GENERAL TERMS AND CONDITIONS OF SALE
[Givenchy.com](http://givenchy.com/) – version dated April 3rd 2024
Please carefully read these General Terms and Conditions of Sale (including the specific terms and conditions of sale of the Special NFT PACKAGE defined below), General Terms and Conditions of Use and the “Personal Data and Cookies” Charter of the [givenchy.com](http://givenchy.com/) website. You can also print the full text of these General Terms and Conditions of Sale through the print function of your browser..
Use of the remote sales process described in the these General Terms and Conditions of Sale is restricted to consumers only, (i) as defined by law and case law, and (ii) acting exclusively on their own behalf.
TERMS OF SALE
1. Identification of the seller
These General Terms and Conditions of Sale are those of GIVENCHY, a French société anonyme (corporation) with a share capital of €3,000,000, whose registered office is at 3, avenue George V - 75008 Paris - France, registered with the Trade and Companies Register under number 552 051 229 RCS Paris. Its Siret number is 552 051 229 00011 and its intra-Community VAT number is FR 46 552 051 229. Its telephone number is the following: 00 800 0000 1952 (toll-free number for all calls from France); e-mail: [contact@givenchy.com](mailto:contact@givenchy.com)
2. Scope and acceptance of the General Terms and Conditions of Sale
These Terms of Sale apply to all sales of GIVENCHY products to customers concluded remotely:
(i) either through the Customer Service department implemented by GIVENCHY and contactable by telephone at 00 800 0000 1952 (toll-free number for any call made from France) or via the GIVENCHY Customer Service postal service - 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France (hereinafter “Customer Service”);
(ii) or via the merchant site accessible from the French version (available, for the convenience of the customer only, in four languages: French, English, Italian and simplified Chinese) of the (http://givenchy.com/eur/fr) website (hereinafter the “Website”), for delivery in mainland France only;
(iii) or through one of the following three (3) GIVENCHY stores and contactable by telephone (price of a local call) and/or e-mail at the contact that follows (hereinafter the “Stores”), for delivery in mainland France, the European Union and outside the European Union, excluding the following countries: Russia, Syria, North Korea and Iran: - Women's store, sis 36 Avenue Montaigne – 75008 Paris, tel: + 33 1 44 43 99 90 – e-mail: [store_paris_montaigne@givenchy.com](mailto:store_paris_montaigne@givenchy.com); - Men's and Women’s store, sis 28 Rue du Faubourg Saint-Honoré – 75008 Paris, tel: + 33 1 42 68 32 00 – e-mail: store_paris_faubourg@givenchy.com-]; and - Men's store, sis 56 Rue François 1er – 75008 Paris, tel: +33 1 40 76 07 27 – e-mail: [store_paris_francois1er@givenchy.com](mailto:store_paris_francois1er@givenchy.com)
*In the case of telephone sales, any sale of GIVENCHY items via the Customer Service department implemented by GIVENCHY or through the Stores is concluded subject to the resolutory condition of the full and prior acceptance over the telephone of these Terms of Sale and of the Privacy and Personal Data Protection Policy which may be accessed by the customer at the Website.
*In the case of electronic sales (Internet), the customer declares to have carefully read these Terms of Sale prior to the placement of the order and he/she will then be asked to confirm his/her acceptance of the Terms of Sale during each purchase on the Website by checking the box “I have read and accept the Terms of Sale and Use, as well as the Personal Data Protection Policy and Cookies Policy of the http://givenchy.com/ website.” The confirmation of customer’s order therefore constitutes acceptance without restriction or reservation of these Terms of Sale. In accordance with the provisions of Article 1127-1 of the French Civil Code, these Terms of Sale may be saved by any person visiting the Website by means of a computer download and may be reproduced via printing. GIVENCHY reserves the right to make any changes to its Terms of Sale. However, orders will be governed by the Terms of Sale in force at the time when said orders were placed by the customer. In the event that, subsequent to the date of their removal from the Website, an outdated version of the Terms of Sale remains available to the public via other websites or by any other means other than on the http://givenchy.com/ Website, through the Stores, or through Customer Service, these Terms and Conditions would no longer, however, be binding on GIVENCHY for the orders placed after said removal.
3. Ordering methods
3.1 Telephone orders
Orders will only be received in French or English:
- either by GIVENCHY Customer Service at 00 800 0000 1952 (toll-free number for any call made from France), Monday through Saturday from 10 a.m. to 7 p.m. (Paris time), except for holidays and for delivery to mainland France (defined as excluding Corsica, the French overseas departments and territories, and Monaco)
- or by the Stores, at the numbers mentioned in article 2, during the opening hours of said Store, for delivery to the countries mentioned in article 2.
3.2 Internet orders
The merchant website accessible from the Website enable the ordering of a selection of GIVENCHY branded products (hereinafter the “Product(s)”), immediately online via the Internet for delivery to “mainland France” (defined as excluding Corsica, the French overseas departments and territories, and Monaco). Customers can obtain additional information by contacting Customer Service by telephone.
4. Product information and availability
Information relating to all GIVENCHY Products that may be sold on the Website, through Customer Service or through the Stores is available in the Stores and on the Website. This information complies with the requirements of the legal and regulatory texts in force.
Product visuals appearing on the Website may be altered according to the quality of the equipment used by the customer to access the Website or the visuals. In this case, GIVENCHY may not be held responsible. Unless otherwise specified below, it is stipulated that the customer may always exercise his/her right of withdrawal in accordance with Article 11 "Right of withdrawal – returns, exchanges, refunds.”
Our Product offerings and prices are valid as long as they are visible on the Website or available in Stores, within the limit of available stock. Errors or modifications may exist in exceptional cases, particularly in the case of simultaneous orders of the same Product by several customers.
In any event, and in the case of total or partial unavailability of Products after placing an order, the customer will be informed by e-mail as soon as possible of the unavailability of the Product and of the total or partial cancellation of his/her order.
In the event of partial cancellation of the order, and depending on the selected payment method, GIVENCHY Customer Service, or the Store that dealt with the initial order, will contact the customer to inform him/her of the cancellation of his/her order and proceed with a refund, which will take place as soon as possible within no later than fourteen (14) days. In the event of partial cancellation of the order.
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GIVENCHY reserves the right, at any time and without prior notice, to change the Products offered on the Website and/or offered for sale at the Stores. To ensure better quality of service and availability of our Products to all customers, GIVENCHY reserves the right to limit the quantity of Products a customer can purchase, in accordance with the applicable provisions, in particular those of article L.121-11 of the French Consumer Code.
5. Ordering process through the Website or Customer Service
5.1. Selection of Products
At any time, the customer may add Products to his/her selection by clicking “Add to cart,” and choose to complete his/her purchases or continue browsing.
The customer may view his/her selection by hovering over or clicking “your cart” in the top right menu, where the following will appear: the photo(s) of the Product(s), the color(s) and reference(s), the quantity selected, the unit price(s) and the subtotal of the selection. The customer may freely modify his/her online “Cart” containing the selected Products, remove an initially selected Product, modify the quantities ordered or add a Product by clicking the corresponding items made available within the “Cart.”
5.2. Identification
After selecting the Product(s), click “Check Out” to begin the ordering process.
- Ordering through a customer account
If the customer already has a customer account, at this point he/she must identify himself/herself by entering his/her password.
If the customer does not yet have an account, he/she will be invited to create one by entering his/her e-mail address and creating a password. For the Site's mobile version, he/she will be asked to enter this information during the identification process.
Usernames and passwords are strictly personal, therefore the customer undertakes to keep them safe and to never communicate them to third parties. GIVENCHY shall, in no event, be held liable for any loss, theft or fraudulent use of the customer's account, in which case the latter undertakes to inform GIVENCHY immediately.
Creating an account allows the customer to:
- track deliveries and review order history;
- return or exchange Products;
- add or change his/her delivery or billing address for future orders;
- manage his/her subscriptions to the GIVENCHY newsletter.
If the customer has a customer account, he/she may have his/her account deactivated at any time by sending an e-mail to Customer Service by clicking on the “Customer Service” link. After deactivating his/her account, the customer is free to create a new account at any time.
- Ordering as a guest without a customer account
The customer may also log in as a guest, without creating an account. Only a title, first name, last name and e-mail address, as well as the information necessary for the delivery of the order, are necessary to process the order. No customer account will be created and all customer details will need to be re-entered for future orders.
The data recorded by the Site constitutes proof of all transactions between GIVENCHY and its customers. In the event of conflict between GIVENCHY and one of its customers over a transaction carried out on the Site, the data recorded by GIVENCHY is considered as valid proof of the content of the transaction.
5.3. Confirmation of the order
5.3.a) Confirmation of the delivery method
The customer must select his/her delivery method from those offered in Article 9.2 a) and then provide the delivery information necessary for the proper shipment of his/her order: title, first name, last name, telephone number, shipping address or the store at which they would like to pick up the order, if the customer has chosen the “in-store pickup” delivery method (see Article “9.1 Delivery and pickup zone" below).
If the customer has chosen the “in-store pickup” delivery method, he/she will have the option to authorize a third party to pick up the order in his/her name and on his/her behalf. By completing this section, the customer authorizes a third party thus identified to pick up the Product In-Store on his/her behalf and expressly authorizes GIVENCHY to hand over the Products of the order to said third party. GIVENCHY will verify that the third party who appears in-store to pick up the Product corresponds to the person designated by the customer and will require, for this purpose, the third party to present an official identification document (identity card or passport). GIVENCHY may refuse to hand over the Product to a third party who does not prove his/her identity or to a third party other than the one designated by the customer when placing the order on the Website.
Upon confirmation of the delivery method, the customer may, for a gift order, include an accompanying card.
Once this step is completed, the customer must then click “Continue.”
5.3.b) Confirmation of the payment method and payment of the order
The customer may use his/her shipping address as the billing address or enter a different address. The customer will then be asked to select a payment method and to enter the related information and must then verify the accuracy of his/her selection before confirming the order.
Pursuant to the provisions of article 1127-1 of the French Civil Code, the customer, before finalizing his/her order, must have the option of verifying the details of such order, its total price and to correct any errors before confirming the order to express his/her acceptance of it.
At the end of the ordering process described above and after accepting the Terms of Sale, General Terms and Conditions of Use, the Privacy and Personal Data Protection Policy, and the Cookies Policy in their entirety, the customer must click the “Confirm your purchase” button. Any order entails an obligation to pay.
For more information regarding payment terms (currency, accepted payment methods, etc.), please refer to article 7 "Prices – Accepted payment methods” below.
Once completed, the order is sent to GIVENCHY for processing.
GIVENCHY reserves the right not to accept an order from a customer with whom it is in dispute over a previous order, or if GIVENCHY reasonably believes that the customer has breached these Terms of Sale or has engaged in a fraudulent activity, or for any other legitimate reason.
GIVENCHY will not confirm the order if it is not possible to obtain full payment for the corresponding price.
5.3.c) Acknowledgment of receipt and Confirmation of the order
A summary of the order acknowledging receipt of the order will then be sent by e-mail to the customer.
Once payment has been confirmed and duly completed, an order confirmation will then be sent to the customer by e-mail indicating the total amount of the order, information related to delivery times and costs, key features, and the quantity and price of the Products purchased.
The customer is advised to keep the acknowledgment of receipt and e-mail confirmation of the order on paper or electronically.
Pursuant to article L. 213-1 of the French Consumer Code, when an order amount is equal to or greater than one hundred and twenty (120) Euros, GIVENCHY retains an electronic written record of the contract concluded between GIVENCHY and a customer for a period between the conclusion of the contract and the date of delivery of the goods, and for a period of ten (10) years from the date of delivery (in accordance with decree 2016-884 of June 29, 2016 and ordinance 2016-301 of March 14, 2016). The customer has access to this document at any time, upon a request made to Customer Service by telephone at 00 800 0000 1952 (toll-free number for any call made from France), from Monday through Saturday from 10 a.m. to 7 p.m. except holidays, or via e-mail by clicking the “Customer Service” link and providing a form of identity.
6. Ordering process through the Stores
6.1. Selection of Products
The customer may communicate the Products he/she wishes to order to the Store.
The Store will send, via text message, e-mail or instant message, a summary of the order containing the following information: the list of the Product(s), their color(s) and reference(s), the quantity selected, their unit price(s) and the subtotal of the selection. The customer may, by contacting the Store, modify his/her order made up of the selected Products, delete an initially selected Product, modify the quantity ordered or even add a Product.
The summary will also include the shipping costs to be charged to the customer. For delivery outside the European Union, customs fees and other potential costs related to importation into the country of destination may be added to the total price provided to the customer by the Stores, which will be borne by the customer. It should be noted that the customer is solely responsible for the costs and taxes relating to the importation of the Products into the country of destination.
6.2. Confirmation of the order
The customer will then receive a payment link by text message, e-mail or instant message inviting them to confirm his/her order, select a payment method and proceed to payment for the order.
After completion of the ordering process described above, and after having accepted all the Terms of Sale provided in the payment link, the customer must proceed to payment. Any order entails an obligation to pay.
For more information regarding payment terms (currency, accepted payment methods, etc.), please refer to Article 7. “Prices – Accepted payment methods” below.
Once completed, the order is sent to GIVENCHY for processing.
GIVENCHY reserves the right to not accept an order from a customer with whom it is in dispute over a previous order, or if GIVENCHY reasonably believes that the customer has breached these Terms of Sale or has engaged in a fraudulent activity, or for any other legitimate reason.
GIVENCHY will not confirm the order if it is not possible to obtain full payment for the corresponding price.
6.3 Acknowledgment of receipt and Confirmation of the order
Once the payment has been confirmed and duly completed, an order confirmation will then be sent to the customer by e-mail, text message or instant message containing information related to delivery of the Products.
The customer is advised to keep the acknowledgment of receipt of the order.
7. Prices - Accepted payment methods
7.1 Prices
The prices of Products are stated in Euros and include all taxes. GIVENCHY does not offer a VAT refund service for purchases that might be eligible for a tax refund.
Prices do not include shipping costs which are charged in addition to the price of the Products purchased. All orders are payable in Euros.
7.1.a) For orders placed through the Website or Customer Service
Shipping costs will be shown before the order is confirmed by the customer. The various delivery options are set out in Article 9.2 a) and are also repeated on the Website. They may be modified by GIVENCHY at any time. GIVENCHY therefore advises customers to check the Terms of Sale featured on the Website on a regular basis.
In the case of an order placed through the Website or Customer Service, it must be paid (i) immediately upon placing the order if an alternative payment method (PayPal) is being used, or (ii) once the order preparation is finalized if a credit card or Apple Pay is being used. In the event of unavailability of certain Products ordered, the regulations described in Article 4 “Product Information and Availability” will apply. It should be noted that in the event that an alternative payment method is used, or in the event of a total or partial cancellation of the order, Customer Service may provide a refund in accordance with the conditions of Article 4.
7.1 b) For orders placed through the Stores
Shipping costs will be stated to the customer before the order is confirmed. The various delivery options are set out in article 9.2 b) and will be communicated to the customer by the Stores.
In the case of an order placed through the Stores, it must be paid immediately upon placing the order using the link sent to the customer by the Store.
GIVENCHY reserves the right, at any time and without prior notice, to change the prices of the Products offered on the Website and/or stated by the Stores. Products are charged on the basis of the prices displayed on the Website or communicated by the Stores at the time of placing the order, subject to the availability of the Products ordered at that time.
7.2. Accepted payment methods
GIVENCHY accepts the following payment methods for purchases (i) on the Website or for orders placed by telephone through Customer Service: credit card (Visa®, MasterCard®, American Express®), Apple Pay or alternative payment method (PayPal) and (ii) for orders placed by telephone through the Stores: Visa, MasterCard, AMEX, Cup, Wechat Pay and AliPay.
- For telephone orders placed through Customer Service: the customer must confirm with Customer Service that he/she is the holder of the card that he/she is using, provide the card number and expiration date present on the front of their card, as well as the 3-digit security code present on his/her bank card. Additionally, GIVENCHY also offers the Pay by Link payment method to its customers.
- For telephone orders placed through the Stores: the customer must guarantee that he/she is the holder of the card used for payment via the payment link. The information pertaining to the order is subject to automated data processing, for which ADYEN is responsible. The purpose of this automated data processing is to determine a transaction's analysis level and to combat credit card fraud. ADYEN and GIVENCHY are the recipients of the data relating to the customer's order. The non-transmission of the data relating to the order prevents the completion and analysis of the transaction. In the event of an outstanding debt due to the fraudulent use of a bank card, the contact information in relation to the order associated with this unpaid amount shall be recorded in a payment incident file implemented by ADYEN. An irregular declaration or an anomaly may also be subject to specific processing.
In accordance with regulations on personal data protection (French Law “IInformatique et Libertés” n° 78-17 of January 6, 1978 amended by Law n° 2004-801 of August 6, 2004, the European General Data Protection Regulation of April 27, 2016, and French implementation law n°2018-493 of June 20, 2018 on the protection of personal data), the customer has the right to access, rectify, and oppose all his/her personal data at any time by writing, via mail and with proof of identity, to GIVENCHY - Customer Service - 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France.
- For orders placed through the Website: the customer must guarantee he/she is the cardholder of the bank card used for payment. Credit card payments are authenticated and secured using the 3D Secure system. This system is also known as “Verified by Visa®,” ”MasterCard® SecureCode,” or “American Express SafeKey®.” The bank will request personal information from the customer in order to verify the identity of the cardholder and validate the transaction.
How to pay with 3D Secure on givenchy.com
After validating his/her bank details (card number, expiration date, and security code), a new page will be displayed where the customer will need to enter the personal information requested by his/her bank. This information may be:
- the answer to a security question;
- a password previously selected by the customer;
- a code sent via text message;
- the customer’s date of birth, etc.
Once the 3D Secure code is entered and validated by the customer's bank, the order is finalized and the customer receives a message acknowledging receipt of his/her order. As authentication is specific to each bank, the customer is welcome to contact his/her bank directly regarding any questions on the subject.
Confirmation and shipment of the order will only take place after verification of the payment method and receipt of the authorization to debit the customer's card. The customer's account will be debited depending on the payment method used. In any event, if for any reason the debiting of amount owed by the customer proves to be impossible, the sale carried out through the Website or by telephone will be immediately withdrawn and the processing of the purchase canceled. The provisions of article 1341 of the French Civil Code are unenforceable for sales concluded remotely by GIVENCHY.
The information pertaining to the order is subject to automated data processing, for which FORTER is responsible. The purpose of this automated data processing is to determine a transaction's analysis level and to combat credit card fraud. FORTER and GIVENCHY are the recipients of the data relating to the customer's order. The non-transmission of the data relating to the order prevents the completion and analysis of the transaction. In the event of an outstanding debt due to the fraudulent use of a bank card, the contact information in relation to the order associated with this unpaid amount shall be recorded in a payment incident file implemented by FORTER. An irregular declaration or an anomaly may also be subject to specific processing.
You can learn about the ways in which FORTER may use and process your personal information at this address: https://www.forter.com/services-privacy-policy/
In accordance with regulations on personal data protection (French Law “Informatique et Libertés” n° 78-17 of January 6, 1978 amended by Law n° 2004-801 of August 6, 2004, the European General Data Protection Regulation of April 27, 2016, and French implementation law n°2018-493 of June 20, 2018 on the protection of personal data), the customer has the right to access, rectify, and oppose all his/her personal data at any time by writing, via mail and with proof of identity, to GIVENCHY - Customer Service - 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France.
8. Reservation of ownership
The Products ordered remain the full and whole property of GIVENCHY until complete payment of the amount to GIVENCHY in principal, with fees, taxes and compulsory contributions included.
However, the customer assumes the risks (including loss, theft, or deterioration) associated with the Products delivered from the moment they are delivered to the address indicated at the time of the order.
9. Terms of delivery and in-store pickup
All Products ordered by the customer in accordance with these Terms of Sale will be delivered to the address indicated by the customer as the shipping address for the order in question.
Information concerning shipping methods may also be obtained from the basket confirmation page, as well as from the order summary page, prior to payment. Depending on the selected delivery method, shipping charges shall be added to the total price of the order and will be specified to the customer prior to validation of their order.
9.1. Delivery and pickup zone
9.1.a) Delivery to a mailing address
The Products purchased on the Website or by telephone through Customer Service can only be delivered to “mainland France” (defined as excluding Corsica, the French overseas departments and territories, and Monaco).
The Products purchased by telephone through the Stores may be delivered to mainland France, the European Union, and outside the European Union, excluding the following countries under sanctions or restrictions such as Russia, Syria, North Korea and Iran.
It is not possible to place an order for any shipping address located outside the Delivery Zone corresponding to the ordering method used. For security reasons, GIVENCHY will not process any order for which a post office, P.O. box, hotel, business address, university campus address or cedex address is provided.
Products are shipped to the shipping address indicated by the customer during the ordering process.
9.1.b) GIVENCHY in-store pickup
The customer has the option to pick up in store his/her order made on the Website or by telephone through customer Service and to select the store of his/her choice among the GIVENCHY stores offering this option in mainland France.
The customer has the option, at the time of placing his/her order on the Website, to authorize another person to proceed with the pickup of his/her order in-store in their name and on their behalf (see above article 5.3 a) “Confirmation of the delivery method”).
9.2. Delivery terms and shipping costs
9.2 a) For orders placed through the Website or Customer Service
Several shipping options are available to the customer:
- Delivery within 48 hours before 6 p.m.:Delivery is estimated to arrive within 48 hours from the time that the customer receives a shipping confirmation e-mail. Orders must be placed before 2 p.m. Orders placed after 2 p.m., on a weekend or on a holiday will be processed the following business day. Some orders may require an additional 24 hours to validate and process. All orders are shipped by UPS. UPS delivers between 9 a.m. and 6 p.m. This service is provided free of charge by GIVENCHY.
- Delivery within 48 hours before 12 p.m.:Delivery is estimated to arrive within 48 hours from the time that the customer receives a shipping confirmation e-mail. Orders must be placed before 2 p.m. Orders placed after 2 p.m., on a weekend or on a holiday will be processed the following business day. Some orders may require an additional 24 hours to validate and process. Shipping is handled by UPS, to be delivered before 12 p.m. Delivery cost is ten (10) Euros.
- Saturday delivery:For orders placed on Friday before 1 p.m. Saturday delivery of any order placed through the Website, by telephone through Customer Service, or through the Stores. Delivery cost is twenty (20) Euros.
- Premium delivery service: Same-day home delivery, even for orders placed before 3 p.m. Shipping is handled by [Coursier.fr](http://coursier.fr/). Delivery cost is twenty (20) Euros.
9.2 b) For orders placed through the Stores
Several shipping options are available to the customer depending on the order total:
(i) For delivery of an order with a total less than five thousand (5,000) Euros: delivery will be provided at the customer's expense via DHL. The salesperson will communicate the total amount of the delivery cost to the customer by telephone; and
(ii) For delivery of an order with a total greater than five thousand (5,000) Euros, the salesperson will recommend a specific transport solution and provide the corresponding total cost to the customer
In all cases, for a delivery to a location outside the European Union (hereinafter “Export Sales”): the delivery and any customs charges or other charges associated with the importation of the Products into the country of destination will be added to the price provided to the customer by the Stores and will be borne by the customer. It should be noted that the customer is solely responsible for these costs and taxes.
For a delivery via DHL, the salesperson will provide the customer with the tracking number so that they may track the delivery, and will provide DHL with the customer's telephone number and e-mail address so that DHL may contact the customer.
Deliveries will require an adult signature unless an exceptional provision has been implemented by couriers where the health situation so requires. If nobody is available to sign for the package, the courier will leave a delivery attempt notice and a contact number. The courier will attempt to deliver the package the following business day. After three (3) consecutive delivery attempts, the package will be returned to the GIVENCHY Store and the order will be canceled and refunded.
9.3. Delivery and pickup times
The order will be delivered, by express delivery, within an indicative time frame depending on the shipping option selected by customer.
Delivery time frames will begin from the shipment of the order by our Customer Service or by the Stores, materialized by the order shipment notice sent by e-mail to the customer.
In accordance with the French Consumer Code, delivery of the Products ordered will take place within the delivery times communicated by GIVENCHY, and in the absence of any indication otherwise, at the latest within thirty (30) days from the order, subject to the full payment of the price.
GIVENCHY also offers the customer the option of purchasing a preview of selected products from its future collections. In this case, a special delivery time frame will be provided to the customer when placing the order. It should be noted that this time frame may be longer than thirty (30) days from the order.
9.3.a) Delivery to a mailing address
At the beginning of the ordering process, GIVENCHY specifies the delivery options available for the Products purchased, their time frame, as well as the delivery costs.
If the customer notices an anomaly on the package (damaged, opened, traces of liquid, etc.) he/she must, if possible, (i) refuse the package, or, if this is not possible, (ii) he/she must accept the delivery, not open the package, and, must imperatively keep the disputed package.
The customer must contact GIVENCHY as soon as possible, at the latest within seven (7) working days from the delivery, either by e-mail at contact@givenchy.com, by telephone at 00 800 0000 1952 (toll-free number for any call made from France) from France, or by calling the telephone number of the Store.
GIVENCHY will then carry out all the necessary inspections and may, depending on the case and the customer’s choice, and subject to the return of the entire disputed package by the customer, take one of the following actions:
- Resend the order;
- Cancel and refund the order. The refund will be made to the bank card used for payment, as soon as possible within no later than fourteen (14) days after the date on which the buyer has exercised their right to seek the cancellation of the order.
9.3.b) In-store pickup
Availability of the Products purchased in the selected store will take place within the time frame communicated by GIVENCHY, and in the absence of any indication otherwise, at the latest within thirty (30) days from the confirmation of the order, subject to the full payment of the price.
An e-mail will be sent to the customer when his/her order is available in store. The customer will then have a period of ten (10) calendar days to pick up his/her order from the selected store or, as the case may be, ask the third party authorized by him/her in accordance with above article 5.3 (a) “Confirmation of the delivery method”.
The customer or the third party appointed by the customer in accordance with the provisions of article 5.3 a) above, must present the invoice (which they will have received by e-mail) and a valid form of identification, and in the case of the appointed third party, their own form of identification in addition to that of the customer on whose behalf they are collecting the order. An identity check will then be carried out and, on this occasion, a copy of the identity document may be made, which the customer expressly accepts by choosing this method of delivery. The Product(s) purchased will then be given to the customer or to the third party authorized by the customer in accordance with the provisions of article 5.3 a) above against signature of a collection slip.
The store may make copies of all of these documents in order to ensure the security of the customer and to prevent any fraudulent use of the customer's identity. If necessary, the customer agrees to inform and collect consent from any authorized person pursuant to the provisions of article 5.3 (a) above concerning (i) the period of ten (10) calendar days the third party has to pick up the order in-store, (ii) the necessary documents required for the pickup of the order, and (iii) the fact that this service involves the processing of personal data concerning this person in accordance with article 15 “Electronic Files/Privacy“ of these Terms of Sale.
After the period of ten (10) calendar days from the notification sent by GIVENCHY to the customer informing the availability of his/her order for pickup in-store, and in the absence of contact between GIVENCHY and the customer via Customer Service, GIVENCHY may by its own right cancel the order and will proceed, in this case, to refund the price of the order within a maximum period of fourteen (14) days.
10. Sending of receipt by mail
The customer has a period of twelve (12) months from the date of the Product's delivery to request the sending of a receipt via postal service by contacting Customer Service by telephone at 00 800 0000 1952 (toll-free number for any call made from France), Monday to Saturday from 10 a.m. to 7 p.m. except holidays, or via e-mail by clicking the “Contact” link in the Customer Service section and providing proof of identity, or by contacting the Stores at the contact information listed in the article 2, during opening hours and providing proof of identity.
11. Right of withdrawal – returns, exchanges, refunds
11.1. Right and period of withdrawal
The customer is entitled to a legal right of withdrawal that he/she may exercise under the conditions provided for by articles L. 221-18 and L. 221-20 of the French Consumer Code, if they meet the conditions set forth by these provisions, without needing to justify his/her reasons or pay penalties. Concerned with ensuring the satisfaction of its buyers and order recipients, GIVENCHY allows its customers to withdraw within thirty (30) days from the date of delivery of the Products, without needing to justify their reasons or pay penalties. After this period, the customer will no longer be able to exercise his/her right of withdrawal. If the order in question was for several ordered Products and if the Products were delivered separately, this period will start from the time the customer took possession of the last delivered Product.
11.2. Procedures for exercising the right of withdrawal
GIVENCHY offers its customers the option to fill out and submit his/her withdrawal statement online by logging in to their customer account or by contacting Customer Service or the Stores. The customer will then receive immediate confirmation of his/her withdrawal by e-mail.
The customer may also, before the expiration of the aforementioned thirty (30)-day withdrawal period, use the withdrawal form located at the bottom of these Terms of Sale, or send any other clearly-worded statement expressing his/her desire to withdraw to the following address for an order placed through the Website or the Customer Service Department, or to the addresses of the Stores in the event of an order placed through the Stores:
GIVENCHY - Customer Service - 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised, in particular, for orders relating to the supply of goods which have been unsealed by the consumer and that cannot be returned for hygiene and health protection reasons.
11.3. Consequence of the right of withdrawal
Within the framework of a return or in the event of nonconformity of the Product, the customer may return the purchased Product(s) and request a refund under the conditions described in below article 12 ”Terms of returns and refunds”.
12. Terms of returns and refunds
For orders placed through the Website or through Customer Service for delivery to mainland France, the customer may, to return the received Products, and according to his/her choice, benefit from a Product collection service at the location of his/her choice (in France) or return them to the Store at his/her own expense.
For orders placed through the Stores for delivery in France and the European Union or for an Export Sale, the customer may return the received Products by sending them at his/her own expense and risks to the address of the Store specified in Article 2 (iii) above. The costs related to returning the Products will be borne by the customer.
In all cases, the customer must return the delivered Products in their original packaging; they must be complete (with boxes, accessories, covers, booklets, etc.) and accompanied by the return note and/or return number. Products returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably lead to the conclusion that they have been used or worn will not be refunded or exchanged and will be returned to the customer at his own cost. To do so, Customer Service will contact the customer to inform him of the non-conformity of the returned or exchanged Products and organize the return at his own expense.
In the event of failure of the return despite GIVENCHY's best efforts to contact the customer by all the means at its disposal and in absence of any manifestation on the part of the latter within 18 months, GIVENCHY reserves the right to right seize the competent courts, in accordance with the provisions of the law of December 31st, 1903 related to the sale of certain abandoned products, to authorize the public auction of the Products.
It is stipulated that for orders delivered to third parties who are recipients of gifts ordered by a customer, via the Website or telephone through Customer Service, only the customer who bought the gift may request the refund within the framework of the right of withdrawal (to the extent that only the bank account of the person who ordered the product may be re-credited).
12.1. Collection service
a) Free return procedure for orders placed through the Website
The customer may contact Customer Service (159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France, by calling 00 800 0000 1952, toll-free number from France) to allow for the return of the Product(s) within fourteen (14) days from notification of the exercise of the right of withdrawal, in order to arrange an appointment (date and time slot) for the collection of the said Product(s) by GIVENCHY. In the case of an order placed through the Website, the customer also has the option of dropping off his/her parcel at a UPS Access Point: www.UPS.com
b) Refunds
If the Products can be subject to the legal right of withdrawal, the buyer, exercising their right of withdrawal under the conditions stipulated in article 11.1 in terms of the time frame and terms of returning the Products, may obtain a refund for the Products returned, as well as for the cost of standard delivery. In the case that the customer has selected a delivery method that costs more than those offered by GIVENCHY, the additional charges will be borne by the customer.
The returned Product(s) will be examined in advance by the GIVENCHY quality department. The customer will be notified of the refund, or the reasons for non-refund, and the terms of returning the Product(s) by Customer Service within fourteen (14) days from the date on which it is informed of the customer's decision to withdraw; this reimbursement may be deferred up to fourteen (14) days after receipt of the Products by GIVENCHY. The refund of the amounts paid for the returned Products will be made, depending on the method through which the Products were paid for, by credit to the bank account corresponding to the bank card used for payment.
Please note, however, that your bank may have specific processing times when it comes to carrying out a refund on your card, depending on processing times. This varies among card issuers, and we are not able to accelerate this process, which is beyond our control.
It is stipulated that these terms apply only to Products purchased through the Website, through Customer Service, or by telephone through our Stores listed above.
12.2. Returns in an eligible GIVENCHY store
In-Store returns are available at certain GIVENCHY stores only. The list of eligible stores can be found in the Returns FAQ section. No refunds or exchanges will be made in-Store. The returned Product(s) will be examined in advance by the GIVENCHY quality department and the customer will be notified of the refund, or the reasons for non-refund, by e-mail or through Customer Service within fourteen (14) days from the date on which it is informed of the customer's decision of to withdraw; this reimbursement may be deferred up to fourteen (14) days after receipt of the Products by GIVENCHY. The refund of the amounts paid for the returned Products will be made, depending on the method through which the Products were paid for, by credit to the bank account corresponding to the bank card used for payment.
12.3. Exchange via Website
In addition to the customer's right to withdraw and return Products in accordance with Articles 11 and 12 hereof, the customer may also change his mind and exchange a Product within thirty (30) days, under the conditions applicable to section 12. In the event that a product is defective, please refer to article 13 hereof.
In the event of an exchange request, the customer may exchange the Product(s) via the Website. For this, the customer must specify in the appropriate section of the Website which Product(s) he wishes to receive in exchange for his order within thirty (30) days from the designated date of receipt of said Product(s).
The number of exchanged Products must be identical to the number of Products returned and of the same reference and the same pricing. For example, the customer will not be able to exchange a bag for another type of bag, or a bag for a pair of shoes.
Personalized Products or made at the request of the customer, damaged Products as well as Products sealed (for example, swimsuits) but which have been unsealed after delivery cannot be returned and exchanged for reasons of hygiene or protection of health and will be returned when applicable to client under the same conditions as under article 12.
Without prejudice to the customer's rights provided for in Article 11, GIVENCHY reserves the right, within the framework of its exchange policy, to refuse an exchange beyond two (2) successive orders.
The customer may not make two exchanges for the same order, in the event of wishing to exchange Product(s) which have already been the subject of an exchange, the customer may return the Product(s) by contacting the Customer service by phone and get reimbursed.
The exchange of Product(s) is subject to the availability of said Product(s) on the Site. In the event that the Product(s) is/are unavailable, the customer will be reimbursed under the conditions provided for in Article 12.
The transport costs of the first delivery will be reimbursed (except for additional costs resulting from the client's choice to use another type of delivery than the standard delivery offered) but the transport costs of the second delivery will be invoiced according to the delivery method chosen. The new sale will be subject to the General Conditions of Sale in force at the time of the exchange.
13. Legal guarantees
The Products sold by GIVENCHY are subject to the legal warranty conditions provided for by Articles L217-4 et seq. of the French Consumer Code, and by Articles 1641 et seq. of the French Civil Code, to the exclusion of all other warranties:
- Legal guarantee of conformity:
GIVENCHY will deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery, and the Product must be suitable for the purpose usually associated with such a product and have the features that were presented during the sale. GIVENCHY also holds itself liable for any lack of conformity caused by the packaging, the assembly instructions, or the installation, if responsible for the latter, or had it been carried out under its responsibility. This guarantee will only apply on the condition that the customer makes a claim within two (2) years of delivery of the Product. The customer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the Product.
The customer may opt to have the Product repaired or replaced, unless one of these options results in a clearly disproportionate cost for GIVENCHY. If repair or replacement of the Product is impossible, the customer may receive a refund of the price paid and return the Product, or keep the Product and have a part of the price refunded, unless the lack of conformity is minor. The return, replacement or reimbursement of the Product will occur at no cost to the customer and do not preclude the possible award of damages in the event that the customer may be entitled to it.
- Legal guarantee against hidden defects:
GIVENCHY will deliver a Product free of hidden defects that render them unfit for their intended use, or that impair their use in such a way that the buyer would not have bought them, or would have paid a lower price for them if they had known of the defects. This guarantee will only apply on the condition that the customer makes a claim within two (2) years from the discovery of the defect.
In the case of a hidden defect, the customer has the choice either to return the Product and receive a refund of the price and costs incurred by the sale, or to keep the Product and have a part of the price refunded. In all cases, it will be up to the customer to prove that he/she fulfill the conditions of the guarantee.
In the case of a lack of conformity or hidden defects, the customer must contact Customer Service at 00 800 0000 1952 (toll-free number for any call made from France) so that it may arrange a return for the Product(s) in question.
Summary of Articles L. 217-4, L. 217-5, and L. 217-12 of the French Consumer Code and Articles 1641 and 1648, first paragraph, of the French Civil Code:
Article L.217-4 of the French Consumer Code: “The Seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. The Seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if they were responsible for the latter, or had it carried out under their responsibility.”
Article L.217-5 of the French Consumer Code:
“To conform to the contract, the product must:
1° Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the Seller and have the features that the Seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the Seller, the producer or their representative, including advertising and labeling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the Seller and which the latter agreed to.”
Article L.217-12 of the French Consumer Code:
“Action resulting from lack of conformity lapses two years after delivery of the product.”
Article 1641 of the French Civil Code: “The Seller is bound to a guarantee against hidden defects in products sold that render them unfit for their intended use, or that so impair their use that the buyer would not have bought them, or would have paid a lower price for them if they had known of the defects.”
Article 1648 first paragraph of the French Civil Code: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”
According to case law, compensation for the consequences of a hidden defect, once it has been proven, involves either:
- either repair of the item free of charge, including labour costs,
- replacement of the item or total or partial reimbursement of its price if the item is totally unusable,
- and compensation for any damage caused to persons or property by the defect in the article.
14. Information/claims
For any information, claim, or question relating to these Terms of Sale, the Products themselves or carrying out an order, the customer should contact GIVENCHY Customer Service 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France) by telephone: 00 800 0000 1952 (toll-free number for any call made from France), or through the Website via the form available in the Customer Service “Contact” section, providing their order number if necessary.
15. Electronic Files/Privacy
As part of the management and tracking of orders placed through Customer Service, the Stores or through the Website, GIVENCHY is required to gather and process personal data relating to its customers. This information, which is intended for the persons authorized by their function to possess it within GIVENCHY, and where applicable, by authorized third parties, is necessary for the processing and tracking of customers’ requests or orders, in order to better meet their expectations, as well as prevent any fraudulent use of their payment methods or identities.
Within the framework of the "In-Store pickup" service, and when the Product(s) ordered online by the customer is/are collected in-Store, the Stores will be required to verify the customer’s identification (ID card or passport) or that of the person the customer designates when placing an order on the Website to pick up their order. A copy of the form of identification may be made in-store in order to ensure the customer’s security and to prevent any fraudulent use of the customer’s payment method and/or their identity.
In accordance with the Regulations on Personal Data Protection (the aforementioned French Law “Informatique et Libertés”, the European General Data Protection Regulation of April 27, 2016 and any national law supplementing it), any person whose data is subject to processing has a right of opposition for legitimate reasons, a right of access, as well as a right to rectify, limit or delete information concerning them which is no longer relevant, a right to portability, a right of opposition at any time in the context of an opposition to the use of data for commercial purposes, as well as a right to communicate directives relating to the fate of their data after their death. These rights can be exercised according to the terms indicated in the confidentiality and Personal Data Protection Policy of this Website, accessible at following link: Personal Data Protection Policy.
16. Force Majeure
The performance by GIVENCHY of all or part of its obligations will be suspended upon the occurrence of an event of force majeure according to article 1218 of the French Civil Code which would impede or delay such performance.
GIVENCHY will inform the customer of the occurrence of any such fortuitous event or event of force majeure within seven (7) days. Should this suspension continue for more than fifteen (15) days, the customer would then have the option to terminate any outstanding orders, and a refund would then be paid no later than fourteen (14) days from said termination.
17. Liability
Under no circumstances can GIVENCHY be held liable for any damage which does not result from GIVENCHY's failure to comply with one of its obligations.
18. Language of the contract
For the convenience of customers, the Website and the Terms of Sale are available in four languages: French, English, Italian and Chinese. However, in the event of a contradiction between the French version and another language version, the French version shall prevail. Only the French version of the Terms of Sale is valid between the Parties.
19. Applicable Law – Disputes
These Terms of Sale are governed and interpreted in accordance with French law. In the event of a dispute related to the application and/or interpretation of these Terms of Sale, the customer has the option, before taking any legal action, to seek an amicable solution with GIVENCHY and to seek settlement with CMAP – Centre de Médiation et d’Arbitrage de Paris, the consumer mediator to which GIVENCHY reports. To submit a dispute to the mediator, the customer may (i) complete the form on the CMAP website: [www.cmap.fr](http://www.cmap.fr/) under the “you are: a consumer” tab (ii) send their request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an e-mail to [consommation@cmap.fr](mailto:consommation@cmap.fr). Whatever the means used to submit a dispute to CMAP, the customer's request must contain the following elements to be processed promptly: his/her postal address, e-mail and telephone number, as well as the full name and address of GIVENCHY, a brief statement of the facts, and proof of the preliminary steps taken with GIVENCHY. Notwithstanding the foregoing, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of December 12, 2012:
- The customer may either refer the case to the court where he/she is resident of or to the French courts,
- GIVENCHY may refer the case to the court where the customer is resident.
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
- To the attention of GIVENCHY - Customer Service, 159, avenue Charles de Gaulle, 92521 Neuilly-Sur-Seine cedex, France, or (mailto:contact@givenchy.com)
Withdrawal form
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I/We [*] hereby notify you [*] of my/our [*] withdrawal from this contract for the sale of the good [*]/ for the provision of service [*]below
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Goods ____________________ [reference] __________
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Ordered on [*]/received on [*]: ______________
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Name of consumer(s)
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Address of consumer(s)
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Signature of the consumer(s) (only in the case of notification of this form on paper)
Date ______________
[*] Cross out as appropriate.