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Conditions of Sale for France

IF YOU HAVE RESIDENCE IN FRANCE, THE FOLLOWING CLAUSES SHALL APPLY. IN CASE OF DISCREPANCIES THIS LOCALISATION PART REGARDING FRANCE AND IRELAND PREVAILS. MANDATORY CONSUMER PROTECTION REGULATIONS ALWAYS PREVAIL.

Definitions: 
"Consumer" shall mean any consumer as defined under the introductory article of the French Consumer Code, i.e. any individual who is acting on our Site for purposes which are outside his or her trade, business or profession, whether of a commercial, industrial, craft, liberal or agricultural nature.
 

3. GUARANTEES AND PRODUCT PRICE INDICATION

3.1 The Website only offers Products bearing the "Vivienne Westwood" brand purchased directly from Vivienne Westwood Ltd. with registered offices at Westwood Studios, 9-15 Elcho Street, London SW11 4AU, United Kingdom and/or by Vivienne Westwood S.r.l. with registered offices at Corso Venezia 25, 20121 Milan, Italy. 

3.2 The Vendor does not sell second-hand Products, flawed Products or Products of lower quality than the corresponding market standards.

3.3 The main characteristics of the Products are shown on the Website on each Product page. The images of the Products on our Website or in any other promotional materials are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure or on a sample swatch accurately reflects the colour of the Products. Your Product may vary slightly from those images/samples.

The Products are deemed to be in conformity with the Contract provided that (i) they conform to the description given by Us and possess the qualities presented by Us on the Website, (ii) they are fit for the purposes for which Products of the same type are normally intended and (iii) they have the quality and performance which are customary for Products of the same type and which are reasonably to be expected of a Product of the same type, and (iv) they are of the quality and performance which are reasonably to be expected of a Product of the same type. (ii) are fit for the purposes for which Products of the same type are normally intended and (iii) have the quality and performance which can reasonably be expected of a Product of the same type. 

The Products We sell, especially handicraft Products, may often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in sales, texture, knots and colour, should not be considered as defects or flaws. On the contrary, they should be expected and appreciated. We only select Products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual's appearance of the Products.

3.4 The prices of the Products are expressed in Euro currency (EUR) and they include Value Added Tax (VAT). Prices do not include shipping costs which are to be paid by you. Shipping costs will be added to the final total price at the time of placing the relevant order, according to the applicable shipping rates indicated on the Website. 
The Vendor will deliver the ordered Products within 30 (thirty) days. If delivery is delayed for reasons beyond our control, then you will be notified of the new delivery date.

3.5 It is always possible that, despite our best efforts, some of the Products We sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your Order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated, We will contact you for your instructions before We accept your Order. 

3.6 If the rate of VAT changes between your order date and the date We supply the Product, We will adjust the rate of VAT that you pay, unless you have already paid for the Product (including delivery costs if applicable) in full before the change in the rate of VAT takes effect.

3.7 Orders received from Countries other than those selected for shipping or to addresses to which the Vendor cannot ship cannot be accepted.

3.8 All Products sold on the Vivienne Westwood Site are provided with an identification tag attached with a disposable seal. If you intend to return this Product, please do not remove the tag and seal as We will be unable to accept the return should the Product be returned without. This does not affect your statutory rights if the Product is faulty.

3.9 If you exercise your right to return the Products, the Vendor may refuse to accept Products that are damaged, without the tag or which have been altered in their main characteristics or quality by Consumer. This does not affect your statutory rights.

3.10 In the event of a late delivery, you may:
• Suspend the payment of any portion of the price that remains to be paid until the Vendor has delivered the ordered Products;
• terminate the contract if, after giving formal notice to the Vendor to deliver the Product within a reasonable additional period, the latter has not performed within this period;
You may also immediately terminate the contract:
• When the Vendor refuses to deliver the Products or when it is clear that the Vendor will not deliver the Products;
•When the Vendor does not fulfil its obligation to deliver the ordered Products on the expiry of the period provided for in clause 3.4. 


3.11 The Products sold by the Vendor are subject to the statutory guarantee for hidden defects of Article 1641 and subsequent of the French Civil Code and to the statutory guarantee of conformity provided under Articles L217-4 to L217-17 of the French Consumer Code.
Such guarantees are provided by the Vendor of the purchased Products, that is:
• Vivienne Westwood SRL for bags, shoes, accessories, underwear, main line Products and Andreas Kronthaler Products (see above for details);
• Vivienne Westwood LTD for jewellery, bridal couture, shoes WE (see above for details).

 

The Consumer has a period of 2 (two) years from the delivery of the Product to obtain the implementation of the statutory guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The statutory guarantee of conformity entails the obligation for the Vendor, where applicable, to provide all the updates necessary to maintain the conformity of the Product.
The statutory guarantee of conformity gives the Consumer the right to repair or replace the Products within 30 (thirty) days of his request, free of charge and without major inconvenience for him.
If the Product is repaired within the framework of the legal guarantee of conformity, the Consumer benefits from a 6 six-month extension of the initial guarantee.
If the Consumer requests the repair of the Product, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the Product.
The Consumer can obtain a reduction in the purchase price by keeping the Products or terminate the contract by being reimbursed in full against return of the Products, if:
1° The Vendor refuses to repair or replace the Product;
2° The repair or replacement of the Products takes place after a period of 30 (thirty) days;
3° The repair or replacement of the Product causes a major inconvenience for the Consumer, in particular when the Consumer definitively bears the cost of taking back or removing the non-compliant Product, or if he bears the cost of installing the repaired or replacement Product;
4° The non-conformity of the Product persists despite the seller's attempt to bring it into conformity which has remained unsuccessful.
The Consumer is also entitled to a reduction in the price of the Products or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the rescind of the contract being immediate. The Consumer is then not required to request the repair or replacement of the Product beforehand.


3.12 If the lack of conformity relates only to some of the Products delivered under these Conditions of Sale and there is a cause for termination of the sales contract within the meaning of Article 135 bis of the Consumer Code, you may terminate the Contract only in respect of the non-conforming Products and the Products purchased together with the non-conforming Products, if there is no reasonable likelihood of the Consumer's interest in keeping the Products not affected by the defect in his possession. 

3.13 If replacing the Products with Products free from defects or repairing the Products in accordance with your request is impossible or in comparison with the method proposed by the Vendor would require excessive costs, then the Vendor may offer you a reduction in the price of the Products or a refund of the purchase price of the Products (termination of the contract).

3.14 The returned Products must be shipped according to the below region of purchase, in a single consignment within 30 (thirty) days counted from the day on which the Consumer informed Us of the withdrawal from the contract. For multiple order, please, refer to Clause 7.2 below. 

For all UK online orders sold by Vivienne Westwood Limited - returned Products must be shipped to:

BLECKMANN LIFESTYLE AND LOGISTICS

MPN1
Westland Way, Magna Park
Lutterworth
LE17 4UE
United Kingdom

For all ROW (outside of the UK) online orders sold by Vivienne Westwood S.r.l. - returned Products must be shipped to: 

VIVIENNE WESTWOOD S.r.l.
c/o GXO
Strada Complanare Torino Svizzera 21 – (VC)
Carisio, 13040  
Italy

3.15 In order to lodge a complaint (for a defective Product or for any other case), you may contact our Customer Service at customer.service@viviennewestwood.com. For further clarifications, access the Customer Service area.

 


9. APPLICABLE LAW AND JURISDICTION

9.1. These Conditions of Sale and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of France. The competent court is the place of residence or of the domicile of the consumer. This court shall have the exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter.  

9.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may use out-of-court ways of dealing with complaints and claims in accordance with the procedure of online dispute resolution developed by the European Commission. The platform is available at the following link: https://ec.europa.eu/consumers/odr.  

9.3. Alternatively, according to Section 14 of the EU Regulation 524/2013/UE, where applicable, the Consumer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr.

9.4. This right to use the mediation service is an alternative mechanism but does not constitute a prior condition to the exercise of the right to bring a claim before courts, pursuant to the provisions of Section 9.3. above.

9.5 Additionally, depending on your country of residence, different special Conditions of Sale may apply to you regarding consumer protection if more favourable for the Consumer. Please carefully check the “Localization Section” of these Conditions of Sale at the bottom of this page and also by clicking here.