Massimo Dutti
Terms & Conditions
1.
INTRODUCTION
These are the terms and conditions governing the use of this
website and the agreement that operates between us and you (hereinafter, "the
Terms"). These Terms set out the rights and obligations of all users
(hereinafter, “you” / "your") and those of MASSIMO DUTTI (hereinafter, "us" /
"our" / "we" / "the Vendor") in relation to the goods/services offered by us
through this website or any of the other websites to which we may link
(hereinafter, collectively known as the "Massimo Dutti Services"). Before you
click on the "Authorize Payment" button at the end of the ordering process,
please carefully read these Terms and our Privacy Statement. By using this
website or placing an order through it, you are consenting to be bound by these
Terms and our Privacy Statement. If you do not agree to all of the Terms and the
Privacy Statement, do not place an order.
These Terms may be subject to amendment, so you should
carefully read them prior to placing any order.
If You have any questions about the Terms or the Privacy
Policy, You may access our web site or contact us through our contact web form.
ITX E-commerce Ireland Limited trading as MASSIMO DUTTI is an Irish company
registered under company number 432265 with its registered address at Hainault
House, 5th Floor, 69-71 St. Stephen’s Green, Dublin 2, Ireland. Our
VAT number is GB894528377.
2. USE
OF OUR WEBSITE
These Terms are the only conditions that are applicable to
the use of this website and they replace all other conditions, except with the
express, prior written agreement of the Vendor. These Terms are important for
both you and us as they have been designed to create a legally binding agreement
between us, protecting your rights as a valued customer and our rights as a
business. You agree that, by placing your order, you unreservedly accept these
Terms, having read them.
You agree that:
1.
You may only use the website to make
legitimate enquiries or orders.
2.
You will not make any speculative,
false or fraudulent orders. If we are reasonably of the opinion that such an
order has been made, we shall be entitled to cancel the order and inform the
relevant authorities.
3.
You also undertake to provide correct
and accurate e-mail, postal and/or other contact details to us and acknowledge
that we may use these details to contact You in the event that this should prove
necessary (see our Privacy Statement ).
4.
If You do not give us all of the
information that we need, we may not be able to complete your order.
By placing an order through the website, you warrant that You
are at least 18 years old and are legally capable of entering into binding
contracts.
3.
SERVICE AVAILABILITY
The items we offer on this website are only available in the
following countries: Germany (except for the Island of Heligoland), Spain,
France (except for the Overseas Departments), Italy (except for San Marino,
Liviano, Campione d’Italia, and Lake Lugano), United Kingdom (Mainland only),
Ireland, Austria, Holland, Switzerland, Monaco, Denmark, Sweden and Norway.
4. HOW
THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained
on this website do not constitute an offer for sale but rather an invitation to
treat. No contract in respect of any products shall exist between you and us
until your order has been accepted by us. If we do not accept your offer and
funds have already been deducted from your account, these will be fully
refunded.
To place an order, you will be required to follow the
shopping process online and press the "Authorize payment" button to submit the
order. After this, you will receive an e-mail from us acknowledging that we have
received your order (the "Order Confirmation"). Please note that this does not
mean that your order has been accepted, as your order constitutes your offer to
us to buy one or more products from us. All orders are subject to acceptance by
us, and we will confirm such acceptance to you by sending you an e-mail that
confirms that the product has been dispatched (the "Shipment Confirmation”). The
contract for the purchase of a product between us (Contract) will only be formed
when we send you the Shipment Confirmation.
The Contract will relate only to those products whose
dispatch we have confirmed in the Shipment Confirmation. We will not be bound to
supply any other products which may have been part of your order until the
dispatch of such products has been confirmed in a separate Shipment
Confirmation.
5.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in
this regard, in the event of supply difficulties or because products are no
longer in stock, we reserve the right to give you information about substitute
products of an equal or higher quality and value which you can order. If you do
not wish to order such substitute products, we will refund any monies that You
might have paid.
6.
REFUSAL OF ORDER
We reserve the right to withdraw any products from this
website at any time and/or remove or edit any materials or content on this
website. Whilst we will make our best efforts to always process all the orders,
there may be exceptional circumstances which mean that we may need to refuse to
process an order after we have sent you an Order Confirmation, which we reserve
the right to do at any time, at our sole discretion.
We will not be liable to You or any other third party by
reason of our withdrawing any product from this website, whether it has been
sold or not, removing or editing any materials or contents on this website or
for refusing to process or accept an order after we have sent You the Order
Confirmation.
7.
YOUR RIGHTS TO CANCEL "Cooling Off"
If you are contracting as a consumer, You may cancel a
Contract at any time within 30 days, as of the confirmation of the dispatch of
your order or, if later, within 8 working days of the
date on which you receive the products ordered. In
this case, you shall receive a full refund of the price paid for the products in
accordance with our Returns Policy (see below Clause 13).
Your right to cancel a Contract only applies to products that
are returned in the same condition as you received them. You should also include
all of the products instructions, documents and wrappings. Any product which is
damaged or not in the same condition as you received it or which is worn simply
beyond opening the product will not be refunded. You should therefore take
reasonable care of the product(s) while they are in your possession.
You will not have any right to cancel a Contract for the
supply of any of the following products:
1.
Customized items
2.
Music CDs/DVDs; whose original
wrapping has been removed
Please take good and reasonable care of the products whilst
in your possession, and where possible original boxes, instructions/documents
and wrappings should be retained and used for the return of the products.
Further details of this statutory right and an explanation on
how to exercise it are set out in clause 13 of these Terms and are summarized on
the Dispatch Confirmation.
This provision does not affect your statutory rights as a
consumer.
8.
DELIVERY
Subject to availability, (see Clause 5 above), and unless
there are any exceptional circumstances, we will endeavor to fulfill your order
for product(s) listed in the Order Confirmation by the delivery date set out in
the Order Confirmation or, if no estimated delivery date is specified, within 15
days of the date of the Order confirmation.
Reasons for delay could include:
1.
Customization of products;
2.
Specialized items;
3.
Unforeseen circumstances; or
4.
Delivery area;
If for any reason whatsoever, we cannot meet the delivery
date, You will be kept informed thereof and offered a choice of either
continuing with the purchase by setting an extended delivery time or cancelling
the order with a full refund of the price paid. Please note however, that we do
not deliver on Saturdays or Sundays.
For the purpose of these Terms, the "delivery" shall be
deemed to have occurred or the goods shall be deemed to “have been delivered”
upon signing for receipt of the products at the agreed delivery address.
9.
UNABLE TO DELIVER
If we are unable to deliver the goods after two attempts, we
will try to find a safe secure place to leave your parcel. We will leave a note
explaining where your parcel is and how You can rearrange delivery. If You are
not going to be at the delivery location at the time agreed, please contact us
to rearrange delivery for another mutually convenient day.
10.
RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to You when we
receive full payment of all sums due in respect of the products, including
delivery charges, or upon delivery (as defined in clause 8 above), whichever is
the later.
11.
PRICE AND PAYMENT
While we take care to ensure that all prices quoted on our
website are accurate, errors may occur. If we discover an error in the price of
any product(s) You have ordered, we will inform You as soon as possible and give
You the option of reconfirming the order at the correct price or cancelling it.
If we are unable to contact You, the order will be treated as cancelled and if
You have already paid for the product(s) You will receive a full refund.
We are under no obligation to sell the product(s) to You at
the incorrect (lower) price (even after we have sent You an Order Confirmation)
if the pricing error is an obvious typographical or arithmetical inaccuracy and
could have reasonably been recognized by You as such.
The prices displayed on our website include VAT but exclude
delivery costs, which will be added to the total amount due as set out in our
Delivery Costs Guide.
We reserve the right to decline orders for bulk or high value
purchases and to change price and availability information without notice. Other
than as set in Clauses 11.1-11.2, changes will not affect orders in respect of
which we have already sent an Order Confirmation.
Once You have finished shopping all the items You wish to
purchase are added to your basket. Your next step will be to go through the
checkout process and make payment. To do this:
1.
Click the "Shopping bag" button at
the top of the page.
2.
Click on the "Checkout" button.
3.
Fill-in or check your contact
details, the details of your order, the delivery address and the invoicing
address.
4.
Fill in your credit card details.
5.
Click "Authorize payment"
Payment can be made by Visa, MasterCard, PayPal and American
Express ('Card(s)'). We use Akamai to ensure payment is made safely and your Card details will be
encrypted to minimize the possibility of unauthorized access or disclosure.
Authority for payment must be given at the time the order is made. By clicking
“BUY NOW” You are confirming that the Card is yours. The amount authorized by
you will not be taken until your order is dispatched for delivery. If payment is
made via PayPal the amount will be charged upon confirmation of your order.
Cards are subject to validation checks and authorization by
your Card issuer. If we do not receive the required authorization, we will not
be liable for any delay or non-delivery.
12.
VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force,
all purchases done through the web site are subject to the Value Added Tax
(VAT), except for those to be supplied directly to customers the Canary Islands,
Ceuta and Melilla.
In this regard and pursuant to Chapter I of Title V of
Council Directive 2006/112/EC of 28 November 2006, on the common system of value
added tax, the place of supply shall be deemed to be within the Member State of
the address where items shall be delivered, and applicable VAT shall be at the
prevailing rate in each Member State where items are to be supplied as per the
orders placed.
Pursuant to the applicable rules and regulations in each
jurisdiction, the rule of the "reverse charge" (article 194 of Directive
2006/112) may apply to goods supplied in certain Member States of the European
Union if the customer is or is required to be a taxable person for VAT purposes.
If this is the case, no VAT would be charged by us, subject to the confirmation
by the recipient that the VAT on the items supplied would be accounted for by
the customer under the reverse charge procedure.
As regards orders to be supplied in the Canary Islands and
Ceuta and Melilla, they would be VAT exempt as provided under article 146 of the
above referred Directive, subject to the application of the relevant taxes and
custom duties pursuant to the prevailing rules and regulations.
13.
EXCHANGES/RETURNS POLICY
General policy: If You wish
to return a product(s) within the period specified in Clause 7 above, You can
make a return to us at any of the MASSIMO DUTTI stores in the country where your
product was delivered or by Courier arranged by us. In the latter case You
should contact us through our web form to arrange for the product to be
collected. Neither option will entail any additional cost to You. You should
send the product in the same package received by following the directions on the
“RETURNS” section of our website
You will be responsible for the cost of returning the product
to us where You are not able to do so via one of the two free options offered.
In this case, if You return the goods to us at our expense, we will be entitled
to charge You for the direct cost we incur as a result.
If You have any doubts You can contact us through our web
form or at the telephone number 0 808 234 02 05.
Product exchange or return in-store at MASSIMO DUTTI: If there is a MASSIMO DUTTI store located in the country where
your product was delivered, You may return it, in person, to a store itself. You
must present with it, fully completed, the RETURNS FORM received on
delivery.Items can only be returned in Massimo Dutti store that have the same
section of the articles that you would like to return.
Where possible, please use or include with the product being
returned all original boxes, instructions/documents and wrappings.
We will process your refund as soon as possible (and in any
case, within 30 days of giving us notice of cancellation). We will refund any
money received from You using the same method used to make payment.
You should be aware that You are under an obligation to take
reasonable care of the product(s) whilst they are in your possession. This means
including all of the product(s) instructions, documents and wrappings when
returning the product(s) and returning the product(s) in the same condition as
received. Failure to exercise such reasonable care may, depending on the
circumstances, give rise to a right of action against You for breach of
statutory duty.
Exchange is limited to exchange for the same product, of a
different size or colour.
In circumstances where You consider that the product does not
conform to the Contract at the time of delivery, You should promptly contact us
via our web form with details of the product and its damage. Alternatively You
can contact us by telephone on (pending) where You will receive instructions
from us. You may also return the product to us in any MASSIMO DUTTI store
located in your country of residence or by giving it to the Courier arranged by
us.
Upon receipt of the product, we will fully examine it and
notify You of your right to a replacement or refund (if any) via e-mail within a
reasonable period of time. We aim to process the refund or replacement as soon
as possible and, in any case, within 30 days of the day we confirmed to You via
e-mail that You are entitled to a refund or replacement.
Defective products will be refunded in full, including a
refund of the delivery charges and any reasonable costs incurred by You in
returning the item. We will always refund any money using the method used to
make payment.
THE PROVISIONS SET OUT IN THIS CLAUSE 13 DOES NOT AFFECT YOUR
STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS OR YOUR RIGHT TO
CANCEL ORDERS UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS.
14.
LIABILITY AND DISCLAIMERS
Our liability in connection with any Product purchased
through our web site is strictly limited to the purchase price of that Product.
Nothing in these Terms shall exclude or limit in any way our
liability:
1.
For death or personal injury caused
by our negligence;
2.
For fraud or fraudulent
misrepresentation;
3.
For any matter for which it would be
illegal or unlawful for us to exclude or limit, or attempt to exclude or limit,
our liability.
Subject to the foregoing paragraph and to the fullest extent
permitted by law, and unless otherwise stated in these Terms, we accept no
liability for indirect losses which happen as a side effect of the main loss or
damage however arising and whether caused by tort (including negligence), breach
of contract or otherwise, even if foreseeable, including (without limit) for
any:
4.
loss of income or revenue;
5.
loss of business;
6.
loss of profits or contracts;
7.
loss of anticipated savings;
8.
loss of data; and
9.
waste of management or office time.
Due to the open nature of this website and the potential for
errors in the storage and transmission of digital information, we do not warrant
the accuracy and security of information transmitted to or obtained from this
website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on
this website are provided "as is" and without warranties express, implied or
otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but
without excluding anything that may not lawfully be excluded in the case of
consumers, we disclaim all other warranties of any kind.
Nothing in this Clause will affect your statutory rights as a
consumer, or your Contract cancellation rights.
15.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and
all other intellectual property rights in all material or content supplied as
part of the website shall remain at all times vested in us or in our licensors.
You are permitted to use this material only as expressly authorized by us or our
licensors. This does not prevent You using this website to the extent necessary
to make a copy of any order or Contract details.
16.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or
communications we send to You should be in writing. When using our site, You
accept that communication with us will be mainly electronic. We will contact You
by e-mail or provide You with information by posting notices on our website. For
contractual purposes, You agree to this electronic means of communication and
You acknowledge that all contracts, notices, information and other
communications that we provide to You electronically comply with any legal
requirement that such communications be in writing. This condition
does not affect your statutory rights.
17.
NOTICES
All notices given by You to us should be given to us via our
web form. Subject to and as otherwise specified in clause 16 above, we may give
notice to You at either the e-mail or postal address You provide to us when
placing an order.
Notice will be deemed received and properly served
immediately when posted on our website, 24 hours after an e-mail is sent, or
three days after the date of posting of any letter. In proving the service of
any notice, it will be sufficient to prove, in the case of a letter, that such
letter was properly addressed, stamped and placed in the post and, in the case
of an e-mail that such e-mail was sent to the specified e-mail address of the
addressee.
18.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between You and us is binding on You and us and
on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of
a Contract, or any of your rights or obligations arising under it, without our
prior written consent.
We may transfer, assign, charge, sub-contract or otherwise
dispose of a Contract, or any of our rights or obligations arising under it, at
any time during the term of the Contract. For the avoidance of doubt, any such
transfer, assignment, charge or other disposition will not affect your statutory
rights as a consumer or cancel, reduce or otherwise limit any warranty or
guarantee which may have been provided by us to You, whether express or implied.
19.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to
perform, or delay in performance of any of our obligations under a Contract that
is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event,
non-happening, omission or accident beyond our reasonable control and shall
include in particular (without limitation) the following:
1.
Strikes, lock-outs or other
industrial action.
2.
Civil commotion, riot, invasion,
terrorist attack or threat of terrorist attack, war (whether declared or not) or
threat or preparation for war.
3.
Fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster.
4.
Impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private
transport.
5.
Impossibility of the use of public or
private telecommunications networks.
6.
The acts, decrees, legislation,
regulations or restrictions of any government.
7.
Any shipping, postal or other
relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended
for the period that the Force Majeure Event continues, and we will have an
extension of time for performance for the duration of that period. We will use
our reasonable endeavors to bring the Force Majeure Event to a close or to find
a solution by which our obligations under the Contract may be performed despite
the Force Majeure Event.
20.
WAIVER
If we fail, at any time during the term of a Contract, to
insist upon strict performance of any of your obligations under the Contract or
any of these terms and conditions, or if we fail to exercise any of the rights
or remedies to which we are entitled under the Contract, this shall not
constitute a waiver of such rights or remedies and shall not relieve You from
compliance with such obligations.
A waiver by us of any default shall not constitute a waiver
of any subsequent default.
No waiver by us of any of these Terms shall be effective
unless it is expressly stated to be a waiver and is communicated to You in
writing in accordance with the provisions of the paragraph on Notices above.
21.
SEVERABILITY
If any of these Terms or any provisions of a Contract are
determined by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.
22.
ENTIRE AGREEMENT
These Terms and any document expressly referred to in them
represent the entire agreement between You and us in relation to the subject
matter of any Contract and supersede any prior agreement, understanding or
arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this
Contract, neither You nor us has relied on any representation, undertaking or
promise given by the other or be implied from anything said or written in
negotiations between You and us prior to such Contract except as expressly
stated in these Terms.
Neither You nor us shall have any remedy in respect of any
untrue statement made by the other, whether orally or in writing, prior to the
date of any Contract (unless such untrue statement was made fraudulently) and
the other party´s only remedy shall be for breach of contract as provided in
these Terms.
23.
OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time
to time.
You will be subject to the policies, Terms in force at the
time that You order products from us, unless any change to those policies, Terms
or Privacy Statement is required to be made by law or governmental authority (in
which case it will apply to orders previously placed by You).
24.
LAW AND JURISDICTION
Contracts for the purchase of products through our site will
be governed by Irish law.
Any dispute arising from, or related to, such Contracts shall
be subject to the non-exclusive jurisdiction of the Irish courts.
If You are contracting as a consumer, nothing in this clause
will affect your statutory rights as such.
25.
FEEDBACK
We welcome your comments and feedback. Please send all
feedback and comments to us via our web form. |