Terms And Legal
In accordance with article 52 of Italian legislative decree no. 206 of 6 September 2005 ("Consumer Code"), you have the right to withdraw from the sale contract with YOOX NET-A-PORTER GROUP S.p.A. (the “Vendor” or “YNAP”) for any reason and without incurring any penalty within fourteen (14) days from the date on which you received the products purchased from Montblanc.
You can exercise your right to return using one of the following methods in accordance with article 54 of the Consumer Code:
a) Online submission to the Vendor of the Return Form found in the Customer Service area, completed in its entirety; in this instance, the Vendor will send you an e-mail confirming that they have received your return request.
b) Sending to the Vendor the form – to be completed in its entirety – that can be downloaded from Montblanc* and which is consistent with the template form as per art. 49, section 4 of the Consumer Code.
c) Sending the Vendor another declaration explicitly stating your decision to withdraw from the sale contract.
In instances b) and c), your declaration must be addressed to Customer Service at the registered office of YOOX NET-A-PORTER GROUP S.p.A., Via Morimondo no. 17, Milan. In such instances, you will be responsible for proving that you exercised your right to withdraw from the sale contract correctly and within the specified time frame.
In accordance with article 57 of the Consumer Code, once you have exercised your right to withdraw from the sale contract, the products to be returned must be handed over to the courier within fourteen (14) days of the date you notified the Vendor of your decision to withdraw.
It is not possible to exchange the garment chosen for another.
In accordance with article 59 of the Consumer Code, the right to return is excluded in the event that you purchased customised or personalised products, or sealed items that were opened after delivery and that cannot be returned for health or hygiene reasons.
The right to withdraw from the sale contract shall be deemed correctly exercised if the following conditions have been fully met:
a. The right to withdraw has been correctly exercised within fourteen (14) days of receiving the products following the procedures set out above
b. The products have not been used, worn or washed and, in any case, compliant with the requirements detailed in the section on compliance checks for returned products below;
c. The identification tag with the disposable seal is still attached to the products as it constitutes an integral part of the product (see art. 5 below)
d. The products are returned with their original packaging
e. The products are handed over to the courier within fourteen (14) days of the date you notified the Vendor of your decision to withdraw from the sale contract
f. The products are not damaged
If you have complied with the relevant conditions, the Vendor will, in accordance with art. 56 of the Consumer Code, fully reimburse the price of the products purchased. The only expenses borne by you will be those for returning the products, unless the Vendor expressly exempted you from those expenses when you made your purchase, and under the condition that you use the courier and shipping methods indicated below in section 2.
The Vendor recommends you use the courier UPS (www.ups.com) for returning products. If you use UPS and the pre-printed label – which carries the return address – enclosed in the original order, you will not have to pay the return costs upfront. The Vendor will pay the courier UPS on your behalf and will deduct from your refund a fee equal to the cost incurred for delivering the purchased products to your home. Contact UPS to organise a return. The possibility of tracking each package sent at any time using this shipping method relieves you from any responsibility for loss or damage to the products during transit. If you decide to return products using a courier other than UPS, you will have to pay the return shipping costs upfront and you will be responsible for any loss or damage to the products during transit. In this event, you will also be refunded an amount equal to the standard shipping cost of the purchased products although, as per art. 56, section 2 of the Consumer Code, you will not be refunded for any additional costs incurred due to choosing another kind of shipment and delivery that is different to or faster than the standard method.
You will be notified if the returned products cannot be accepted because they are not compliant with the conditions indicated in letters a) and e) of previous section 1 or art. 59 or the Consumer Code and you can choose, at your own expense, to have the products returned to you. If you refuse said delivery, the Vendor reserves the right to retain the products and the amount paid for the purchase of the products.
All products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), including all packaging, accessories and documents. The Vendor reserves the right not to accept any return if the product shows signs of wear or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.
For example, the Vendor may make a reduction in the following circumstances:
• the product(s) have been used, worn, damaged or washed;
• the identification tag with the disposable seal is not attached to the product(s) or has not been returned. Please note that identification tag constitutes an integral part of each product; and/or
• you have not returned any packaging which is an integral part of a product (such as a dust bag).
You will be informed if the Vendor proposes to reduce your refund for this reason. In this instance, you may (as an alternative to the Vendor providing you with a reduced refund) choose to have the products sent back to you at your own expense. In the event of the latter, should you refuse this shipment, the Vendor reserves the right to retain both the products and the amount specified for the decreased refund owing to the decrease in value of the returned products.
Once the Vendor has received the returned products and checked all requirements have been met, you will receive an e-mail confirming that the return has been accepted and YNAP will proceed with a full refund, or, if the products are found to have decreased in value, you will receive an e-mail informing you of the amount deducted from the refund and YNAP will proceed with the refund of the remaining amount. Whatever the form of payment used, the Vendor will process the refund as quickly as possible and, in any case, within fourteen (14) days from the date it was informed of your decision to exercise your right to return, and once it has checked that the return was carried out in compliance with the above conditions.
The time period for refunding the amount paid for purchasing the returned products depends on the form of payment used:
- Purchase by credit/debit card: refund time will depend on the card company, but will normally take place within two billing cycles. The credit's value date will be the same as the original debit. You will not, therefore, suffer any losses in terms of bank interest.
- Payment by PayPal: refunds will be credited to your PayPal account and will be visible immediately. The actual reimbursement of the credit card associated with your PayPal account will depend on the company that issued the card.
- Payment made by cash on delivery (if available): we will refund to the bank account indicated by you, so the time taken for the refund will depend on the accuracy of the information provided by you; the refund will usually take fourteen (14) days.
Notwithstanding legal rules protecting consumers, if you are returning a product because of an error on our part or because it is damaged or defective, you shall notify YNAP within thirty (30) days of receipt using the online Return Form on the website; if a product becomes faulty after the thirty (30) days please contact Customer Service to obtain further returns information. You must return the products in the same condition in which you received them. For returning the products please see section 1 and 2 above.
YNAP will examine all products returned as damaged or defective and will notify you of your refund via e-mail within a reasonable period of time. Subject to acceptance by YNAP of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to YNAP. In the event that YNAP find no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. If you do not accept re-delivery YNAP reserves the right to retain the products and the purchase price and recover YNAP's fees and expenses.
YNAP has adopted a business policy; its mission is to sell products through its services and its website to "end consumers" only. "End consumer" means any individual who is acting on Montblanc.com for purposes which are outside his or her trade, business or profession. If you are not an end consumer, please do not use our services to buy products on Montblanc.com. YNAP is entitled to disregard purchase orders from persons other than end consumers and any other purchase order which does not comply with the General Terms and Conditions of Sale and these General Terms and Conditions of Use.
These conditions for exercising the right to withdraw from the sale contract are an integral part of the General Terms and Conditions of Sale and are governed by Italian law, and in particular by the Consumer Code.
*Download and fill in a paper return form to exercise your right to return.