her trade, business or profession. If You are not a Consumer, please do not buy any products from the Seller via this method.

1.3 The Seller reserves the right not to accept any orders (i) received from clients who are not Consumers, or (ii) which do not comply with these Terms. Each order will be governed by the relevant version of the Terms applicable in the country in which delivery of the products is requested by you. Applicable Product price will be that applicable in the country in which delivery of the products is requested by you.

1.4 These Terms will govern the offer and acceptance of purchase orders of products between the Seller and the Consumer placed (i) by telephone or (ii) in-store and finalized online via a payment link, as well as the delivery of products.

2. HOW TO COMPLETE A DISTANCE PURCHASE (OTHER THAN ON THE WEBSITE) WITH THE SELLER

2.1 In order to place an order for the purchase of one or more product(s) with the Seller, You must:

a) Either call the Customer Service at 0 120 99 21 36 or one of the Seller’s stores, or

b) Place an order with a sales assistant in a Seller’s store.

In both cases, You must provide all the information (such as your identity and contact details, product details, delivery and billing addresses, payment information, etc.) requested by the sales assistant or Customer Service advisor.

2.2 Before placing your order, the sales assistant or Customer Service advisor will inform You of the identity of the Seller, the main characteristics of each product You are considering ordering and corresponding unit price (including all applicable fees and taxes), payment and delivery conditions, as well as your right to cancel (including the address to which You can return the products) as set forth in Clause 8 below. The Seller will send You a copy of these Terms, by email, prior to the completion of your purchase. Please read these Terms carefully.

2.3 By placing an order, You acknowledge that You have read these Terms and accept and undertake to comply with them.

2.4 After placing your order, the Seller will send You an order confirmation by email, containing a summary of the information related to the order (the main characteristics of the products, detailed information on the price, shipping and billing details), as well as a copy of these Terms on a durable medium (the “Order Confirmation”).

2.5 The sale contract (the “Contract”) is completed once We issue the Order Confirmation.

3. SALE OF PERSONALISED PRODUCTS OR PRE-ORDERED PRODUCTS

3.1 You will be able to order products even if they are not yet available in the shops (the “Pre-ordered Products”) and products which You can choose to personalise (“Personalised Products”).

3.2 By way of exception to Clause 6 below, if You purchase, in one order, more than one Pre-ordered Product or Personalised Product with different delivery dates, all such products will be shipped together in one same delivery on the estimated date on which the last of the products is available.

3.3 Please note that, given their bespoke nature, the cancellation right under Clause 8 below will not apply to Personalised Products, which cannot be returned unless there is a defect or an error (and not merely because You have changed your mind).

4. PRODUCTS - WARRANTIES

4.1 The Seller solely sells products bearing the “Balenciaga” trademark.

4.2 Without prejudice to your legal rights explained below, the Seller does not sell used, defective, counterfeited products or products of lower quality than market standards.

4.3 The features and price of the products are described on the Website product page or in the catalogues available in each shop although minor variations from images and descriptions can occur including due to colour reproduction in product photographs.

4.4 All products sold by the Seller will bear an identification tag attached by means of a disposable seal. If You wish to return the purchased products, please keep the tag and the seal and return them with the products.

4.5 It is the Seller's responsibility to supply You with products that conform with the Contract and meet your consumer rights. If You have any concerns that the Seller has not met its legal obligations please contact the Seller using the contact form You will find in the customer service section on https://www.balenciaga.com. During the expected lifespan of your product You are entitled to the following: (a) up to 30 days, if your product is faulty, You are entitled to a full refund; (b) up to 6 months, if your product is faulty and can't be repaired or replaced, then You are entitled to a full refund in most cases; and (c) up to 6 years (5 years in Scotland), if your product does not last a reasonable length of time You may be entitled to some money back. If You require further information about your legal rights please contact a citizen's advice bureau or a lawyer.

5. PAYMENT

5.1 Payment of the purchase price of the products and of the delivery charges must be made via payment card by providing your payment card information electronically, within twenty-four (24) hours of the placement of your order with the Seller, using the link sent to You by the Seller by email. Failing to provide your payment card information within this timeframe will result in the automatic cancellation of your order.

5.2 Types of payment cards accepted will be communicated by telephone or in the email containing the link to pay.

5.3 All card details (such as card number and expiry date) will never be used by the Seller for any reason other than your purchase and to issue any possible refund should any product be returned as a result of the exercise of your cancellation right or should it be necessary to provide information to the governmental authorities or other appropriate bodies for the purpose of the prevention of frauds or the notification of fraudulent or other illegal activities.

6. SHIPPING AND DELIVERY

6.1 Deliveries cannot be made to sanctioned countries as per applicable laws.

6.2 The shipping and delivery terms as well as the related charges will be those agreed upon during the order process and set forth in the Order Confirmation. Maximum delivery time is thirty (30) days as from the Order Confirmation, subject to the provisions of Clause 3.2.

6.3 The Seller will send You an email to inform You when your order has been shipped and allow You to track it.

7. CUSTOMER SERVICE

For any information, after-sales support or claims, please contact the Customer Service at 0 120 99 21 36 or email us from the contact form you will find in the customer service section on https://www.balenciaga.com.

8. CANCELLATION RIGHT

Except for (i) Personalised Products, (ii) those likely to be easily deteriorated or perishable and (iii) those which are not suitable for return given their nature (e.g. fragrance), or due to hygiene reasons, You are entitled to cancel your Contract in accordance with the following instructions:

8.1 Right to cancel

You have the right to cancel this Contract within 30 days without giving any reason.

The cancellation period will expire after 30 days from the day on which You acquire or a third party other than the carrier and indicated by You, acquire physical possession of the products or, in the case of multiple products in one order delivered separately, the last product.

To exercise the right to cancel, You must inform the Seller at the address indicated in the the documents which are delivered together with the product(s) of your decision to cancel this Contract by an unequivocal statement (e.g., by a letter sent by post). You may use the model cancellation form below, but it is not mandatory. You can also electronically fill in and submit the model cancellation form or any other unequivocal statement via the Seller’s contact form accessible at https://www.balenciaga.com. If You use this option, the Seller will communicate to You an acknowledgement of receipt of such a cancellation on a durable medium (e.g., by email) without delay.

To meet the cancellation deadline, it is sufficient for You to send the communication concerning your exercise of the right to cancel before the cancellation period has expired.

8.2 Effects of cancellation

If You cancel the Contract, the Seller will reimburse to You all payment received from You, including the cost of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event no later than 14 days from the day the Seller is informed about your decision to cancel the Contract. The Seller will provide such reimbursement using the same method of payment You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until it has received the products back or You have supplied evidence of having sent back the products, whichever is the earliest.

You shall send back the products or hand them over to the Seller, at the address indicated in the documents which are delivered together with the product(s), without undue delay and in any event not later than 14 days from the day You send your notice of cancellation of the Contract to the Seller. The deadline is met if You send back the products before the period of 14 days has expired.

You will have to bear the direct cost of returning the products.

You are only 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. PRIVACY

9.1 Please refer to our Privacy Policy attached to these Terms for any information on the processing of your personal data.

10. LIABILITY

10.1Subject to Clause 10.2 and 10.3 below, the Seller will compensate You for any loss or damage You may suffer and which is reasonably foreseeable at the date You and the Seller enter into the Contract if the Seller fails to carry out its obligations under these Terms to a reasonable standard or breach any duties imposed on the Seller by law unless that failure is attributed to: (a) your own fault; (b) a third party unconnected with the Seller's performance of this Contract; or (c) any other events which neither the Seller nor its suppliers could have foreseen or prevented even if the Seller or they had taken reasonable care (for example adverse weather or government action). 

10.2Subject to Clause 10.3 below, as You must be a consumer and not a business to enter into the Contract with the Seller, the Seller shall not be liable for any form of business-related damages, costs or losses such as loss of profit, sales or commercial opportunity.

10.3The Seller does not limit any liability it may have to You for: death or personal injury caused by its negligence or the negligence of its employees, agents or contractors; for fraud or fraudulent misrepresentation; for breach of Your rights summarized under Clause 4.5.

11. APPLICABLE LAW - DISPUTE

11.1These Terms are governed by Japanese law, except in cases where the law of your country of residence requires a higher level of protection that cannot be derogated from by agreement, in which case such law shall apply.

11.2For the avoidance of doubt, the Convention on the International Sale of Goods shall not apply.

11.3In case of dispute, the Seller invites You to contact the Customer Service (see Clause 7), in order to find an amicable solution. If You are a Japan resident and if no amicable solution is found after You sent the Seller a claim in writing, You are informed that You can resort to mediation.

11.4In any case, any dispute may be brought in the competent courts of the place of your residence or domicile.

11.5Only You or the Seller have the right to enforce any provision under these Terms.

12. GENERAL

12.1If You breach these Terms and the Seller does not take any action against you, it may still take action against You later or if You breach the same provision on another occasion or if You breach a different provision. If any provision(s) in these Terms are held to be unenforceable, the rest of these Terms will remain in force. 

12.2The Seller intends to rely upon the written terms set out in these Terms and the Order Confirmation as the entire understanding between You and the Seller relating to Your order. If You and the Seller agree any changes, please make sure that You request that these are confirmed in writing. That way You and the Seller can avoid any problems surrounding what the Seller or You are expected to do in relation to your order.

12.3The Seller may transfer its rights and obligations under these Terms to another organisation, but the Seller will always notify You in writing if this happens, and this will not affect your rights under these Terms. The Seller will if possible provide You with prior notice of this. 

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Model cancellation form

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

To Balenciaga, 7-1-16 Akasaka, Minato-ku 1070052 Tokyo JAPAN

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