Conditions of Sale for Canada
IF YOU HAVE RESIDENCE IN CANADA, THE FOLLOWING CLAUSES SHALL APPLY. IN CASE OF DISCREPANCIES THIS LOCALISATION PART REGARDING CANADA PREVAILS. MANDATORY CONSUMER PROTECTION REGULATIONS ALWAYS PREVAIL
3. GUARANTEES AND PRODUCT PRICE INDICATION
3.1 The Website only offers Products bearing the "Vivienne Westwood" brand purchased directly from Vivienne Westwood Ltd. with registered offices at Westwood Studios, 9-15 Elcho Street, London SW11 4AU, United Kingdom and/or by Vivienne Westwood S.r.l. with registered offices at Corso Venezia 25, 20121 Milan, Italy.
3.2 The Vendor does not sell second-hand Products, flawed Products or Products of lower quality than the corresponding market standards.
3.3 The main characteristics of the Products are shown on the Website on each Product page. The images of the Products on our Website or in any other promotional materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure or on a sample swatch accurately reflects the colour of the Products. Your Product may vary slightly from those images/samples.
The Products are deemed to be in conformity with the Contract provided that (i) they conform to the description given by Us and possess the qualities presented by Us on the Website, (ii) they are fit for the purposes for which Products of the same type are normally intended and (iii) they have the quality and performance which are customary for Products of the same type and which are reasonably to be expected of a Product of the same type, and (iv) they are of the quality and performance which are reasonably to be expected of a Product of the same type. (ii) are fit for the purposes for which Products of the same type are normally intended and (iii) have the quality and performance which can reasonably be expected of a Product of the same type.
The Products We sell, especially handicraft Products, may often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in sales, texture, knots and colour, should not be considered as defects or flaws. On the contrary, they should be expected and appreciated. We only select Products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual's appearance of the Products.
3.4 The prices of the Products will be set out on the Website. Check the final price of sale before submitting the relevant Order. The prices are expressed in EUR, GBP, AUD, USD and CHF currency. The prices shown on the website for Products sold from the UK, EU and AU include Value Added Tax (VAT). All other regions are subject to tax and duties calculated at the point of checkout. This calculation is determined upon the delivery destination. Prices do not include shipping costs which are to be paid by you. Shipping costs will be added to the final total price at the time of placing the relevant Order, according to the applicable shipping rates indicated on the Website.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products purchased, including delivery charges, or upon delivery, whichever is later. All risk in the Products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your Order, unless you have chosen a carrier to deliver the Products that was not proposed by the Vendor and, in such case, the Products are at your risk from the moment of delivery of the Products to your chosen carrier.
3.5 It is always possible that, despite our best efforts, some of the Products We sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your Order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated, We will contact you for your instructions before We accept your Order.
3.6 If the rate of the applicable commodity/sales tax (i.e. GST/HST, PST, QST) changes between your order date and the date we supply the Product, we will adjust the tax rate that you pay even if the order and shipping dates do not coincide and you will only pay the amount in the cart when the order is finalised
3.7 Orders received from Countries other than those selected for shipping or to addresses to which the Vendor cannot ship cannot be accepted.
3.8 All Products sold on the Vivienne Westwood Site are provided with an identification tag attached with a disposable seal. If you intend to return this Product, please do not remove the tag and seal as We will be unable to accept the return should the Product be returned without. This does not affect your statutory rights if the Product is faulty.
3.9 If you exercise your right to return the Products, the Vendor may refuse to accept Products that are damaged, without the tag or which have been altered in their main characteristics or quality by Consumer. This does not affect your statutory rights.
3.10 In case of delivery of defective Products by the Vendor, under the statutory warranty you shall be entitled to the following remedies, at the Conditions of Sale provided by Article 135 bis-ter and quater of Consumer Code:
a) price reduction;
b) refund of the price (termination of contract);
c) replacement of defective Products;
d) Products repair.
3.11 Without prejudice with respect to hidden defects, the warranty shall be valid for 2 (two) years from the date of delivery of the Products. Instead of a reduction in the price of the Products or a refund of the purchase price (termination of the contract) requested by you, the Vendor may immediately and without undue inconvenience for you replace the Products with same Products free from defects or repair the Products. The above does not apply if the Products are complained about by you for the second time, which means that consumers can benefit of the warranty for faulty Products only once for the same contested Product. After the matter is solved the consumer cannot benefit anymore of this warranty for the same contested product.
3.12 If the lack of conformity relates only to some of the Products delivered under these Conditions of Sale and there is a cause for termination of the sales contract within the meaning of Article 135 bis of the Consumer Code, you may terminate the Contract only in respect of the non-conforming Products and the Products purchased together with the non-conforming Products, if there is no reasonable likelihood of the Consumer's interest in keeping the Products not affected by the defect in his possession.
3.13 If replacing the Products with Products free from defects or repairing the Products in accordance with your request is impossible or in comparison with the method proposed by the Vendor would require excessive costs, then the Vendor may offer you a reduction in the price of the Products or a refund of the purchase price of the Products (termination of the contract).
3.14 The returned Products must be shipped according to the below region of purchase, in a single consignment within 30 (thirty) days counted from the day on which the Consumer informed Us of the withdrawal from the contract. For multiple order, please, refer to Clause 7.2 below.
For all UK online orders sold by Vivienne Westwood Limited - returned Products must be shipped to:
BLECKMANN LIFESTYLE AND LOGISTICS
MPN1
Westland Way, Magna Park
Lutterworth
LE17 4UE
United Kingdom
For all ROW (outside of the UK) online orders sold by Vivienne Westwood S.r.l. - returned Products must be shipped to:
VIVIENNE WESTWOOD S.r.l.
c/o GXO
Strada Complanare Torino Svizzera 21 – (VC)
Carisio, 13040
Italy
3.15 In order to lodge a complaint (for a defective Product or for any other case), you may contact our Customer Service at customer.service@viviennewestwood.com. For further clarifications, access the Customer Service area.
9. APPLICABLE LAW AND JURISDICTION
9.1. These Conditions of Sale and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the federal laws of Canada, and any applicable provincial laws. The competent court and jurisdiction of the transaction is the place of residence or of the domicile of the Consumer. This court shall have the exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter (including non-contractual disputes or claims).
9.2. In the event of a dispute arising from the interpretation and/or application of these Conditions of Sale, the court of the place where the Consumer is domiciled or resident, if located in Italy, shall have exclusive and mandatory jurisdiction. In the event the Consumer's domicile or residence is not located in Italy, the Consumer may, at his/her election, refer the matter either to the court of the place where he/she is domiciled or resident or to the Court of Milan where VW S.r.l. is domiciled.
9.3. Alternatively, according to Section 14 of the EU Regulation 524/2013/UE, where applicable, the Consumer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr.
9.4. This right to use the mediation service is an alternative mechanism but does not constitute a prior condition to the exercise of the right to bring a claim before courts, pursuant to the provisions of Section 9.3. above.
9.5 Additionally, depending on your country of residence, different special Conditions of Sale may apply to you regarding consumer protection if more favourable for the Consumer. Please carefully check the “Localization Section” of these Conditions of Sale at the bottom of this page and also by clicking here.