I/ GENERAL

The terms and conditions, (the “Terms”) govern: (i) the use of giambattistavalli.com or any potential subdomains (hereafter “Giambattista Valli Eshop” or “the Site”); and (ii) any product or good (“Products”) purchased through an order placed on the Site. In these Terms, “Company,” “we” or “us” means Giambattista Valli SAS.

The contractual party for the purchase and sale of Products on Giambattista Valli EShop is GLOBAL-E France SAS (hereafter “Global-E”). The contractual party for use of the Site is Giambattista Valli SAS.

By ordering and buying Products, or by otherwise completing the applicable order transaction process on Giambattista Valli Eshop, Customers (hereafter “Customers” or ”you”) fully accept the present Terms.

These Terms can be saved and/or printed and are accessible from all the pages of the Giambattista Valli Eshop. They can be amended at any time and the terms applicable are those accepted by the Customer when placing an order.

If you do not agree to these Terms, you will not be able to purchase any products through the Site and you must not access or use the Site.

This Site is operated by Giambattista Valli, a French Société par Actions Simplifiée, with registered office located at 30 rue Boissy d’Anglas, 75008 Paris, France, and registered with the Paris Register of Companies with the number 480 127 968.

GLOBAL-E France is also a French Société par Actions Simplifiée with registered office at 320 rue Saint Honoré, 75001 Paris, France. Global-E is the international sales facilitation and fulfilment partner and will be the company that the Customer contract with for any purchase of products or services. Global-E will take the Customer payment and approved carriers will deliver the orders.

For full details of our returns and refunds policy, please see Section 6 ”Right of withdrawal & Cancellation”.

2/ PERSONAL ACCOUNT

To access certain features on Giambattista Valli Eshop, Customers may be required to create a personal account and consequently submit personal information. All information regarding the Site’s data collection and use policies are available under the Privacy Policy section.

Customers comply with providing only true, accurate, current and complete information and are responsible for maintaining the confidentiality of their account details. The Customers accept all responsibility for any and all information and all activities that occur under their account. Giambattista Valli shall suspend or terminate any account, when it seems reasonable to believe Customers have failed to cope with these Terms.

3/ PRODUCT DETAILS

The Products available for sale on the Giambattista Valli Eshop are all described and presented as accurately as possible (specifications, illustrations, size, composition, etc.). Customers are recommended to check the description of each Product, by browsing the product detail pages, where they should find additional features and guidelines, they might be looking for, since Customers are solely responsible for choosing and buying a Product.

4/ ORDERS

All Customers, aged 18 or older, may order products from the Site. Once an order is placed and Customer has carefully reviewed, understood and accepted the present Terms, Giambattista Valli SAS’ privacy policy as well as the terms of sale and privacy policy of Global-E, the Customer will receive an e-mail from Global-E acknowledging that the order was received with the indication of an order reference number and details of the Product(s) ordered (“Order Reference”). The Order Reference acknowledges that the order was received, yet does not mean it has been accepted by Giambattista Valli.

Note: The seller on record for all contracts for the purchase and sale of Products from the Site is Global-E. Global-E will take the Customer payment and carriers approved by Global-E will deliver the orders. In the event that Global-E rejects, or otherwise makes a change to the Customer order for a valid reason, we will contact the Customer using the email and/or billing address/phone number provided at the time the order was made. Giambattista Valli SAS may as well limit or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. The Customer’s bank or credit card will not be charged if its order is rejected and the amount charged will be proportionally reduced if Global-E limits the quantities in your order.

4/1. CONFIRMATION

Global-E will only accept the Customer offer when an e-mail confirming that the product has been dispatched (“Shipping Confirmation”) is sent to the Customer. Therefore, the contract between the Customer and Global-E will only be formed when the Shipping Confirmation is sent to the Customer via email. The contract will relate only to those products whose dispatch has been confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of the Customer order until the dispatch of such products has been confirmed in a separate Shipping Confirmation.

4/2. PRICE & PAYMENT

Payment is taken and processed by and through our international sales facilitation and fulfilment partner, Global-E. The Customer agrees to pay in full the prices for its purchases in accordance with the Payment Information Policy. The types of payment accepted by Global-E for orders placed through the Giambattista Valli Eshop, as well as any additional details with respect to certain payment types, are set out in the Sites’ Payment Information Policy.

The price of the Products will be as quoted on the Sites from time to time and include VAT (where applicable) at the rate in the delivery destination on the day on which you place your order on the Site. Global-E reserves the right to update such rates regularly at its sole discretion, and the Customer acknowledges that such updates may affect product pricing on the Site. The price quoted on the Site for products excludes shipping charges which, when applied, are quoted separately on the Site and notified before the order is confirmed. However, the final price of the transaction, including all the costs, will be communicated to the Customer in its order summary before confirmation.

If the Customer pays in a different currency from its bank account, the Customer’s bank may charge for currency conversion. Pricing may differ by country or shipping destination.

When placing an order on the Site, the Customer then acknowledges and agrees that: (i) Global-E or one of their third party payment processors will charge the Customer through the payment method selected for its order and such other amounts that may accrue in connection with the order; (ii) the Customer will provide valid and current information for (a) itself and (b) if applicable, another person, but only if the Customer has first obtained express consent to do so; (iii) Global-E may use tools, software or services of payment processors to process transactions on their behalf; (iv) the Customer may be charged additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by its bank or credit/debit card issuer. These additional fees or surcharges are not our or Global-E’s charges or fees and neither we nor Global-E have control over this or any way to mitigate this, as this is purely up to the relationship and commercial terms between the Customer and its bank or credit/debit card issuer. Neither we nor Global-E have any way of knowing in advance whether the Customer will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and our and Global-E’s commitment is to acquire the amount set at checkout in the Customer local currency; and (v) if the Customer payment is not received by Global-E for any reason from its card issuer, the Customer agrees to promptly pay all amounts due upon request and using the method that Global-E reasonably prescribes.

Global-E may contract with a local licensed customs broker at the Customer destination, in which case, by placing an order through the Site, the Customer authorizes the applicable customs broker to act as its agent to: (a) conduct transactions with the local customs authority, (b) execute related documents on the Customer behalf in connection with the import of goods in its order, (c) facilitate its payment of applicable taxes; and (d) if applicable, return such products to Company (subject to these Terms) and (if applicable) handle the associated reimbursement claim for taxes paid. The Customer acknowledges that, in the case of a return of products under these Terms, Global-E may, if in accordance with these Terms, reimburse and refund the Customer for the cost of the merchandise, but not the import charges, which may or may not be reimbursable by the relevant authority. If Global-E is able to obtain on the Customer behalf reimbursement of taxes paid on orders, any such reimbursement will be paid by the applicable tax authority to the customs broker, and then Global-E will reimburse such amounts directly to the Customer if and to the extent, and only after, Global-E receives such amounts from the customs broker.

The Customer may have to pay import duties and taxes, which are levied once a shipment reaches its destination. The Customer must meet any additional charges for customs clearance. Please note, customs policies vary widely from destination to destination. We recommend the Customer contacts its local customs office for further information.

4/3. PRODUCT AVAILABILITY

Product availability on the Site is not guaranteed as products may be low in stock or out of stock when the order is placed. If a product is not available, the Customer order may be rejected. In such a case, we will communicate it to the Customer using the email and/or billing address/phone number provided at the time the order was made. Products displayed on the Site may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Site and stores or between geographies. Prices displayed on the Site are quoted in the local currency of the Customer shipping destination and are valid and effective only in this destination.

4/4. PRICING & OTHER ERRORS

Images, colors, features, details and sizes of the Products are displayed for explanatory and illustration purposes, and intend to describe the Products as accurately as possible. The specificities (technical, display, settings) of the Customer electronic device could however affect the accuracy of the display. Besides, information on the Site might, from time to time, contain seldom inaccuracies (typographical or visual), or omissions that may relate to product descriptions, pricing or availability. The Customer should also note that the prices and availability of Products, as well as services, on the Site are subject to change at any time.

If an error in the price of the products ordered by the Customer is identified after it has been confirmed, the Customer will be contacted so as to re-confirm the order at the correct price or to cancel it. In case the Customer will not be reachable, order will be cancelled.

5/ DELIVERY

Giambattista Valli SAS may use third party companies for Order Reference and delivery notification purposes. These third parties may require an address and phone number as part of the order and delivery process, and the phone number may be used by the third-party company in case of difficulty in locating the delivery address and in order to notify the Customer of an expected delivery time or update to its delivery. When placing an order and agreeing to these Terms at such time, the Customer agrees such information might be disclosed to such third-party companies for these order confirmation and delivery notification purposes only in accordance with our “Privacy Policy”. In this Section of the Terms, « we » also includes Global-E and the third-party companies that we and Global-E use for delivery, Order Reference and delivery notification purposes.

Delivery of products shall be as described in our “Shipping and Delivery Policy”. The products will be delivered within approximately 30 days from when we confirm the order. For convenience purpose, the Customer can track its order at any time online with our Order Status page. Simply provide the Customer’s email address and order number to track the order. Or, click on the tracking link included in the Shipping Confirmation/Customer Invoice email. the Customer can also contact a customer service representative using the contact details under the Contact page of the Site.

The delivery period stated within which the Customer will receive its order is approximate. Products will be sent to the address given when the Customer placed its order. Due to varying item availability, multiple items in a single order may be shipped separately. Each shipment will have its own tracking number and can be tracked on the Order Status page under the same order number. For orders with multiple packages, the package shipped first will bear the total shipping charges (if any).

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Giambattista Valli SAS and Global-E have the right to stop or cease to fulfil the order at any time, including after dispatch of products and/or notification to the Customer that its order has been received and is being processed. The Customer acknowledges that Giambattista Valli SAS and Global-E shall not incur any liability in such circumstances.

Please note international shipments may be subject to cross-border inspections by customs authorities.

We are not presently able to offer the ability to pick up an online order in a Giambattista Valli store. If the Customer wishes to make a purchase in one of our stores, the Customer might refer to Stores section on the website.

The Customer may place an order for products from outside the available destinations, but this order must be for delivery to an address in a listed destination.

6/ RIGHT OF WITHDRAWAL & CANCELLATION

The Customer has a legal right to cancel or withdraw an order during the period of time defined below. During this relevant period, if the Customer does not want to keep a Product for any reason, the Customer should notify Giambattista Valli SAS of its decision to cancel the order and claim a full refund.
This right to cancel an order does not apply in the case of:

  • Products made to the Customer’s specification or that are personalized
  • Sealed products where the seal has been broken after delivery to the Customer
  • Swimwear or underwear where the hygiene strip has been removed

Other products might as well be excluded from the Customer right to cancel. In such a case, the Customer will be clearly informed of this fact, on the product page before the purchase.

The right to cancel/withdraw an order starts when the Customer places an order on the Site and lasts for 14 days thereafter. To exercise this right to cancel/withdraw an order the Customer must first inform us of its decision to cancel, by completing the Cancellation Form. The Customer might also reach out to our Customer Service by writing an e-mail to eshop@giambattistavalli.com, including its order number to help identify it.

If the Customer proceeds with canceling/withdrawing its order in compliance with these Terms Global-E will:

  • Refund the price paid for the Products. However, please note we are permitted by law to reduce the refund to reflect any reduction in the value of the goods, if this has been caused by the Customer handling them in a way which would not be permitted in a shop, for example in a way other than for determining the nature of the goods, their characteristics of their functioning. If the Customer gets a full refund before the good can be properly inspected and potential unacceptable handling from the Customer were to be discovered, then the Customer must pay us an appropriate amount.
  • Refund any delivery costs paid by the Customer, yet, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method)
  • Make any refunds due to the Customer as soon as possible and in any event no later than 14 days after the day on which the Customer informed us on its decision to withdraw from this contract
  • Reimbursement might be withheld until the Products have been received back by us or the Customer has supplied evidence of having sent back the products, whichever is the earliest.

All refunds will be given by Global-E.

If a product has been delivered before the Customer decides to cancel its order, the Customer must return it to us without undue delay and in any event not later than 30 days after the day on which the Customer informed us of its wish to cancel the order. The Customer can access the return portal here, initiate a return authorization form and receive a printable pre-paid return label

6/1. RETURNING ORDERS

The Customer may return Products purchased on this Site directly on the return portal by mail. Products must be returned within 30 days from the day on which the Customer receives its delivery. If the order is shipped in multiple deliveries, the Customer will have 30 days from the day on which the last delivery for that order was received.

Returns must be made within the guidelines in our Return Policy.

Purchases made on this Site may not be exchanged.

6/2. BY MAIL

To return an item(s), please follow these instructions:

  • Securely pack your merchandise (Please try to use the original shipping box and materials)
  • Visit our returns portal to initiate a returns authorization
  • Enter your order number and email address
  • Select the items you wish to return and the reason for your return
  • Select the prepaid delivery label and print both the returns label and returns form
  • Place the returns form inside your parcel before securely closing
  • Affix the prepaid label to your return package
  • Post your return package at a DHL Service Point in your delivery location or request a pick up

The Customer is responsible for properly packaging, labelling and shipping the Product to us, fully subsidized by Giambattista Valli. The Customer should retain its proof of postage as a safeguard for the shipment. Please note that in the event that the Customer chooses another courier or shipping service to return its item, rather than use the pre-paid returns label, unless the return concerns products which are defective or not as described, the Customer will be liable for the cost of return, including any import duties or taxes that may be incurred by Giambattista Valli as a result of using such other carriers.

In the event that an item is returned to us in an unsuitable condition, we may send it back to the Customer.

6/3. OTHER RETURNS

The Customer has rights in relation to products that are faulty or not as described. These rights are not affected by your right of cancellation, return and refund or anything else in these Terms.

6/4. RETURNING A GIFT

Gifts can be returned by post only, as outlined above, when accompanied by a gift receipt or the original returns form. Please note that refunds can only be processed against the original account in the same form of payment in which it was received, unless payment was made in the form of cash on delivery (where applicable), in which case the refund will be returned via bank transfer or paypal.

7/ WARRANTY

The Customer should comply with any safety warnings and precautions related to a Product. If the Customer does not feel comfortable with using the Product after reading the safety warnings, the Customer should return the Product to us, in accordance with the above Returns Policy. To the fullest extent permissible by applicable law, we are not responsible for (i) the Customer failure to follow safety warnings, precautions or any other instructions provided with the product, (ii) the Customer negligence in use of the product, or (iii) the Customer intentional misuse of the Product. The express warranties offered with our products are in addition to, and do not affect, the Customer’s legal rights in relation to Products that are faulty or not as described.

7/1. CONFORMITY AND HIDDEN DEFECTS

Giambattista Valli SAS is bound by the statutory warranties relating to conformity and defects in the Products sold to the Customer on Giambattista Valli Eshop. When acting on the ground of the statutory warranty of conformity, the Customer

  • Has a period of two years from the delivery of the Product to act against Giambattista Valli SAS
  • When repair is possible, is invited to choose between repair or replacement of the Product, subject to the cost conditions set out by article L. 217-9 of the French consumer code
  • Is exempt from providing proof of the existence of the non-conformity of the Product during this timeframe

The statutory warranty of conformity applies independently of any commercial warranty that might be offered. The Customer could decide to launch a claim under the warranty for hidden defects in the item sold as per to 1648 and 2232 of the French civil code and, in this case, the Customer can choose between cancelling the sale or a reduction in the sale price in accordance with article 1644 of the French civil code. The Customer shall verify the Products received are as ordered and, in the event of a non-conformity or defect under the relevant statutory warranties, shall contact the Customer Services which will provide the necessary information relating to the return of Products and replacement or refund.

Article L217-4 of the French Consumer Code: The seller shall deliver a product that conforms to the contract and is liable for any non-conformities existing upon delivery. It is also liable for non-conformities resulting from packaging, assembly instructions or installation when responsible for this under the contract or when this has been carried out under its supervision.

Article L217-5 of the French Consumer Code: The product conforms to the contract:

  • If it is fit for the purpose usually expected of a similar product and, where applicable:
    • if it matches the description provided by the seller and has the properties the seller presented to the buyer in the form of a sample or model;
    • if it has the properties a buyer can legitimately expect based on the public representations made by the seller, the producer or by its representative, particularly in advertisements or labels;
  • Or if it has the features defined by agreement by the parties or is fit for any special use sought by the buyer, which has been notified to and accepted by the seller.

Article L217-16 of the French code of consumer law: When the buyer asks the seller for a repair covered by the guarantee during the period of the said guarantee granted when the moveable good was acquired or repaired, any period of immobilization of at least seven days is added to the remaining period of the guarantee. This period starts when the purchaser requests action or make the good in question available for repair, if this postdates the request for action.

Article L217-12 of the French Consumer Code: Actions resulting from non-compliances are limited to two years from delivery of the product.
Article 1641 of the French Civil Code: The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the purpose for which it is intended, or restrict this purpose to such an extent that the buyer would not have purchased it or would only have paid a lower price, if he had known this.

Article 1648 para 1 of the French Civil Code: Actions resulting from hidden defects must be brought by the buyer within a period of two years from the discovery of the defect.

The Customer is also informed of the existence of the statutory warranty of conformity of goods in its country of habitual subject to national conditions.

7/2. EXCLUSION OF WARRANTY

If the Products returned by the Customer do not correspond to the Products ordered or originate from somewhere other than the Giambattista Valli Eshop, Giambattista Valli SAS will not be bound by its obligations described above. It should be noted that statutory warranties do not cover damage or defects resulting from an external cause (accident, knock, etc.) or from the Customer’s misuse, or non-conform use of the Products with regards of Products characteristics.

Equally, this clause does not apply if the Products were not purchased on the Site, as statutory warranties are binding on the seller from which the Products were purchased.

8/ RESPONSIBILITY & LIABILITY – GOVERNING LAW & MISCELLANEOUS

Unless willful misconduct or major negligence can be attested, in no other circumstances Giambattista Valli SAS will be held responsible for any potential damage. Giambattista Valli SAS is not be liable for any delay or failure to complete the order due to circumstances beyond our reasonable control.

These Terms and any order made through the Giambattista Valli Eshop are governed by French law barring legal provisions to the contrary imposing the applicability of a foreign law. However, application of the laws of France cannot result in depriving the Customer of the level of protection provided by provisions of mandatory laws of its country of habitual residence. You agree that the courts of Paris, France, shall have exclusive jurisdiction over any and all dispute arising out of or in connection with these Terms or your use of the Site.

In the event of dispute concerning the Giambattista Valli Eshop, these Terms and/or an order, Giambattista Valli SAS invites the Customer to contact the Customer Service, with the indications available under the Contact section of the website, in order to refer its claim of dispute and try to find an amicable solution with Giambattista Valli.

Giambattista Valli also informs its Customers that in order to settle a dispute generated by a contract of sale finalized online out of court, and without prejudice to the Consumer’s right to access the protection of the judiciary system, it is possible to submit an online claim on the European platform for online dispute resolution (ODR) at the following address: http://ec.europa.eu/consumers/odr/, in compliance with the provisions of Legislative Decree No. 130 of 6 August 2015 and (EU) Regulation No. 524/2013 of the European Parliament and Council of 21 May 2013 regarding the resolution of online consumer

If any of the provisions contained in these Terms is found to be invalid, null and void or inapplicable for any reason, such provision will be deemed to be separable and will not prejudice the validity and applicability of the other provisions.

Only the Customer, Global-E and Giambattista Valli SAS shall be entitled to enforce these Terms. No other person shall have any rights to enforce any of its terms. We may transfer or delegate our rights and obligations under these Terms either in whole or in part to another organization, without the Customer prior consent and without prior notice only if this transfer does not affect the Customer’s rights or obligations under these Terms. Our failure to or delay in exercising or enforcing any right or provision of these Terms shall not constitute a waiver of such right or provision or mean that the Customer no longer has to comply with its obligations under these Terms. We may provide notifications to the Customer by email to the email address provided to us at the time of ordering, by hard copy, or by posting such notice on the Site when a product was purchased through the Site. We are not responsible for any automatic filtering the Customer or its network provider may apply to email notifications. We recommend Customers to add giambattistavalli.com URLs to their email address book to help ensure they receive email notifications from us. In providing notifications to them, we will at all times comply with the Privacy Policy. If for any reason any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms shall remain in full force and effect. We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under these Terms that is caused by any force majeure act or event beyond our reasonable control. Customers may cancel an order affected by an event outside our reasonable control (including non-delivery) which has continued for more than 30 days. If the Customer opts to cancel, the Customer will have to return (at our cost) any relevant products already received and we will refund the price paid, including any delivery charges.

9/ ACCESSIBILITY

Access to Giambattista Valli Site and especially Giambattista Valli Eshop is provided on a temporary basis. The Company may terminate, change, suspend, restrict or discontinue any access to and/or the operation of any aspect of the Site at any time, for any reasonable reason without notice or liability (including if we reasonably believe that there is a breach of these Terms and unable to cure such breach or if maintenance is required on the Site). Customers are responsible for making all arrangements necessary for them to have access to the Site.

10/ PROPRIETARY RIGHTS & LIMITED LICENCE

10/1. PROPRIETARY RIGHTS

Except for the information provided by the Customer, Giambattista Valli SAS owns, solely and exclusively, all rights, title and interest (including copyright) in and to the Site, all the content, code, data and other materials (hereafter the “Site Content”). As well, the Site design and architecture, and the compilation and organization of the Site Content, including but not limited to any copy right, author’s rights, trade mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Using the Site does not grant the Customer to any ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant the Customer any license to use or display it except as expressly permitted by the Company.

No part of the Site or Site Content (or any of our Products) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, converted, reverse-engineered, exploited, distributed or used in any manner whatsoever, without the Company written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes and any other limits as permitted by the applicable law.

All the content available on giambattistavalli.com is owned and exclusively available to Giambattista Valli SAS and its content suppliers, and are protected by French copyright and other intellectual property laws.

Giambattista Valli SAS has the right to claim the ownership of any Content published on the Site, at any time, and to oppose any use, distortion or modification of any such Content.

10/2. LIMITED LICENCE

Subject to these Terms, we grant to you a non-exclusive, non-transferable, not-sublicensable, limited license to access, view, use and display the Site and Site Content on your computer or other devices, provided that you comply fully with these Terms.

The Site and Site Content are for your personal, educational and non-commercial use only. No part of the Site or Site Content (or any of our products advertised or sold on the Site) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, converted, reverse-engineered, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes and any other limits as permitted by the applicable law.

Giambattista Valli grants you a non-exclusive, revocable right to create a hyperlink pointing to the Site’s homepage, on the condition that this link does not jeopardize Giambattista Valli’s interests. In particular, inserting a hyperlink that may cause viewers to believe that the items presented were counterfeit could jeopardize Giambattista Valli’s interests.

This hyperlink may not invoke the Company’s liability under any circumstances whatsoever

11/ PROTECTION OF PERSONAL DATA

Giambattista Valli invites Customers to consult the “Privacy Policy” section, accessible via the Site’s homepage, for more information on how we process personal data and the Customer’s rights in relation thereto.