1. Acceptance of the general sales conditions and conclusion of the agreement
1.1 Zegna offers products for sale through the Site (hereinafter the "Products" or individually the "Product") to final consumers, i.e. to persons who acquire the Products for personal purposes without any trade, business or professional purposes (hereinafter the "Customer"). As a consequence of the foregoing, Zegna reserves the right not to accept or execute purchase orders made by persons that are not Customers pursuant to the definition referred above or, in general, purchase orders which do not comply with these General Sales Conditions (hereinafter the "Conditions").
1.2 The agreement entered into by and between Zegna and the Customer will be deemed as concluded upon acceptance by Zegna, whether partially or totally, of the purchase order. If purchase order is not accepted, Zegna will communicate it immediately to the Customer through the Site or through the e-mail provided by the Customer. The foregoing will be without prejudice of the provisions of articles 5 and 6 of these Conditions.
1.3 For the issuance itself of a purchase order in any of the modalities provided in the Site (hereinafter the "Order"), Customer represents to be aware of and to agree with all the indications provided to the latter during the purchase procedures as well as to accept all the General Conditions for the Use of the Site and the Privacy Policy.
1.4 These Conditions may be printed or saved in an enduring support by the Customer
2. Shopping modalities
2.1 The Products offered by Zegna are only those displayed in the Site at the time the Customer makes the corresponding Order, as described in the respective data sheets of the same.
2.2 It is understood that the purpose of the images included in the data sheet of a Product is informative and that they might not thoroughly represent its characteristics or contain differences with respect to the Product, for example, in relation to its color and size (even because of the browser and the screen used to access the Site and to display the images).
2.3 To make an Order, Customer must fill each part of the form included in the Site and send it, following the instructions included in the Site, after carefully reviewing these Conditions, as well as the characteristics of the Product or Products to be purchased , the price (which includes all the applicable fees and taxes) and the shipping costs (without considering any additional costs which may be applicable for choosing a type of shipping and delivery different and/or faster than the standard one).
Pursuant to provision of article 12 of the Federal Consumer Protection Law, and without prejudice of the applicable tax provisions, Zegna shall deliver to the Customer an invoice, receipt or document evidencing the specific data of the purchase performed.
2.4 The duly receipt of the Order will be confirmed by Zegna to the e-mail address provided by the Customer. Said confirmation message will include a summary of the terms of the purchase pursuant to the applicable regulations, as well as the data included in the Order by the Customer for the latter to be able to verify them and, as the case may be, to timely communicate the corresponding amendments to any wrong information.
3. Prices and terms of payment
The prices shown in the Site include the fees and the Value Added Tax (VAT). Eventual shipping costs and, as the case may be, any additional costs, will be communicated immediately and previously to the Customer through the Site or through the e-mail provided by the latter.
Purchases may be performed only with credit card and the transaction will be carried through a secure server chosen by Zegna. Pursuant to the provision of article 15 of the Federal Consumer Protection Law, when making an Order, Customer expressly agrees that the charge to the credit card will be made before the delivery of the purchased Product or Products.
In no case and never during the payment procedures, Zegna will be able to know the information related to the credit card of the Customer since such information will be transmitted through a protected connection directly to the site of the credit institution handling the transaction. No electronic file of Zegna will save such data and, therefore, in no case Zegna may be held responsible of any fraudulent or inadequate use of credit cards by third parties at the time of payment.
4. Delivery of the Products and related costs
4.1 Purchased Products will be delivered by Zegna or by any of its logistic services suppliers to the domicile indicated by the Customer in the Order, pursuant to the delivery terms referred on it, at the cost indicated in the Site prior to the shipping of the Order, pursuant to the provisions of section 3.1. above.
4.2 Instead of the shipment, Customer may decide to collect directly the Products at the Zegna's Boutiques that form part of the project of direct delivery at the point of sale and are listed in the Site. In such cases, the arrival of the Products at the chosen point of sale will be communicated to the Customer through e-mail and the latter must collect the Products within a term of 20 working days following the date on which the aforementioned communication was sent, delivering a copy of the e-mail confirming the shipping, copy of the Order confirmation and an official ID with photography. If Customer does not collect the Products within the term referred above, the purchase agreement will be considered as automatically terminated without any liability whatsoever for Zegna and the latter will proceed to immediately reimburse the price of the Products paid by the Customer.
Customer acknowledges that only in the cases of door-step sales, i.e., those sales where delivery of the Product(s) is not performed at a Zegna Boutique, Zegna shall: (i) ensure that the delivery of the Products has been performed at the domicile indicated by the Customer; (ii) allow the Customer to file claims and return requests through the Site or through an e-mail to the following address click here ; (iii) pay the transportation costs in case of return or repairing requests, if the corresponding purchase was covered by any warranty (when carrier is chosen and commissioned directly by the Customer, the shipping costs will be borne the latter); and (iv) inform previously the Customer about the price, the approximate delivery date and, as the case may be, the insurance costs. Moreover, only in case of door-step sales, the agreement will be deemed as concluded twenty working days after the Product has been delivered and, during that term, Customer will be entitled to revoke his/her consent without any liability. The foregoing is established in order to comply with the provisions of articles 53 and 56 of the Federal Consumer Protection Law.
4.3 Delivery terms indicated by Zegna will be considered as indicative and any delay in the delivery will not enable Customer to refuse the delivery of the Products or to claim the payment of any kind of compensation or indemnification.
4.4 Upon delivery of the Products, Customer must sign a delivery note, after verifying the following:
4.4.1 that the number of pieces or packages delivered corresponds to that indicated in the shipping documents.
4.4.2 that the packaging is in complete conditions, not damaged, wet or, in general, altered, even with respect to the material used for its closure (adhesive or metal tape).
4.5 Any damage to the packing or Product or the mismatch in the number of pieces must be determined immediately by taking note of such situation in the delivery document of the Product to be delivered to the carrier.
5. Return right
5.1 Only in case of door-step sales, i.e., those sales where the delivery of the Products is not performed at a Zegna Boutique, Customer will be entitled to return the Products for any reason, without further explanation and without any penalty, no later than 20 (twenty) days following the delivery of the Products.
5.2 In order to exercise the right of return referred to in article 5.1. above, Customer must use the form included in the box containing the Product to be returned (hereinafter the "Return Form").
5.3 In case of return, Customer must return the Products to Zegna no later than 20 (twenty) calendar days from the date the return right was exercised, pursuant to the following modalities, at the Customer´s choice:
5.3.1 through shipping the Product or Products to the domicile indicated in the Return Form (in such case the shipping costs will be paid by Zegna and therefore there will be no cost for the Customer).
5.3.2 through shipping the Product or Products to the domicile indicated in the Return Form through a carrier chosen and commissioned by the Customer (in such case the shipping costs will be paid by the Customer); or
5.3.3 through delivering the Product or Products to be returned at the domicile referred in the Return Form (the Customer shall deliver the Product or Products to be returned along with the Return Form and showing an official ID document).
5.4 Products must be returned complete in all their parts and in their original packaging (bags and boxes) preserved and, as the case may be, handled only for the time strictly necessary to establish and verify their nature, characteristics and size, using ordinary care, without signs of wear or dirt and pursuant to the following:
the return right may only be exercised regarding the full Product; it will not be possible to exercise the return right only regarding a part of the purchased Product (i.e.: accessories, etc.).
in order for the return to proceed, the Product must be complete and in its original box, complete with all its parts (including packaging and any documents and accessories; labels, cards, tags, seals, etc.)
the transportation, until confirmation of receipt at the point of sale indicated by Zegna, will be the full responsibility of the Customer in case the return is made pursuant to the provisions of sections 5.3.2 and 5.3.3 above. In view of the foregoing, in case of damage to the Product during its transportation, Zegna will notify it to the Customer in order to allow him/her to file the corresponding legal actions against the carrier and to obtain the corresponding refund. In such case, the Product or Products will be put again at the Customer's disposal (at his/her cost) and the return will not proceed.
Zegna will not be responsibe for any damage, theft or loss occurred during or in connection with the shipment for return of the Products when the same has been performed pursuant to the provisions of sections 5.3.2 or 5.3.3 above.
5.5 Zegna will reimburse to the Customer the total amount paid, including the standard shipping cost of the purchased Products within 14 (fourteen) working days following the exercise of the right provided by section 5.1. of these Conditions, through a specific procedure for the reimbursement of the amount paid, with the same payment method used by the Customer for the transaction, unless a different agreement is reached in writing. For the aforementioned reimbursement, Customer will not be charged any additional amount. Zegna will be able to suspend the corresponding reimbursement insofar it has not received the returned Product. The aforementioned will be without prejudice of the right of Zegna referred in section 5.7 below.
Additional costs arising from shipping or delivery methods different and/or faster than the standard ones, will not be reimbursable.
5.6 After the return of the Products, Zegna will perform the corresponding investigations regarding the conformity of the Products with the terms and conditions referred to in this article and if the outcome of the investigation is not positive, Zegna will communicate to the Customer through e-mail the reduction of the price of the returned Products arising from its/their lack of correspondence with the indicated conditions and the Customer will be entitled to reacquire the Product at the new price notified by Zegna. The foregoing will be consequence of the application of the provisions of article 82 of the Federal Consumer Protection Law.
5.7 Notwithstanding the foregoing, if the return is not based on a defect of the Product, Zegna reserves the right to charge to the Customer the transportation and insurance costs related to the return of the corresponding Product. The foregoing will be in application of the provisions of article 56 of the Federal Consumer Protection Law.
6. Warranty
If the Product received by the Customer does not correspond to the quality, trademark or specifications and other substantial elements under which Zegna offered it, or if the Product does not comply with Official Mexican Norms (Normas Oficiales Mexicanas), Customer will be entitled to request the replacement of the Product or the reimbursement of the amount paid for it. In case the Customer requests the replacement of the Product, Zegna will not be bound to reimburse the price paid by the Customer and it will only be liable for the costs arising from the return of the original Product and the shipping of the substitute Product.
Customer will only by entitled to a gratification from Zegna in case the Product did not comply with the aforementioned conditions for causes directly attributable to Zegna. In such case, the bonus will not be lower than 20% (twenty percent) of the amount paid by the Customer for the Product, The foregoing will be in application of articles 92, 92 Bis and 92 Ter of the Federal Consumer Protection Law.
The right referred to in this article may be exercised by the Customer within the 2 (two) months following the delivery of the Product, provided that it has not been altered by the Customer. Zegna shall revise the request of the Customer in a term no longer than 15 (fifteen) days following the reception of the same. Zegna will be entitled to refuse to revise the aforementioned request if it was not filed in the term referred above or when the Product has been usedin a way different han that recommended or requested or not pursuant to the nature or type of Product or if the same suffered a damage material, irreparable and severe for reasons attributable to the Customer. The foregoing will be in application of article 93 of the Federal Consumer Protection Law.
In such case, the Product must be returned by the Customer in its original box, with all its parts (including packaging, documents and accessories).
7. Claims and request of information
7.1. Any complaint or information request may be sent to Zegna to the following domiciles: : Boulevard Manuel Ávila Camacho número 40, Colonia Lomas de Chapultepec, Alcaldía Miguel Hidalgo, C.P. 11000, Ciudad de Mexico (DF). ( click here ).
8. Privacy
In addition to the provisions of the Privacy Notice, only with respect to the data related to sales, Ermenegildo Zegna, S.A. de C.V. and the company EZ Service srl., Via Roma 99/100, 13835 TRIVERO (BI), ITALY (hereinafter "Zegna Italia") will act jointly as "Co-Owners".
Co-owners receive directly from the Customers personal data arising from the registration procedures, the sending of Orders, the conclusion of electronic commerce and exchange transactions with the Customers for the activities that are functional and instrumental to the sale, as well as from all the required pre-sales and post-sales assistance services. Further specific purposes may be better detailed through specific informative notes published on the Site, on a case by case basis.
Personal data obtained through the Site in relation to the activities inherent and instrumental to the sale of the Products and all other related activities are treated with modalities and instruments mainly informatics and telematic, adopting safety measures so as to minimize the risks of destruction or loss of the data, even accidental, unauthorized access or treatment not permitted or not according to the collection purposes set forth herein.
Providing personal data, especially general data, e-mail address, phone number as well as bank information in case of payment though credit card, is necessary for the conclusion of the sale and purchase agreement of the Products through the Site.
Some of the mentioned data might be indispensable in order to provide other services offered in the Site and related to the sale or in order to fulfill with legal provisions or regulations.
Eventual refusal to provide certain personal information required for such purposes might imply the impossibility to comply with the sale and purchase agreement of the Products through the Site or to provide the services offered therein, for example, Customer support services (Customer Care), the use of the Wish List or even to duly comply with legal provisions or regulations. Failure to provide certain data may represent, as the case may be, legitimate and justified grounds not to comply with the sale and purchase agreement of Products through the Site or not to provide the services offered therein. The providing of further information, different than that to be provided mandatorily in order to fulfill with the sale and purchase agreement of Products through the Site or to provide the services included therein, is optional and does not imply any consequence in relation to the purchase of the Products or the services strictly connected or associated therewith.
Depending on each case, when it is required, it will be indicated when the provision of personal data is mandatory or optional by including the symbol (*) for the mandatory data or the data required to provide the services included in the Site and for the purchase of Products through the Site. Failure to provide optional personal data will not imply any obligation or disadvantage.
Personal data may be provided to third entities which develop, on behalf of the Co-owners, specific services, as Responsible of the treatment (for example logistic services or IT services), to entities of the same group and can be communicated to other recipients of the data collected by the Co-owners, which names will be specified in each case and which treat the data autonomously only in order to comply with the purchase agreements of the Products through the Site (for example the credit institution for the provision of the service of electronic payment through credit/debit card) and only when said purpose is not incompatible with the purposes for which the personal data has been collected and treated and, in any event, in compliance with the law.
Customer will also be entitled to exercise the ARCO rights (access, cancellation, rectification and opposition to the treatment of his/her personal data) or to revoke his/her consent that he/she granted to Zegna for its treatment, by sending a specific request directly to the e-mail click here or personally at the domicile of the owner or at the domicile located at Boulevard Manuel Ávila Camacho número 40, Colonia Lomas de Chapultepec, Alcaldía Miguel Hidalgo, C.P. 11000, Ciudad de Mexico (DF). For further information, please review the Privacy Policy and the procedures referred therein.
9. Language
These Conditions have been drafted in Spanish and English. In case of any conflict, the Spanish version will prevail.
10. Applicable law
The sale and purchase agreement subject to these Conditions will be ruled by the provisions of the Commercial Code. Both parties agree to submit to the jurisdiction and competence of the federal courts sitting in Mexico City. The foregoing will be in application of the provisions of articles 1049, 1050, 1054 and 1093 of the Commercial Code.
