General conditions of use
Welcome to our website jilsander.com. These terms and conditions of use govern the access to and use of jilsander.com. The access to and use of this website as well as the purchase of products on jilsander.com are based on the assumption that these terms and conditions of use have been read, understood and accepted. This website is managed and maintained by Jil Sander S.p.A. ("the Provider"), with registered office in Foro Buonaparte 71, 20124, Milan (MI).
The Provider may amend or simply update all or part of these terms and conditions of use. Any amendment or update of the terms and conditions of use shall be found through the jilsander.com homepage as soon as such amendments or updates have been made and shall be binding as soon as they are published in this section of the website. Therefore, you should regularly access this section of the website in order to check the publication of the most recent and updated terms and conditions of use of jilsander.com. If you do not agree to all or part of the jilsander.com terms and conditions of use, please do not use our website.
The access to and use of jilsander.com, including the display of web pages, communication with the Provider, the downloading of product information and making purchases on the website, are carried out by our users exclusively for personal purposes and should in no way be connected to any trade, business or professional activity. Remember that you are liable for your use of jilsander.com and its contents. The Provider shall not be considered liable for any use of the website and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Provider's liability for intentional torts and gross negligence. In particular, you alone will be liable for communicating information or data which incorrect, false or concerns third parties (in the event that such third parties have not given their consent) as well as for any improper use of such data or information.
Finally, since any material will be downloaded or otherwise obtained through the use of the service at the user's choice and risk, any responsibility for any damage to computer systems or loss of data resulting from download operations falls on the user and cannot be attributed to the Provider. The Provider declines all responsibility for any damages deriving from the inaccessibility of the services on the site or from any damages caused by viruses, damaged files, errors, omissions, interruptions to service, deletion of content, problems connected to the network, providers or telephone and/or internet connections, to unauthorised access, to the alterations of data, to the failure and/or faulty operation of the user's electronic equipment.
The user is responsible for the safekeeping and correct use of his/her personal information, including the credentials that allow access to the reserved services, as well as for any harmful consequence or prejudice that may arise for the Provider or third parties as a result of the incorrect use, loss, theft of this information.
2.Intellectual property rights
All content included on this website, such as works, images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material, in whatever form, published on jilsander.com, including menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software that are part of jilsander.com is protected by national and international copyright and other intellectual property laws.
You may not reproduce in any way, in whole or in part, the content without the prior express written consent of the Provider.
The Provider has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of jilsander.com and its contents. With regard to the use of jilsander.com, you are only authorised to view the website and its contents.
You are, furthermore, authorised to carry out all other temporary acts of reproduction, without economic significance, which are considered to be transient or accessory, an integral and essential part of the visualisation of jilsander.com and its contents and any other navigation operation on the website that is performed only for legitimate use of jilsander.com and its contents. You are not, however, authorised to make any reproduction, on any medium, in whole or in part, of jilsander.com and its contents.
Any act of reproduction must be authorised each time by the Provider or, if necessary, by the authors of the individual works contained on the website. These reproduction operations must in any case be carried out for lawful purposes and in compliance with copyright and other intellectual property rights of the Provider and authors of the individual works contained on the website. The authors of single works published on jilsander.com have, at any time, the right to claim the authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves, including any act damaging the works, which is of prejudice to their honour or reputation. You undertake to respect the copyright of the artists who have chosen to publish their works on jilsander.com or who have collaborated with jilsander.com to create new expressive and artistic forms destined to be published, even if not exclusively on the website, or, again, which form an integral part of it. Furthermore you are not, in any case, authorised to use, in any way, shape or form, the contents of the website and every single work protected by copyright and any other intellectual property right.
By way of example, you will not be able to alter or otherwise modify the protected contents and works without the consent of the Provider and, where necessary, of the individual authors of the works published on jilsander.com.
3. Trademarks and domain names
All other trademarks distinguishing the products sold on jilsander.com and present on the website are trademarks of the respective owners and are used on jilsander.com for the sole purpose of distinguishing, describing and promoting the products being sold on jilsander.com.
The Owner and all other owners of registered trademarks have the exclusive right to make use of the trademarks in their respective ownership. Any use of these trademarks in violation of the law, insofar as it is unauthorised, is forbidden and will lead to severe legal ramifications. It is in no way permitted to use these trademarks and any other distinguishing mark present on jilsander.com to take unfair advantage of the distinctive character or reputation of these brands or in such a way as to prejudice themselves or their owners.
4. Links to other websites
Jilsander.com may contain hyperlinks (links) to other websites which are in no way connected to jilsander.com.
5. Links to jilsander.com
Anyone interested in activating links to the homepage and to other jilsander.com web pages that are publicly accessible may contact the Provider at the following email address: email@example.com.
You are requested to contact the Provider to request consent to link jilsander.com. The Provider grants links to jilsander.com free of charge and on a non-exclusive basis.
The Provider is entitled to object to certain links to its website in the event that the applicant who intends to activate links to jilsander.com has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by the market operators, or has carried out unfair competition activities vis-à-vis the Provider, or when the Provider fears that such practices or activities might be adopted by the applicant in the future.
In any event, it is forbidden to post deep links (such as deep frames) to jilsander.com or to use unauthorised meta-tags without the provider's consent.
6. Disclaimers on content
The Provider has taken every precaution to avoid publishing content on the website that describes or represents scenes or situations of physical or psychological violence or such that, according to the sensitivity of the users of jilsander.com, could be considered harmful to civil beliefs, human rights or human dignity, in all its forms and expressions.
In any case, the Provider does not guarantee that the content of the website is appropriate or lawful in other countries outside Italy. However, in the event that such content is deemed to be unlawful or illegal in some of these countries, please do not access this website and, in the event you nonetheless choose to access it, we hereby inform you that your use of the services provided by jilsander.com shall be your sole personal responsibility.
The Provider has also adopted measures to ensure that the content of jilsander.com is accurate and does not contain any incorrect or out-of-date information, with respect to the date of its publication on the website and, as far as possible, even later.
However, the provider cannot be held liable for the accuracy and completeness of the content published on jilsander.com, except for its liability for tort and gross negligence and as otherwise provided for by the law. Moreover, the provider cannot guarantee that the website will operate continuously, without interruption and in the absence of errors and malfunctions due to connection to the Internet.
In the event of any problems in using our website please contact our customer service.
A provider representative will be at your disposal to assist and help you to restore your access to the website, as far as possible.
In addition, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. Though the Provider will try to do everything possible to ensure continuous access to its website, the dynamic nature of the Internet and web content may not allow jilsander.com to operate without any suspension, interruption or discontinuity due to the updating of the website.
The Provider has adopted adequate technical and organisational security measures to protect services on jilsander.com, integrity of data and electronic communications in order to prevent unauthorised use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of jilsander.com, and to avoid unauthorised or unlawful access to such data and information.
7. Our business policy
The Provider has adopted a business policy; its mission consists of selling products through its services and its website to the "final consumer" only. This term shall mean any natural person who performs actions on jilsander.com for purposes that are outside his or her trade, business or professional activity (if any).
If you are not a final consumer, please do not use our services for purchasing products on jilsander.com. The Provider shall otherwise be entitled to object to the processing of purchase orders from persons other than final consumers and to any other purchase order that does not comply with the general terms and conditions of sale and these terms and conditions of use.
8. Applicable law and dispute resolution
These general conditions of use are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005, under Chapter 1 of the consumer code, “Consumer rights in contracts". Should disputes arise from the general conditions of use between Jil Sander S.p.A and one of its end users, Jil Sander S.p.A guarantees forthwith its full adherence to and compliance with the conciliation service RisolviOnline. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Milan Chamber of Commerce, which facilitates the reaching of a satisfactory agreement, with the help of a neutral and competent online mediator, in an amicable and safe way. For more information on the the regulations of RisolviOnline or to send a conciliation request, go to RisolviOnline.com.
The following general terms and conditions of sale govern the offer and sale of products on our website (jilsander.com).
The products offered for sale on jilsander.com are directly sold by Jil Sander S.p.A. ("the supplier"), with registered office in Foro Buonaparte 71, 20124, Milano (MI), Italy, and are sold through a system of telematic tools by Drop S.r.l. (the "vendor"), with registered office in Via Sandro Pertini 1 - 63812 Montegranaro (FM), Italy, VAT number, tax code and registration number in the Companies Register of Fermo: 0138387043, as a company responsible for the sale, management of payments and refunds, shipment of products and any returns and as such responsible for the processing of personal data, exclusively for these purposes. You can request any further information through our support services by contacting customer service.
1. Our business policy
1.1 The supplier offers through the vendor products for sale on jilsander.com
and performs through the vendor its e-commerce business services exclusively to its final users, i.e. the "consumers".
1.2 "Consumer" shall mean any individual who is acting for purposes that are outside his or her trade, business or profession, on jilsander.com. If you are not a "consumer", please do not buy any products on jilsander.com.
1.3 With respect to this business policy Jil Sander S.p.A. reserves the right not to process orders received from users who are not "consumers" and any other order which does not comply with this business policy.
1.4 These general terms and conditions of sale regulate the offer, transmission and acceptance of purchase orders relating to products on jilsander.com between the users of jilsander.com, the supplier and the vendor.
1.5 The general terms and conditions of sale do not regulate, however, the supply of services or the sale of products performed by parties other than the supplier and vendor who are present on jilsander.com via links, banners or other hypertext links.
Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions of sale, since we shall not be deemed liable for the supply of services provided by parties other than the vendor or for the execution of e-commerce transactions between the users of jilsander.com and third parties.
2. How to execute a contract with the vendor
2.1 To finalise the purchase contract of one or more products on jilsander.com, you must complete the order form electronically and send it to the vendor by electronic means, following the relevant instructions. The receipt or sales note will be issued by the vendor in digital format.
2.2 Before proceeding to the purchase of products, by way of an order form, you will be asked to carefully read the general terms and conditions of sales and the policy on the right of withdrawal, to print out a copy using the print command and to memorise it or keep a copy for your personal records. We will also provide you with a summary of the commercial and contractual conditions in place for the purchase of products, which contains a reference to the general terms and conditions of sales and a summary of the essential characteristics of each product ordered with relevant price (including all tax or applicable charges), payment methods you can use for purchasing each product, delivery methods for the products purchased, complaint handling methods, costs of shipping and delivery; as well as details and addresses (geographic and email) of the supplier, the reference data of the vendor, and the date by which the vendor undertakes to delivery the goods. . Furthermore, you will be provided with a summary of the conditions and ways in which you can exercise your right of withdrawal, and the methods and time limits for returning purchased items (as per the return form). You will similarly be given indication concerning the circumstances in which you will lose the right to withdraw from the contract. If applicable to the purchase, you will be informed that, in the event of withdrawal, you will have to bear the cost of returning the product(s). You will, in any case, be reminded of the legal guarantee of conformity of products, you will be provided with the contact information for our post-sales customer service and we will remind you, finally, about the possibility of utilising the independent and institutional conciliation service, RisolviOnline, provided by the Arbitration Chamber of the Milan Chamber of Commerce.
2.3 On the order form, shown immediately before finalising the sales contract, we will provide you with a summary of the essential characteristics of each product ordered, the price (including all tax or applicable charges) and the shipping costs (including any potential additional costs incurred by you for selecting a different shipping or delivery method and/or a faster service than the standard delivery). The contract is finalised when the vendor receives your order form, electronically, following checks that the relevant information for your order is correct.
2.4 The order form will be archived in our database for the time period necessary to process orders and in any case according to law. You will be able to access your order form by checking the “my order” section.
2.5 When proceeding to send the order form you will be warned that this submission implies the obligation to pay the indicated price. Before proceeding to send the order form, you will also be required to identify and correct any potential errors in the input information.
2.6 The languages available for finalising the contract with the vendor are Italian, English, German and Japanese.
2.7 Once the contract is finalised, the vendor will process your purchase order.
2.8 The vendor may not process orders that do not provide sufficient guarantee of solvency, orders that are incomplete or incorrect, or in the event of unavailable products. In these cases, we will inform you via email that the contract has not been finalised, that the vendor has not processed your order, and the reasons for this. If the products, featured on jilsander.com, are no longer available or for sale at the time of your last site access or when sending the order form, our customer service will contact you promptly and in any case within thirty (30) calendar days with effect from the day after you sent your order to the vendor, regarding the unavailability of the ordered products. If the order form and payment have been submitted already, the vendor will provide a refund, without undue delay, and the contract between the parties will be considered terminated.
2.9 Upon submitting the electronic order form, you unconditionally accept and undertake to comply with, in dealings with the supplier and vendor, these general terms and conditions of sales. If you disagree with any of the terms set out in the general terms and conditions of sales, we ask that you do not send an order form to purchase products from jilsander.com
2.11 Once the contract is finalised, Jil Sander S.p.A. will send you a purchase order receipt via email including the general terms and conditions of sales and the summary document about your right of withdrawal and therefore, all information already included in the summary of commercial and contractual conditions shown before proceeding to purchase.
3.Guarantees and product price indication
3.1 On jilsander.com, we only offer products marked with the Jil Sander trademark. We purchase these products directly from the vendor of the fashion house and/or the manufacturer authorised by the fashion house.
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 products are shown on jilsander.com on each product page. The products offered for sale on jilsander.com may not correspond exactly to the actual garments in terms of image and colours due to the Internet browser or monitor used.
3.4 Prices of products are subject to updates. Check the final price of sale before sending the relevant order form.
3.5 Orders made from a country website that is different from the one you are shipping to, will be not be accepted.
3.6 All products come with an identification tag attached with a disposable seal. We ask you not to remove the tag or its seal from the products purchased, of which they form an integral part.
3.7 The vendor, in the event of exercising your right of withdrawal, has the right not to accept the return or not to fully refund the amounts paid for the purchase, in relation to those products that do not have the relevant tag or that have had their essential and qualitative characteristics altered or which have been damaged.
3.8 All products sold by the vendor are covered by the twenty-four (24) month statutory warranty for defects of conformity, in accordance with applicable law. The lack of conformity of the product must be communicated to the vendor within two (2) months of its discovery. The lack of conformity can be communicated to the seller by contacting customer service. In case of lack of conformity, you have the right to request the repair or replacement of the product. In the event that the aforementioned remedies are not possible or excessively expensive, you will be entitled to a reduction in the price paid or to the termination of the sales contract, pursuant to art. 130 of the consumer code.
4.1 Payment of the product prices and relevant costs for shipping and delivery must be made using one of the methods indicated on the order form. In no case will you be charged costs higher than those actually incurred by the vendor, in relation to the payment instrument chosen by you.
4.2 In case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent by encrypted protocol to the bank that provides the relevant remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of return in compliance with the exercise of your return right or for reporting cases of fraud on jilsander.com to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your bank account only when placing the order.
5. Shipping and delivery of the products
For specific product shipping and delivery procedures see the FAQs section. Please read this section carefully as the information provided there forms an integral part of these general terms and conditions of sale and, consequently, shall be deemed to be fully read and accepted by you at the time of sending your order form.
6. Customer service
You can request any information through our support services.
7.Right of withdrawal
7.1 If you are a consumer, you may cancel your contract with the vendor in relation to products purchased from jilsander.com, without any penalty and without specifying the reason, by notifying the vendor in writing within fourteen (14) calendar days, beginning on the day you receive the products. It's not possible to return or exchange customized items and publications. This does not affect the customer’s rights according to the law.br>
7.2 To withdraw from the contract you can use the return form (compliant with the standard form pursuant to Art. 49, paragraph 4 of the consumer code) to fill out and submit online directly through jilsander.com. You will be sent an email confirmation when your return request has been received.
7.3 Once you’ve withdrawn from the contract, you must return the products to the vendor within fourteen (14) calendar days from when you reported your decision to withdraw from the contract online on jilsander.com.
7.4 Returning purchased products will always be free on the condition that you use the shipping indicated by the vendor on the return form.
7.5 Furthermore, if you decide to use the shipping indicated by the vendor on the return form, once the returned purchased products are received by the courier, you will be exempt of any liability in the event of loss or damage of the products during shipment.
7.6 If you decide to use a shipping method other than that indicated by the vendor on the return form, you will bear all shipping costs for returning the purchased items, and you will be held responsible in the event of the loss or damage of the products during shipping, as a result of your negligent choice of carrier and/or shipping methods. In the event of total withdrawal, the vendor will refund the entire amount paid at purchase, including shipping costs. In the event of partial withdrawal, however, the vendor will refund only the amount corresponding to the products subject to withdrawal, therefore excluding shipping costs, unless the provisions of Art. 7.10 below apply.
7.7 The right to withdraw - in addition to compliance with the terms and methods described in the above points 7.1, 7.2, 7.3 and 7.4 - shall be deemed correctly exercised once the following conditions have been fully met:
7.8 If the right to withdraw is exercised according to the methods and terms indicated in paragraph 7, the vendor undertakes to refund any potential sums already collected for the purchase of the products according to the methods and terms provided for.
- a. you have correctly completed and submitted the online return form found on jilsander.com (or another unequivocal statement of your decision to withdraw from the contract) within fourteen (14) calendar days from the date of your receipt thereof;
- b. the products have not been used, worn, washed or modified;
- c. the identification tag is still attached to the products with the disposable seal;
- d. the products are returned in their original packaging;
- e. the returned items are shipped back to the vendor within fourteen (14) calendar days from the date you notify us of your decision to withdraw;
- f. the products are not damaged.
7.9 The amount will be refunded to you as soon as possible once the above terms and conditions have been checked.
7.10 If the methods and terms of exercising your right of withdrawal, referred to in letters a), e) and f) of the above paragraph 7 are not met, you will not have the right to a refund of the amounts already paid to the vendor. Within 14 calendar days after the email detailing the non-acceptance of your refund, you can choose to reclaim the products, at your own expense, in the state in which they were returned to the vendor, by contacting the vendor according to the methods of which you will be notified. Otherwise, the vendor will be able to keep the products, in addition to the amount already paid for their purchase.
Should the conditions set out in letters b), c) and d) in the above paragraph 7.7 not be met, you will not have the right to a full refund of the amount already paid to the vendor. You will, in fact, be held responsible for the diminished value of the returned products as a consequence of use other than that authorised by the vendor with a view to enable you to assess the nature, characteristics and functioning of said products. Within 14 calendar days, you can choose to reclaim the products, at your own expense, in the state in which they were returned to the vendor, by giving notice to our customer service according to the methods of which you will be notified. Otherwise, the vendor will be able to keep the products and an amount corresponding to the percentage deducted from the refund.
8.Items returned because they are damaged, defective or incorrect
8.1 After the products are returned, the vendor will carry out the necessary checks regarding the conformity of the products to the terms and conditions indicated in paragraph 7. If the outcome of these checks is positive, customer service will send you an email confirmation that your returned products have been accepted. If the outcome of these checks is not positive, customer service will notify you, via email, of the diminished value of the returned products as a result of your failure to observe the conditions set out in paragraph 7.3. At the same time, you will also be notified of the sum to be deducted from the amount you paid for purchasing the returned products; notwithstanding, alternatively, the possibility to reclaim the products, at your own expense, in the state in which they were returned to the vendor, as provided for in paragraph 7.10.
8.2 Regardless of the payment method used, the refund, whether full or partial, is activated by the vendor as soon as possible once it has been verified that you have correctly exercised your right of withdrawal and once the returned products have been checked.
8.3 The vendor will complete the refund using the same payment method used by you for purchasing the returned items, unless you have expressly agreed upon a different payment method with the vendor and provided that you will not incur further charges as a consequence of the refund. Where the recipient of the products indicated on the order form and the person who carried out the payment of the necessary amount for their purchase differ, the refund, if the right of withdrawal is exercised, will be carried out by the vendor, in any case, to the person who made the payment.
8.4 The value date of the credit is the same of that of the debit; therefore you will not suffer any loss in terms of bank interest.
8.5 The vendor indicates which courier to use for returning DHL products (www.dhl.com). With DHL, using the pre-printed adhesive labels on your return parcel, you can return products to the vendor, without incurring charges. This method also frees you of any liability in the event of loss or damage of products during shipping.
8.6 Should you decide to use a different courier to return the products to that indicated by the vendor, you will instead need to personally bear and carry out the payment of the necessary costs and you will be held responsible in the event of loss or damage of products during shipping, in accordance with the methods and terms provided for exercising the right of withdrawal.
9.2 Please read our general conditions of use if you haven’t already, since they contain important information about how we process the personal data of our users and about security measures in place.
The Data Controller is Jil Sander S.p.A, Foro Buonaparte 71, 20121, Milan (MI), Italy.
Responsible for data processing for the purposes of sales, management of payments and refunds, shipment of products and potential returns is Drop S.r.l. with registered office in Italy in Via Sandro Pertini 1 - 63812 Montegranaro (FM), VAT number, tax code and registration number in the Companies Register of Fermo 01383870431.
10.Applicable law and dispute resolution
10.1 These general terms and conditions of sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on the consumer code in Chapter I ""Consumer rights in contracts"", with specific reference to distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.
10.2 Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr.
11.Amendments and updates
The general terms and conditions of sale may be amended from time to time in consideration of any regulatory changes. The new general terms and conditions of sale shall be effective as of the date of publication on jilsander.com.