Conditions of Sale
The sale of “Vivienne Westwood” branded products executed remotely by using our website www.viviennewestwood.com (“Website” and/or “Site”) is governed by the following terms and conditions of sale (“Conditions of Sale”).
The products offered on the Website are sold directly by:
- Vivienne Westwood Limited, a company registered in England and Wales with registration number 02682271 with registered office at Westwood Studios, 9-15 Elcho Street, London SW11 4AU, United Kingdom, legaluk@viviennwestwood.com and/or
- Vivienne Westwood S.r.l., an Italian company with registration number 1285346, VAT number 09315970153 and with registered offices at Corso Venezia 25, 20121, Milan, Italy, legal@viviennewestwood.com
(hereinafter - unless we specified differently - we are “We” or “Us” or “Vendor”).
These Conditions of Sale contain important information about consumers’ rights and obligations as well as limitations and exclusions that apply to the consumers, and govern any purchase contract between the Vendor and Consumer. When the Consumers accepts these Conditions of Sale, they become part of the purchase contract entered into between the consumer and the Vendor (“Contract”).
Products purchased on the Website maybe sold by Vivienne Westwood Limited or Vivienne Westwood S.r.l as follows:
A. Vivienne Westwood S.r.l.
1. Bags (belt; card holder; cross body; gloves; handbag; pouch; purse; tote; wallet; yasmine; hobo; rucksack; passport holder; mobile case; hat);
2. Shoes (ballerina; boot; mary; oxford; platform; sandal; sneaker);
3. Accessories (foulard; head band; papillon; pochette; poncho; hat; tie; swimsuit)
4. Underwear (boxer; slip; undershirt; vest; sock)
5. Main Line (coat; dress; jacket; jumpsuit; knitwear; skirt; tops; waistcoat; sweatshirt; sweatpants; arm warmer)
6. Andreas Kronthaler (bodysuit; coat; dress; jacket; jumpsuit; scarf; shirt; sweater; top; trousers; hat; knitwear; arm warmer)
B. Vivienne Westwood Ltd.
1. Jewellery (belt; bracelet; cufflinks; earrings; necklace; pin; ring)
2. Bridal Couture (dress; veil; gloves; skirt)
3. Shoes WE (boot; sandal; ballerina; sabot; sneaker; skirt; hat)
Please read these Conditions of Sale carefully before you submit your order to Us. These Conditions of Sale tell you who We are, how We will provide Products to you, how you and We may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake, please contact Us to discuss.
You agree that these Conditions of Sale apply to your purchase of the Products. When the Consumer makes an order for Products, he/she will be required to accept these Conditions of Sale by selecting the relevant clearly marked accepting box before confirming the order. If the Consumer refuses to accept these Conditions of Sale, he/she will not be able to order any products from this Website.
Please contact our Customer Services for any further information here.
For any other legal information, go to these sections of the Website: Conditions of Use, Returns Policy, Privacy Policy.
1. OUR BUSINESS POLICY
1.1 The Vendor offers Products for sale on www.viviennewestwood.com and its e-commerce business services are available exclusively to its end users, i.e. the "Consumers".
1.2 “Consumer” shall mean any individual who is acting on our Site for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any Product on our Website.
“Consumer Code”: means the Legislative Decree no. 206/2005, as modified by Legislative Decree no. 170/2021.
1.3 The Vendor reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with the Vendor's business policy.
1.4 These Conditions of Sale govern the offer, transmission and acceptance of purchase orders relating to Products on our Website between the Consumers and the Vendor.
1.5 These Conditions of Sale do not govern the supply of services or the sale of Products performed by third parties that are on the Website through links, banners or other hypertext links therein. Before submitting orders and purchasing Products and services from third parties, We recommend that you verify their Conditions of Sale; the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of our Website and third parties.
1.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products, including the right to receive Products which are: as described and match information We provided to you; of satisfactory quality; fit for any particular purpose made known to Us.
1.7. The Products offered for sale on the Website may only be delivered to an address within the following countries and territories:
| Country Code for Inclusion of shipping service |
| AT, BE, DE, FR, LU, MC, NL, DK, ES, FI, GR, HR, PT, SE, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SI, SK |
| CH, AD, AL, BA, IC, IS, LI, MK, NO, RS, TR |
| US, CA |
| AE, BH, BN, GL, ID, IL, IN, KW, MY, PH, SG, TH, MX, CN, HK |
| AR, BR, BZ, CL, CO, DO, EC, EG, GT, OM, PA, PE, PY, SA, SR, UA, VE, VN, ZA, AU, NZ, MO, TW |
| AZ, DZ, GE, JO, KG, KZ, LB, MA, TJ, TN, UZ |
| GB |
| GG, JE |
| IE |
| IT, SM, VA |
EU (with the following restriction: Finland (excluding Åland Islands), France (mainland France), Germany (excluding Heligoland and Büsingen), Greece (excluding Mount Athos), Italy (excluding Livigno and Campione d’Italia) and Spain (excluding Canary Islands, Ceuta and Melilla), in Monaco, Norway, Switzerland and United Kingdom (excluding Channel Islands) .
Unfortunately, VW does not deliver to addresses outside of these countries and territories.
2. HOW TO PLACE AN ORDER
2.1 The presentation of the Products on our Website does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
2.2 By clicking “Place Order” in the last step of the order process, you submit a binding offer for purchase of the Products displayed in the order overview. Immediately after submitting the order (hereinafter referred to as the “Order”), you will receive automatically generated order confirmation e-mail acknowledging the that we have received your Order, containing a summary of the information related to the Order (e.g. these Conditions of Sale, the Products' main characteristics, detailed information on the price, the total price of the Products inclusive of taxes, the identity of the Vendor, terms of payment, link to our Return Policy and shipping costs) which however does not yet constitute the acceptance of your contract offer.
2.3. After placing the Order, and in any case no later than 48 hours after placing your Order and without undue delay, you will receive an e-mail acknowledging that VW has received the Order. However, this does not mean that the Order has been accepted. VW's acceptance of the Order and the conclusion of the contract (“Contract”) will take place as soon as we accept your Order by means of a separate email of confirmation of dispatch of the Products (hereinafter referred to as the “Order Status Update”. Please regularly check the spam folder of your mailbox. The shipment confirmation e-mail is proof that the Order has been approved by VW. You may cancel your Order before receiving the Order Status Update, by notifying VW of your cancellation on the following e-mail address: customer.service@viviennewestwood.com.
2.4. To place an Order, start by placing the desired Products in the "Shopping Bag”. There you may modify at any time the desired quantity or delete Products and services completely. If you have placed Products in the Shopping Bag, by clicking on the buttons “Secure Checkout” you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click “Edit” Secure Checkout to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button “Place Order” your declaration becomes binding.
2.5. Before submitting the Order, you are required to confirm that you have read and accepted these Conditions of Sale hereof and you will be asked to carefully read the Return Policy, available here. At the end of the purchasing process, it is advisable that the Consumer save or print off these Conditions of Sale (under Clause 10.7 below you may find a direct link to print them). Please note that VW does not keep a copy of the specific contract relating to the Order.
2.6. The purchasing process must be fully completed; failure to do so entails that the Order cannot be submitted to VW.
2.7 Each Order and the Consumer’s data required for the purchase shall be stored by VW for the time period provided for and in compliance with the applicable laws currently in force.
2.8. Consumers who have registered to log in the reserved area of the Website may check their Order status by logging in such area and accessing the “My Account” page. Consumers who have not registered in the reserved area of the Website may check their Order status through the transactional emails submitted by the Vendor to provide updates on the Order status processing.
2.9. The Consumer is aware that he/she is responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase and undertakes to read the Privacy Policy published here on the Website expressing, when requested, his/her consent to the personal data processing.
2.10. You acknowledge that the Products offered by the Vendor on the Website are limited in number and you are therefore aware that VW shall need to check their availability at the time of the purchase.
Occasionally, the availability of certain Products may incur inconveniences and, in particular, they may be unavailable or partially available (this might be because the Product is out of stock, because of unexpected limits on VW ’s resources which VW could not reasonably plan for, because VW has identified an error in price or description of the Product or because VW is unable to meet a delivery deadline specified) even though displayed on the Website. In such circumstances, VW shall inform you promptly by email that the Order placed has not been accepted and the reasons for non-acceptance.
2.11. In the event the Order is only partially available, you will be informed about that. However, you agree and accept to receive only the Products available.
2.12. VW reserves the right to not accept the Order placed by a Consumer in the following events:
a) the Products included in the Order are unavailable;
b) there is a dispute between VW and the Consumer relating to a previous Order;
c) the Consumer breached the Vendor Conditions of Sale on previous occasions or has not fulfilled his/her obligations arising therefrom;
d) it emerged that the Consumer is purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) the Consumer has been involved in, or is suspected of, illegal or fraudulent activities.
In such events, VW shall inform the Consumer by email, within 30 (thirty) days from the date of receipt of the Order, of the cancellation of the Order received specifying the reasons thereof. In such case, no Order shall be deemed to have been accepted by VW. If the Order has been sent and the price has already been paid, the Vendor will refund the amount paid for those unavailable Products.
2.13. VW reserves the right to vary the Products offered for sale on the Website at any time, without any notice. Such variations will not affect orders which have already been confirmed by VW.
2.14 By submitting an Order through the Website, you unconditionally accept and undertake to observe the provisions of these Conditions of Sale, including the Conditions of Use and Privacy Policy. Should you not agree with certain provisions of these Conditions of Sale, please do not submit your Order for the purchase of Products.
2.15. For each Order, VW shall invoice the Products by email to the Consumer, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Consumer at the time of the Order. No alterations to the invoice are possible after the invoice has been issued.
2.16 For payment, you may use any payment option available on the Website.
2.17. Any refunds will be made using the same means of payment as used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund.
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 VAT changes between your order date and the date We supply the Product, We will adjust the rate of VAT that you pay, unless you have already paid for the Product (including delivery costs if applicable) in full before the change in the rate of VAT takes effect.
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.
4. PRICE AND METHOD OF PAYMENT
4.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
4.2. The relevant prices shall be shown in the following currencies EUR, GBP, USD, CHF and AUD.
4.3. The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately. The purchase price is due immediately after placing the Order. The Products shall remain our property until full payment.
4.4. In any event, VW shall seek the Consumer’s express consent to charge any additional cost.
4.5. The prices shown on the Website and displayed in the Shopping Bag section, upon confirmation by the Consumer of the Order by pressing the “Place Order” button, shall be charged to the Consumer, provided that the Products ordered are available in that moment.
4.6. VW reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice. Such modifications shall only apply to future orders and shall not affect Orders which have already been placed by Consumer.
4.7. VW only accepts credit cards and the other payment methods expressly indicated on the Website.
4.8. For the purposes of credit card payments, the Consumer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
4.9. Transaction amounts shall be charged to the Consumer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by the Consumer of the debit authorisation, and (iii) VW's confirmation that the Product is available and, in any event, after the Order is ready to be processed.
4.10. No amount will be charged at the time of submission of the Order except as for PayPal payments that are charged and debited from the Consumer account within 30 minutes of an Order being submitted on the website. All other methods of payment via credit card are charged at the point of invoicing, when goods are confirmed as shipped.
4.11. For the purposes of payment through other payment service providers, the Consumer confirms and warrants that he/she is the owner of the account used for the purchase.
4.12. For all other methods of payment via credit card Consumers shall only be charged the relevant transaction amounts at the point of invoicing after receipt of the Order Status Order Status Update from VW which is sent to Consumers once Products are dispatched
4.13. The purchased Products shall only be shipped after due payment of the amount owed by the Consumer.
4.14. In the event the Consumer cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated, and the sale cancelled, and the Consumer shall be subsequently notified accordingly.
4.15. In the event one or more Products are unavailable, the Consumer shall only be charged the price of the available Products and the possible related shipping costs.
4.16. The data provided for credit card payment shall be treated as confidential and/or personal and shall be dealt with in accordance with the applicable European Union and applicable member state legislation.
4.17. If you choose to pay by credit card, all financial information (credit/debit card number, expiry date, etc.) are forwarded to an external PSP which, thanks to a DigiCert SSL SHA2 256 bit encryption protocol, guarantees the security of online transactions. Your financial information will never be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud on www.viviennewestwood.com to the police.
4.18. International transaction fees: The Vendor does not apply any extra charges past the requested amount made at the time of purchase; any such fees that appear on your bank statement are withdrawn by your bank.
5. SHIPPING AND DELIVERY OF THE PRODUCTS
5.1. Delivery of Products purchased by you shall be made by entrusted transport companies to the delivery address specified by you during the purchase process. You will receive the Products separately as soon as they are ready for shipping. The Products shall be delivered to the address indicated by the Consumer in the Order. The Consumer's signature may be requested upon delivery of the Products.
If VW cannot deliver the Order for reasons that are not attributable to VW, VW Customer Service will contact the Consumer in order to arrange a new delivery. If, for these very reasons, the Order could not be delivered within eight (8) days following the date the Consumer’s Order was available for the delivery, VW will assume that the Consumer wants to withdraw from the contract. As a result of the withdrawal from the Contract, all payments that were received from the Consumer, including shipping costs shall be refunded and the contract has to be deemed as definitely terminated.
5.2. For security reasons, VW shall not process any Order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
5.3. The Products offered for sale on the Website may only be delivered to addresses in the countries and territories indicated above (Clause 1.7). In light of the foregoing, any Order entailing delivery outside of these countries and territories shall be automatically rejected upon processing of the Order.
5.4. In the event the Consumer is subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense before completion of the filling in of the Order and prior to pressing the “Place Order” “Place Order” button.
5.5. In compliance with the applicable laws currently into force, the term within which VW is required to deliver the Products purchased is within a maximum of 30 (thirty) days of the date of execution of the Contract (without prejudice to any different term if provided for by any local mandatory law), except where an event occurs which is beyond the reasonable control of the affected party and which are not attributable to any wilful act, neglect or failure to take reasonable preventative action by the affected party and includes (without limitation) a strike or any other industrial or labour dispute, fire, flood, storm, epid
emics, pandemics, earthquake or other adverse weather Conditions of Sale ("Force Majeure Event").
5.6. VW shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery, and the Consumer will receive the Products separately upon their availability to be shipped. VW will charge the Consumer for the Products as and when these are shipped.
5.7. As soon as the purchased Product is shipped, the Consumer shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow the Consumer to real-time monitor the delivery.
VW Customer Service shall provide the assistance required for any potential problem relating to the delivery. Consumers may contact by email at: customer.service@viviennewestwood.com.
5.8. The Consumer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Consumer and other than the carrier, physically takes possession of such Products.
5.9. In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to the Consumer or a third party appointed by the Consumer, VW shall refund the Consumer any amounts already paid.
6. CUSTOMER SERVICE
6.1. You can contact our Customer Service team through the contacts details provided below or through our Contact Us page. For further clarifications, access the. Customer Service area.
If We have to contact you, We will do so by writing to you at the email address or postal address you provided to us in your Order. When we use the words "writing" or "written" in these Conditions of Sale, this includes emails.
6.2. CONTACT DETAILS FOR RETURN AND REFUND:
- For Products sold by Vivienne Westwood Limited: 9-15 Elcho Street, London SW11 4AU, United Kingdom.
Contact Customer Service: customer.service@viviennewestwood.com
- For Products sold by Vivienne Westwood S.r.l.: Corso Venezia 25, 20121, Milan, Italy
Contact Customer Service customer.service@viviennewestwood.com
- Phone lines:
UK: +44 20 4587 5250
IT: +39 02 8295 8655
US: +1 646 846 8034
FR: +33 1 71 29 67 23
ROW +44 20 4587 5255
7. RETURN AND REFUND - RIGHT TO WITHDRAW
7.1. The Consumer may exercise the right of withdrawal from the Contract concluded with the Vendor within a time period of 14 (fourteen) days following receipt of the Product without the need to provide a reason for your decision or to pay penalties if the Conditions of Sale set forth under the Vendor’s Return Policy are fulfilled.
7.2. The right of withdrawal can be exercised when more than one Product is purchased, and solely for several of these products. In the case of multiple Products ordered by the Consumer in a single Order and delivered separately, the time of 14 (fourteen) days for return Products start from the day on which the Consumer or a third party other than the carrier and designated by the Consumer acquires physical possession of the last Product.
7.3. When exercising the right to withdrawal, the customer must return, at its own cost, the purchased Product to VW, by sending it within 30 (thirty) days as from the date of exercising the right to withdrawal.
7.4. To find out how to return Products after your withdrawal, please note that our Return Policy is described and available here.
7.5. You can request a model of withdrawal form (“Withdrawal Form”) by contacting customer.service@viviennewestwood.com. Please note that it is not mandatory to use this form, you can create a different one or freely write your will to withdraw. You can exercise this withdrawal right by any means feasible.
7.6. In the event the Consumer complies with the procedure set forth under the Return Policy the Vendor will submit a Return Order Status Update to the Consumer.
7.7. If, on the other hand, the Consumer does not comply with such procedure, the return costs and any liability for loss, theft, damage or delay in the delivery shall be borne by the Consumer.
7.8. VW shall refund any amounts due for the Products returned without undue delay and in any case within 14 (fourteen) days of the date on which VW becomes aware of the exercise by the Consumer of the right of withdrawal.
7.9. In any event, VW reserves the right to withhold the refund either until receipt and verification of the Product or until proof by the Consumer that he/she has returned the product duly and in intact Conditions of Sale, whichever occurs first.
7.10. The aforementioned refund shall be made by crediting the amount paid by the Consumer with the same payment method used for the purchase, unless otherwise expressly agreed by the Consumer and provided that no costs are incurred as a result of the refund.
7.11. VW shall inform the Consumer by email of refund of the amount through a Refund Order Status Update.
7.12. VW shall not be under the obligation to refund the delivery costs of the Products in the event the Consumer has specifically selected a delivery method other than the standard delivery offered by VW.
7.13. The return of Products under this Section is only permitted in respect of purchases made on the Website.
7.14. For further details on how to return the Product, please refer to the Return Policy that forms an integral part of these Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
7.15. We may end the Contract at any time by writing to you if:
• you do not make any payment to Us when it is due; or
• you do not, within 14 (fourteen) days of Us asking for it, provide Us with information that is necessary for Us to provide the Products.
8. PRIVACY
8.1 You will find information on how your personal data are processed a when you browse the Site by reading the Privacy Policy here.
8.2 You are advised to read, if you haven't already done so, our Conditions of Use and Our Privacy Policy which contain important information on how We process the personal data of our users and on the security systems We use.
9. APPLICABLE LAW AND JURISDICTION
9.1. These Conditions of Sale are governed by Italian law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Consumer applicable in the country of habitual residence of the Consumer.
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.
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under these Conditions of Sale to another organisation, we will notify you first and gain your consent.
10.2 This Contract is between you and Us. No other person shall have any rights to enforce any of its terms.
10.3 We are the owner or licensee of all intellectual property rights in our Site and in the material published on it. Those works are protected by copyright laws. None of the content of the Site may be downloaded, reproduced, transmitted, copied, stored, sold or distributed without the prior written consent of Us. This excludes downloading, copying and/or printing of pages solely for your personal, non-commercial use. All such rights are reserved.
10.4 Each of the paragraphs of these Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 If We do not insist immediately that you do anything you are required to do under these Conditions of Sale, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date. For example, if you miss a payment and We do not chase you, but We continue to provide the Products, We can still require you to make the payment later.
10.6 In case of errors, if still possible and permitted, you can contact our Customer Service at customer.service@viviennewestwood.com requesting to change your data.
11. AMENDMENTS AND UPDATES
11.1 These Conditions of Sale may be amended from time to time due to new laws and regulations or for other reasons and they shall be effective as of the date of the last publication on www.viviennewestwood.com.
12. PARTIAL INVALIDITY
12.1. If any of these Conditions of Sale or any provision of a Contract is declared null and void by a final decision of a competent authority, the remaining terms and Conditions of Sale shall remain in full force and shall not be affected by such declaration of nullity.
13. EVENTS OF FORCE MAJEURE
13.1. We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control ("Force Majeure Event").
Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or undeclared) or threat or preparation for war. or preparations for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic, or any other natural disaster. natural disaster.
- Impossibility of the use of trains, ships, aeroplanes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and We will provide for an extension in the period during which the Force Majeure Event continues. Force Majeure continues, and We shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure period of time equal to the duration of the Force Majeure Event. We shall use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will enable us to perform our obligations despite the Force Majeure Event.
14. CONTRACT LANGUAGE
The exclusive language available for the conclusion of the Contract shall be English. Translations of these Conditions of Sale to other languages are for information only. In the event of contradictions between the English text and the translations, the English text shall prevail.
Last update: February 2024