General Conditions of Sale
- General provisions
- Identification of the vendor
- Information on Products and their availability
- Price
- Execution of the contract
- Method of payment
- Transport and delivery
- Dispatching and delivery confirmation
- Wrapping or packaging
- Right of withdrawal
- Personalized Products
- Replacement of Products
- Lack of conformity
- Guarantee of authenticity and intellectual property rights
- Applicable law and competent jurisdiction
- Contacts
1. General provisions
1.1. These general conditions of sale (“General Conditions”) apply to all sales of Alexander McQueen products (“Products” or “Product”) through the website https://www.alexandermcqueen.com (“Website”).
1.2. The sale of Products under these General Conditions is only available to consumers (“Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18.
1.3. The language used to enter any contract of sale through this Website is French.
1.4. Clients are required to read carefully these General Conditions, which areavailable on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions will be sent to the Client by Alexander McQueen according to Section 5.10 below. Contracts of saleexecuted with Clients will be archived by Alexander McQueen for the retentionperiod required by applicable law.
2. Identification of the vendor
2.1. The vendor is Alexander McQueen, a company part of Kering Group,with registered office in 5th Floor Rear Suite Oakfield House 35 Perrymount, Haywards Heath, West Sussex, RH16 3BW, UK, VAT no. GB 805355540, number of register of incorporation 04438273, (“Alexander McQueen”).
3. Information on Products and their availability
3.1. Information on Products (along with the relevant Product codes) and relevant prices are available on the Website.
3.2. The Products available on the Website are a selection of items normallyavailable in stores; however Alexander McQueen does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. Pictures of the Products displayed on the Website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Products and their characteristics as mentioned in the Website.
3.3. Alexander McQueen reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colors of the Products described on the Website may be changed without notice. During thepurchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Products; Alexander McQueen is not liable towards the Client in case of unavailability of the Products prior to the execution of the contract.
3.4. The maximum number of pieces for each Product included by the Client in theorder proposal is three pieces.
3.5. In no case Alexander McQueen shall be liable for errors occurred due to failure of the Client’s connection to the Website.
4. Price
4.1. The prices of the Products are indicated on the Website in Euro and are inclusive of all applicable taxes and charges. Delivery costs, if required, shall be added to the price of the Products and will be indicated separately on the order form, in respect of the principle provided by the applicable laws.
4.2. Alexander McQueen regularly verifies that prices of the Products displayed on the Website are correct; however, Alexander McQueen cannot guarantee theabsence of errors. In the event that an error in the pricing of a Product is detected, Alexander McQueen shall refuse the order and offer the Client theopportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Alexander McQueen will also offer the Client the opportunity to cancel the order.
5. Execution of the Contract
5.1. The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Alexander McQueen.
5.2. Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to possible delivery charges, the right of withdrawal conditions and the privacy policy statement), along with these General Conditions.
5.3. To purchase the Products, Client must (i) include the selected Products in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Alexander McQueen through the Website.
5.4. Sending of the order constitutes a proposal to purchase the selected Products, regulated under these General Conditions and binding for the Client, with no prejudice to the withdrawal right under Section 10. Thesending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Products.
5.5. Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or moreProducts from their “Shopping Bag”).
5.6. The order proposal and the Client’s data related to that order proposal will be kept by Alexander McQueen for the period required by applicable legislation,as provided under the privacy policy.
5.7. An order proposal may be refused by Alexander McQueen within 30 days of receipt of the same. In that case, no consideration shall be due by the Client to Alexander McQueen, Alexander McQueen may refuse an order proposal in thefollowing events (by way of example but without limitation):
(i) the Products are not available (with no prejudice to the provision set outunder Section 3.3); or
(ii) a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes; or
(iii) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Alexander McQueen.
5.8. The contract between Alexander McQueen and the Client is executed upon receipt by the Client of the acceptance by Alexander McQueen of the order proposal ("Order Confirmation"). The acceptance (or the refusal) by Alexander McQueen shall be sent to the Client via e-mail at the address provided by the Client in the order proposal.
5.9. In case of unavailability of one or more of the Products, the Client will receive an email duly informing him about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.
5.10. In accordance with the provisions of L121-19-1, of the French Consumer Codeas defined below, the Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any, information on the contact of Alexander McQueen, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalized Products, the address to which complaints may be addressed, information on support services and on existing commercial terms, if any, and a copy of these General Conditions.
5.11. Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 10 below.
5.12. The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Products.
6. Method of payment
6.1. Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be paid by the Client by credit card, PayPal or by bank transfer.
6.2. Alexander McQueen accepts payments made with the following credit cards:Visa;MasterCard;American Express; Switch; Diners.
6.3. The transactions will be debited from the Client’s credit card only after:
(i) the credit card data has been verified;
(ii) the authorization to debit the card has been received from the issuer of the card used by the Client, and
(iii) the availability of the Products has been confirmed by Alexander McQueen.
6.4. In some instances (as, for example, for the purchase of personalized Products) that will be notified to the Client before he/she is able to submit the order proposal, the transaction will be debited from the Client’s credit card only after:
(i) the credit card data has been verified; and
(ii) the authorization to debit the card has been received from the issuer of the card used by the Client.
6.5. Except as provided for in Section 6.4, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well. 6.6. In the event that, for any reason, it is impossible to debit the amount due by the Client (or to have the cleared funds received on Alexander McQueen's bank account, in case of bank transfer) within the due deadline (see Section 6.5 above), the contract will not be executed and the order will be cancelled.
6.7. For each order, Alexander McQueen shall invoice the Products by email or by post to the Client, pursuant to the applicable laws and regulations. The invoicewill be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.
7. Transport and delivery
7.1. The purchased Products shall be delivered by a courier service selected by Alexander McQueen (“Courier”) on working days. Products shall be delivered to the address indicated by the Client in the order proposal. Alexander McQueen shall not deliver to PO Boxes.
7.2. Except if a force majeure event or unforeseeable circumstance occurs, purchased Products shall be delivered within 30 (thirty) days of the date indicated in the Order Confirmation. In case the delivery has not occurred within the above indicated term, the Client be entitled to repudiate the Contract and Alexander McQueen shall, without undue delay, reimburse all sums paid under the Contract.
7.3. At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to:
(i) verify that the number of items being delivered corresponds to that indicated on the delivery note;
(ii) verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner;
(iii) sign the delivery note; and
(iv) if requested by the Courier, show his/her ID.
Any damages to the packaging and/or the Products, or discrepancies in thenumber of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel, provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 13 below.
7.4. Delivery charges, if required, shall be borne by the Client and will be indicatedseparately on the order form and invoice.
8. Dispatching and delivery confirmation
8.1. Alexander McQueen shall send to the Client a shipping confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.
9. Wrapping or packaging
9.1. Products purchased from the Website are delivered with the same Alexander McQueen standard packaging as provided in Alexander McQueen stores.
10. Right of withdrawal
10.1. Pursuant toArticle L121-21 of the French Consumer Code as defined below, the Client has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Client (or the representative duly authorized to receive the Products) obtains the physical possession of the Products and, in case of partial deliveries, the last Product.
10.2. To exercise the right of withdrawal, the Client shall, within the term mentionedunder previous Section 10.1, send by email, or by ordinary mail
• the withdrawal form below, duly filled in and undersigned; or
• a communication of his/her intention to exercise the right of withdrawal pursuant to Article L121-21-2 of the Consumer Code; such communication shall include the following information: (i) indication of the Products for which theClient wishes to exercise the right of withdrawal; (ii) order number.
10.3. Within 14 (fourteen) days of the communication of withdrawal (sent pursuant to previous Section 10.2), the Client shall return the purchased Products to an address specified in their return label. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristicsand functioning of the goods.
10.4. Alexander McQueen shall reimburse all payments received from the Client, including the possible reasonable costs of deliverywithin14 (fourteen) days of the day on which Alexander McQueen has received the Products back, or the Client has supplied evidence of having sent back the Products, whichever is theearliest. Reimbursement shall be executed by Alexander McQueen using thesame means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement.
10.5. Products purchased through the Website can be returned also in any of our Alexander McQueen boutiques listed here [URL], within the term indicated under Section 10.1. No cash reimbursement will be made at AlexanderMcQueen stores, but only gift cards or store credits can be provided to the Client. The reimbursement will follow the procedure under Section 10.3 and 10.4.
11. Personalized Products
11.1 In accordance with the provisions of Article L121-21-8 of the French Consumer Code as defined below, the right of withdrawal does not apply to orders for (i) personalized Products, such as, for example, those with the Client’s initials engraved on the Products; (ii) those likely to be easily deteriorated or expired; and (iii) those which cannot be sent back given their nature (e.g. product which was sealed, and then unsealed by the Client), or for hygienic reasons.
12. Replacement of Products
12.1. Without prejudice to the Client’s rights according to Sections 10 and 13, andwith the exception of personalized Products, Alexander McQueen allows in any case the Client to replace Products purchased on the Website, pursuant to thefollowing procedure:
(I) once the Products are received, the Client shall promptly contact Alexander McQueen by email on the contact form you will find in thecustomer service section on alexandermcqueen.com;
(II) after that, the Client shall fill in the form provided with the delivered Products which the Client wishes to replace, clearly indicating the codeand the size of the new Products that the Client wishes to receive (such codes and sizes being indicated on the Website);
(III) no later than 14 (fourteen) days from the date of delivery of theProducts, the Products to be replaced must be returned by the Client to Alexander McQueen in their original conditions as when delivered, along with the labels attached to the Products and the form indicated under point 12.1 (II) above. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client.
12.2. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristicsand functioning of the goods.
12.3. The amount paid by the Client shall be reimbursed by Alexander McQueen, through the same payment method used by the Client for the initial purchase,within 14 (fourteen) days after the returned Products have been delivered to Alexander McQueen.
12.4. The exchange will be accepted by Alexander McQueen subject to the availability of the new Products requested.
12.5. The exchange will be processed by Alexander McQueen as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order. In particular, if the Products that the Client wishes to exchange have been initially paid by credit card, Alexander McQueen will first refund the price initially paid by the Client and then will charge theprice of the new requested Products pursuant to Section 6.3 above. If the initial payment was made by bank transfer and the price of the new requested Products is the same as the price paid by the Client for the Products he/she wishes to exchange, Alexander McQueen will withhold the initial sum paid by the Client; if the price is different, Alexander McQueen will refund - or request the Client to pay - the difference, as the case may be.
13. Lack of conformity
13.1. If a Product sold by Alexander McQueen has manufacturing defects or an alleged lack of conformity, the Client will contact the online support by email or by ordinary mail to the following addresses:
5th Floor Rear Suite Oakfield House 35 Perrymount, Haywards Heath, WestSussex, RH16 3BW, UK
13.2. The legal guarantees established by Article L211-4 to L211-14 of the French Consumer Code as defined below apply to the sale of the Products. Under these Articles, the Client has the right to have the Products brought into conformity, free of charge, by repair or replacement (provided that the Client is entitled to select whether having the Products repaired or replaced within the limits provided by the law), or, in case of failure of one of the remedies above (according to Article L211-10 of the French Consumer Code), to have an appropriate reduction in the price of the Products, or the contract cancelled.The Client loses these rights if fails to notify Alexander McQueen of the lack of conformity within 2 (two) years of the date on which the Client detected such lack of conformity. In any event, actions intended to assert a lack of conformitynot maliciously concealed by Alexander McQueen shall automatically lapse 26 (twenty six) months after the delivery of the Products.
13.3. In the event the Client is seeking the Products to be repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Products to be repaired or replaced shall be borne by Alexander McQueen, as well as any costs related to the delivery to the Client of the repaired or replacing Products.
14. Guarantee of authenticity and intellectual property rights
14.1. Alexander McQueen guarantees the authenticity of all Products purchased on the Website.
14.2. The “Alexander McQueen” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the companies of Alexander McQueen, company belonging to the Kering Group.
15. Applicable law and competent jurisdiction
15.1. These General Conditions and, therefore, the contracts executed with theClients, shall be governed by and will be interpreted in accordance with Frenchlaws.
15.2. The disputes arising out of, or relating to these General Conditions shall be submitted to the territorial jurisdiction of the competent courts of the place of residence or domicile of the Client. Alternatively, the Client can decide to access to the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr
16. Contacts
16.1. For further information and assistance with the Website or on the methods of online purchase, the Client may contact Alexander McQueen on the contact form you will find in the customer service section on alexandermcqueen.com or by callingthe number +44 20 3318 5920.
Model cancellation form
(complete and return this form only if You wish to withdraw from the Contract) To (see contact information in the Order Confirmation):
I/We(1) here by give notice that I/We(1) withdraw from my/our(1) contract of sale of the following goods(1)/for the provision of the following service(1),
Ordered on(1)/received on(1),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(1) Delete as appropriate