Conditions of Sale for China
IF YOU HAVE RESIDENCE IN CHINA, THE FOLLOWING CLAUSES SHALL APPLY. IN CASE OF DISCREPANCIES THIS LOCALISATION PART REGARDING CHINA PREVAILS. MANDATORY CONSUMER PROTECTION REGULATIONS ALWAYS PREVAIL
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.
1.8. Products you purchase on the Website are imported into China by foreign entities from foreign countries. You understand and acknowledge that the labels, packaging, instructions, and safety warnings of the Products may not be available in Chinese, and they and the Products are not designed in accordance with and to comply with the Chinese laws, regulations, compulsory national standards and usage practices. It is your sole responsibility to use the Products properly and to fully understand all relevant instructions and warnings.
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. Vendor will not provide any China tax invoice for the purchase you made. You should only be expected to receive electronic commercial invoices and other relevant documents as your proof of purchase.
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.
4. PRICE AND METHOD OF PAYMENT
4.1. Products may be priced in RMB.
Prices do not include shipping costs. Shipping costs will be added to the final total price at the time of checkout, according to the applicable shipping rates indicated on the Website.
Prices do not include the Value Added Tax of China, the customs duties and other costs (if applicable). As the importer of the Products, you have the legal obligation to pay the Value Added Tax, the customs duties and other applicable costs (if applicable). The Value Added Tax, the customs duties and other applicable costs may be added to the final total price at the time of checkout, according to the applicable Value Added Tax rates, the estimate customs duties and costs indicated on the Website.
It is your responsibility to bear all the above taxes and fees and provide assistance to the designated logistic service providers to clear the customs for and import the Products into China.
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.
9. APPLICABLE LAW AND JURISDICTION
9.1. By purchasing Products through Vendor on the Site, you understand that you are ordering Products from a foreign website that is operated by foreign entities, and the purchase you are making will only be subject to the provisions of this Terms and Conditions of Sale of Sale and will not be subject to the law and the regulations of the People’s Republic of China on consumer protection.
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.