Terms and Conditions of website use and sale and Return of Products (The Terms)
This Website is managed and operated by Ermenegildo Zegna Australia Pty Ltd ACN 094 537 229 of Westfield Sydney City, Shop 3002-4003, 77 Castlereagh St, Sydney NSW 2000 (we or us).
These Terms govern the access to, use of, and purchase of products from the Australian section of the Zegna group website https://www.zegna.com.au (the Website). Only customers situated in Australia may order products through the Website. We reserve the right to reject orders which are placed from countries outside of Australia. Further information on ordering products for delivery in other countries can be found on the Website or www.zegna.com.au
If you need any further information including warranty information you can contact Zegna Customer Care via e-mail at email@example.com
We may amend these Terms at any time and without notice to you. The current version of the Terms will be available on the Website and shall be binding on you from when they are published on the Website. We recommend that you check our Website regularly for the most recent Terms. This legal disclaimer is in no way limited or altered by any other terms or conditions on this Website.
1 Consumer and your account
We offer products for sale on our Website (the products) exclusively to you for your own use as a consumer and not for commercial resale or distribution. For the purpose of these Terms, a consumer is an individual acting outside his or her trade, business or profession. If you are not acting as a consumer, please do not buy products from the Website. We reserve the right to refuse product orders that do not originate from consumers.
1.2 No Commercial Use
The Website is for your personal, non-commercial use only. You may not use the Website or any of its Content to further any commercial purpose, including, but not limited to, any advertising or advertising revenue generation activity on your own website. For example, you may not use the social media sharing buttons to link to Facebook, Twitter, Pinterest or any third party site where this is done for a commercial purpose.
If you want to permanently delete your account, please contact Customer Care at firstname.lastname@example.org
(a) On our Website, we only offer products marked with trademarks owned or licensed by "Ermenegildo Zegna HOLDITALIA S.p.A." or its subsidiaries.
(b) We do not sell second-hand or flawed products, and only sell products of the highest quality. The main characteristics of products are shown on the Website. Images of the products offered for sale on the Website may not correspond exactly in colour and appearance to individual products sold.
(c) All products sold through the Website come with an identification tag covered with a disposable seal. When trying on the products you should neither remove nor alter the tag or seal if you wish to return the products under these Terms.
3.1 Order form
(a) If you wish to place an order for products (order), you must fill out the online order form and send it electronically to us. This order is an offer by you to purchase products, and by submitting the online order form you agree to these Terms and accept that they apply to the purchase of the products.
(b) The online order form contains information on the main characteristics of each product ordered as wells as the corresponding unit price (including all applicable fees and taxes) and the type of payment that you may use to place an order. The shipping or collection terms and the shipping costs will be set out in these Terms and can also be found on the Website. Payment for the order will not be taken unless or until we accept the order in accordance with these Terms.
(c) An order shall be deemed to have been submitted when we receive your order form electronically. You may access your order form by clicking on the ORDER HISTORY in the MY ACCOUNT area of our Website.
3.2 Order acknowledgement and assessment
(a) We shall send you an order acknowledgement upon receipt of the order. The order acknowledgement will contain a summary of your order, but shall not be considered a confirmation or acceptance of your order.
(b) If a product included in your order is no longer available at the time of our assessment of the order, we shall inform you of the unavailability of the ordered product within thirty (30) calendar days from the day after we receive your order.
(c) We reserve the right to refuse to process any order for any reason, including where we consider that you are insolvent, where the order is incomplete or incorrect, or when the products are no longer available. When this occurs, we shall inform you of this by an email that states we have not accepted your order and specifies our reasons for non-acceptance.
(d) We will not process payment for your order until we have sent you an email accepting your order under Section 3.3 .
3.3 Order acceptance
If we accept your order we shall inform you of this by email, and a contract will be formed between you and us under these Terms on the date on which we send you the order confirmation email.
4 Price and payment
(a) Prices are subject to change and will be as quoted on our Website at the time of the order, except in cases of obvious error. Please check the final sale price before submitting your order.
(b) Payment of the product prices and associated costs for shipping and delivery must be made through one of the procedures indicated on the order form.
(c) In case of payment by credit or debit card, all details (for example, card number or expiration date) will be encrypted and sent to third parties that provide remote electronic payment services. No other third party will have access to that information, and these details will not be used by us except to take payment for the products ordered, or to issue refunds in the case of returns that comply with your return right or as required by law. The product purchase price and the associated costs for shipping and delivery, as indicated in the order form, will be charged to you only after we have accepted the order under Section 3.3.
(d) When placing an order online, a $1 AUD pre-authorisation will be placed on your credit card. Pre-authorisation is a temporary hold of the fund not an actual charge. We pre-authorise $1 AUD against the credit card instead of charging the full payment immediately. This is to detect fraud, validate the card and prevent over-charges if a product becomes out of stock during the process. The transaction is only completed and full amount charged only after we have accepted the order under Section 3.3. The bank usually holds the pre-authorised fund on your card for 10 days (varies from bank to bank) and releases it automatically.
5 Delivery or collection
(a) If we have accepted your order under Section 3.3, and after we have prepared the products for delivery or collection, we will send you an email providing further details on delivery or collection.
(b) You may check the progress of your order through the ORDER HISTORY section in the MY ACCOUNT area.
(a) If you have chosen to have the products delivered, we will deliver the products in your order to the delivery address in Australia specified by your order. All products in your order will be shipped via courier and will require a signature by you, or an adult authorised by you, upon receipt of the products. Please note that we will not deliver products to PO boxes.
(b) You may track the delivery progress of the products in your order using the courier’s tracking details, which we will provide to you.
(c) If the courier is unable to deliver the products (after two attempted deliveries on consecutive working days, each time leaving a delivery notification and trying to contact you on the phone number provided on the online order form) the courier will return the products to us. When this occurs, we will notify you, and this shall be treated as a free return of your order under Section 6(b). We shall provide you with a refund for these products in accordance with the Terms, excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses.
(a) If you have chosen to collect the products yourself, you may collect the products in your order from one of our stores located in Australia (as specified in your order and confirmed in our order confirmation email) during the store's normal opening hours. If you are collecting the products in person, you will need to show the store a copy of your order confirmation email and a valid identification document (i.e., your unexpired passport or driver’s licence). If you have authorised another person to collect the products on your behalf, this authorised person will need to show the store a copy of your order confirmation email, a copy of your valid identification document (i.e., your unexpired passport or driver’s licence), the authorised person's valid identification document and a letter of authorisation from you stating that you authorise that person to collect the products on your behalf.
(b) We will hold the products in your order at the store specified in your order for twenty (20) calendar days following delivery to the store. If the products are not collected within these twenty (20) calendar days, the store will return the products to us and we will notify you of the return. When this occurs, this shall be treated as a free return of your order under Section 6(b) and we shall provide you with a refund for these products.
(c) Please note that a store is not able to deliver or arrange delivery of the products in your order if you are unable to collect these products.
6 Cancellation of online orders
(a) You may cancel your order at any time before our acceptance of the order under Section 3.3.
(b) You may cancel your contract with us for products purchased from the Website, without any penalty and without specifying the reason, by notifying us in writing within twenty (20) calendar days beginning the day after you receive the products. In this case you should follow the process for returning products set out in Section 7 below.
7 Returns — general information
(a) Please refer to:
(i) Section 8 for information about returning products by post following your cancellation of a contract with us;
(ii) Section 9 for information about returning products to a Zegna store following your cancellation of a contract with us; and
(iii) Section 10 for returning products that do not match the product description, are damaged, or are otherwise defective.
(a) You acknowledge that the value date for the credit shall be the same as the value date of the original debit and that you shall consequently not suffer interest losses as a result of the refund.
(b) We will usually refund any money received from you using the same method you originally used to pay for the purchase, unless you have expressly agreed otherwise.
(c) We will refund the price of the products in accordance with the applicable time frame as specified in Section 8, 9 and 10.
(d) To the extent permitted by applicable law, including the Australian Consumer Law, we shall not be responsible for any delay beyond our control, including, but not limited to, delays by third parties such as credit- or debit-card companies involved in the purchase of products or refunds following a return of products.
(e) If the recipient of the products indicated in the order is different from the individual who made the payment for such products, we shall refund the amount paid for returned items to the individual who made the payment.
(f) You may check the progress of the refund on your order through the ORDER HISTORY section in the MY ACCOUNT area of the Website.
8 Returns by post
(a) To return a product by post other than a product that (a) does not match the product description, (b) is damaged or (c) contains a defect, you should notify us in writing by contacting us through the Customer Care section of the Website, and you should ship the returned products within twenty (20) calendar days (beginning on the day after you receive the products or, for purchases of multiple products, the day after which you received the last product). You should keep a record of this cancellation notice.
(b) Please note the following in respect of returns:
(i) the products should not have been used, worn, washed or damaged;
(ii) the identification tag with disposable seal should still be attached to the products; and
(iii) the products should be returned in their original packaging.
(c) You can return the products to us either by:
(i) Using our approved courier and either the prepaid personalised return label enclosed in your original delivery, or the personalized return label attachment we sent with your order acknowledgement email; or
(ii) Packaging the relevant products securely and sending them, at your own risk, to us using the return number we provided. For your protection, we recommend that you use a courier service if you choose to return the products other than via the pre-paid mechanism and approved courier described in Section 8,(b)(i).
(d) If you return the products to us by the method described in Section 8(b)(ii), you should notify us of the return postage costs (with evidence), and we shall refund these to you when we refund the purchase price of the products.
(e) If you return the products within twenty (20) calendar days under this Section 8, we will check the returned products and, provided that the returned products meet the requirements of these Terms, we will accept them within two (2) working days and provide you with an email confirming both acceptance of the returned products and the refund due to you.
(f) Subject to Section 8(a), we will process the refund as soon as possible and, in any event, within: (a) where we collect the products from you through our approved courier, twenty (20) calendar days after the day on which you gave notice of your cancellation; or (b) where you return the products yourself, two (2) calendar days after the day on which we receive the returned products. We will refund the price of the product in full, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses).
(g) You may be liable for, and we may deduct from any refund due to you, any diminution in the value of the returned products caused by your handling of them, save to the extent necessary to ascertain their characteristics, function or nature. You will not incur any reduction in your refund except for the reason stated herein.
(h) The right to return products set out in this Section 8 does not apply to: (a) sealed products unsealed by you following delivery, where return of such products is unsuitable for health or hygiene reasons (for example, underwear and swimwear); (b) products that are personalized or made to your specifications; or (c) products that have become inseparably mixed with other items after delivery.
9 Returns — in-store
(a) To return a product to an Zegna store, other than a product that (a) does not match the product description, (b) is damaged or (c) contains a defect, you should bring the products to a store together with the delivery note and return label within twenty (20) calendar days (beginning on the day after you received the products or, for purchases of multiple products, the day after which you received the last product). You may use either the pre-paid return label enclosed with your original order delivery, or print out and use the return label attachment found in your order acknowledgement email.
Please note the following regarding returns:
- the products should not have been used, worn, washed or damaged;
- the identification tag should still be attached to the products with the disposable seal intact; and
- the products should be returned in their original packaging.
(b) If you return the products within twenty (20) calendar days under this Section 9, we will check the returned products and, provided that the returned products meet the requirements of these Terms, we will accept the returned products within two (2) calendar days and provide you with an email confirming acceptance of the returned products and the refund due to you.
(c) Subject to Section 9(a), we will process the refund due to you as soon as possible.Please note that various payment providers have different processing times for refunds and it may take a number of working days for refunds to be processed. We will refund the price of the product in full, including any standard delivery costs paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses).
(d) You may be liable for, and we may deduct from any refund due to you, any diminution in the value of the returned products caused by your handling of them, save to the extent necessary to ascertain their characteristics, functions or nature. You will not incur any reduction in your refund except for the reason stated herein.
(e) The right to return products set out in this Section 9 does not apply to: (a) sealed products unsealed by you following delivery, where return of such products is unsuitable for health or hygiene reasons (for example, underwear and swimwear); (b) products which are personalized or made to your specifications; or (c) products which have become inseparably mixed with other items after delivery.
10 Returns – damaged, defective or incorrect products
(a) If you wish to return a product because it is (a) different from the product description, (b) damaged or (c) defective, you should notify us in writing by contacting us through the Customer Care section of our Website and either return the products through the post or to a Zegna store within twenty (20) calendar days after it is reasonable to have expected you to identify that the product is different, damaged or defective.
(b) To avoid doubt, we consider it reasonable that you identify on the day when you receive the product whether the product matches the product description, or is damaged or defective. You must return such products unworn and with the original tags and disposable seals. If you notice a defect or fault in a product after twenty (20) calendar days following receipt of the product, please contact us through the Customer Care section of our Website to obtain further information concerning returns.
(c) We will examine all returned products to ensure that they either do not match the product description, or are damaged or defective, and will notify you of any refund due to you via e-mail within a reasonable period of time.
(d) We will usually provide any refund due to you as quickly as possible. Please note that the various payment providers process refunds over different times, often a number of working days. Subject to our acceptance of the returned products, you will be refunded in full, including the cost of initial delivery to you and the cost incurred by you in returning the item to us.
(e) In the event that we find no fault with the returned products, or if you return the products outside the time periods specified in Section 10(a) above, 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 we reserve the right to retain the products and the purchase price paid and recover our fees and expenses from you.
11 Accuracy, completeness and timeliness of information
(a) The information on the Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Website.
(b) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for use from the Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
(c) We may, from time to time, and without notice, change or add to the Website or the information or products described on it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else for inaccurate or outdated information on the Website.
12 Promotions and Competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In the case of any inconsistency between such terms and conditions and these Terms, the terms and conditions of that campaign, promotion or contest shall prevail.
13 Intellectual Property Rights
(a) All intellectual property rights (including copyright, patents, trademarks and design rights) in the information and material (including all text, graphics, logos, audio, photographs, image rights, designs—including designs of products and layouts—on this Website (together, the Content), are the property of us or our licensees.
(b) Your use of the Website does not transfer any intellectual property rights relating to the Content on the Website, including our software and all HTML and other codes contained in the Website.
(c) You may use the Content only as we expressly permit, and we have the exclusive right to permit any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of the Content, in whole or in part.
(d) Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of the Content that has been expressly authorised in writing by us shall be carried out by you for lawful purposes only and in compliance with all applicable laws. We shall have the right, at any time, to claim authorship of any Content posted on this Website and to object to any use, distortion or other modification of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying Content to any other server, location or support for purposes of publication, reproduction or distribution is expressly prohibited.
14 Links to other websites
Our Website may contain links to websites of third parties. Those links are provided for convenience only and we do not necessarily update them. Unless expressly stated otherwise, we are not responsible for any content on those linked websites, and have no control over, or rights in, those linked websites. We shall not be held liable for the contents of such websites and/or the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those websites.
15 Links to store ZEGNA.COM
(a) Should you wish to link to the Website, please contact us via e-mail at: email@example.com to express your interest. We grant links to the Website free of charge and on a non-exclusive basis. We are entitled to object to certain links in the event that the applicant who intends to activate links to the Website:
(i) has in the past adopted unfair commercial or business practices that are not generally adopted or accepted by the industry;
(ii) has engaged in unfair competition with us or our suppliers; or
(iii) has given us any reason to fear that such practices or such activities in (i) or (ii) might be adopted by the applicant in the future.
(b) In any event, we do not consent to you posting deep links (including, but not limited to, deep frames) to the Website or using unauthorized meta tags without our express consent.
16 Unacceptable Activity
(a) You may not act in any way that we would deem inappropriate or unlawful, including, but not limited to:
(i) any act that would constitute a breach of either the privacy (including uploading private information without an individual's consent) or any other legal right of an individual;
(ii) using the Website to defame or libel us, our employees or other individuals;
(iii) uploading files that contain viruses that may damage our property or the property of others;
(iv) posting or transmitting to the Website any unauthorised material including, but not limited to, material that is in our opinion likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise detrimental to our or a third party's systems or network security.
(b) If we allow you to post any information to the Website, this will become the property of Zegna and we will have the right to take down this information at our sole discretion.
17 Warranties and Disclaimers
(a) Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
(b) The Website is provided to you on an 'as-is' and 'as-available' basis. To the extent permitted by law, including the Australian Consumer Law, we give no warranty of any kind, including warranties or representations that material on the Website will be complete, accurate, reliable, timely, or non-infringing to third parties; that access to the Website will be uninterrupted, error-free or free from viruses; or that the Website will be secure. Any representations or warranties thereto are accordingly expressly disclaimed.
(c) We reserve the right to restrict, suspend or terminate your access to the Website or any feature of the Website without notice, at any time.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered because of, or pursuant to, your use of the Website and/or the information or materials contained on it; or as a result of the inaccessibility of the Website and/or certain information or materials contained on it being incorrect, incomplete or outdated.
19 Jurisdiction and governing Law
The laws in force in New South Wales, Australia, govern these Terms and your use of the Website, and you submit to the non-exclusive jurisdiction of the courts there.