SAINT LAURENT - 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 Seller’s 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 Saint Laurent, incorporated and registered with the Trade and Companies Registry of Firenze under number FI-669422, whose registered office is at Via Pisana, 336, 50018 Scandicci, Firenze, ITALY, with VAT number IT06963780488 (the “Seller” or “We”). These Terms do not apply to sales made on https://www.ysl.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 18 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 +44 20 33 18 59 11 or one of the Seller’s stores; or
b) Place an order with a sales assistant in one of the Seller’s stores.
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 (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 “Saint Laurent” trade mark.
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 The Seller provides the legal warranty of conformity as set forth in articles 128 et seq. of the Italian Consumer Code (Legislative Decree no. 206/2005 and ff. amendments) and the legal warranty against latent defects as set forth in articles 1490 et seq. of the Italian Civil Code.
As regards the warranty of conformity, You have a period of two years from the delivery of the product within which to act. That said, You are required to exercise such warranty within two months from the discovery of the lack of conformity; otherwise, the warranty is deemed no longer effective.
You can choose between the repair or replacement of the product, in a congruous term, without expenses, unless the requested remedy is objectively impossible or excessively onerous compared to the other remedy. In this respect, please note that one of the abovementioned remedies is deemed "excessively onerous" where the Seller would bear unreasonable expenses compared to the other remedy, taking into account (a) the value of the product lacking the defect of conformity; (b) the degree of non-conformity; (c) the possibility that the alternative remedy may be executed without relevant drawbacks for You.
You are not required to provide proof of the existence of a lack of conformity during the abovementioned two-year period. following the delivery of the product.
You may also choose to terminate the Contract or obtain a congruous reduction of the price, where one of the following occurs: (i) the repair or replacement are both impossible or excessively onerous; (ii) the Seller has not provided the repair or replacement within a congruous term; (iii) the repair or replacement previously provided caused relevant drawbacks to You.
This legal warranty of conformity is applicable irrespective of the commercial warranty which may have been granted.
In addition, You may implement the warranty against hidden defects of the thing sold within the meaning of article 1490 of the Italian Civil Code. In this case, You can elect between the sale being cancelled or the sales price being reduced pursuant to article 1492 of the Italian Civil Code.
5.1 Payment of the purchase price of the products and of the delivery charges must be made 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
7.1 For any information, after-sales support or claims, please contact the Customer Service at +44 20 33 18 59 11 or email us from the contact form you will find in the customer service section on https://www.ysl.com.
8. CANCELLATION RIGHT
Except for (i) Personalized 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 14 days without giving any reason.
The cancellation period will expire after 14 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 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 which is equal to the one attached as Appendix I, Part B to the Italian Consumer Code, 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.ysl.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.
9.2 You have the right to register on the relevant national phone solicitation opt-out list.
10. APPLICABLE LAW - DISPUTE
10.1These Terms are governed by Italian 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.
10.2For the avoidance of doubt, the Convention on the International Sale of Goods shall not apply.
10.3In 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 an EU resident and if no amicable solution is found after You sent the Seller a claim in writing, You are informed that You can resort, free of charge, to mediation. If You finalize your purchase online, You can also submit your claims on the online dispute resolution website (http://ec.europa.eu/consumers/odr/) of the European Commission, which will transmit your claim to the relevant mediator.
10.4In any case, any dispute may be brought to the courts having jurisdictions.
Model cancellation form
(complete and return this form only if You wish to withdraw from the Contract)
To: Saint Laurent, Via Pisana, 336, 50018 Scandicci, Firenze, ITALY
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),
(1) Delete as appropriate