Terms and Conditions
These terms and conditions (Terms and Condition) govern your use of, access to, and purchase of products through www.openingceremony.com (the “Website” or "Site"). By using the Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
www.openingceremony.com is the property of OC Italy S.r.l., (company number MI - 2580202 , VAT number 11110010961), whose registered office is at Via Filippo Turati 12, 20121 Milan, Italy (IT) (OC, we, us and our) and the services (Services) that are provided by Farfetch UK Limited and/or Farfetch US LLC (Provider) depending on your location under its trading division Black & White, as more particularly detailed infra below in the section headed “Operation of Website” and “Services and Products”.
Other Site Policies
Please review our Terms & Condition, Return Policy, Privacy and Cookies Policy (collectively, the “Site Policies"). All Site Policies are incorporated in these Terms and Conditions by this reference and, therefore, apply to your access to, use of and purchase of products from the Site (“Product”). If you do not agree to our Site Policies, please do not use the Site. We reserve the right to make changes to the Site, the Site Policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining.
Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
Operation of Website and Delivery of Services
OC subcontracted the operation of certain aspects of the Website to Black & White, a trading division of Farfetch. As such, Farfetch provides and/or procures certain services on behalf of OC to enable the operation of the Website and for you to search through the Website and purchase products from OC.. Such Services include, but are not limited to, payment processing, customer service, hosting, and delivery logistics. The specific Farfetch entity procuring such payment processing services will depend on your location. If you are located in the USA then Farfetch.com US LLC will procure the payment processing services; if you are located anywhere else in the world Farfetch UK Limited will procure the payment processing services. Farfetch UK Limited is a company registered in England and Wales whose office is at The Bower, 211 Old Street, London EC1V 9NR United Kingdom. Its registered company number is 06400760 and its VAT number is GB 204 0769 35. Farfetch.com US LLC is a company registered in the USA whose office is at 2301, East 7th Street, Suite A-250 Los Angeles, California, 90023.
Please note that the delivery logistics service is being provided by the Provider to you, the customer, and as such you are entering into a contract for delivery services provided by the Provider. The Provider may make a charge for these services which will be shown in at prior to checkout and your purchase of the Products.
The Products are owned and sold on the Website by OC. OC attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. Please note that the images of the Products on the Website are for illustrative purposes only and while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Purchase for personal use only
You may purchase products on the Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our Terms and Conditions Neither OC nor the Provider has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Ordering and availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Pay Now" button on the checkout page. All orders are subject to email confirmation by us. After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for the Products. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched (“Despatch Confirmation”). The contract between you and us in relation to the Products ordered (“Contract”) will only be formed when we send you the Despatch Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract. The Contract will relate only to the Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
Please note that the Products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed.
You are responsible for the shipping costs associated with the delivery of the Products you purchase on the Site as specified on your order confirmation.
Delivery and Delivery Conditions for DHL Express Customs
These Terms are used for the provision of services by DHL Express express carrier for the delivery of Express cargo for personal use.
1. Terms used in these Terms:
Express carrier - DHL Express is represented on the territory of the Russian Federation by two persons: ZAO DHL International and OOO DHL Express. DHL Express, as well as third parties, carry out joint activities for the international transportation of Express cargo and customs operations in relation to Express cargo. The customs representative is DHL Express LLC, which performs customs operations on behalf of and on behalf of the declarant or other interested parties in accordance with the customs legislation of the Customs Union. Express cargo - goods, transported as part of high-speed transportation by any means of transport using the electronic information system for organizing and tracking transportation on the site in order to deliver this product to the Recipient in accordance with an individual bill of lading for the minimum possible and / or fixed period of time. Sender - a legal entity, usually an online store, that has delivered the Express carrier for delivery to the Express carrier. Recipient - a natural person, the recipient of Express cargo indicated on the DHL Express bill of lading.
2. Subject of these Terms
2.1. These Terms constitute a public offer and constitute a contract of carriage and customs operations in respect of express consignments of a consignment between the Sender / Recipient, the Express Carrier and the Customs Representative (hereinafter referred to as the Agreement).
2.2. By pressing a button, putting a tick or another sign in the field “I accept the terms of the Public Offer” and / or any other actual confirmation of consent on the Sender’s website when ordering, the Express Cargo Consignee accepts the provisions of this Agreement on his own behalf and on behalf of others directly or indirectly interested parties, including the Sender.
2.3. In accordance with the legislation applicable in the Russian Federation, the Express carrier and the Customs representative are entitled to demand from the Recipient the documents and information necessary for the international transportation of Express goods and customs operations in relation to Express cargo, including information containing commercial, banking and other secrets protected by law, or other confidential information, and to receive such documents and information in time to ensure compliance with the laws established by law fights. The Express Carrier and the Customs Representative acknowledge and confirm that the information received, constituting state, commercial, banking and other secrets protected by law (secrets), or other confidential information will not be disclosed or used by the Express Carrier,
3. Terms of delivery via DHL Express.
3.1. The Sender and the Recipient agree that for the transportation of goods via the DHL Express network, the usual DHLExpress Delivery Terms apply, the main provisions of which are important for the Recipient, are listed below:
Delivery and undeliverable
Cargoes cannot be delivered to the addresses of subscriber boxes or with the indication of only zip codes. The goods are delivered to the address of the Consignee indicated by the Consignor, however, not necessarily personally to the Consignee. Delivery of goods addressed to the central zone of receipt of goods is carried out in this zone.
DHL may notify the Consignee of an upcoming delivery or missing delivery. The consignee may be offered alternative delivery options, including delivery on another day, delivery without a signature, redirection to another address, or pickup from the DHL service department. Some shipping options may be excluded at the request of the Shipper.
In the case of unacceptability of the goods, as specified in Art. 2, its understated customs value, the impossibility of finding or identifying the Consignee using reasonable measures, the Consignee's refusal to deliver or pay Customs duties or other fees related to the Cargo, DHL will take all measures dependent on it to return the Cargo to the Consignor at the expense of the latter; otherwise, the Cargo will be at the disposal of DHL and may be issued, disposed of or sold at its discretion without any liability to the Shipper and any other persons, and the proceeds from the sale of funds, net of Customs duties associated with the Cargo, fees and related administrative expenses shall be returned to the consignor. DHL has the right to destroy any Cargo that DHL cannot return to the Shipper by force of law,
DHL has the right to open and inspect Goods without notice in order to ensure security, customs declaration or in accordance with other regulatory and regulatory acts.
DHL’s liability with respect to any Cargo transported by air (including auxiliary road transport or stops on the route) is limited in accordance with the Montreal or Warsaw conventions, or, if these conventions are not applicable, the lower of the following amounts: (i) current market or declared value; or (ii) 19 special drawing rights per kilogram (approximately US $ 26.00 per kilogram). Such restrictions also apply to all other types of cargo transportation, with the exception that in the case of the carriage of goods by road, the restrictions listed below apply.
In the case of the international carriage of goods by road, DHL’s liability is limited or deemed limited by the terms of the Convention on the Contract for the International Carriage of Goods by Road (CMR) in the amount of the lower of the following amounts: (i) current market or declared value or (ii) 8.33 special borrowing rights per kilogram (approximately $ 14.00 per kilogram). In the absence of legally applicable or lower liability limits in applicable national law, such restrictions also apply to the inland carriage of goods by road.
If the Shipper considers the above limit amounts to be insufficient, he must separately declare the value of the cargo and declare the need for insurance in accordance with the provisions of Section 8 (Cargo Insurance), or insure the Cargo on his own.
DHL’s liability is expressly limited to the direct real damage caused to the Cargo as a result of its damage or loss, and may not exceed the limit values per kilogram of the Cargo’s weight in accordance with this Section 6. Any other types of loss or damage are not refundable (including, lost profit, interest income, and business prospects, inter alia) whether such damage or loss is special or indirect, even if DHL was notified lawsuit occurrence of such damages or losses.
DHL undertakes to make all reasonable efforts to deliver the Cargo in accordance with the usual DHL delivery schedule, however, such a schedule is not mandatory and is not part of the contract. DHL is not liable for damage or loss caused by the delay, however, in the case of certain Goods, the Shipper may demand limited compensation for the delay in accordance with the terms of the Money Back Guarantee, which can be found on the DHL website at www.dhl.com or by contacting DHL.
All claims must be submitted by DHL in writing within 30 (thirty) days from the receipt of the DHL shipment; otherwise, DHL will not be liable for any claims. With respect to one Cargo, only one claim can be made, and its settlement is a complete and final settlement of all claims for damages and losses in relation to such Cargo.
DHL Independent Circumstances
DHL is not liable for any damage or loss caused by circumstances beyond the control of DHL. These circumstances include, but are not limited to: the negative effects of electric or magnetic fields on electronic or photographic images, data or recordings or their erasure, any defects or characteristics caused by the nature of the Cargo, even if they were reported by DHL; any actions or omissions of persons who are not DHL employees or contractors, namely, the Shipper, Consignee, third party, customs authorities or other officials; “Force Majeure” - earthquake, cyclone, hurricane, flood, fog, military actions, aircraft crash, embargo, rebellion, riots or industrial conflicts.
The consignor agrees with any route and deviations from it, including the possibility of cargo passing through intermediate transshipment points.
Any disputes arising out of these Terms, or in connection with them, in the interests of DHL shall be settled in the courts of the country of departure of the Cargo and regulated by the laws of that country, and the Shipper will accept this jurisdiction if this does not contradict the current legislation.
3.2 The full text of the conditions of delivery of DHL Express network is available on the website at www.dhl.ru .
4. Terms of customs operations
4.1. Customs representative:
4.1.1 is entitled to perform customs declaration of Express cargo;
4.1.2 undertakes to inform the Recipient of the date of arrival of the goods at the temporary storage warehouse (hereinafter - TSW) through facsimile or electronic communication;
4.1.3 undertakes to perform other actions stipulated by the customs legislation of the Customs Union and the Russian Federation, necessary for the performance of customs operations, as a person vested with the Recipient authority with respect to the declared Express cargo.
4.2. The recipient is obliged to provide the Customs representative with complete and reliable information and documents required by the customs legislation of the Customs Union and the Russian Federation for the implementation of the express cargo declaration, as well as submit additional documents in accordance with the request of the Customs representative.
All necessary documents for declaring goods must be submitted no later than 10 (ten) calendar days from the moment goods arrive at the temporary storage warehouse
4.3. The recipient undertakes to independently comply with all the formalities associated with the frequency of movement of goods across the customs border.
4.4. The Sender and the Recipient guarantee legal authority or other legal grounds for the commission of legally significant actions of the Customs representative on their behalf and are fully responsible for providing complete and reliable information regarding the Express shipment.
5. Responsibility of the Parties
5.1. The Recipient is responsible for the penalties imposed on the Customs Representative as a result of the latter's violation of customs rules in connection with the provision by the Recipient of incomplete and / or inaccurate information and documents, including non-compliance of the goods transported with the accompanying documents in terms of their name, quantity, and other characteristics that affect for reliable declaration, as well as untimely submission by the Recipient of the specified documents and information, in which case the Recipient agrees to Place of customs representative of the amount of such sanctions on the basis of a separate account.
5.2. The customs representative shall not be liable for lost profits, as well as other indirect and unforeseen losses of the Recipient, even if such losses are predictable or if the Customs representative was notified about them, or could or should have known about them.
5.3. The Parties are exempted from liability for partial or full failure to fulfill obligations under this Agreement if it was a consequence of force majeure circumstances, and if these circumstances directly affected the performance of this Agreement.
6. Tariffs and payment for customs operations:
6.1. The cost of services is determined in accordance with the tariffs of the Customs representative on the invoice date, including the amount of customs and other payments paid by the Customs representative in the provision of services under this Agreement.
6.2. The services of the Customs representative must be paid by the Recipient.
6.3. The customs representative reserves the right at the expense of the Recipient to retain any goods of the latter until the receipt by the Customs representative of the full payment for the services rendered to the Recipient under this Agreement.
7. General provisions
7.1. In case of a change in the text of the Terms and / or Agreement, the Parties agree that the Terms and Conditions in force on the date of receipt of the consent specified in clause 2.2 will be applied.
Delivery and Shipments
In certain circumstances our delivery partner may leave your package outside or provide you with the following optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; and/or (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; and/or (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. If our delivery partner leaves your package outside, or if you decide to select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that OC shall bear no responsibility or liability for any loss or damage that may result from the delivery of your order in that way.
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, within 30 days after the date of the Despatch Confirmation, unless there are exceptional circumstances. Delivery is deemed complete upon receipt of the Products to the address you specified in your order. If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses. Products comprised within the same order cannot be delivered to different addresses. We would like to remind you that all Products purchased are intended for use in the country they were ordered from. If, however, you decide to take the items to another country, you will be responsible for adhering to both the exportation legislation of the order country and the importation legislation of the destination country. We shall not be held liable.
Shipments are made by our trusted courier and take place from Monday to Saturday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours between 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. If you order Products for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return a Product, the import duties will be refunded if they were originally included in the purchase price. If they were not included, then you will responsible for reclaiming duty directly from your local customs office.
All Products are available to ship unless it is a pre-order item. All pre-order Products have an estimated ship date, that indicates the date that the Product will be shipped out from our warehouse, but these Products may arrive sooner or later than specified. Credit cards are charged at the time of the pre-order, subject to our usual fraud checks. Estimated shipping date is published online. OC is not liable for delays, cancellations or changes to pre-ordered items made during production. If a pre-ordered item will not be shipped out by the estimated shipping date, the customer will be notified and, at the customer’s election, either refunded in full or provided with an updated estimated shipping date. If an order includes both available and pre-ordered items, at least two separate deliveries will be most likely made to the customer.
Price and Payment
Prices may change without notice. While we try to ensure that all prices on our Website are accurate, errors may occur. Changes will not affect orders in respect of which we have already sent you a Despatch Confirmation. The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection. Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket and have selected your chosen different delivery method.
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Products ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Products stated. Discount codes cannot be redeemed for cash.
Returns and Refunds
Please refer to our Return Policy which forms an integral part of these Terms and Conditions.
All content included on the Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the "Content"), is the property of OC and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of OC as the case may be. OC shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. OC shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by OC shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
Licensee and Site Access
The viewing, printing or downloading of any Content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You will be solely responsible for all damages and other harm resulting from your use of the Site and the Content. OC shall not be deemed liable for any use of the Site and the Content made by you in violation of any applicable laws and regulations and these Terms and Conditions.
The Site may, from time to time, include links to external sites “Third Party Websites”, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of Third Party Websites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY THE PROVIDER, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE THE PROVIDER AND/OR OC LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us shall be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
All matters arising out of or relating to these Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement shall be governed by law of England and Wales. The Courts of England and Wales shall have the exclusive jurisdiction to settle all legal proceedings arising out of or in connection with these Terms and Conditions.
Disclaimers and Limitations of Liability
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE www.openingceremony.com SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to [email protected] or write to us at:
OC Italy S.r.l. c/o NGGH S.p.a, Via Filippo Turati 12, 20121 Milan, Italy (IT)