Terms & conditions of use
Welcome to our website www.missoni.com, available by desktop or mobile web, or smartphone application (the “Site”). The use of the Site, including the use of any services or features offered through the Site (“Services”), as well as the sale and purchase of products (“Products”) through the Site, are subject to the general terms and conditions set forth below (the “Terms and Conditions”).
By accessing the Site, using any Services and/or purchasing Products through the Site, you (hereinafter, collectively “you”, “your”, or the “User”) certify that you are 18 years of age or older and YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE TERMS RELATED TO BINDING ARBITRATION, WAIVER OF CLASS ACTION, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. If you are under the age of 18 but at least 13 years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
These Terms and Conditions constitute an agreement between you, on the one hand, and Missoni USA, Inc., a company incorporated and existing under the laws of the State of New York (“we”, “our”, “us”, “Missoni”), with principal address at 676 Madison Avenue, 10065 - New York, US on the other hand.
Missoni reserves the right to update or modify these Terms and Conditions at any time without prior notice. The latest version of the Terms and Conditions will be posted on the Site. We recommend that you review these Terms and Conditions before purchasing any Products or using any Services. If you do not agree, in whole or in part, with these Terms and Conditions, we ask you to refrain from accessing the Site, purchasing any Products, or using any Services through the Site.
If you need assistance with a Product purchased through the Site, please visit our “Customer Service” section to find information about orders and shipping, refunds and returns, and other general information about the Services provided through the Site.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. The contents of the Site, such as, but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including menus, web pages, graphics, colors, diagrams, tools, fonts and the design of the Site, the diagrams, layout, methods, processes, functions and software that are part of the Site, are protected by copyright and any other intellectual property rights of Missoni and of the other owners of such intellectual property rights.
2.2. The reproduction, in whole or in part, in any form whatsoever, of the Site and its contents is prohibited unless express consent is provided by Missoni in writing or, if necessary, by the authors of the individual works contained on the Site. Missoni has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents. Any act of reproduction must be, in any case, carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of Missoni and of the authors of the individual works contained on the Site.
2.3. Each User is only authorized to view the Site and its contents. Each User is, moreover, only authorized to perform all those temporary acts of reproduction, devoid of any economic significance of their own, which are considered transient or incidental, and an integral and essential part of the very display of the Site and its contents, and all other browsing operations on the Site that are performed only for a legitimate use of the Site and its contents. Moreover, Users are not authorized to make any reproduction, on any medium whatsoever, in whole or in part of the Site and its contents.
2.4. The authors of individual works published on the Site have, at any time, the right to claim ownership of their works and to object to any distortion, alteration or other modification of the works themselves, including any damaging act to the works, that are detrimental to their honor or reputation.
2.5. Each User, by accessing and/or using the Site, undertakes to respect the copyrights and other intellectual property rights of the artists who have chosen to publish their works on the Site or who have collaborated with the Site in the creation of new forms of expression and art intended for publication, even if not exclusively on the Site or, again, forming an integral part thereof. Furthermore, no User is, under any circumstances, authorized to use, in any manner or form whatsoever, the contents of the Site and/or any individual work protected by copyright and by any other intellectual property right. By way of example but not limited thereto, no User may alter or otherwise modify the contents and/or protected works without the written consent of Missoni and, where necessary, of the individual authors of the works published on the Site.
3.1. All distinctive marks that distinguish the Products sold and/or offered on the Site are registered trademarks of their respective owners and are used within the Site for the sole purpose of distinguishing, describing and advertising the Products for sale on the Site.
3.2. Missoni and all other registered trademark owners have the right to make exclusive use of the trademarks they own. Any use of these trademarks not in accordance with the law is prohibited and carries serious legal consequences. It is in no way permitted to use these trademarks and any other distinctive mark present on the to take unfair advantage of their distinctive character or of the reputation of these trademarks or in such a way as to cause harm to them and their owners.
4. LINKS TO OTHER WEBSITES
5. SITE CONTENTS; DISCLAIMERS
5.1. Missoni has taken commercial precautions to prevent the publication on the Site of content describing or representing scenes or situations of physical or psychological violence or that may otherwise be considered harmful to civil beliefs, human rights and the dignity of persons, in all its forms and expressions. However, Missoni does not guarantee that the contents of the Site are appropriate or lawful in your jurisdiction.
5.2. Missoni publishes information on the Site as a convenience to you. We attempt to provide accurate and timely information on the Site. However, Missoni accepts no responsibility towards Users for the accuracy and completeness of the content published on the Site.
5.3. Missoni cannot guarantee to users that the Site will operate continuously, without interruptions and/or without errors or malfunction due to Internet connection. If you experience any problems using our Site, please contact Customer Service. One of our operators will be available to provide assistance and to help restore access to the Site, if possible. Likewise, you should contact your own Internet service provider or check that each device for connecting to the Internet and accessing web content has been correctly activated, including your Internet browser. Although Missoni will endeavor to make every effort to ensure continuous access to its Site, the dynamic nature of the Internet and its contents may not allow the Site to operate without any suspensions, interruptions or irregularity due to the need to make updates to the Site.
5.4. Missoni has adopted appropriate technical and organizational measures to safeguard the security of its Services on the Site, the integrity of traffic data and electronic communications against unauthorized use or acquisition, and to avoid the risks of dispersion, destruction and loss of data and confidential and non-confidential information relating to its users on the Site, or unauthorized or unlawful access to such data and information.
5.5. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED “AS IS.” TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.6. WE DO NOT WARRANT THAT THE SITE, OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USER EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR MOBILE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6. TRADING POLICY
6.1. Missoni has adopted a policy of selling Products through the Site only to “end consumers” for their personal use. End consumers are natural persons over 18 years of age who are acting on the Site for purposes unrelated to any commercial, entrepreneurial, handicraft or professional activity (“Customers”).
6.2. Users who are not Customers may not use our Services or purchase Products through the Site.
6.3. Missoni shall have the right to decline to process or fulfil any purchase orders from Users who, at Missoni’s sole discretion, are not Customers and any other purchase order that does not comply with the Terms and Conditions.
7. INFORMATION ON PRODUCTS AND THEIR AVAILABILITY
7.1. The essential characteristics of the Products are shown on the Site within each Product information sheet, with an indication of the price (the “Price”), product reference, methods of payment, delivery method, and any shipping and delivery costs.
7.2. Product Prices may be subject to updates from time to time. The Customer must check the Price before placing the Order Proposal (as defined below).
7.3. The Product information contained on the Site does not constitute a binding offer to sell the Products or to make these Products available in your area.
7.4. The images and colors of the Products shown on the Site, as well as their graphic representation, might not correspond exactly to the physical product due to the effect of the Internet browser and the monitor used. The Customer must therefore rely exclusively on the Product description and characteristics given on the Site.
7.5. Missoni reserves the right, at any time, to limit the type and/or quantity of Products that can be purchased on the Site. Missoni shall not be liable to the Customer in the event of unavailability of a Product.
7.6. Missoni does not sell Products that are second-hand, irregular or substandard compared with those offered on the market.
8. PURCHASING PRODUCTS THROUGH THE SITE
8.2. In the Order Proposal form, displayed immediately before the order is sent to Missoni, Missoni will provide summarized information on the essential characteristics of each ordered Product, including the Price (specifying whether all applicable taxes or duties are included or not) and any shipping costs (including any additional costs incurred by the Customer for choosing a different and/or faster method of shipping and delivery than the standard one) (the “Shipping Costs”). Shipping Costs are always indicated clearly and separately from the Price.
8.3. When Users from the countries listed here (“Listed Countries”) purchase Products through the Site, Missoni will bear customs fees based on the applicable law and regulations and the Price displayed in the Order Proposal will already include those customs fees.
8.4. When Users from the countries other than the Listed Countries purchase Products through the Site, Missoni will not bear customs fees based on the applicable law and regulations, the Price displayed in the Order Proposal will not include customs fees (as well as import taxes, brokerage fees and/or duties) and Users must then proceed independently to the customs clearance of the Products purchased on the Site and to the payment of any additional taxes required. For these reasons, we recommend all Users who purchase from these countries to verify the amount of these costs with their local customs office before sending an Order Proposal to Missoni. Customs processing may delay the delivery of the ordered Products. Should Users experience such delays we recommend contacting their local customs office. Should Users refuse to pay the customs fees and/or additional taxes upon the arrival of the ordered Products, the Products will be returned to Missoni and Missoni will be authorized to charge the relevant User for the customs fees, taxes and return shipping costs. If Users order Products from these countries, they accept to pay the customs fees and possible additional taxes upon delivery, and therefore Missoni will not issue refunds for those fees and taxes in case the purchased Products are returned.
8.5. The transmission of the Order Proposal constitutes a binding purchase proposal from the Customer, relating to the selected Products, governed by these Terms and Conditions, without prejudice to the Return Policy (as defined below). Transmission of the Order Proposal entails the Customer’s obligation to pay the price of the ordered Products. Once the Order Proposal has been received, Missoni will send a summary email. This email will not imply acceptance of the Order Proposal by Missoni.
8.7. Order Proposals received from countries not included among those shown and that might be chosen in the footer of the Site cannot be accepted by Missoni.
8.8. If the Products referred to in the Order Proposal are available, the Customer will receive an email confirming that the Order Proposal has been accepted and that the Products are being shipped (the “Order Confirmation”). If the Products referred to in the Order Proposal are no longer available or on sale, the Customer will receive an email cancelling the Order Proposal. Missoni shall make sure that the Customer is informed promptly and in any event within thirty (30) days of the day following the day on which the Order Proposal was sent to Missoni, of any unavailability (even partial) of the Products ordered. In the event of partial unavailability of the Products included in the Order Proposal, the Customer will be contacted by Customer Service and may, alternatively, decide to receive the Order Confirmation solely for the available Products or cancel the Order Proposal.
8.10. The contract for the purchase of Products on the Site (the “Contract”) shall be deemed concluded only when the Customer receives the Order Confirmation. Accordingly, no contract shall exist between the Customer and Missoni until the Order Proposal is explicitly accepted by Missoni by sending an Order Confirmation.
8.11. The Order Proposal and the Contract will be filed in Missoni’s database for the period of time necessary to process the relevant order and, in any case, according to the terms of the law. A Customer can access his/her Order Proposals by consulting the “My Order” section on the Site.
8.12. Missoni may decide, at its sole discretion, not to accept the Order Proposal (i) if it is incomplete or incorrect; (ii) if one or more Products are not available; or (iii) if there are reports, or suspicions, of fraudulent or illegal activities, including suspicions that purchases are not made by Customers. In these cases, Missoni will inform the Customer by email that a contract cannot be concluded and that Missoni will not process the Order Proposal.
9. PRODUCT WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD “AS IS” WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISSONI HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES.
10.1. The Customer may pay the Price of the Products contained in the Order Proposal and the relevant Shipping Costs according to the methods indicated on the Site.
10.2. In the event of payment by credit/debit card, the sum corresponding to the Price and any Shipping Costs of the Products covered by the Order Proposal will be blocked temporarily om the card when the Order Proposal is actually sent.
10.3. Once the Order Proposal has been processed and the Order Confirmation has been sent, a debit corresponding to the amount due by the Customer will be made and the temporary block of the amount will be lifted. The temporary block will also be lifted in the event of non-acceptance (even partial) of the Order Proposal.
10.4. In the event of payment by credit/debit card, financial information (e.g., credit/debit card number or expiry date) will be forwarded, via encrypted protocol, to the banks and/or financial intermediaries providing the relevant remote electronic payment services, without any third parties being able to access the information in any way. Moreover, this information will never be used by Missoni except to complete the procedures relating to the purchase and to issue any relevant refunds in the event of any returns of Products and/or in the event of ascertained defects in the Product, or if it is necessary to prevent or report to the police any fraudulent acts committed on the Site.
10.5. In the event of a pre-order, as referred to in paragraph 12.2 below, the Customer may only pay the Price with a credit/debit card that has an expiration date of no less than 12 months from the date the Pre-Order Proposal (as defined below) is sent. When a Pre-Order Proposal is sent, no amount will be charged to the Customer. Missoni will only check the method of payment provided.
10.6. The Price will be charged to the Customer when Missoni sends the Order Confirmation.
11. SHIPPING & DELIVERY OF PRODUCTS PURCHASED THROUGH THE SITE
11.1. Information on specific methods of shipping and delivering the Products can be found in the Customer Service section. The Customer must pay attention to what is stated in this section since the information contained herein forms an integral and substantial part of the Terms and Conditions and is therefore deemed to be fully known and accepted at the time an Order Proposal is sent.
11.2. Missoni will send the Customer a shipping confirmation email after the Products have been shipped (the “Shipping Confirmation Email”).
11.3. The Customer may choose to receive the purchased Products at an address of his/her choice in the country of purchase, among those indicated on the Site. It is not possible to receive Products purchased on the Site at post office boxes and/or poste restante: if one of these destinations is indicated in the Order Proposal, Missoni will inform the Customer by email that a contract cannot be concluded and that Missoni cannot proceed with delivery.
11.4. Where available, the Customer may choose to receive the purchased Products at a Missoni store by selecting the “Collect from Store” option. Missoni will provide notification of the arrival of the Products at the selected store by email. The Customer must collect the purchased Products by going to the chosen Missoni store by and no later than fifteen (15) days from the sending of the aforesaid notice, showing the sales assistant a copy of the Shipping Confirmation Email and exhibiting his/her identity document. In the event that the order is picked up by a person other than the Customer, that person will need to show his/her own identity document, a photocopy of the Customer’s identity document, a pick-up authorization from the Customer, and the Shipping Confirmation Email. When selecting the “Collect from Store” option, payment by the Customer cannot be made at the Missoni store.
11.5. If the Products are not collected within the aforementioned time limit, the Contract will be automatically terminated for all intents and purposes. Consequently, it will no longer be possible to collect the Products, which will be returned to Missoni by the staff of the chosen store. As a result, the Customer shall be refunded the amount paid in accordance with the terms set forth in the Return Policy.
12. BOOKING AND PRE-ORDER
13. LIMITATION OF LIABILITY
13.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, MISSONI AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT MISSONI HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT (I) MISSONI ‘S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM MISSONI’S NEGLIGENCE; (II) MISSONI ‘S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
14. CUSTOMER CARE
Any information can be requested by contacting Customer Service or by accessing the Customer Service area.
16. GOVERNING LAW
16.1. These Terms and Conditions and any non-contractual obligations arising out of or in relation to the Terms and Conditions shall be governed by and will be interpreted in accordance with the laws of the State of New York, USA (without regard to its conflict of law provisions).
16.2. Missoni recognizes that it is possible for the User to obtain access to this Site from any jurisdiction in the world, but Missoni has no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
17. AGREEMENT TO ARBITRATE DISPUTES
17.2. Any arbitration hereunder shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on a basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Missoni alone. Claims may not be joined or consolidated unless agreed to in writing signed by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, OR A CLASS ACTION.
17.3. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
17.4. You can reject this arbitration agreement by emailing Missoni at firstname.lastname@example.org and providing: (1) Your Name; (2) the URL of these Terms and Conditions; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the Missoni Site.
17.5. All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
17.6. Notwithstanding the foregoing, (A) you retain the right to seek relief for Covered Disputes in a small claims court, and (B) the following disputes shall not be considered “Covered Disputes” and shall be adjudicated exclusively in the state and federal courts situated in the Borough of Manhattan, New York City, State of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of Missoni’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; or (ii) any legal action by Missoni against a non-consumer. You agree not to raise the defense of forum non conveniens.
These Terms and Conditions constitute the entire agreement and understanding between us and you concerning the subject matter hereof. These Terms and Conditions may not be altered, supplemented, or amended orally or by the use of any other documents. No failure or delay on the part of Missoni in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise or waiver of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The headings in these Terms and Conditions are for convenience only and shall not limit or otherwise affect the meaning or interpretation hereof. If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of these Terms and Conditions.