TERMS OF SALE
Givenchy.com – version of September 9, 2019
Please carefully read these Terms of Sale (including the specific terms and conditions of sale of the Special NFT PACKAGE defined below), General Terms and Conditions of Use and the Privacy and the Cookies Policies of the givenchy.com website. You can also print the full text of these Terms of Sale by clicking on the button below.
Use of the remote sales process described in these Terms of Sale is restricted to consumers only, (i) as defined by law and case law, and (ii) acting exclusively on their own behalf.
Terms of Sale
1. Identification of the seller
These Terms of Sale are those of GIVENCHY CORPORATION., a Delaware corporation, whose registered office is at 19 East 57th Street 8th Floor New York NY 10022 (hereinafter “GIVENCHY”).
2. Scope and acceptance of the Terms of Sale
These Terms of Sale apply to all sales of GIVENCHY products to customers (provided that specific terms and conditions are applicable to the sale of the Special NFT PACKAGE as defined below) (hereinafter “Customer”)concluded either through the Customer Service department implemented by GIVENCHY and contactable by telephone at 1 833 908 0147 (toll-free number for any call made from USA) or via the GIVENCHY Customer service postal service –1000 NW 57th Ct. Suite 590 Miami FL 33126 (hereinafter “Customer Service”), or via the merchant site accessible from the US version (available, for the convenience of the Customer only, in four languages: English, Spanish simplified Chinese and French) of the givenchy.com/america/en website (hereinafter the “Website”), for delivery in mainland US only defined as 50 US states and the district of Columbia-but excluding Puerto Rico, Guam, APO/DPO/FPO addresses and other US territories (hereinafter “United States”).
*In the case of telephone sales, any sale of GIVENCHY items via the Customer Service department implemented by GIVENCHY is concluded subject to the resolutory clause of these Terms of Sale, previously accepted by the Customer via telephone.
*In the case of electronic sales (Internet), the Customer declares to have carefully read these Terms of Sale prior to the placement of the Order (hereinafter the “Order”) and he/she will then be asked to confirm his/her acceptance of the Terms of Sale during each purchase on the Website by checking the box “I have read and I accept the Terms of Sale and Use, as well as the “Personal Data and Cookies’ Charter of the Website”. The confirmation of his/her Order therefore constitutes acceptance without restriction or reservation of these Terms of Sale. These Terms of Sale may be saved by any person visiting the Website by means of a computer download and may be reproduced via printing. GIVENCHY reserves the right to make any changes to its Terms of Sale. However, orders will be governed by the Terms of Sale in force at the time when said orders were placed by the Customer. In the event that, subsequent to the date of their removal from the fr.givenchy.com Website, an outdated version of the Terms of Sale remains available to the public via other websites or by any other means other than on the Website or through Customer Service, these Terms and Conditions would no longer, however, be binding on GIVENCHY for the orders placed after said removal.
3. Ordering methods
3.1 Telephone orders
Orders will only be received in English or Spanish by GIVENCHY Customer Service at 1 833 908 0147 (toll-free number for all calls made from United States), Monday through Saturday from 10am to 9pm (Miami time), except holidays, for delivery to United States.
3.2 Internet orders
The merchant Website allows for the ordering of a selection of GIVENCHY products (hereinafter the “Product(s)”)immediately online via the Internet for delivery to United States. Customers can obtain additional information by contacting Customer Service by telephone.
4. Product information and availability
Information relating to all GIVENCHY Products that may be sold on the Site or through Customer Service is available in all GIVENCHY stores and on the givenchy.com website. This information complies with the requirements of the legal and regulatory texts in force.
Product visuals appearing on the Site may be altered according to the quality of the equipment used by the customer to access the Site. In this case, GIVENCHY may not be held responsible. It is stipulated that the customer may always exercise his/her right of withdrawal in accordance with Article 10 below.
Our Product offerings and prices are valid as long as they are visible on the Website, within the limit of available stock. Errors or modifications may exist in exceptional cases, particularly in the case of simultaneous orders of the same Product by several customers.
In any event, and in the case of total or partial unavailability of Products after placing an Order, the Customer will be informed by e-mail as soon as possible of the unavailability of the Product and of the total or partial cancellation of the Order.Please note some exotic and/or fur Products may not be available for sale or delivery in certain states within United States.
In the event of total cancellation of the order, GIVENCHY Customer Service will contact the Customer to inform him/her of the cancellation of his/her Order and proceed with a refund, which will take place as soon as possible within no later than 14 days.
In the event of partial cancellation of the order:
The Order will be confirmed and the bank account will be charged for the entirety of the order
The Customer will be shipped the available Products. Customer Service will contact the customer to inform him/her of the unavailable products and proceed with a refund, which will take place as soon as possible, and no later than 14 days following shipment of the available products.
GIVENCHY reserves the right, at any time and without prior notice, to change the Products offered on the Website. To ensure better quality of service and availability of our Products to all customers of the Website, GIVENCHY reserves the right to limit the quantity of Products a customer can purchase, in accordance with the applicable provisions.
5. Ordering process
5.1. Selection of Products
At any time, the Customer may add Products to his/her selection by clicking on “Add to cart,” and choose to complete his/her purchases or continue his/her browsing.
The customer may view his/her selection by hovering or clicking on “your cart” in the top right menu, where the following will appear: the photo(s) of the Product(s), the color(s) and reference(s), the quantity selected, the unit price(s) and the subtotal of the selection. The Customer may freely modify his/her online “Cart” containing the selected Products, remove an initially selected Product, modify the quantities ordered or add a Product by clicking on the corresponding items made available within the “Cart.”
After selecting the Product(s), click “Check Out” to begin the ordering process.
- Ordering through a Customer account
If the customer already has a Customer account, at this point he/she must identify himself/herself by entering his/her password.
If the customer does not yet have an account, he/she will be invited to create one by entering his/her e-mail address and creating a password. For the Website's mobile version, he/she will be asked to enter this information during the identification process.
Usernames and passwords are strictly personal, therefore the Customer undertakes to keep them safe and to never communicate them to third parties. GIVENCHY shall, in no event, be held liable for any loss, theft or fraudulent use of the Customer's account, in which case the latter undertakes to inform GIVENCHY immediately.
Creating an account allows the Customer to:
- track deliveries and review order history;
- return or exchange Products;
- add or change his/her delivery or billing address for future orders;
- manage his/her subscriptions to the GIVENCHY newsletter.
If the Customer has a Customer account, he/she may have his/her account deactivated at any time by sending an e-mail to Customer Service by clicking on the “Customer Service” link. After deactivating his/her account, the Customer is free to create a new account at any time.
- Ordering as a guest without a customer account
The customer may also log in as a guest, without creating an account. Only a title, first name, last name and e-mail address, as well as the information necessary for the delivery of the Order, are necessary to process the Order. No Customer account will be created and all Customer details will need to be re-entered for future orders.
The data recorded by the Site constitutes proof of all transactions between GIVENCHY and its customers. In the event of conflict between GIVENCHY and one of its customers over a transaction carried out on the Website, the data recorded by GIVENCHY is considered as valid proof of the content of the transaction.
5.3. Confirmation of the order
5.3.a) Confirmation of the delivery method
Information concerning delivery methods may be obtained from the FAQ page as well from the shipping page prior to payment. Shipping charges are to be added to the total price of the Order and will be disclosed to the Customer prior to validation of her/his Order.
The customer must, on one hand, confirm his/her delivery method and, on the other hand, complete the delivery information necessary for the proper shipment of his/her Order: title, first name, last name, telephone number, shipping address (or the store at which he/she would like to pick up the Order, if the Customer has chosen the “in-store pickup” delivery method (see Article “8.1 Delivery and pickup zone" below).
If the customer has chosen the “in-store pickup” delivery method, he/she will have the option to authorize a third party to pick up the Order in his/her name and on his/her behalf. By completing this section, the Customer authorizes a third party thus identified to pick up the Product in Store on his/her behalf and expressly authorizes GIVENCHY to hand over the Products of the Order to this third party. GIVENCHY will verify that the third party who appears in store to pick up the Product corresponds to the person designated by the Customer and will require, for this purpose, the third party to present a form of identification (identity card or passport). GIVENCHY may refuse to hand over the Product to a third party who does not prove his/her identity or to a third party other than the one designated by the Customer when placing the Order on the Website.
Upon confirmation of the delivery method, the Customer may, for a gift Order, include an accompanying card.
Once this step is completed, the Customer must then click “Continue.”
5.3.b) Confirmation of the payment method and payment of the Order
The customer may use his/her shipping address as the billing address or enter a different address. He/she will then be asked to select a payment method and to enter the information related to it, and must then verify the accuracy of his/her selection before confirming the Order.
The Customer will have the option, before finalizing his/her Order, to verify the details of his/her Order and its total price and to correct any errors, before confirming the Order to express his/her acceptance.
At the end of the ordering process described above and after accepting the Terms of Sale and Use in their entirety, as well as the “Data and Cookies” Charter of the Website, the Customer must click on the “Confirm your purchase” button. Any Order entails an obligation to pay.
For more information regarding payment terms (currency, accepted payment methods, etc.), please refer to Article “6. Prices – Accepted payment methods” below.
Once completed, the order is sent to GIVENCHY for processing.
GIVENCHY reserves the right to not accept an Order from a Customer with whom it is in dispute over a previous Order, or if GIVENCHY reasonably believes that the Customer has breached these General Terms and Conditions or has engaged in a fraudulent activity, or for any other legitimate reason.
5.3.c) Acknowledgment of receipt and Confirmation of the order
A summary of the order acknowledging receipt of the order will then be sent by e-mail by GIVENCHY to the Customer.
Once the payment has been confirmed and duly completed, an Order confirmation will then be sent indicating the total amount of the Order, information related to delivery times, key features, and the quantity and price of the Products purchased.
The customer is advised to keep the acknowledgment of receipt of the Order and the e-mail confirmation of the Order on paper or electronically.
When an Order equals an amount equal to or greater than €120, GIVENCHY retains a written record of the contract concluded between GIVENCHY and a Customer electronically for a period between the conclusion of the contract and the date of delivery of the goods, and for a period of ten years from the date of delivery. The customer has access to this document at any time, upon request made to Customer Service by telephone at 1 833 908 0147 (toll-free number for any call made from United States), Monday through Saturday from 10 am to 9pm (Miami time), except holidays, or by e-mail by clicking on the “Customer Service” link and providing a form of identity.
6. Prices - Accepted payment methods
The prices of Products are stated in U.S Dollars but exclude taxes, use and other taxes.
Price do not include shipping costs which are invoiced in addition to the price of the Products purchased. Shipping costs will be shown before the Order is confirmed by the Customer. The various delivery options are set out in the Terms of Sale below and are repeated on the Website. They may be modified by GIVENCHY at any time. GIVENCHY therefore advises Customers to check the Terms of Sale featured on the Website on a regular basis. GIVENCHY does not offer a VAT refund service for purchases that might be eligible for a tax refund.
GIVENCHY reserves the right, at any time and without prior notice, to change the prices of the Products offered on the Website. Products are charged on the basis of the prices displayed on the Site at the time of placing the Order, subject to the availability of the Products ordered at that time.
All orders are payable in U.S Dollars and must be paid immediately upon placing your Order. In the event of unavailability of certain Products ordered, the regulations described in Article 4 “Product Information and Availability” will apply.
6.2. Accepted payment methods
GIVENCHY accepts the following payment methods for purchases on the Website: Visa®, MasterCard®, American Express®, JCB, Discover, CUP credit cards, Paypal and Apple pay and for the orders placed by telephone through Customer Service the following payment methods: Visa®, MasterCard®, American Express®, JCB, Discover CUP credit cards.
For telephone orders: the Customer must confirm with Customer Service that he/she is the holder of the card that he/she is using, provide the card number and expiration date appearing on the front of his/her card, as well as the 3-digit security code appearing on his/her card
For orders on the Website: The Customer must guarantee that he/she is the holder of the card used for payment. Credit card payments are authenticated and secured using the 3D Secure system. This device is also known as “Verified by Visa®,” ”MasterCard® SecureCode,” or “American Express SafeKey®.” During payment, the bank will request personal information from the Customer in Order to verify the identity of the cardholder and to validate the transaction.
How to pay with 3D Secure on givenchy.com
After validating his/her bank details (card number, expiration date, and security code), a new page will be displayed on which the Customer will need to enter the personal information requested by his/her bank. This information may be:
- the answer to a personal question;
- a password previously selected by the Customer;
- a code sent via SMS,
- the Customer's date of birth, etc.
Once the 3D Secure code is entered and validated by the Customer's bank, the order is finalized and the Customer receives a message acknowledging receipt of his/her Order. As authentication is specific to each bank, the Customer is invited to contact his/her bank directly for any questions on the subject.
GIVENCHY will be entitled to charge the agreed payment method corresponding to the Order:
-For all orders other than the orders delivered via in store pick-up: as soon as the Order has been picked-up for shipment, after verification of the payment method and receipt of the authorization to debit the Customer’s card debiting of the Customer's account will take place at the time of the validation of the Order by the bank.
-For orders collected via “in-store” pick-up: as soon as the Order becomes available for collection in the GIVENCHY store selected by the client (and notified to the Customer by email).
In any event, if for any reason the debiting of amounts owed by the Customer proves to be impossible, the sale carried out by telephone will be immediately resolved and the processing of the purchase on the Website canceled.
The information in connection with the Order is subject to automated data processing, for which CYBERSOURCE is responsible. The purpose of this automated data processing is to determine a transaction's analysis level and to combat credit card fraud. CYBERSOURCE and GIVENCHY are the recipients of the data relating to the Customer's Order. The non-transmission of the data relating to the Order prevents the completion and analysis of the transaction. If there is an outstanding debt due to the fraudulent use of a bank card, the contact information in relation to the order associated with this unpaid amount shall be recorded in a payment incident file implemented by CYBERSOURCE. An irregular declaration or an anomaly may also be subject to specific processing.
The customer has, at any time, the right to access, rectify, and oppose all his/her personal data by writing, via mail and with proof of identity, to GIVENCHY - Customer Service - email@example.com
7. Reservation of ownership
The Products ordered remain the full and whole property of GIVENCHY until complete payment of the amount to GIVENCHY in principal, with fees, taxes and compulsory contributions included.
However, the Customer assumes the risks (including loss, theft, or deterioration) associated with the Products delivered from the moment they are delivered to the address indicated at the time of the Order.
8. Terms of delivery and in-store pickup
All products ordered by the Customer in accordance with these Terms of Sale will be delivered to the address indicated by the Customer as the shipping address for the Order in question (the “Shipping Address”).
Information concerning shipping methods may also be obtained from the basket confirmation page, as well as from the Order summary page, prior to payment. Shipping charges are to be added to the total price of the Order and will be disclosed to the Customer prior to validation of her/his Order.
8.1. Delivery and pickup zone
GIVENCHY will not ship an Order if it proves impossible to obtain full payment of the price.
8.1.a) Delivery to a mailing address
The Products purchased on the Website or by telephone through Customer Service can only be delivered to United States as defined above.
It is not possible to place an Order for any shipping address located outside this Delivery Zone. For security reasons, GIVENCHY will not process any order for which a post office, P.O. box, hotel, business address, university campus address or Cedex address is provided.
Products are shipped to the shipping address indicated by the Customer during the ordering process.
8.1.b) GIVENCHY in-store pickup
The Customer has the option to pick up in store his/her order made on the Site or by telephone through Customer Service and to select the store of his/her choice among the GIVENCHY stores offering this option in United States.
The Customer has the option, at the time of placing his/her Order on the Website, to authorize another person to proceed with the pickup of his/her Order in store in his/her name and on his/her behalf (see “5.3 a) Confirmation of the delivery method” above).
8.2. Delivery and pickup times
The Order will be delivered, by express delivery, within an indicative period of time depending on the selective shipping option selected by Customer. Deliveries will be carried out against signature.
Delivery time frames will begin from the shipment of the order by our Customer Service department, made known by the Order shipment notice sent by e-mail to the Customer.
Delivery of the Products ordered will take place within the delivery times communicated by GIVENCHY, and in the absence of any indication, at the latest within 30 days from the Order, subject to the full payment of the price.
8.2.a) Delivery to a mailing address
At the beginning of the ordering process, GIVENCHY specifies the forms of delivery available for the Products purchased.
If, upon delivery, the external packaging is not in perfect condition, the Customer is requested (i) either to open the package in the presence of the carrier in order to verify the condition of the Product(s), or (ii) to refuse delivery and contact Customer Service at 1 833 908 0147 (toll-free number for any call made from United States), Monday through Saturday from 10 am to 9 pm, except holidays.
All deliveries will require an adult signature.
Several shipping options are available to Customer:
Ground day - Free:delivery is estimated to arrive within 4-6 business days from the time that the Customer receives a shipping confirmation email. Order must be placed before 2 p.m. ET. Orders placed after 2 p.m ET, on a week-end or on a holiday will be processed the following business day. Some orders may require an additional 24 hourd to validate and process, which may delay delivery. Some locations in Alaska require also additional time transit time. All orders are shipped by UPS. UPS delivers between 9 a.m and 6 p.m.
2nd day Air Delivery:delivery from Monday through Friday by 6:00 pm for any Order placed online or by phone. This service is not available on holidays. The expected delivery time is 2 business days after placing the Order, if Order is placed before 2 p.m. Delivery cost is 15 USD.
Next day Air Delivery:delivery is estimated to arrive within 1-2 business days from the time that the customer receives a shipping confirmation email. This service is not available on holidays.Order must be placed before 2:00 pm ET. Orders placed after 2:00 pm ET, on a week-end or on a holiday will be processed the following business day. Some orders may require an additional 24 hours to be validated and processed, which may delay delivery.Some locations in Alaska require also additional transit time. All orders are shipped by UPS. UPS delivers between 9:00 am and 6:00 pm Monday to Friday. Delivery cost is 20 USD.
Saturday Delivery:Delivery on Saturday for the orders placed on Friday before 2:00 pm ET. (subject to postal code eligibity for this service) for any order placed online or by phone. Delivery cost is 20 USD.
Premium Delivery:Same-day delivery between 6:30 pm and 9:00 pm, Monday through Saturday, only in NYC (Subject to postal code eligibility for this service) for any order placed before 2:00 pm ET Monday through Saturday. This service is not available on holidays. Delivery cost is 25 USD.
The Customer is notified by email when the package is collected by the carrier and given an exact delivery date. The Customer may opt to receive tracking updates via SMS text message by visiting the UPS website.
If nobody is available to sign for the package, the courier will leave a notification and a contact number. The courier will attempt to deliver the package the following business day. After three consecutive delivery attempts, the package will be returned to the GIVENCHY warehouse and the Order will be cancelled and refunded.
8.2.b) In-store pickup
Availability of the Products purchased in the selected store will take place within the times communicated by GIVENCHY, and in the absence of any indication, at the latest within 30 days from the confirmation of the Order, subject to the full payment of the price.
An e-mail will be sent to the Customer when his/her Order is available in store. The Customer will then have a period of 10 calendar days to pick up his/her Order from the selected store or, as the case may be, ask the third party authorized by him/her in accordance with 5.3 (a) “Confirmation of the delivery method” above
The Customer or the third party authorized by the Customer in accordance with the provisions of Article 5.3 a) above must present his/her receipt (which he/she has received by e-mail), a valid photo ID, and the bank card used to make the payment. An identity verification will then be carried out and, on this occasion, a copy of the identity document may be made, which the Customer expressly accepts by choosing this delivery method. The Product(s) purchased will then be given to the Customer or third party authorized by him/her in accordance with the provisions of Article 5.3 a) above against signature of a pickup Order.
The store may make make copies of all of these documents in order to ensure the security of the Customer and to prevent any fraudulent use of the Customer's identity. If necessary, the Customer undertakes to inform and collect consent from any authorized person pursuant to the provisions of Article 5.3 (a) above concerning (i) the period of 10 calendar days the third party has to pick up the Order in store, (ii) the necessary documents required for the pickup of the Order, and (iii) the fact that this service involves the processing of personal data concerning this person in accordance with Article 14 of these General Terms of Sale.
After the period of 10 calendar days from the notification sent by GIVENCHY to the Customer informing him/her of the availability of his/her Order for pickup in store, and in the absence of contact between GIVENCHY and the Customer via Customer Service, GIVENCHY may cancel the Order and will proceed, in this case, to refund the price of the Order within a maximum period of 14 days.
9. Sending of receipt by mail
The Customer has a period of 12 months from the date of the Product's delivery to request the sending of a receipt via postal service by contacting Customer Service by telephone at 1 833 908 0147 (toll-free number for any call made from United States), Monday through Saturday from 10 a.m to 7 p.m (Miam time), except holidays, or by e-mail by clicking on the “Contact” link in the Customer Service section and providing proof of identity.
10. Returns and refunds
Items purchased from the Website or by phone can be returned for a full refund at no charge to GIVENCHY by mail or to an eligible GIVENCHY store in United States.
10.1. To be eligible for return:
-return merchandise must be postmarked or returned to an eligible GIVENCHY store within thirty (30) days from the date of delivery of the Products.
-Products must be unused and in sellable condition, with all original tags, accessories and instructions booklets attached. Products that have been damaged, worn, soiled or altered will not be accepted for return and sent back to the Customer.
-Shoes outsole are extremely fragile. To be eligible for return, they must remain unmarked and in their original condition. To avoid any damage, we recommend trying on the shoes on a clean, carpeted surface.
-Eyewear cannot be returned after frames have been fitted with prescription or replacement lenses.
-Personalized and made-to-order Products are not eligible for return.
-Product discounted during sales period are not eligible for return.
If the Client is returning an online Order that was originally shipped to the United States he or she may not mail the return shipment from outside the United States or return it to a GIVENCHY boutique/store outside of the United States.
10.2. Procedures for exercising the right of withdrawal
GIVENCHY offers its Customers the option to fill out and submit their withdrawal statement online by logging on to their Customer account or by contacting Customer Service. The Customer will then receive confirmation of his/her withdrawal by e-mail.
The Customer may also, before the expiration of the aforementioned 30-day withdrawal period, use the withdrawal form located at the bottom of these Terms of Sale, or send any other clearly-worded statement expressing his/her desire to withdraw to the following address
GIVENCHY - Customer Service - 1000 NW 57th Ct. Suite 590 Miami FL 33126
10.3.Consequence of the right of withdrawal
Within the framework of a return or in the event of nonconformity of the Product, the Customer may return the purchased Product(s) and request a refund under the conditions described in Article 11 below.
11. Terms of returns and refunds
To return the Products received, the Customer may, according to his/her choice, benefit from a Product collection service at the location of his/her choice (in United States) or return them in eligible store.In the event the Customer elects a return shipping method other than the complimentary return shipping label provided by GIVENCHY, the client shall be responsible for obtaining evidence of return with the costs and the risks entailed in the return being borne by the Customer.
In all cases, the Customer must return the delivered Products in their original packaging; they must be complete (with boxes, accessories, covers, booklets, etc.) and accompanied by the return voucher and/or return number. Products returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably lead to the conclusion that they have been used or worn will not be refunded or exchanged and will be returned to the Customer.
It is stipulated that for orders delivered to third parties who are recipients of gifts ordered by a Customer, from the Site or by telephone through Customer Service, only the customer who bought the gift may request the refund within the framework of the right of withdrawal (to the extent that only the bank account of the person who ordered the product may be re-credited).
11.1. Collection service
a) Free return procedure for orders placed through the Website
The Customer may contact Customer Service (+1 833 908 0147, available Monday to Friday from 10:00 am to 9:00 pm and Saturday from 10:00 am to 7:00 pm Eastern time) to allow for the return of the Product(s) within fourteen (14) days from notification of the exercise of the right of withdrawal, in order to arrange an appointment (date and time slot) for the collection of the said Product(s) by GIVENCHY. In the case of an order placed through the Website, the customer also has the option of dropping off his/her parcel at a UPS Access Point.
If the Products can be subject to the legal right of withdrawal, the buyer, exercising their right of withdrawal under the conditions stipulated in article 10.1 in terms of the time frame and terms of returning the Products, may obtain a refund for the Products returned, as well as for the cost of standard delivery. In the case that the customer has selected a delivery method that costs more than those offered by GIVENCHY, the additional charges will be borne by the customer.
The returned Product(s) will be examined in advance by the GIVENCHY quality department. The customer will be notified of the refund, or the reasons for non-refund, and the terms of returning the Product(s) by Customer Service within fourteen (14) days from the date on which it is informed of the customer's decision to withdraw; this reimbursement may be deferred up to fourteen (14) days after receipt of the Products by GIVENCHY. The refund of the amounts paid for the returned Products will be made, depending on the method through which the Products were paid for, by credit to the bank account corresponding to the bank card used for payment.
Please note, however, that your bank may have specific processing times when it comes to carrying out a refund on your card, depending on processing times. This varies among card issuers, and we are not able to accelerate this process, which is beyond our control.
It is stipulated that these terms apply only to Products purchased through the Website, through Customer Service, or by telephone through our Stores listed above.
11.2. Returns in an eligible GIVENCHY store
n-Store returns are available at certain GIVENCHY stores only. The list of eligible stores can be found in the Returns FAQ section. No refunds or exchanges will be made in-Store. The returned Product(s) will be examined in advance by the GIVENCHY quality department and the customer will be notified of the refund, or the reasons for non-refund, by e-mail or through Customer Service within fourteen (14) days from the date on which it is informed of the customer's decision of to withdraw; this reimbursement may be deferred up to fourteen (14) days after receipt of the Products by GIVENCHY. The refund of the amounts paid for the returned Products will be made, depending on the method through which the Products were paid for, by credit to the bank account corresponding to the bank card used for payment.
11.3.Exchange via Website
In addition to the customer's right to withdraw and return Products in accordance with Articles 10 and 11 hereof, the customer may also change his mind and exchange a Product within thirty (30) days, under the conditions applicable to section 11.
In the event that a product is defective, please refer to article 12 hereof.
In the event of an exchange request, the customer may exchange the Product(s) via the Website. For this, the customer must specify in the appropriate section of the Website which Product(s) he wishes to receive in exchange for his order within thirty (30) days from the designated date of receipt of said Product(s).
The number of exchanged Products must be identical to the number of Products returned and of the same reference and the same pricing. For example, the customer will not be able to exchange a bag for another type of bag, or a bag for a pair of shoes.
Personalized Products or made at the request of the customer, damaged Products as well as Products sealed (for example, swimsuits) but which have been unsealed after delivery cannot be returned and exchanged for reasons of hygiene or protection of health and will be return when applicable to client under the same conditions as under article 10.
Without prejudice to the customer's rights provided for in Article 10, GIVENCHY reserves the right, within the framework of its exchange policy, to refuse an exchange beyond two (2) successive orders.
The customer may not make two exchanges for the same order, in the event of wishing to exchange Product(s) which have already been the subject of an exchange, the customer may return the Product(s) by contacting the Customer service by phone and get reimbursed.
The exchange of Product(s) is subject to the availability of said Product(s) on the Site. In the event that the Product(s) is/are unavailable, the customer will be reimbursed under the conditions provided for in Article 11.
The transport costs of the first delivery will be reimbursed (except for additional costs resulting from the client's choice to use another type of delivery than the standard delivery offered) but the transport costs of the second delivery will be invoiced according to the delivery method chosen. The new sale will be subject to the General Conditions of Sale in force at the time of the exchange.
12. Defective Products
All products offered for sale via the Website or by telephone may be returned by the Customer if they are defective free of charge.
For any information, claim, or question relating to these Terms of Sale or to the Products themselves, the Customer should contact GIVENCHY Customer Service by telephone 1 833 908 0147 toll-free number for any call made from United States), or on the Website via the available form in the Customer Service “Contact” section, providing his/her Order number if necessary.
14. Electronic Files/Privacy
GIVENCHY acts to ensure that a high level of security is guaranteed in relation to the personal information of its Customers. However, the Customer also has a role to play in the protection of his or her personal data. In particular, the client must keep his or her online transactions secure by, for example, never disclosing identifiers (the Customer’s email address) and/or passwords to anyone and by changing passwords on a regular basis. GIVENCHY cannot therefore be held liable with regard to the disclosure of any information concerning the client to any individual having used the Customer’s identifier (email address) and/or password. The user of the Customer’s identifier (his or her email address) and/or password will therefore be taken as proof of identity and render the corresponding amounts due, once the Order has been validated. GIVENCHY shall not under any circumstances be held liable with regard to the fraudulent use of such information. Provision of a credit or debit card number and the final validation of the Order will be taken as evidence of acceptance of the said Order and render due the amounts committed by the entry of the products making up the Order.
The automated registers saved in the IT systems of GIVENCHY and its partners will be considered as evidence proving the communications, Orders and payments made by and between the Parties.
15. Force Majeure
The performance by GIVENCHY of all or part of its obligations will be suspended upon the occurrence of an event of force majeure which would impede or delay such performance.
GIVENCHY will inform the Customer of the occurrence of any such fortuitous event or event of force majeure within seven (7) days. Should this suspension continue for more than fifteen (15) days, the Customer would then have the option to terminate any outstanding orders, and a refund would then be paid under the conditions set out in article 10 of these Terms of Sale.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL GIVENCHY BE LIABLE FOR ANY INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT OR ANY FUNDAMENTAL BREACH OF THIS AGREEMENT. THIS TERM MAY BE VOID, INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART IN THE STATE OF NEW JERSEY.
GIVENCHY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO GIVENCHY FOR THE PURCHASE OF SUCH PRODUCTS.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING ANY OF THE FOREGOING AND EXCEPT AS OTHERWISE PROVIDED IN WRITING, ANY PRODUCTS SOLD TO YOU ARE ON AN “AS IS” BASIS, WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE; HOWEVER, BECAUSE SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATIONS, OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Language of the contract
For the convenience of customers, the Website and the Terms of Sale are available in four languages: English, Spanish, French and simplified Chinese. However, in the event of a contradiction between the English version and another language version, the English version shall prevail. Only the English version of the Terms of Sale shall prevail between the Parties.
18. Applicable Law – Disputes
These General Terms of Sale are governed and interpreted in accordance with the laws of the State of New York.All disputes arising under these Terms of Sale shall be submitted to the jurisdiction of the competent courts in New York, New York.
If either Party decides not to take action against the other Party in the event of a breach of any one of its obligations set out within these Terms of Sale, this may not be interpreted for the future as a waiver of the obligation in question.
19. Notice to New-Jersey residents
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Sale do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: Articles 16 and 18. Specifically, nothing in these General Terms and Conditions of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to dispute resolution, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Sale and New Jersey law, New Jersey law will govern.
(Please complete and return this form only if you wish to withdraw from the contract).
- To the attention of GIVENCHY - Customer Service, 1000 NW 57th Ct. Suite 590 Miami FL 33126, or firstname.lastname@example.org
I/We [*] hereby notify you [*] of my/our [*] withdrawal from this contract for the sale
of the good [*]/ for the provision of service [*]below
Good ____________________ [reference] __________
Ordered on [*]/received on [*]: ______________
Name of consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in the case of notification of this form on paper)
[*] Cross out as appropriate.
PLEASE NOTE THAT THESE TERMS APPLY IN ADDITION TO OUR STANDARD TERMS AND CONDITIONS ABOVE
This page (together with the documents we refer to on it) tells you specific additional legal terms and and conditions (“Terms”) on which we sell on our US website (our “Site”) to you the references issued from GIVENCHY’s collaboration with BSTROY listed below (the “COLLAB PRODUCTS”) and offer an associated BSTROY x Givenchy by Felt Zine non-fungible token (“NFT”) on the Ethereum blockchain. The NFT is associated the digital twin of the COLLAB PRODUCT with a graphical elements designed by Felt Zine(“Artwork”) selected to be part of the NFT Special Package project.
BMJOJH3Y9H001 : TWO HOODS HOODIE
BM011T6Y1R001 : HOOD VARISTY WOOL & GRAINED LEATHER
BM71GX3Y9J001 : CLASSIC FIT TSHIRT
BW00JV6Y1Q693 : SHARK LOCK WRAPED BOOT BIKER
BH0080H1DW494 : TK 360 PLUS MID SNEAKERS
BE702ME1ML457 : CROPPED VARSITY LEATHER SLEEVES
The COLLAB PRODUCT along with the NFT and associated Artworks are referred to as the “NFT Special Package” below, the COLLAB PRODUCT and the NFT being considered as inseparable and offered to you as a sole and unique experience and product.
Please note that this NFT might give you early access to our upcoming Locks program (details to follow) and potentially to free additional NFTs that we might push within your NFT electronic account (i.e. compatible Ethereum account).
These Terms together with our standard terms and conditions above constitute a contract between us for the sale of the NFT Special Package to you (Contract). Please read these Terms as well as our standard terms and conditions carefully and make sure that you understand them before ordering the NFT Special Package from our site.
By ordering the NFT Special Package, you undertake not to be underage and agree to be bound by these Terms and the other documents referred to in these Terms. Please print a copy of these Terms for future reference.
GIVENCHY sells on its website to final customers only. Any order that obviously does not correspond to a retail sale and, more generally, any fraudulent order or order deemed as such, will be considered by GIVENCHY to be null and void. GIVENCHY reserves the right to restrict the quantities of any item delivered to the same purchaser and/or to the same postal address.
We may amend these Terms from time to time. Every time you order a NFT Special Package from our site, please check these Terms to ensure you understand the terms which will apply at that time.
A. IMPORTANT LIMITATION ON RETURNS OF THE NFT SPECIAL PACKAGE
If you purchase the COLLAB PRODUCT as part of the NFT Special Package, then notwithstanding anything contrary included in these Terms or in our standard return and refund policy (sections 10 and 11 of our standard terms and conditions above), THE SALE WILL BECOME “FINAL” and you may not return the COLLAB PRODUCT (or the NFT Special Package) once you have accessed your NFT in accordance with section B below due to the digital nature of the content of the NFT Special Package Accordingly, you expressly agree that if you click on the hyperlink mentioned in section B 1.2 below to access your NFT during the return period referred to in our standard return and refund policy, you waive your right of returning the NFT Special Package (including the COLLAB PORUDCT) because de performance of the NFT Special Package would be deemed as having started at your request.
B. LICENSE TO THE NFT AND ASSOCIATED ARTWORK
1. REDEEMING YOUR NFT AND ACCESSING ITS ASSOCIATED ARTWORK
1.1. We used smart contracts stored in the Ethereum blockchain to generate our initial series of NFTs. We will release a certain number of NFTs and allow certain customers purchasing eligible NFT Special Package on our site to redeem them. Be aware that each smart contract provides for royalties to be paid on secondary sales, if any, as follows: 3% to BSTROY, 5% to Felt Zine and 2% to Aura Blockchain Consortium.
1.2. Each NFT will be stored in a personal Ethereum electronic account. Following completion of the purchase of your NFT Special Package on GIVENCHY website and as from the seventh day after shipment of the COLLAB PRODUCT to you, you will be able to redeem your NFT and access its associated Artwork as follows:
Through a NFT Redeem email sent within seven days following the date of purchase of your NFT Special Package to your email address which you have given to Givenchy, you will have access to a unique hyperlink to request your NFT during a period expiring after 30 days after the receipt of the Reedem email. Please note that to access your NFT, you will need to have a Metamask (metamask.io) crypto wallet or any other compatible Ethereum crypto wallet. PLEASE NOTE THAT ONCE YOU HAVE CLICKED ON THE HYPERLINK TO REQUEST YOUR NFT ELECTRONIC ACCOUNT YOU WILL NOT BE ABLE TO RETURN THE COLLAB PRODUCT ANYMORE (please refer to Section B. 1.4 below)
(c) Once you have clicked on the hyperlink, an e-mail containing a hyperlink through which you will be able to access to your private key and activate your Ethereum electronic account (and therefore access to your NFT and the associated Artwork) will be sent to you. PLEASE MAKE SURE YOU COPY OR DOWNLOAD YOUR PRIVATE KEY AS IT WILL NOT BE POSSIBLE TO RE-SEND YOU OR PROVIDE YOU WITH YOUR PRIVATE KEY AGAIN.
1.3. The NFT and associated Artwork is provided to you in the context of the purchase of one of our NFT Special Packages. You will only be able to click on the link, access the Ethereum electronic account and obtain the NFT once you have followed the process described above.
1.4. The COLLAB PRODUCT and the NFT being considered as inseparable and offered to you as a sole and unique experience and product, you agree that in case you click on the hyperlink mentioned in Section B. 1.2 (b) above to have access to your NFT during the return period referred to in our return policy above, you will lose your right of return.
1.5. In the same fashion, in case you return your COLLAB PRODUCT in the conditions set out in our return policy above, you agree that the NFT will not be accessible anymore.
2. OWNERSHIP OF THE NFT AND ASSOCIATED ARTWORK
2.1. You are the exclusive owner of the NFT, which is a cryptographic token on the Ethereum blockchain associated with GIVENCHY’s Artwork, but you do not own the underlying Artwork itself or any rights in the Artwork. This means that you have the right to dispose of your NFT, including to trade it, sell it, or give it away, in accordance with these Terms and in your sole and exclusive responsibility.
2.2. GIVENCHY and/or its licensors own all right, title and interest in and to the Artwork and any text, graphics, photographs, logos, data, computer code and other materials contained in the Artwork, including but not limited to any copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein. We reserve all rights in and to the Artwork that are not expressly granted to you in these Terms. GIVENCHY grants you a limited license to the Artwork as detailed under Section B. 3 of these Terms.
3. LICENSE ON THE ARTWORK
3.1. (i) General use. Subject to your compliance with these Terms, GIVENCHY grants you a worldwide, non-exclusive, non-transferable, royalty-free license to perform the Artwork; and
(ii) to market, promote, advertise and sell the NFT associated with the Artwork.
3.2. Commercial use. NFT owners may sell, trade, transfer, or use their NFTs, but may not make “commercial use” of the Artwork associated with their NFTs including, for example, by creating and selling copies of Artwork, licensing the Artwork for commercial purposes (e.g., to sell merchandise, products or services), or otherwise commercially exploiting the Artwork. You hereby acknowledge that your right to sell or transfer the NFT on specific platform or marketplace (ie secondary market) is subject to payment of the royalties defined in section 1.1. above applicable on the compensation you receive from the relevant purchaser. You hereby undertake and warrant to provide GIVENCHY with any information or personal data that would be requested to comply with any applicable regulations. You further acknowledge that any transaction related to the sale of the NFT requires the payment of the Blockchain Fees (e.g. the gas fee) for which you will be solely liable.
3.3. The license is granted for five (5) years as from your receipt of the NFT (or on the date on which the Ethereum blockchain ceases to exist if such date occurs prior to such 5-year period) only to the extent that you continue to own the NFT.
3.4. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your NFT for any reason, the license granted herein will immediately expire with respect to that NFT without the requirement of notice, and you will have no further rights in or to the Artwork for that NFT.
3.5. You acknowledge and agree that, if you are in breach of these Terms, in addition to any remedies that may be available to GIVENCHY at law or in equity, GIVENCHY may immediately terminate the license that was granted to you without notice and, to the maximum extent permitted by applicable mandatory laws, you will be responsible to reimburse GIVENCHY for any costs and expenses incurred by GIVENCHY during the course of enforcing these Terms against you.
4. PROHIBITED CUSTOMER ACTIVITY REGARDING THE ARTWORK
4.1. Unless expressly permitted in these Terms or with our written consent, you may not: (i)modify the Artwork associated to your NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;
(ii) use the Artwork associated to your NFT to advertise, market, or sell any third party product or service;
(iii) use the Artwork associated to your NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
(iv) use the Artwork associated to your NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section B. 3 above or solely for your own personal, non-commercial use;
(v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Artwork associated to your NFT;
(vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork associated to your NFT; or
(vii) otherwise utilize the Artwork associated to your NFT for your or any third party’s commercial benefit.
4.2. To the extent that Artwork associated to your NFT contains any third-party intellectual property rights (e.g., licensed intellectual property from BSTROY or FELTZINE), you understand and agree as follows:
(i) that you will not have the right to use such third- party intellectual property rights in any way except as incorporated in the Artwork associated to your NFT, and subject to the license and restrictions contained herein;
(ii) that, depending on the nature of the license granted from the owner of the third-party intellectual property rights, GIVENCHY may need to pass through additional restrictions on your ability to use the Artwork; and
(iii) to the extent that GIVENCHY informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these Terms.
4.3. The restriction in this Section will survive the expiration or termination of these Terms.
5. WARRANTY AND LIABILITY PRINCIPLES APPLICABLE TO THE NFT
5.1. To the maximum extent permitted by applicable mandatory laws, the NFT and associated Artwork are provided “as is” and “as available” excluding any warranties of any kind, including, without limitation, any warranty for information, data, uptime or uninterrupted access, any warranties concerning the availability, correctness, accuracy, reliability, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We do not warrant that the NFT and associated Artwork, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the NFT will meet your requirements. No advice, results or information, whether oral or written, obtained by you from us or in relation to the NFT and/or associated Artwork shall create any warranty not expressly made herein.
5.2. To the maximum extent permitted by applicable mandatory law, we will not be liable to you for any loss or damage, whether in contract, tort, negligence, breach of statutory duty, or otherwise and howsoever arising, even if foreseeable, arising under or in connection with the use of, or inability to use, the electronic account, the NFT and associated Artwork, including but not limited to any losses, damages or claims arising from: (i) your error, such as forgotten passwords or incorrectly construed transactions; (ii) server failure or data loss; (iii) corrupted account files; or (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, bruteforcing or other means of attack against the app, network, or the electronic account.
5.3. GIVENCHY is not responsible for losses due to blockchains or any other features of the Ethereum network or the electronic account, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum network, including forks, technical node issues, or any other issues having fund losses as a result. You acknowledge and agree that such technologies are novel, experimental and speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing laws thereto.
5.4. We have no control over any third party, marketplaces, websites or application which you will need for the use, purchase, sale of your NFT or its associated Artwork (the “Third Parties Sites”). You acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third Parties Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any Third Parties Sites. Please read the general terms applicable to such Third Parties Sites as you will be required to comply with such terms.
5.5. following the redemption of the NFT, you will assume all responsibility for any obligation , including tax obligation, to be complied with in your country of residence, including but not limited to the correct tax treatment to be applied to the ownership use or resale of the NFT, obligation to file any tax return or communication to the relevant tax authorities concerning NFT and/or related cryptocurrencies, releasing GIVENCHY for all purposes form any liability or obligation.