Conditions of Sale
These are the terms and conditions (“Conditions”) on which we supply products (“Products”) to you By using our website www.viviennewestwood.com (“Website” and/or “Site”) or placing an order you agree to be bound by these terms and the documents referred to within them.
We are:
- 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, 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
(hereinafter - unless we specified differently - we are “We” or “Us” or “the Vendor”).
Products purchased on www.viviennewestwood.com 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)
You can find here the Products sold by Vivienne Westwood Limited and here the Products sold by Vivienne Westwood S.r.l.
Please read these Conditions carefully before you submit your order to Us. These Conditions 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.
Please contact our Customer Services for any further information, where you will find information on orders and shipping, refunds and returns of Products purchased on www.viviennewestwood.com. Click here to contact Us.
For any other legal information, go to the sections: Conditions of Use, Return 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.
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 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 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 goods, including the right to receive goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to Us.
2. HOW TO PLACE AN ORDER WITH THE VENDOR
2.1 To place an order for the purchase of one or more Products on the Website, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
2.2 The order form contains: a summary of these Conditions and our Return Policy, information on the main characteristics of each Product ordered and the corresponding unit price (including all applicable fees and taxes), the type of payment methods that you may use in order to purchase each product, shipping terms for the purchased Products, shipping and delivery costs and the conditions for returning purchased Products.
2.3 The order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
2.4 Before submitting your order form for the purchase of Products, you will be asked to carefully read the Return Policy, available here.
2.5 The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by logging in and visiting the section of the Website called Orders, in the My Account area of the Website.
2.6 After your order form has been submitted, the Vendor will process your order. We will assign an order number to your order however this will not automatically mean your order has been accepted which will only occur at the time we dispatch your goods. It will help us if you can tell us the order number whenever you contact us about your order.
2.7 The Vendor may refuse to process purchases if there are no sufficient guarantees of solvency, when orders are incomplete or incorrect, or the Products are no longer available. In the above cases, We shall inform you by e-mail that the order has not been placed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the Products displayed on Website are no longer available at the time you last accessed the Website or submitted your order form, the Vendor shall inform you of the unavailability of the ordered Products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has already been paid, the Vendor will refund the amount paid for those unavailable items.
2.8 By submitting an order form through the Website, you unconditionally accept and undertake to observe the provisions of these Conditions, including the conditions of use of the Website and Privacy Policy. Should you not agree with certain provisions of these Conditions, please do not submit your order form for the purchase of Products.
2.9 By submitting an order form, you agree and accept these Conditions of Sale as well as further conditions contained on www.viviennewestwood.com, even through links, including the Conditions of Use and Privacy Policy of www.viviennewestwood.com.
2.10 Upon submission of an order form, the Vendor shall send you a purchase order receipt by email, containing a summary of the information related to the order form (e.g. these Conditions, the Products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
2.11 For payment, you may use any payment option available on the Website.
3. GUARANTEES AND PRODUCT PRICE INDICATION
3.1 The Website only offers Products bearing the "Vivienne Westwood" brand purchased directly by the Vendor from Vivienne Westwood Ltd - with registered offices at Westwood Studios, 9-15 Elcho Street, London SW11 4AU, United Kingdom – 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.
3.4 Prices are subject to change. The price of the Product will be set out on the order form. We take all reasonable care to ensure that the price of Product advised to you is correct. Check the final price of sale before sending the relevant order form.
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. If We accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may terminate the contract, refund you any sums you have paid and require you to return the Product at our expense.
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.
3.10 The returned Products must be shipped according to the below region of purchase, in a single consignment within fourteen [14] calendar days counted from the day on which the Consumer informed Us of the withdrawal from the contract. For multiple order, please, refer to Clause no. 7 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
3.11 In order to lodge a complaint (for a defective Product or for any other case), you may contact our Customer Service at customerservice@viviennewestwood.com. For further clarifications, access the Customer Service area.
4. PAYMENT
4.1 Payment of the Product prices and the relative costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2 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. The price for the purchase of Products and the costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased Products are actually shipped.
4.3 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
The costs of delivery will be communicated to you during the order process / set out in our current price list available in our Customer Service area. For selected Countries, we now include the customs duties in the final purchase price which will ensure no unexpected charges are applied, please check our Site for further details of the selected Countries this applies to. Please read these sections carefully. The information provided in these sections 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.
Delivery of Products purchased by you shall be made to the delivery address specified by you during the purchase process.
6. CUSTOMER SERVICE
You can contact Us by telephoning our Customer Service team 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, this includes emails.
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. RIGHT TO WITHDRAW
7.1 You can cancel the contract with the Vendor, without any penalty and without providing a reason, up to fourteen (14) working days from the date of receiving the Products. It is not possible to return an item in exchange for another. You will then have thirty (30) days to return the Products, and following the provision of Our Return Policy you will refund within fourteen (14) days, according to the procedure outlined in the Return Policy available here.
7.2 For details on how to cancel the order, please refer to the Return Policy section. Please read these sections carefully. The information provided forms an integral part of these Conditions and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
We may end the contract for a Product 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 fourteen (14) days of Us asking for it, provide Us with information that is necessary for Us to provide the Products.
EFFECTS OF WITHDRAWAL AND PROCEDURE FOR RETURN AND REFUND CAN BE FOUND HERE.
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 LEGISLATION
9.1 These Conditions 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 law of England and Wales. You irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute regarding these Conditions and any and all dealings between Us and you.
9.2 The Website has been approved for access in the United Kingdom. We do not warrant or otherwise represent that the Website, use of the Website or these Conditions (in whole or in part) are in compliance with laws or available for use in locations outside this territory. If you choose to access the Website from locations outside this territory, you do so at your own initiative and are responsible for compliance with local laws.
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under these Conditions 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 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, 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 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how We have handled any complaint, you may want to contact the alternative dispute resolution provider We use, which is ProMediate (UK) Limited (https://www.promediate.co.uk/). You can contact them by phone on +44 (0) 0203 621 3908 or by email to enquiries@promediate.co.uk. If you are not satisfied with the outcome you can still bring legal proceedings.
10.7 In case of errors, if still possible and permitted, you can contact our Customer Service at customerservice@viviennewestwood.com requesting to change your data.
10.8 You can print these Condition, by clicking this link.
11. AMENDMENTS AND UPDATES
11.1 These Conditions 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.
Last update: September2023
IF YOU HAVE RESIDENCE IN NEW ZEALAND, THE FOLLOWING CLAUSES WILL BE APPLIED
2. HOW TO PLACE AN ORDER WITH THE VENDOR
2.11 For payment, you may use any payment option available on the Website.
3. GUARANTEES AND PRODUCT PRICE INDICATION
3.4 The prices of the products are expressed in New Zealand Dollard (NZ$) and they include General Sales Tax (GST). 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.
The Vendor shall endeavour to deliver the ordered products within thirty (30) days. In the event that delivery is delayed for reasons beyond our control, then you will be notified of the new delivery date.
3.9 You shall become liable for the products only at the time when you, or a third party designated by you and other than the transporter, take physical possession of the products. However, the risk is transferred to you already at the moment of delivery of the product to the transporter if the latter was chosen by you and this choice was not proposed by the Vendor, without prejudice to the consumer's rights against the transporter.
3.10 In case of delivery of defective products by the Vendor, where something has not been delivered on time, or if you have been misled by an advertisement, under various consumer protection laws of New Zealand entitle you to various consumer remedies, these include:
1. Consumer Guarantees Act (external link) if there's a problem with a product or service you bought.
2. Credit Contracts and Consumer Finance Act (external link) if there are problems with borrowing money or using credit when you buy products or services.
3. Fair Trading Act (external link) if a business acts in an unfair or misleading way, including sales tactics and selling unsafe products.
4. There are online safety laws and rules (external link) for e-signatures and electronic transactions, plus laws against spam and upsetting digital messages.
Buying online
Information on your rights when buying online (external link) - https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/online-shopping/
Information on delivery issues (external link) - https://www.consumerprotection.govt.nz/general-help/common-consumer-issues/delivery-issues/
How to complain
Making a complaint to the Commerce Commission - https://comcom.govt.nz/make-a-complaint
If you're still not happy
The Disputes Tribunal can take claims of up to $30,000 on faulty goods if the seller has refused to fix, refund or replace them.
Disputes Tribunal (external link) - https://disputestribunal.govt.nz/
Complain if you think you were misled by advertising for something you’ve bought or services you’ve received.
5. SHIPPING AND DELIVERY OF THE PRODUCTS
Delivery of products purchased by you shall be made to the delivery address specified by you during the purchase process.
9.1 APPLICABLE LEGISLATION and JURISDICTION
Clause 9.1 above shall be replaced by the following:
These Conditions 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 law of New Zealand. The competent court is the place of residence or of the domicile of the Customer. 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).
10.6. ALTERNATIVE DISPUTE RESOLUTION
Clause 10.6 above shall be replaced by the following:
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may use out-of-court ways of dealing with complaints and claims in accordance with the procedure of online dispute resolution developed by the Alternative Dispute Resolution Centre. The platform is available at the following link: www.adrcentre.co.nz