OUR GENERAL TERMS OF SALE
DISTANCE SELLING – ORDER VIA TELEPHONE TO THE GIVENCHY BOUTIQUE LOCATED IN THE UK
YOU CAN PRINT THE DOCUMENT USING YOUR BROWSER'S FUNCTIONALITIES
For further information, please contact our dedicated team of the New Bond Street Boutique at +44 20 7199 2919 (local rate) or by email at store_london_newbondstreet@givenchy.com
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions under which we supply products to you, when you order by telephone to our New Bond Street Boutique located 165 New Bond Street
1.2 Why you should read them. Please read these terms carefully before you confirm your order to us and proceed to its payment via the paybylink we will send to you. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 We may change these terms at any time. We may amend these terms from time to time by posting revised terms on the url dedicated to terms and conditions of sales for products ordered by telephone to our boutiques. The terms applicable to your order will be those you have accepted at the time of placing the order and of proceeding to its payment via the paybylink we sent you.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are GIVENCHY COUTURE UK-Limited. Our registered office is c/o Browne Jacobson, 6 Bevis Marks, London EC3A 7BA and we are registered in England and Wales under company number 09206139
2.2 How to contact us. You can contact us by calling our boutique at +44 20 7199 2919, Monday to Saturday from 11am to 7pm and Sunday 12am to 6pm, excluding public holidays or by writing an email to store_london_newbondstreet@givenchy.com
2.3 How we may contact you. If we have to contact you we will do so by telephone, instant messaging or by writing to you at the email address, telephone number or postal address you provided to us for the need of processing your order.
2.4 "Writing" includes emails and SMS. When we use the words "writing" or "written" in these terms, this includes emails and SMS and/or any message sent by instant messaging app.
3. OUR PRODUCTS
3.1 Information about our products. Information about the range of products sold via our telephone order service is available, with product references, in all Givenchy stores and on our Website www.givenchy.com
3.2 Products may vary slightly from their pictures. The images of the products on our Website or the pictures sent to you following your request are for illustrative purposes only. Although we have made every effort to display or photograph the colors accurately, we cannot guarantee that a device's display of the colors or the pictures we sent you accurately reflects the color of the products. A product may be manufactured in one of our several workshops and may therefore have a different stamp of origin than the one displayed on our Website or on the picture we sent to you. Your product may vary slightly from those images.
4. PLACING ORDERS AND OUR CONTRACT WITH YOU
4.1 Placing orders. All orders are subject to availability. Orders can be placed by telephone in English contacting our team at. +44 20 7199 2919, Monday to Saturday from 11am to 7pm, and Sunday from 12am to 6pm, excluding public holidays.
You communicate with the Boutique on the Product(s) you wish to purchase. The Boutique will send You via SMS, instant messaging or email an order summary , where the following information will appear: the photo ( s) of the product ( s), its colors and reference(s), the quantity ( s) chosen, its unit price(s) and the subtotal of the selection. The order summary will also include the transportation costs to be paid by You. For the avoidance of doubt in case Your order must be delivered outside of the European Union, the order summary will not include the taxes and duties to be paid in the country you have chosen for the delivery as importation and corresponding taxes and duties are under your sole liability. Free to contact the Boutique to modify your order, made up of the selected products, delete an initially selected Product, modify the quantities ordered or add a Product.
4.2. Delivery territories : Worldwide save in Syria, North Korea and Iran. The corresponding shipping cost will be communicated to You during the order process and prior your confirmation of the order
4.3 You must be 18 or over. We only accept orders from customers aged 18 and over.
4.4 We only sell our retail products to consumers. Your order by telephone must not be made for or on behalf of any business activity and must be placed strictly for your personal use.
4.5 Your account with us: When placing a telephone order we will take the necessary details from you by telephone.
4.6 How we will accept your order. Our acceptance of your order will take place when we sent you an email, sms or instant message confirming due receipt of the payment and indicating that we have accepted and dispatched your order, at which point a contract will come into existence between you and us.
4.7 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product(s). This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or if the order is not in accordance with these Terms of Sale.
4.8 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. PRICE AND PAYMENT
5.1 Where to find the price for the product. The price of the product in pounds sterling (£) which may include VAT (if deliveries occurs in European Union). In addition we will provide you with the delivery costs applicable to your order which will be borne by You. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Condition 5.4 for what happens if we discover an error in the price of the product you order.
5.2 for sales within the European Union, we will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. In case of delivery outside European Union (here after referred to as export sales) Customs taxes and other duties will be borne by you directly as You are solely responsible for the importation of the products in the country of delivery and therefore for the related fees and taxes.
5.3 We will not provide VAT-refund services. We do not provide VAT-refund service for orders placed or by telephone to our Boutique.
5.4 What happens if we got the price wrong. It is always possible that, despite taking all reasonable care, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is higher than the price stated to You, we will contact You for Your instructions before we accept Your order at the correct price. If we accept and process your order where a pricing error is material, obvious and unmistakable and could reasonably have been recognized by You as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to You.
5.5 How you must pay. We will send you a link by SMS or instant messaging or email so you can proceed with the full payment of the ordered product(s) with any applicable VAT together with the shipping costs as indicated over the telephone prior to the order placement. We accept payment by credit card AliPay, WechatPAy, AMEX, MasterCard, Visa, CUP. You must guarantee you are the owner of the credit card used for such payment.
Payment must be made in pounds sterling (£).
5.6 When you must pay. You must pay before goods are dispatched to you. You will be debited once you have placed your order and it has been accepted by us. We will inform you by email once the products have been dispatched.
5.7 Failure to pay. If your payment cannot be processed for any reason (including, for example, stopped payment, refusal by the issuer of the card), your order will be cancelled and the contract with you ended immediately. We will inform you of this in writing.
5.8 Security measures.
5.8.1 Payments via paybylink are managed with the relevant banking organizations through facilities offered by Adyen, which enables us to accept and manage payments, mitigate fraud, and secure payment data. Your personal information including your name placed and credit card or other payment details will be disclosed and used by our payment and fraud management service provider exclusively for the purposes of providing fraud screening services to us and to its own customers, as further detailed in our Privacy Policy
5.8.2 To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases in accordance with our Privacy Policy. In performing these checks, personal information provided by you may be disclosed to our payment and fraud management service provider which may keep a record of that information.
5.8.3 If an order placed by you is considered to be fraudulent or otherwise made in breach of this Terms of Sale, the sale will be cancelled immediately, and in the event that any sums have already been debited to you, they will be refunded within 14 business days after such notification.
6. PROVIDING THE PRODUCTS
6.1. Several modes of delivery are proposed to You depending on Your place of delivery
6.1.1. for orders of less or equal to £ 5 000 : delivery will be made by DHL at Your expense. We will inform You of the corresponding amount.
6.1.2. . for orders of more than £ 5 000 we will propose you a specific transport solution at your expenses
In all cases, for Export Sales, you will pay directly and in addition to the above the costs and taxes relating to the importation of the Products into the country of delivery as you are solely liable for such importation
6.2. The deliveries through DHL will be made against signature. If no one is present to sign the package, the carrier will file a transit notice and contact number. The carrier will attempt to deliver the package the next business day. After three (3) consecutive delivery attempts, the package will be returned to GIVENCHY Couture UK Ltd warehouse and order will be cancelled and refunded.
6.3. During the order process we will let you know when we will provide the products to you, and if no deadlines are given, within 30 days at the latest from order confirmation, subject to full payment of the price.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4. If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note asking you to contact the Boutique team in order to arrange an alternative delivery date.
If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Condition 9 will apply.
6.5 Your legal rights if we deliver products late. You have legal rights if we deliver any products. If we miss the delivery deadline for any product then You may treat the contract as at an end straight away if any of the following apply:
6.5.1 we have refused to deliver the products
6.5.2 delivery to You within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.5.3 You told us before we accepted your order that delivery within the delivery deadline was essential.
6.6 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Condition 6.7, you can give us a new deadline for delivery or for collection by you, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Condition 6.7 or Condition 6.8, you can cancel your order for any of the products or reject products that have been delivered. If the products have been delivered you must return them to us. To avoid issue, please call the Boutique or email us to provide details and information concerning the return of the products. Once we have received the products and confirm that they are in perfect conditions, we will refund any sums you have paid to us for the cancelled products and their delivery.
6.8 Damage. If, at the time of delivery to You the packaging is damaged, please open the package in the presence of the carrier (in order to verify the condition of the products. In the case of delivery, where there is damage to the products, you should note the details on the delivery note and contact the Boutique as set out in Condition 2.2. If we deliver products to you and products are lost or damaged by our carrier we will repair or replace the products free of charge (including costs of re-delivery) but only where:
6.8.1 You tell us in writing within 24 hours of the actual delivery date in the case of damage and within 24 hours of the delivery date notified to you when you placed your order in the case of lost items (this is so that we will be able to meet our carrier's conditions of carriage);
6.8.2 You produce to us any receipt or other documents relating to the products and (in the case of damaged items) the original packaging for the products complete with all related accessories, instruction booklets, labels, protective covers and boxes.
6.9 When you become responsible for the products. The products will be your responsibility from the time you or a person indicated by you acquires the physical possession of the goods. You own the product once we have received payment in full.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 Ending your contract with us. You may end your contract with us in the circumstances described below. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Condition 10;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see Condition 7.2;
7.1.3 If you have just changed your mind about the product, see Condition 7.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at Conditions 7.2.1 to 7.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.3 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Condition 6.9).
7.3 How long do I have to change my mind? For most products bought online you have a legal right to change your mind within fourteen (14) days. In order to ensure the satisfaction of our customers we extend this to allow up to 30 days after the day you receives the products.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.1.1 Phone or email our boutique using the contact details mentioned on section 2.2. above. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2 By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract If you end the contract for any reason after products have been dispatched to you or you have received them, You must return your products within the Boutique and pay for the corresponding price of return.
8.3 You must return the products in perfect conditions with their original packaging, complete with all related accessories, instruction booklets, labels, protective covers and boxes, the original invoice.
8.4 How we will refund you. We will refund you the price you paid for the products including the delivery costs, by the method you used for payment provided that the products returned meet the conditions defined in section 8.3.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. Please note that the amount of the reduction could be equal to the full amount of the price if we are unable to sell the returned products because they do not meet our high standards of sale. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind, except that we may withhold refund if you did not return the products as required under these Terms of Sale within a reasonable time after notifying us of your decision to cancel the contract.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if (i) you do not make any payment to us when it is due , (ii) you do not, within a reasonable time, allow us to deliver the products to you or (iii) you are in breach of this contract.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in section 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can call us or email us.
10.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
10.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please call our or email us to arrange collection.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. OTHER IMPORTANT TERMS
12.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts subject to any mandatory provision applicable to our relationship.
12.5 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit a complaint for online resolution to the European Commission Online Dispute Resolution platform.
THE SCHEDULE MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: GIVENCHY COUTURE – UK Ltd
Send us an email: store_london_newbondstreet@givenchy.com or
Telephone: call our boutique at +44 20 7199 2919 Monday to Saturday from 11am to 7 pm and Sunday 12pm to 6pm, excluding public holidays
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate