GENERAL CONDITIONS OF USE

 

The Website www.viktor-rolf.com and its services and content (hereinafter the "Website") are made available to users and/or customers (hereinafter the "Users" or the "User") for the promotion and the sale of Viktor&Rolf products and the supply of related services, such as, for example, the newsletter and contact form (hereinafter the "Purposes").

The Website is managed by VIKTOR & ROLF B.V., a company incorporated and existing under the laws of the Netherlands, having its registered office at Danzigerkade 55 – 1013 AP Amsterdam (the Netherlands) (hereinafter the "Manager”).

The access, consultation, registration and any use of the Website and its content and services, as well as the purchase of the products offered therein (hereinafter the "Use" or "To use"), are activities governed by these general conditions of use (hereinafter "General Conditions of Use").

The use of the Website involves the knowledge of these General Conditions of Use and implies their unconditional and full acceptance.

Therefore, we would like you to carefully read the General Conditions of Use, as well as the Privacy Policy and the General Conditions of Sale, before using the Website.

 

1. USE OF THE WEBSITE

1.1 The use of the Website is authorized exclusively for personal purposes strictly related to the Purposes and not attributable, even in part, to any professional, entrepreneurial, artisanal and/or commercial activity.

1.2 The use of the Website is allowed only to persons of legal age.

1.3 In using the Website, the User undertakes not to:

1. a) communicate information and/or data that are false, incorrect and/or relating to third parties, without them have given their consent and/or make an incorrect use of the same data;
2. b) upload, communicate and/or transmit materials, contents, links, files, and anything else that:
3. are obscene, intimidating, offensive, harmful, violent, fraudulent, confidential or illegal;
4. are spam, pyramid or chain communications or any other form of advertising or commercial or promotional communication not authorized in writing by the Manager;

III. are technically dangerous or harmful, such as, for example, computer viruses, malware, codes, and other tools that can damage the computer systems of either the Manager or third parties;

1. c) interfere, interrupt, damage, violate and/or tamper with the Website and its normal functioning;
2. d) violate the rights of third parties, the General Conditions of Use and sale on the Website and/or any provision of the legal system in force, such as, by way of example, laws on copyright, as well as the EU Regulation 679/16 (GDPR) and the Law Decree of 30th June 2003, no. 196, concerning the protection of personal data.

1.4 The Manager keeps the right to interrupt, suspend and/or revoke the use of the Website, also by reason of discretionary evaluations and without any obligation to give reasons. The User acknowledges and accepts that the Manager will never be responsible for any interruptions, suspensions and/or revocations of the use of the Website.

 

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS AND DATABASES

2.1 Any rights to the content present or made available on the Website or related to it, such as, but not limited to, texts, images, photographs, music, sounds, videos, drawings, logos, graphics, layouts, source codes, software, design, adopted technical solutions, structures created for the Website and databases (hereinafter the "Contents") are owned by the Manager or the relevant owners who have direct and/or indirect commercial relationships with the Manager and are protected by current national and international laws relevant to the protection of intellectual and/or industrial property rights and/or of databases.

2.2 With the exception of the temporary reproduction of Content for activities without economic significance and strictly related to the Purposes, it is forbidden to modify, reproduce, publish, transfer, disseminate and/or otherwise use, in any form and manner, any Content without the written consent of the Manager.

2.3 In any case, it is understood that the use of the Website by the Users does not give them any rights to the Content.

2.4 The User cannot perform operations that are in contrast with the normal management of the database of the Manager and of the relative owners who directly and/or indirectly entertain commercial relations with the Manager or that cause them an unjustified prejudice.

2.5 Within the limits of the provisions of the current national and international law that protects intellectual and industrial property rights and/or databases, it is forbidden to systematically extract and/or use any Website Contents, including through data mining, robots and other data acquisition and extraction systems, as well as creating and/or disseminating data collections that reproduce in whole or in part the Website Content and the services provided, without the written consent of the Manager.

 

3. TRADEMARKS AND DOMAIN NAMES

3.1 The trademarks, the domain name and all the other distinctive marks contained and/or related to the Website are under the exclusive license and/or ownership of the Manager or of the respective owners who have commercial relations directly and/or indirectly with the Manager.

3.2 It is forbidden to use these distinctive marks in any form and manner without having previously obtained the written consent of the Manager or their respective owners.

3.3 It is, in any case, forbidden to use the name of the Manager and of the subjects that have commercial relations directly and/or indirectly with the Manager, as well as of the distinctive marks they own, such as, for example, domain names and trademarks, through metadata (such as, for example, meta-tags and keyword-tags), without the written consent of either the Manager or their respective owners.

 

4. LINKS TO OTHER WEBSITES

4.1 The Website may present hyperlinks or "links" to other websites which may have no connections with the Website.

4.2 These links are exclusively indicated by the Manager to facilitate the Users’ navigation on the web and the connection to other websites.

4.3 The indication of a link does not imply any kind of suggestion, sponsorship and/or recommendation by the Manager for the use of linked websites, nor any type of guarantee regarding the related contents, services and/or goods offered and/or sold by them.

4.4 The Manager (except in cases where this is expressly indicated) does not control, in any way, websites connected by links, nor the information, materials and products contained therein, and, therefore, the User acknowledges that the Manager cannot be held responsible for the actions, services, products, contents and policies of those websites, as well as for their methods of processing personal data and their conditions of sale.

4.5 It is, therefore, suggested that the User carefully reads the conditions of use, the conditions of sale, the privacy policy, and any other legal notice on websites other than the Website.

 

5. LINKS TO THE WEBSITE

5.1 It is possible to activate hypertext links to the Website, subject to written authorization from the Manager. For this purpose, contact the Manager at the following e-mail address: store@viktor-rolf.com.

The Manager has, at any time, the right to oppose the activation of direct links to the Website, also in consideration of the previous adoption by the applicant of unfair or non-compliant commercial practices or practices of unfair or discrediting competition against the Manager.

5.2 It is forbidden to activate deep hypertext links (such as, but not limited to, deep links or deep frames) to the Website, without the written consent of the Manager.

 

6. USE OF THE PERSONAL ACCOUNT

6.1 The User undertakes to provide correct and complete data when registering a personal account and to promptly notify the Manager of any changes to the data provided.

6.2 The User who owns a personal account at the Website should keep the access credentials confidential and monitor the regular operations of the account, giving immediate communication of the use or attempt to use his/her account by unauthorized third parties.

6.3 The User agrees to be considered the one and only responsible for all actions taken through his/her account, as well as for any harmful consequences or prejudices that may arise against the Manager, or third parties, following the use of the personal account in violation of the General Conditions of Use, of the other legal notes contained on the Website and/or of the applicable regulations in force, as well as of the loss and theft of access credentials.

6.4 The Manager always has the right to suspend, modify or cancel the personal account of the User in case of violation of the General Conditions of Use, of the other legal notices contained on the Website, of the laws of the current legislation or also by reason of discretionary assessments of the Manager and without the obligation of any motivation. The User acknowledges and accepts that the Manager will not, under any circumstances, be held responsible for any suspensions, changes and/or cancellations of his/her personal account.

 

7. GUARANTEES AND RESPONSIBILITIES FOR THE WEBSITE USE

7.1 The Manager makes the Website available to the User in its current state without any kind of guarantee, express or implied, for the User.

7.2 The Manager does not guarantee the regular functioning of the Website and those related to it, even indirectly. Within the limits permitted by law the Manager will not be liable for any type of damage resulting from the use of the Website and the websites of third parties, even indirectly connected to it, such as, by way of example, damage to computer systems, damage from loss of data or commercial opportunity, damage from interruption of economic activity or deriving from any errors, delays, omissions, and inaccuracies of the Website.

7.3 The User acknowledges and accepts that the Manager cannot be held in breach of his obligations or responsible for any damage caused by the failure or incorrect operation of the hardware and software components of the User and/or third parties, telephone and/or telematic connections that are not managed directly by the Manager, as well as for the actions of other Users and/or third parties.

7.4 The User is the one and only responsible for the Use of the Website. Within the limits permitted by law, no responsibility can be attributed to the Manager for the Use of the Website that is contrary to the regulations of the legal system in force, to the legal notes contained on the Website and/or detrimental to the rights of third parties. Within the limits of the provisions of current applicable law, the User undertakes to indemnify and hold the Manager harmless from all charges and damages, including legal fees, which may be caused by his/her use of the Website in violation of the rules of the legal system in force, the legal notes contained on the Website and/or his/her use that is detrimental to the rights of third parties.

 

8. PRIVACY POLICY

8.1 In relation to the processing of Users' personal data, refer to the Privacy Policy.

8.2 For the use of specific services provided at the request of the User, specific information will be provided and, where necessary, specific consents will be requested for the processing of their personal data.

 

9. WARNINGS

9.1 The Manager has taken every precaution to prevent content from being published on the Website that describes or represents scenes or situations of physical or psychological violence or such that, according to the sensitivity of Users, may be considered harmful to civil convictions, human rights, and dignity of people. In any case, the Manager does not guarantee that the content of the Website is appropriate or permissible worldwide. However, if the content is unlawful or illegal in a country, it is recommended not to access the Website and, if the User decides to access the Website despite this, the use of the provided services will be under the exclusive and personal responsibility of the User.

9.2 Without prejudice to the provisions of the legal notices of the Website and the rules of the legal system in force, the Manager reserves the right to modify - at any time and without obligation of communication - any information, content, and other elements of the Website.

9.3 The fact that the Manager and/or third parties who have commercial relations, even indirectly, with the Manager delay or fail to exercise their right on the basis of the General Conditions of Use, of other legal notices of the Website and of the current legal regulations, does not constitute a waiver to assert their right, in relation to performed actions or actions which will be performed in the future.

 

10. APPLICABLE LAW AND CONTROVERSIES

10.1 These General Conditions of Use are ruled by laws of the Netherlands.

10.2 In the event of disputes arising from the General Conditions of Use between the Manager and the User, the User can access the platform for online dispute resolution provided by the European Commission with the link https://webgate.ec.europa.eu/odr  

 

11. CHANGES IN THE USE CONDITIONS

11.1 The Manager may modify, in whole or in part, the General Conditions of Use, also in consideration of any regulatory changes and/or of their commercial policies. The changes to the General Conditions of Use will be communicated to Users on this page of the Website and will be binding as soon as they are published on the Website.

11.2 The User will be subject to the General Conditions of Use provisions from time to time in force at the time in which the User navigates on the Website.

 

12. CUSTOMER CARE

12.1 For assistance on the Products, more information, suggestions, complaints and/or further requests, the Customer can contact the Manager's customer service at any time by completing the Contact us form or writing to:

- by e-mail: store@viktor-rolf.com

- by mail: Danzigerkade 55 – 1013 AP Amsterdam (the Netherlands).

 

GENERAL CONDITIONS OF SALES

 

These General Sales Conditions (hereinafter “General Sales Conditions”) rule the product sales on the website www.viktor-rolf.com.

The products purchased from the Website (hereinafter the “Products”) are sold directly by VIKTOR & ROLF B.V., a company incorporated and existing under the laws of the Netherlands, having its registered office at Danzigerkade 55 – 1013 AP Amsterdam (the Netherlands) (hereinafter the “Seller”).

By sending the purchase order, you are declaring that you have completely read and accepted the following General Sales Conditions.

 

1. PREAMBLE

1.1 These Sales Conditions rule the sale of the Products from the website https://www.viktor-rolf.com/ (hereinafter the “Website”).

1.2 The Seller offers the Products on sale by means of the Website only to final users who are “consumers”, i.e., individuals who have no commercial, professional, or entrepreneurial targets (hereinafter the “Customer”).

1.3 The sale of the Products on the Website is intended exclusively for persons who are of age.

1.4 The sale of Products on the Website refers exclusively to the countries indicated in the list of shipping countries on the relevant page of the Website, accessible via the Homepage.

1.5 The Seller reserves the right to provide for a maximum limit of Products, or types of Products, that can be purchased on the Website.

1.6 Therefore, the Seller is entitled not to execute orders either from subjects who are not “consumers” and/or "minors”; from countries not included among those indicated among the shipping countries; or, in any case, to orders that do not comply with the Seller’s commercial policy.

1.7 The General Sales Conditions don’t rule the supply of services or the sale of products from subjects who are not the Seller even if they are present on the Website by means of links, banners or other hypertextual connections. It is the Customer’s responsibility to check the sales conditions before sending an order and purchasing products and services from other parties who are not the Seller. Therefore, the Seller is not responsible for the sales of goods and/or the supply of services from third parties and/or for the conclusion of agreements between the Customer and third parties.

 

2. PURCHASE ORDER OF THE PRODUCTS

2.1 To order one or more Products on the Website, the Customer must select the Products it intends to purchase and then add them to the shopping cart. Once the selection of the chosen Products has been completed, the Customer must continue with the checkout via the shopping cart web page, fill in the order form in the electronic format, according to the relative instructions, and send it to the Seller.

2.2 The languages available for the conclusion of the purchase order are indicated, for each country, in the section relating to the shipping countries accessible at the bottom of the Homepage.

2.3 The purchase order of the Products can be made by the Customer both through its personal account, if registered on the Website, and through the guest user mode, providing, in this case, the required personal information to proceed with the execution of the order.

2.4 The order form contains a reference to these General Sales Conditions and a summary relevant to the essential characteristics of each ordered Product and its price (including taxes or applicable fees), the payment methods, the methods of delivery the purchased products, the shipment and delivery costs, the conditions to follow for the right of withdrawal and the methods for returning the purchased Products.

2.5 Before purchasing the Products and sending the order form, the Customer should carefully read these General Sales Conditions and Customer should also be able to print, be familiar with or copy them for its personal uses. By sending the order form, the Customer declares that it understands and accepts its contents as well as the General Sales Conditions and the Conditions of Use of the Website. The order won’t be executed if these contents are not fully accepted.

2.6 Before submitting the purchase order form, the Customer should review the details of the order, as well as identify and correct any data entry errors.

2.7 When the Customer forwards the order form, it implies the Customer’s obligation to pay the amount indicated in the order.

2.8 The presence of the Products on the Website should be understood as an invitation to offer by the Seller. The sending of the purchase order by the Customer to the Seller is valid as a purchase proposal for the individual Products listed in the order.

2.9 Upon receipt of the purchase order, the Seller will email the Customer a receipt of the purchase order that will contain a summary of the General Sales Conditions, the information relating to the essential characteristics of the Products and the price details (including all applicable taxes or duties), payment methods, conditions, and methods of exercising the right of withdrawal and delivery costs. This e-mail is an automatic confirmation of order receipt and does not imply the acceptance by the Seller of the Customer's purchase order.

2.10 The Customer's purchase order is accepted by the Seller when the Seller sends an e-mail confirming the shipment of the ordered Products.

2.11 The Seller is entitled to refuse a purchase order. That can occur, for example, if the Products are not available or if the orders are incomplete or incorrect or that don’t give enough guarantees of their solvency or if the orders don’t comply with the Seller’s commercial policy and/or the General Sales Conditions. In these cases, the Seller will immediately inform the Customer by email, and, in any case, within 30 days from the day the order was sent to the Seller. The Seller will let the Customer know the contract was not completed and the order won’t be executed. If the Customer has already sent the purchase form and paid for the items, the Seller will reimburse the paid amount.

2.12 The order form will be filed in the Seller's database for a period necessary to process the orders and, in any case, in compliance with the law. The Customer, if registered on the Website, will be able to view the orders placed by accessing its personal account and then by consulting the appropriate section of the Site. The Customer who made the purchase as a "guest" user can check the orders placed by contacting the Customer Service as given in paragraph 11 "Customer Service" of these sales conditions.

2.13 With respect to selected Products, a pre-order option may be made available to the Customer before such Products are available for purchase on the Site itself or in other outlets (both physical and online). In this way and while stocks last, based on the pre-order order the Customer is granted priority on the purchase of the pre-ordered Products. The Customer may add the Product on pre-order to the cart and subsequently submit the purchase order in the manner provided in Article.

2.15 At the time the purchase order is submitted, the Customer is notified of an estimated delivery date for the pre-order Product. The Customer acknowledges the fact and accepts that the estimated delivery date, being Product not yet available for sale to the public, may be subject to change. The delivery period referred to in Article 6, in case of purchase of the Product in pre-order mode, shall in any case run from the time when the Product has been shipped.

2.16 The Customer may cancel the order of the Product booked in pre-order, until the moment of its shipment (communicated in the manner set forth in Article 2.13 above). Thereafter, the Customer may withdraw from the contract concluded with the Seller in the manner provided for in Article 6 below.
2.17 With reference to Products purchased by pre-order mode, payment for the Product, shipping and other charges that may be applicable is processed when the Product is purchased.

 

3. CHARACTERISTICS OF THE PRODUCTS

3.1 The essential characteristics of the Products sold by the Website are given in each Product chart. The images and the colors of the Products on sale might not correspond exactly to the real ones due to the Internet browser and/or the available monitor.

3.2 Each Product is sold on the Website with its identification tag, which is an integral part of the Product itself.

 

4. PAYMENTS

4.1 The prices of the Products indicated on the Website are expressed in euros (€) and include all applicable taxes and fees. The prices of the Products, on the other hand, do not include shipping and delivery costs which will be clearly indicated at the beginning of the Product purchase procedure.

4.2 The prices of the Products may be subject to variations. The Customer, therefore, should check the final sale price before sending the relative order form.

4.3 The payment methods can be found on the Payment options page of the Website, as well as indicated in the single purchase order form, and they are an integral part of the General Sales Conditions.

4.4 The purchase price of the Products and the shipping costs, as indicated in the order form, will be charged after the Customer has sent the purchase order and before the Products are shipped by the Seller.

4.5 If the payment is by credit card, the financial information (such as credit/debit card number and expiry date) will be sent by cryptographic protocol to banks or companies that supply the electronic remote payment without third party access to it. This information will never be used by the Seller except for completing the purchase procedures or for reimbursement in the case where the Products are returned, after the right of withdrawal have been implemented, or if it is necessary to prevent or inform the police about fraud on the Website.

4.6 If the Product is delivered to a country belonging to the European Union, no customs clearance costs, such as import taxes and/or duties, should be due.

If the delivery is to a country outside the European Union, the Products sold may be subject to customs clearance costs, such as import taxes and/or duties, which will be borne by the Customer, except where otherwise specified on the Website.

 

5. DELIVERY OF THE PRODUCTS

5.1 The delivery of the Products ordered on the Website is carried out by express and/or standard delivery. The costs, methods and delivery time of the Products are given in the page and in each purchase order form and they are integral part of the General Sales Conditions.

5.2 The delivery time of the Products of the Website are just an indication and include only working days, but not bank holidays.

5.3 The Customer shall place the order directly from the Website page of the country identical to the delivery address.

Those orders carried out in a country different than the destination country or to an address that is not accepted by the Seller’s courier (such as PO box and undressed mail) will be automatically deleted.

 

6. RIGHT OF WITHDRAWAL

6.1 The Customer is entitled to withdraw from the agreement concluded with the Seller without any penalty and without giving any reason, within 14 working days from the day it has received the Products purchased from the Website.

6.2 To exert the right of withdrawal, the Customer can send a communication where the latter declares its decision to withdraw from the contract and gives its personal details (name, surname, address, and e-mail), the order date and the date when the Products were received, the order number and the purchased Products. The Customer can use the withdrawal form available through the Return Portal. In any case, the notice of withdrawal must be sent to the Seller through the return portal indicated on the relevant Return page on the Website.

6.3 If the right of withdrawal is exercised, the Product cannot be replaced with another one; the Customer will have to place a new order to purchase a new Product.

6.4 The Customer is responsible for the decrease in the value of the Products resulting from the manipulation of the Products other than that necessary to establish the nature, characteristics and functioning of the Products themselves.

6.5 The Seller reserves the right to not proceed with the withdrawal procedure if the Products are returned without the identification tag.

6.6 The right of withdrawal cannot be exercised in the following cases:

• tailor-made or customized Products;
• sealed Products that cannot be returned for hygienical or healthy reasons;
• sealed Products that have been opened after the delivery.

 

Time and methods of returns

6.7 The Products subject to withdrawal must be returned to the Seller. To proceed with the return, the Customer must return the returned Products within 14 days from the day following the notification of withdrawal from the Customer to the Seller (days are calculated from the date of proven notification and include holidays). The Customer must send the returned Products to BLECKMANN AMSTERDAM, Beiraweg 11, 1047 HN, Amsterdam (The Netherlands) along with the return label downloaded from the return portal indicated on the Website.

6.8 Except where otherwise stated on the website, the payment of the direct costs of returning the Products is charged to the Seller.

6.9 It is recommended, if possible, to return the Products inside the packaging sent by the Seller with the identification tags and labels present at the time of delivery.

 

Time and method of reimbursement

6.10 After returning the Products, the Seller will check that they comply with the conditions and terms given in paragraph 6.

6.11 If the assessment is positive, the Seller will send the Customer, by e-mail, the confirmation that the returned Products are accepted and will reimburse all the amounts received by the Customer including the shipment expenses. The Seller will not reimburse the extra shipment costs if the Customer has chosen a delivery different from the less expensive delivery method that is offered by the Seller.

6.12 Despite the payment method chosen by the Customer, the reimbursement is carried out by the Seller after checking the correct execution of the withdrawal right and in the shortest time possible and within fourteen (14) days starting from the day that the Seller receives the return communication. The reimbursement may be suspended by the Seller until the Products are received or until the Customer demonstrates that it has returned the Products, whichever is earlier.

6.13 The Seller will reimburse the Customer by using the same method that the Customer has used for the purchase unless it is agreed differently. If there is not a correspondence between the recipient of the Products and the person who paid for the purchase, the Seller will reimburse the person who carried out the payment, unless it is agreed differently.

6.14 If the procedures and terms for exercising the right of withdrawal are not followed, as specified in this art. 6, the Customer will not be entitled to a reimbursement of the amounts already paid to the Seller; however, the Customer may, at its own expense, obtain the Products in the state in which they were returned to the Seller.

 

7. LEGAL GUARANTEE OF CONFORMITY

7.1 The Seller is required by law to provide a Product that meets the contract with the Customer.

7.2 The Seller is not liable for any indirect, additional, or consequential damage, of any kind whatsoever, that the Customer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the purchase price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.

 

8. PRIVACY

8.1 The Customer might get information relevant to the processing of personal data entering the Privacy Policy .

 

9. APPLICABLE LAW AND RESOLUTION OF DISPUTE

9.1 The General Sales Conditions are ruled by the Dutch law.

9.2 In the event of dispute between the Seller and the Customer arising from the General Sales Conditions and with reference to the sales made in the European Union territory, the Customer can enter the platform for the resolution of an online dispute provided by the European Commission from the link https://webgate.ec.europa.eu/odr.

9.3 Except for the cases provided for by art. 9.2 above, the courts competent to decide any dispute arising from the application of these General Sales Conditions or from the execution of the order will be Dutch courts.

 

10. CHANGES OF THE GENERAL SALES CONDITIONS

10.1 These General Sales Conditions can also be modified by the Seller in the event of changes in the regulations. The new General Sales Conditions will be valid from the day on which they are published on the Website. Therefore, the Customers should visit the Website regularly and check the latest version of the General Sales Conditions before purchasing any product.

10.2 The General Sales Conditions applicable to every agreement concluded by means of the Website are those that are valid on the day when the purchase form is sent.

 

11. CUSTOMER CARE

11.1 For assistance on the Products, more information, suggestions, complaints and/or further requests, the Customer can contact the Manager's customer service at any time by completing the or writing to:

- by e-mail: store@viktor-rolf.com

- by mail: VIKTOR & ROLF B.V. with registered office at Danzigerkade 55 – 1013 AP Amsterdam (the Netherlands).