The following General Terms and Conditions of Sale govern the sale of merchandise by , an affiliate of YOOX NET-A-PORTER GROUP S.p.A. (the "Provider" or "we"), to you through the US section of www.missoni.com ("US Site"). The US Site is available only for purchases made and delivered within the United States. Your use of the US Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.
1. ORDERS & PRODUCTS
All orders are subject to email confirmation by us. Please note that the products displayed on the US Site may be out-of-stock or discontinued, and availability is not guaranteed. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. In each product page you may also check if the product is available at a Missoni boutique among those listed on US Site, by selecting the “Reserve in Store” option. The personnel of the pre-selected Missoni boutique will contact you in order to confirm the availability of the products, which will remain at your disposal for the next forty-eight (48) hours. In that case, the purchase will be settled in boutique. You may also place an order for one or more products on US Site from any Missoni boutique in your country that is listed on US Site. The sales assistants will be equipped with a dedicated electronic device by which they will place the order on US Site on your behalf if the product is not available in the Missoni boutique. The order on US Site will be handled according to the terms and conditions set out in the preceding paragraphs. You may also reserve an appointment in one of the Missoni boutique listed on US Site by submitting the relevant online form. The selected Missoni boutique will receive an e-mail including all the necessary information and details for the appointment with you.
All prices are in US Dollars. Prices may change without notice from time to time. The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. The applicable sales tax amount is indicated on the payment page of the cart. The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email. All prices are inclusive of customs and import duties.
3. SHIPPING COSTS
You are responsible for the shipping costs associated with the delivery of the products you purchase on the US Site as specified on your order confirmation.
4. SHIPMENTS AND DELIVERY
You bear all risks of loss and damage to the products from the time the same have cleared our fulfillment house. Delivery is deemed complete and title to the products passes to you upon acceptance of shipment by a common carrier. You may choose to receive the products you purchased at an address of your choosing, or at any Missoni boutique in your country among those listed on the order form. If you have chosen to pick up the items at a Missoni boutique by selecting the “Pick Up In Store” option, we will inform you by email when your products have arrived at the Missoni boutique. In that case, you will have to pick up the purchased products by going to the pre-selected Missoni boutique within no more than 10 days from the date the aforementioned communication was sent. In the event that the products have not been picked up within the above-mentioned term of 10 days, the purchase agreement shall be understood to have been automatically terminated. Consequently, it shall no longer be possible to collect the products, which shall be returned to the Provider by the personnel of the store. As a result of the termination of the product purchase agreement, you will be refunded for the amount paid, within the time limits provided for in the Return Policy. When you visit the Missoni boutique to pick up your order, you will need to show the sales assistant a copy of the email confirming shipment of the order, as well as present a form of identification. If you ask another person to collect the order, he/she will need to present the delivery confirmation email, a photocopy of your identification document, a document in which you authorize him/her to collect the order, and his/her own identification document. We remind you that it is not possible to make payment at the Missoni boutique. Therefore, no cash-on-delivery option is provided when you select delivery to a Missoni boutique. If you have selected delivery to a Missoni boutique, you will not have to incur any costs. The delivery timings will be the same as those Express Shipping.
5. RETURNS AND REFUNDS
Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.
6. BINDING AGREEMENT
Our order confirmation, these General Terms and Conditions of Sale and our other Site Policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.
7. GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY
The provider makes no representations or warranties of any kind, express or implied, as to the products included in the www.missoni.com us site nor as to the merchandise being sold to you. to the fullest extent permissible by applicable law, the provider disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on our order confirmation. the provider will not be liable for any damages of any kind arising from the use of the us site, including but not limited to direct, indirect, incidental, punitive and consequential damages certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
11. FORCE MAJEURE
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
12. ERRORS AND INACCURACIES
Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.