TERMS OF SALE
1. GENERAL PROVISIONS
LES HOMMES S.p.A. (hereafter LES HOMMES) offers and sells via this website www.leshommes.com/it (hereafter, the “Website”), directly to its Customers, products of the Les Hommes collections and the second line LHU Urban (hereafter the “Products” or the “Product”). The sale of the Products on the Website is subject to these terms of sale (hereafter “Terms of Sale”). The Products presented on the Website are sold by LES HOMMES S.p.A., an Italian company with Share capital of €133.333,00 and registered office at Via Savona no. 97, 20144 Milan – Italy, Tax Code, VAT Number and registration number at the Companies Register of Milan 07630780968, Economic and Administrative Index no. MI - 1972439.
2. CONSUMER INFORMATION
2.1 The Products presented on this Website are offered for sale to natural person consumers of adult age (hereafter the “Customers” or the “Customer”) acting for purposes extraneous to any commercial, craft, business or professional activity performed. Products may not be purchased by natural persons aged under 18 except with the authorisation and supervision of a parent or guardian. LES HOMMES does not knowingly collect personal data on the Website from or in relation to minors. The Products offered may only be purchased for shipment to the countries indicated on the Website.
2.2 The languages used for concluding the sale contract via this Website are: Italian and English.
2.3 These Terms of Sale are published on the Website in order to disseminate knowledge of the same as well as to facilitate their storage and reproduction by you in accordance with existing regulations.
2.4 The purchase of Products is regulated exclusively by the Terms of Sale published on the Website and in force at the time of purchase.
2.5 LES HOMMES reserves the right to make changes and/or additions to these Terms of Sale at any time.
2.6 Any changes and/or additions will be effective exclusively in relation to purchases made after the publication date of the new version of the Terms of Sale.
2.7 The replacement of these Terms of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability on LES HOMMES of the same in relation to purchases made after their removal from the Website even if those Terms of Sale can in any case be consulted and/or accessed by the public via other internet websites, other than that indicated above.
3. WEBSITE REGISTRATION
3.1 Products may only be purchased on the Website subject to prior registration. The provision of personal data, particularly personal details, email address, postal address, telephone number and tax code (if requested) is necessary with regard to the conclusion of the purchase contract of Products via the Website.
3.2 Registration to the Website is free. To register, you must complete the specific form, entering your data and clicking on “Register”. Your registration to the Website will be confirmed by e-mail.
3.3 Registering to the Website, by opening a personal account known as “MY ACCOUNT”, allows you to:
a. save your addresses;
b. access all information on orders and returns;
c. track the order status;
d. manage your personal data and update them at any time;
3.4 Your registration credentials must be stored with extreme attention and care; they may only be used by you and may not be transferred to third parties. You undertake to keep them secret and to guarantee that no third party will have access to them. You also undertake to inform LES HOMMES immediately if you suspect or become aware of any undue use or disclosure of the same.
3.5 You guarantee that the personal information provided during the Website registration process and/or at any other time of your relationship with LES HOMMES is complete and true and you undertake to indemnify LES HOMMES and hold it harmless from any damage, compensation obligation and/or sanction deriving from and/or in any way related to the violation by you of the rules of Website registration or the storage of the registration credentials.
3.6 Registration to the Website and purchases via the Website constitute acceptance of these Terms of Sale.
4. PURCHASE PROCESS
4.1 The Website shows, for each selected Product, an image of that Product, the unit price, the colour and different sizes (where existing). The images are used solely for illustrative purposes of the Product; LES HOMMES may not, therefore, be held liable for any inadequate graphical representation of the Products presented on the Website. Despite LES HOMMES constantly adopting measures aimed at ensuring that the photographs displayed on the Website faithfully reproduce the original Products, some changes may always be possible due to the technical characteristics and resolution of the colours of the device used by you. As a consequence, LES HOMMES will not be liable for any inadequacy of the graphical representations of the Products displayed on the Website if due to the aforementioned technical reasons.
4.2. You may select the Product / Products in which you are interested, including the respective colour and size. The Product selected for purchase will be placed in the specific “cart”. It is not possible to select a Product, add it to the cart and save it to make the purchase in a later internet session. If the purchase process is not completed, the content of the cart will be deleted. The sale process will be deemed to be concluded when LES HOMMES receives the order form electronically, subject to verifying the correctness of the data relating to that order.
4.4. By sending the Order Form electronically, you accept and undertake to comply with, in executing the contract with LES HOMMES, these Terms of Sale.
4.5. If you need to correct any data entry errors, you must follow the specific modification procedure indicated on the Website, before sending your Order Form. By sending the Order Form, you recognise and declare to have read all instructions provided to you during the purchase process and to accept in full the Terms of Sale, as they will be binding once the purchase is concluded. After selecting the Purchase button, the content of the Order Proposal may no longer be changed by you.
4.8. LES HOMMES reserves the right to refuse orders issued by purchasers that it considers to be unsuitable or with which a legal dispute is in progress regarding a previous order or for any other legitimate reason, without the need to provide any motivation. LES HOMMES reserves the right to limit or not execute orders that, at its exclusive discretion, appear to be made for purposes of commercial and/or professional nature.
4.9 You may purchase one or more Products, for a maximum of 3 units for each individual Size, subject to anything otherwise stated for some types of Products. LES HOMMES reserves the right to modify at any time the limits on quantities of Products that can be purchased via the Website.
5.1. LES HOMMES does not guarantee the availability of Products offered on the Website, as the same are subject to stock limits. You are invited to check the availability of the Products offered on the Website at the time of purchase.
5.2. In the event of a concluded Order and a price already paid for the product that is no longer available, LES HOMMES will refund the sum paid by you, without undue delay, and the contract concluded between the parties will be understood to be terminated.
6. ORDER CONFIRMATION AND ACCEPTANCE
6.1. The order process is completed when the “Purchase” option has been selected. Upon confirming the Order Form, the order will be sent to LES HOMMES for processing and may not be changed or cancelled.
6.3 The contract stipulated between you and LES HOMMES shall be understood to be concluded when you receive an email confirming the order from LES HOMMES (hereafter known as “Confirmation Email”). The Confirmation Email will be sent to the address indicated by you in the purchase form and will contain the confirmation and the summary of the purchase terms, such as: description of the Product and its main characteristics and the total price of the order, including shipping costs.
6.4 LES HOMMES reserves the right not to accept the Order Proposal issued by you in the following circumstances:
a. Lack of availability, even temporary, of the Products included in the Order Proposal,
b. Existence of a legal dispute between LES HOMMES and you relating to a previous order;
c. If you, on previous occasions, have committed breaches of the Terms of Sale or have not fulfilled your obligations;
d. If it emerges that you are purchasing the Products with the aim of reselling or transferring the same for commercial or professional purposes;
e. If you have been involved in or suspected of being involved in illegal or fraudulent activities.
In the aforementioned cases LES HOMMES will communicate by email to you, within 30 (thirty) days from the date of actual receipt of the Order Proposal, any cancellation of the orders received. In that case, no Order Proposal will be understood to be accepted by LES HOMMES and no contract will be understood to be concluded between you and LES HOMMES.
6.5 In the case of partial unavailability of the ordered Product, before receiving the Confirmation Email, you will be offered the option of receiving only the available Products or cancelling the order in full. If you only cancel part of the order, you will only be charged the amount relating to the Products actually purchased and you will be refunded the difference.
7. PRICE AND PAYMENT METHOD
7.1 The price of the Products is that shown by the Price List published on the Website and in force when you send the order.
7.2 The price of the Products published on the Website is shown in EUROS. The prices of all Products offered on sale on the Website include VAT. If a shipment destination to a non-EU country is selected, VAT will not be calculated on the Products and the prices shown on the Order Form will be displayed without taxable VAT. The contribution for shipment, which will be indicated separately and will change depending on the destination country, must be added to the price of the Products.
7.3 Shipments to some non-EU countries will be made DDU (Delivery Duty Unpaid), namely with customs charges and/or taxes on the sale excluded from the purchase price; these will be applied subsequently in the destination country and will be paid in full by you, which, if due, you must pay to the courier upon delivery.
Note: Customer Services is not aware of the amount of these costs as they vary for each country and it is not possible to indicate them when concluding the order. We recommend that you contact the Customs Office of your relevant country for further information.
7.4 The purchased Products will only be shipped after the payment of the sum due from you has been successfully made.
7.5 If it is impossible, for any reason, to charge to you the due sums, the sale process will be automatically annulled and the sale cancelled, in accordance with the communication sent to you.
7.6 If one or more of the Products are unavailable and you have decided not to cancel the order in full, LES HOMMES will charge only the price of the available Products and will refund the difference.
7.7 LES HOMMES reserves the right to change the price of the Products, at any time, without notice, notwithstanding that the price charged to the user will be that indicated on the Website when making the order and that no account will be taken of any changes (upwards or downwards) occurring after the same has been sent.
7.8 All Products are equipped with a specific tag which displays an identification number and which constitutes an integral part of the Product itself; LES HOMMES suggests not removing the safety label and the respective identification number from the purchased Products, until you have ascertained the conformity of the same with the purchase, in order to ensure you are able to exercise the Right of Withdrawal indicated in Article 11 below.
7.9 You may pay the fee relating to the Products contained in the order proposal and the shipping costs by Credit Card or PayPal.
Payment by Credit Card
The payment by credit card of the circuits Visa, MasterCard, American Express and Maestro must be made online, when sending the purchase order.
In no case and at no phase of the payment is LES HOMMES able to know the information relating to your credit cards, which will be sent directly via secure connection to the PAYPAL website which manages the transaction. LES HOMMES does not store those data in any IT archive and therefore in no case may it be deemed liable for any fraudulent and undue use of the credit cards by third parties at the time of payment.
Security of Credit Card
As all transactions are processed by PAYPAL, you are guaranteed maximum security in your purchase. Our Customer Care operators are not in any way authorised to request or to accept credit card numbers and/or validity details of the same. LES HOMMES reserves the right to request additional documentation or information following the order, if the security systems of the PayPal payment platform so require.
Payment by Verified PayPal Account
When choosing the PayPal payment method, you can pay directly via your verified PayPal account. Once the details of the order have been confirmed, you are redirected to the PayPal login page from which you may access your account to complete the payment. The total sum of the order will be charged to the PayPal account when the order is completed.
By choosing the PayPal payment method, you can pay directly using your verified PayPal account. PayPal payments originating from verified accounts are accepted and we reserve the right to ship the goods to the address indicated on the verified PayPal account. Payments sent from unverified PayPal accounts may be cancelled.
8.1 The Products will be delivered to the shipping address provided when completing the Order Form. For security reasons, LES HOMMES cannot ship the purchased Product to a Post Office box, mailstop, stationed military bases (APO/PPO) or accept any order in which it is impossible to identify the recipient of the order and the respective address. Requests for orders to these addresses will be automatically cancelled.
8.2 The shipping costs are borne by you and are indicated separately on the Order Form and on the Invoice.
8.3. All purchases will be delivered by a Courier chosen by LES HOMMES at its sole discretion (hereafter, “Courier”) from Monday to Friday, excluding Saturdays, Sundays and local or national public holidays, commencing from the day after confirmation of the Order Form and in any case within 10 (ten) working days from confirmation of the Order Form, based upon the indicated availability. LES HOMMES is not responsible for unforeseeable delays and/or those attributable exclusively to the Courier.
8.4 For purchases exceeding 2 units LES HOMMES reserves the right to split an order into several shipments, according to the availability of the Products in the warehouse. In that case LES HOMMES will inform you in advance by e-mail.
8.5 Upon the shipment of the purchased Product, you will receive an e-mail at the address indicated in the Order Proposal. This email will contain a shipment tracking code and an exclusive link which will enable you to monitor the delivery in real time.
8.6 You will assume the risk of loss or damage of the Products only when you, or a third party designated by you and different from the carrier, enters materially into possession of those Products. If, on the other hand, the loss or damage of the Product occurs before the material delivery to you or to a third party designated by you, LES HOMMES will refund to you the sums already paid.
8.7. If there are problems or delays in delivery, exceeding 10 (ten) working days from confirmation of the Order Form, you are asked to notify LES HOMMES using the email address [email protected]. LES HOMMES reserves the right not to respond to complaints sent after 30 (thirty) days from acceptance of the Order Form.
9. ORDER CONFORMITY
9.1 You must check the delivered Products upon delivery of the same to ascertain that they correspond to the ordered Products.
9.2 Any anomalies ascertained at the time of delivery, such as tampering or damage to the packaging, lack of correspondence of the number of parcels or the indications, must be immediately reported, affixing a specific indication of reserve on the Courier’s delivery document.
9.3 For anomalies, such as missing articles with respect to the transportation document, Products not corresponding to those ordered, integrity of the Products, etc. identified after delivery, you must promptly notify LES HOMMES by email within 7 days from delivery to allow LES HOMMES to perform the appropriate checks. The foregoing does not affect in any way the Right of Withdrawal or the Legal Warranty of the product.
10. PRODUCT CONFORMITY
10.1 All Products sold by LES HOMMES are covered by the legal warranty of 24 months for defects of conformity, in accordance with Title III of Italian Legislative Decree 206/2005. The legal warranty for defects of conformity is valid only if the Product is used correctly, for appropriate uses with respect to its nature and strictly following the use and washing instructions contained on the product label itself, being fashion collections and therefore particularly delicate.
10.2 If manufacturing defects or defects of conformity exist in accordance with Art. 130 of the Consumer Code, you will be entitled to the restoration, at no cost, of conformity of the Product by way of repair or replacement, except where a requested remedy is objectively impossible or excessively onerous with respect to another. If one of the circumstances provided by law occurs, you may request a suitable reduction of the price or the termination of the contract and the consequent refund of the price paid. It is understood that you forfeit that right if you fail to report to LES HOMMES the defect of conformity within a period of 2 (two) months from the date on which you discovered the defect. In any case, LES HOMMES is only liable for defects of conformity that occur within 2 (two) years from delivery of the Product. The action to invoke those rights is limited to the term of 26 (twenty-six) months from delivery of the Product.
10.3 In order to report the presence of defects and deformities of the Products and to obtain one of the remedies listed above, you may contact LES HOMMES at the e-mail address [email protected].
10.4 If the delivered Product is different from the ordered Product, you are entitled to request the conformity of the delivery with the order, or in the case of any unavailability of the ordered Products occurring in the meantime, to cancel the order. In this latter case LES HOMMES will refund to you the sum relating to the purchase.
11. RIGHT OF WITHDRAWAL AND REFUNDS
11.1 You have the right to withdraw from the contract concluded with LES HOMMES, without paying any penalty and without specifying the reason, within 14 (fourteen) working days commencing from the delivery date of the Products. For split orders, that term commences from the delivery date of the final Product. It is not, on the other hand, possible to swap the chosen Product with another Product.
11.2 To exercise the Right of Withdrawal, you may use the specific form found on the Website by accessing MY ACCOUNT in the Returns section. To that end, you must (i) select the Product(s) to be returned (ii) await the return confirmation email indicating the Return Number which must be entered on the parcel (iii) apply on the parcel the sticky label already contained in the parcel and containing the return address (iv) using the link received in the email, book the return with the Courier.
11.3 If you follow the procedure indicated in the above point, the Courier designated by LES HOMMES will collect the parcel containing the returned Products at no charge to you. If you do not follow that procedure, the costs of return and any liability for loss, theft, damage or delay in delivery will be borne by you.
11.4 You undertake to return the Products for which you have exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which you communicated to LES HOMMES your decision to withdraw from the contract.
11.5 The Products must be returned in the same condition in which they were delivered. You shall therefore ensure that the Products are intact and complete, never used, worn or damaged in any way, and that they are returned in their original packaging, accompanied by all labels with which they were received. The Product return will not be accepted if the original safety label has been removed, broken or tampered with. LES HOMMES will check the packaging and the condition of the individual returned Products, as the substantial integrity of the same is an essential requirement for exercising the Right of Withdrawal. LES HOMMES reserves the right to refuse the return of the Products if they are damaged, deteriorated, dirty or are in a condition which infers, unequivocally, that they have been used for purposes other than the checks strictly necessary by you to ascertain the nature and characteristics of the purchased Product.
11.6 If the return is refused, LES HOMMES will send a specific communication to you and will not refund the price paid for the same, also reserving the right to claim compensation for any damage attributable to your conduct.
11.7 The refund of the price of the returned Products will be made by LES HOMMES without undue delay and in any case within 14 (fourteen) days from the date on which LES HOMMES received the return.
11.8 LES HOMMES reserves the right to retain the refund until it has received and verified the Product or until you are able to demonstrate that you have returned the product correctly and in intact conditions, whichever situation occurs first.
11.9 The aforementioned refund will be made by re-crediting the sum paid by you by the same payment method used for the purchase, except where you have expressly agreed otherwise and on the condition that you do not have to incur any cost as a consequence of the refund.
11.10 LES HOMMES will not be required to refund the delivery costs of the Products if you have expressly chosen a different type of delivery from the standard method used.
11.12 The return of the Products in accordance with this article is permitted only in relation to purchases made on the Website.
12. LIMITATION OF LIABILITY
12.1 The Products presented for sale on the Website are supplied “according to availability”. LES HOMMES does not provide guarantees, express or implicit, which extend beyond the description of the Products contained in the Order Form confirmation; in particular LES HOMMES does not issue any guarantee, explicit or implicit (i) in relation to the functioning or content of the Website, (ii) in relation to the absence of viruses on the Website and on the servers that host it, or in the e-mails, or (iii) that the information collected on the Website is immune from accesses by hackers and other unauthorised users.
12.2 LES HOMMES expressly declines any obligation to update or review the materials contained on the Website. You accept full liability for any risks associated with use of the Website.
12.3 Beyond cases of wilful misconduct or gross negligence, LES HOMMES will not in any way be liable towards you for indirect or consequential damages that may be caused to you by the purchase of the Products offered on sale on the Website.
12.4 LES HOMMES will not be liable for any delay or lack of execution caused by circumstances beyond its reasonable control.
13. PROMOTIONAL CODES AND FLASH SALES
13.1 LES HOMMES may organise Event Sales or Flash Sales. Those sales will have a set duration and will be limited in time, as clearly indicated on the Website, and they may be reserved to certain categories of registered Website users who will be notified of the start of the sale through a specific invitation email. Any special terms applicable to those sales will be indicated in the Product Specifications.
13.2 Registered Customers of the Website who have received a Promotional Code by newsletter, via social networks or on promotional websites, may enter the Code in the checkout phase. Each Code has a start date and validity end date which limits its use and may not be extended.
14.1 These Terms of Sale and, consequently, the contracts concluded with Customers, are regulated by Italian Law, with particular reference to the Consumer Code (Italian Legislative Decree no. 206 dated 6 September 2005 and Italian Legislative Decree no. 70 dated 9 April 2003, E-Commerce regulations) subject to any other prevalent mandatory rule of the country of habitual residence of the purchaser Consumer.
14.2. Disputes deriving from the interpretation, validity and/or execution of these Terms of Sale will be deferred to the jurisdiction of the court in the location of your residence or domicile, in accordance with existing law or, at your choice, to the Italian Court of Milan.
14.3 If any of the conditions contained in the Terms of Sale is deemed to be invalid, void or for any reason inapplicable, that condition is considered separable and does not prejudice the validity and applicability of the other conditions.
14.4 LES HOMMES also informs you that, in order to settle out-of-court a dispute deriving from a sale contract concluded online and without prejudice to the right of the consumer to access the protections of the judicial system, you may submit a complaint online at the European platform for online dispute resolution (ODR) found at the address http://ec.europa.eu/odr in conformity with the provisions indicated in Italian Legislative Decree dated 6 August 2015, no. 130 and Regulation (EU) no. 524/2013 of the European Parliament and of the Council dated 21 May 2013 on online dispute resolution for consumers.
16. COPYRIGHT AND TRADEMARKS
16.1 All contents present on the Website www.leshommes.com/it and www.lhuurban.com/it such as trademarks, copyrights, company images, works, images, photos, dialogues, music, sounds, videos, documents, designs, figures, logos, menus, web pages, graphics, colours, outlines, tools, fonts, drawings, diagrams, layouts, methods, processes, functions and software (collectively, the Content) are owned by and/or in the exclusive availability of LES HOMMES or its suppliers of contents and are protected by Italian copyright and other intellectual property laws.
16.2 You may not reproduce, publish, distribute, display, modify, create derivative works from, or exploit in any other way, in whole or in part, the Content without the prior written consent of LES HOMMES, or its suppliers of contents, as appropriate. This is subject, however, to LES HOMMES hereby providing you with permission, for exclusively personal and non-commercial use, to view, download and print the Website pages on paper copy.
16.3. LES HOMMES has the right, at any time, to claim ownership of any Content published on the Website and to object to any use, distortion or other modification of that Content.
17. LES HOMMES’ RIGHTS
LES HOMMES may, at its sole discretion, cancel your account or prevent you from using the Website at any time. LES HOMMES reserves the right to modify, suspend or interrupt the functions of the Website or its Content at any time and without prior notice.
For any complaint, further information or assistance on the Website or on the purchase process, you may contact LES HOMMES Customer Services by the following methods:
By telephone, to number + 39 02 42205321 - The service is active from Monday to Friday 9:30 am to 6:30 pm CET excluding public holidays.
By email to the address [email protected]
By completing the Form in the section “Contact Us” specifying the reasons for the communication.
19. AMENDMENT AND UPDATE
The Terms of Sale may be amended in relation to regulatory changes. Any new Terms of Sale will be effective from the publication date on the Website www.leshommes.com./it and www.lhuurban.com/it
Latest update, March 2019