General Terms and Conditions of Sale - Employee Sale
Date: June 2022
1. General Provisions
1.1. These general terms and conditions of sale (“ General Terms”) apply to all flash sales of ALEXANDER MCQUEEN unsold products or products with manufacturing defect(s) (“ Products” or “Product”) through the website https://www.alexandermcqueen.com/ (“Website”).
1.2. The vendor is ALEXANDER MCQUEEN, company incorporated under the laws of England and Wales, with registered office at 5th Floor Rear Suite, Oakfield House 35 Perrymount Road, Haywards Heath, West Sussex, RH16 3BW, United Kingdom and with unique company registration number 0409926.
1.3. The sale of Products under these General Terms is only available to Kering Group’s employees and Guests (“you”) aged over 18.
1.4. “Kering Group’s employees” means all employees of Kering SA and all employees of any of the Kering Group member company whose employment contract is in force at the starting date of the sale. External consultants may also be invited to a sale by directly receiving an invitation to the sale from Kering SA or from any of the Kering Group member company (“Guest”).
1.5. Products are for personal and family use. Resale is strictly forbidden.
1.7. We reserve the right to amend or update all or part of our General Terms from time to time, without notice. The General Terms in force at the time you place your order will govern your purchase of Products. Any amendments or updates we make to our General Terms will apply only to future orders of Products you place with us. Whenever we amend or update our General Terms, we will display the “Last Updated” date at the top of the General Terms to reflect the date of the changes. Previous versions of our General Terms are made available for your reference on a durable medium for an unlimited period of time allowing you to access them, and/or save them electronically on your computer or on any mobile device and/or print a copy.
2. Products Information and Availability
2.1. Information on our Products (along with the corresponding Product codes) and relevant prices are available on the Website.
2.2. Pictures of the Products displayed on the Website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device’s display of our Products accurately reflects them. In particular, the colors, fabric, shade, grain, texture of the Products shown on your screen may vary from those on the actual Product. Therefore, you should rely exclusively on the description of the Products and their characteristics as mentioned on the Website.
2.3. Each sale may be subject to a limitation in the number of Products or categories of Products that can be purchased per Client and sale (“ Quotas”). Quotas are displayed on the Website. They must be strictly observed.
2.4. We may change or discontinue a Product or any of its features, as described on the Website, at any time without notice (this does not affect orders already placed at the time of the change). During the purchasing process, we will inform you if your order cannot be processed, in whole or in part, due to the unavailability of one or more ordered Products. If one or more ordered Product(s) are unavailable, your order will be totally or partially cancelled (as the case may be), and you shall pay only the price of the available Product(s).
2.5. In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event we shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.
3.1. Prices of Products are inclusive or not of all applicable taxes and charges depending on the delivery country. Prices do not include delivery charges, which, if any, shall be added to the price of the Products and will be communicated to you during the checkout process before you confirm your order.
VAT will be charged as per applicable law at the time of the sale.
3.2. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case we will contact you and ask you whether you wish to purchase the Product at the correct price. If you decide not to purchase the Product, we will cancel your order and terminate the Contract.
3.3. We reserve the right to change the Products prices at any time and without notice, but such changes will not apply to Products for which you have received an Order Confirmation (as such term is defined in Section 4.4 below).
4. Formation of the Contract – Placing an order
4.1. To purchase Products on the Website, you must follow the instructions provided by the online purchase process: (i) include the selected Products (subject to the restrictions set forth in Section 2.3) in the shopping cart, (ii) fill in the order form with your personal information (name, address, email, telephone, shipping/billing address), (iii) select your payment method, (iv) accept the General Terms, (v) accept the ToU and (vi) place your order through the Website (following the relevant instructions on screen).
4.2. Before submitting your order, you will be given the opportunity to review your selection, check the total price and correct any errors.
4.3. By placing an order, you agree to pay the price of the ordered Products.
4.4. Once you place your order, we will send you an email to confirm your order (“Order Confirmation”). The Contract between us and you will be formed then. Notwithstanding the foregoing, we reserve the right to cancel your order and terminate immediately our Contract with you, in whole or in part, without liability to you, on legitimate grounds such as:
(i) The ordered Product(s) is/are no longer available; or
(ii) You do not comply with the eligibility conditions set out in Section 1.3 or 1.4; or
(iii) You have ordered too many Products (see Section 2.4); or
(iv) We are unable to obtain authorization for your payment; or
(v) There was an error in the price displayed and upon contacting you, you have refused to purchase the Product at the correct price (see Section 3.2); or
(vi) Reported or suspected, fraudulent, illegal or unauthorized activities, including suspected purchases for commercial purposes; or
(vii) The delivery address provided by you is not a valid address; or
(viii) You have not fulfilled your obligations deriving from a prior contract entered into with us.
In the above situations we will send you an email to inform you of the cancellation of your order.
4.5. The Order Confirmation shall be sent to the email address provided by you in the order. The details of your accepted orders are available under “My Account - My Order” section of the Website.
4.6. The Order Confirmation will include the order number as well as all the information required by applicable law, including without limitation, basic information on the purchased Products, the price and the shipping address.
4.7. Once you receive the Order Confirmation you can no longer cancel or modify your order unless otherwise provided in these General Terms.
5.1. You must pay the price of the Products (including applicable VAT, sales taxes or other taxes), the cost of any additional services you order (e.g., additional costs for personalized Products), if applicable, and the associated delivery charges, if any.
5.2. We accept payments made in the currency specified for the country of the shipping destination with the payment methods proposed to you before you confirm your order.
5.3. We will not debit the amount of your order until:
(i) we have confirmed availability of the Products;
(ii) we have sent you the Order Confirmation;
(iii) we have received authorization to debit your card from the card issuer or your PayPal account, if applicable;
(iv) your debit/credit card data or your Paypal account, if applicable, has been verified.
5.4. If your payment cannot be processed for any reason, we will cancel your order and our Contract with you will end immediately, without liability to you. We will inform you of this in writing.
5.5. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of our processing of your payment.
5.6. For each order, we will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order. No alterations to the e-invoice are possible once the e-invoice has been issued.
5.7. Please note that for Pre-Order Products, payment is not processed at the time of the reservation of the Pre-Order Product but when the Pre-Order Product is available.
6. Shipping, Delivery and Collection
6.1. The purchased Products will be delivered exclusively in Sweden.
6.2. The purchased Products shall be delivered by a courier service selected by us (“Courier”). Products shall be delivered to the address indicated by you in the order form. We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to PO Boxes, address of freight forwarders, or hotels.
6.3. The purchased Products will be shipped out only after we receive your payment in full. If we do not receive your payment in full, whatever the reason, we can delay or refuse dispatching the Products without liability to you.
6.4. We will take all reasonable steps to deliver the purchased Products within the estimated periods communicated to you during the checkout process before you confirm your order, except if a force majeure event or an unforeseeable and insurmountable act of a third party to the Contract occurs. We will send you an email to notify you when your order has shipped (“Order Shipping Confirmation”). If the delivery has not occurred within thirty (30) days of the Order Confirmation, you will be entitled to (i) notify us of the suspension of the payment of all or part of the price until we deliver the Product or (ii) specify a date for delivery and, if this cannot be met, you may cancel the Contract and we shall refund you all sums paid under the Contract within fourteen (14) days from the date you cancel the Contract.
6.5. Upon delivery of the Products by the Courier, you (or the person designated by you) are required to:
(i) verify that the number of packages delivered corresponds to that indicated on the delivery note;
(ii) verify that the packages and their seals are intact, undamaged, not wet or altered in any manner;
(iii) sign the delivery note; and
(iv) if requested by the Courier, show your ID.
Any damages to the packages and/or the Products or discrepancies in the number of packages or documentation must be immediately mentioned in writing on the Courier’s delivery note.
6.6. You can track the status of your shipment by clicking on the link included in the Order Shipping Confirmation.
7. Risk and Title
7.1. The risk of loss of, damage to, and destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you.
7.2. Title in the Products shall pass to you on the date on which the Products are delivered to your delivery address.
8. Lack of Conformity - Defects
8.1. We provide a warranty for any lack of conformity to the Contract of the Products we have sold to you on the Website, under the conditions set forth in Article 16 and seq. of the Swedish Consumer Sales Act (Sv . Konsumentköplag (1990:932)), as well as a warranty against any hidden defects, as set out in Article 16 of the Swedish Consumer Sales Act (Sv. Konsumentköplag (1990:932)). Under the statutory warranty of conformity, you have three (3) years from the date of receipt of the non-conforming Product to file a claim. You may choose between repair or replacement of the Product unless, as set forth in Article 26 and seq. of the Swedish Consumer Sales Act (Sv. Konsumentköplag (1990:932)), the cost of the remedy you choose is disproportionate compared to the cost of the alternative remedy or the remedy is impossible, in which case you will be entitled, under certain conditions, to a refund or a price reduction. Pursuant to Article 20a of the Swedish Consumer Sales Act (Sv. Konsumentköplag (1990:932)), you are exempt from proving the existence of the Product’s lack of conformity with the Contract for the first twenty-four (24) months following receipt of the Product. However, if we prove that the Product was in conformity with the Contract, your claim will be rejected. This warranty is provided in addition to the warranty against hidden defects pursuant to which you may make a claim within two (2) years of the discovery of the hidden defect. In such case you can choose between the cancellation of the Contract or a price reduction of the Product.
8.2. Damage, alteration or modification to the Products caused by you is not a defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as direct exposure to the sun light or heat, contact with liquid, rain or food); normal tear and wear; non-observance of applicable care and/or cleaning instructions, are not defects or a lack of conformity. Likewise, variations in the texture, natural markings or irregularities of natural Products (such as leather or fabric) are inherent to the Product and not defects.
8.3. In the event you request the repair, replacement or return of a Product due to defect or due to the Product not being as described or being incomplete pursuant to this Article 8, we will bear the delivery costs for returning the Products to be repaired, replaced or returned, as well as any costs to deliver back to you the repaired or replaced Products.
9.1. Nothing in these General Terms seeks to exclude or limit our liability for:
- personal injury or death resulting from our negligence;
- fraud or fraudulent misrepresentation;
- breach of any obligations implied by applicable consumer protection laws; or
- any other cause of action which cannot be limited or excluded under applicable law.
9.2. Subject to the above, our aggregate liability shall be limited solely to damages, caused by our breach, that you suffer in respect of all claims and causes of action, arising under or in connection with our General Terms and each Contract. We are not liable for damage or loss that either you or we could not reasonably have foreseen at the time you accepted the General Terms or for any delay or failure to perform any of our obligations under these General Terms if the delay or failure is caused by you, a third-party that is not under our control or a force majeure event.
10. Guarantee of Authenticity and Intellectual Property Rights
10.1. We guarantee the authenticity of all Products purchased on our Website.
10.2. ALEXANDER MCQUEEN trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain the exclusive property of Autumnpaper Limited and are protected by applicable copyright, trademark, or other intellectual property laws around the world. Autumnpaper Limited reserves all such rights.
11. Applicable Law and Jurisdiction
11.1. These General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of Sweden.
11.2. Any disputes arising out of, or relating to, these General Terms and the Contracts shall be submitted to the jurisdiction of the competent courts.
11.3. You may access the European Online Dispute Resolution Platform provided by the European Commission and available at http://ec.europa.eu/odr, for alternative extra-judicial resolution of disputes that cannot be resolved between you and us.
12. Contact us
For further information and assistance with the Website, you may contact us by sending an email at firstname.lastname@example.org.
Any notice to be given under these General Terms or the Contracts will be in writing. We will contact you by email, telephone, SMS or provide you with information by posting notices on our Website.