Conditions of Sale for United States
UNITED STATES
IF YOU HAVE RESIDENCE IN UNITED STATES, THE FOLLOWING CLAUSES SHALL APPLY. IN CASE OF DISCREPANCIES THIS LOCALISATION PART REGARDING UNITED STATES PREVAILS. MANDATORY CONSUMER PROTECTION REGULATIONS ALWAYS PREVAIL
DISCLAIMERS AND LIMITS OF LIABILITY
No Warranties.
A warranty is a promise made by a business to a consumer about the business’s Products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business “disclaims” a warranty, it is the equivalent of saying “we are not making this promise to you.” These terms limit the types of claims you can bring. These limitations help us reduce the risks associated with providing the Website and Products, and we could not provide them otherwise.
UNLESS WE EXPRESSLY WARRANT SOMETHING, WE DISCLAIM ALL WARRANTIES, INCLUDING THE FOLLOWING: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-ENCUMBRANCE, OR TITLE, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES. WE DO NOT WARRANT THAT THE WEBSITE, PRODUCTS, OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL FUNCTION ERROR-FREE.
If you purchase a Product from us, it may come with its own warranty and disclaimers. In such event, the Product warranty and disclaimers will apply to the Product. If the Product does not have its own warranty and disclaimer, then the disclaimers above shall fully apply to the Product.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS WE EXPRESSLY WARRANT SOMETHING, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING PRODUCT FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.
Applicability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability. Accordingly, some of the above limitations set forth above may not apply to you.
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 will be set out on the Website. Check the final price of sale before submitting the relevant Order. The prices are expressed in EUR, GBP, AUD, USD and CHF currency. The prices shown on the website for Products sold from the UK, EU and AU include Value Added Tax (VAT). All other regions are subject to tax and duties calculated at the point of checkout. This calculation is determined upon the delivery destination. 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.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products purchased, including delivery charges, or upon delivery, whichever is later. All risk in the Products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your Order, unless you have chosen a carrier to deliver the Products that was not proposed by the Vendor and, in such case, the Products are at your risk from the moment of delivery of the Products to your chosen carrier.
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 case of delivery of defective Products by the Vendor, under the statutory warranty you shall be entitled to the following remedies, at the Conditions of Sale provided by Article 135 bis-ter and quater of Consumer Code:
a) price reduction;
b) refund of the price (termination of contract);
c) replacement of defective Products;
d) Products repair.
3.11 Without prejudice with respect to hidden defects, the warranty shall be valid for 2 (two) years from the date of delivery of the Products. Instead of a reduction in the price of the Products or a refund of the purchase price (termination of the contract) requested by you, the Vendor may immediately and without undue inconvenience for you replace the Products with same Products free from defects or repair the Products. The above does not apply if the Products are complained about by you for the second time, which means that consumers can benefit of the warranty for faulty Products only once for the same contested Product. After the matter is solved the consumer cannot benefit anymore of this warranty for the same contested product.
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
These Conditions of Sale contain the following “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.
What is arbitration?
Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.
What is our Arbitration Agreement?
ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, PRODUCTS, THESE CONDITIONS OF SALE, THE PRIVACY POLICY, OR ANY OF THE OTHER APPLICABLE TERMS OR POLICIES MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This includes contractual and non-contractual claims and means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.
How will the arbitration work?
The arbitration must be filed and conducted through JAMS (https://www.jamsadr.com/), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defences that either you or we have under applicable law (whether federal, state, or local) will remain available in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home, provided that either party may elect to conduct the hearing by remote means such as videoconference. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
What law will the arbitrator follow?
The laws of the State of New York will govern these Conditions of Sale, and the arbitrator will apply New York law to the claims in the arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Who pays for the arbitration?
In most cases, the only fee you will have to pay to JAMS is the initial fee e.g., $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more of the JAMS fees for the arbitration.
The JAMS fees do not include attorney’s fees. Regardless of who wins the claim, you will be responsible for paying your attorney’s fees, and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorney’s fees. If this applies, the arbitrator may award attorney’s fees as they see fit under such law.
Are there any instances where a court will get involved?
Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the Arbitration Agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in New York, which will have exclusive jurisdiction. This exception for equitable relief does not waive our Arbitration Agreement.
Can I file a class action?
No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.
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.
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under these Conditions of Sale to another organisation, we will notify you first and gain your consent.
10.2 This Contract is between you and Us. No other person shall have any rights to enforce any of its terms.
10.3 We are the owner or licensee of all intellectual property rights in our Site and in the material published on it. Those works are protected by copyright laws. None of the content of the Site may be downloaded, reproduced, transmitted, copied, stored, sold or distributed without the prior written consent of Us. This excludes downloading, copying and/or printing of pages solely for your personal, non-commercial use. All such rights are reserved.
If you comply with the terms of these Conditions of Sale, the Vendor grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use its services for the intended purpose. This license does not allow you reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the services without prior written permission. The Vendor reserves all rights not expressly granted.
OTHER TERMS
Age. By using the Site, you represent and warrant that you have the legal capacity, or you have obtained the authorization or the consent of a parent or a legal guardian and you agree to comply with these Conditions of Sale.
Notice. You consent to receive notices, disclosures, and other communications electronically at your associated email address and agree these notices constitute communications in writing.
Survival. The provisions of these Conditions of Sale which by their nature should survive termination shall survive such termination, including for dispute resolution, intellectual property, and disclaimers.
Severability. If any provision of these Conditions of Sale is declared invalid, void, or unenforceable, then that provision is severable and shall not affect the validity and enforceability of the remaining provisions.
No Waiver. A waiver by either party of any term or condition of these Conditions of Sale, or any breach, in any one instance, will not waive that term or condition or any later breach.
10.4 Each of the paragraphs of these Conditions of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 If We do not insist immediately that you do anything you are required to do under these Conditions of Sale, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date. For example, if you miss a payment and We do not chase you, but We continue to provide the Products, We can still require you to make the payment later.
10.6 In case of errors, if still possible and permitted, you can contact our Customer Service at customer.service@viviennewestwood.com requesting to change your data.
Last update: February 2024