TERMS OF SALE – ORDERS DELIVERED TO US (Updated on June, 2021)

These legal terms and conditions ("Terms of Sale"), as amended from time to time, apply to you and your purchase of any products from Loro Piana through the online store website located at www.loropiana.com (the "Site") that are shipped to any state within the United States of America, including Alaska and Hawaii ("United States" or U.S."). In these Terms of Sale “Loro Piana”, “we” “us”, or “our” means Loro Piana & C. Inc., with registered offices in 711 Fifth Avenue 11th Floor, Ney York, NY 10022, and “you” or “your” means you, our valued customer.

Please read these Terms of Sale carefully before placing an order through the Site. These Terms of Sale are intended to supplement the Site's (i) Terms of Use (which can be viewed here https://us.loropiana.com/en/legal) which governs your use of the Site, and (ii) Privacy Policy (which can be viewed here https://us.loropiana.com/en/privacy-cookies), which describes how we use and process the information that we obtain in connection with your use of the Site and purchase of products through the Site.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LORO PIANA. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

By placing an order for products through the Site, you confirm that you have read the Terms of Sale in effect at the time of your order, and you agree to be bound by and accept the Terms of Sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these Terms of Sale.

After you place an order and it is accepted by us, we will send you an e-mail confirmation confirming shipment of all or part of the ordered products ("Order Confirmation"). These Terms of Sale along with your Order Confirmation constitute the contract between us and you for the sale of such products. No other terms and conditions shall apply. The contract cannot be modified by you unless we agree to vary it in writing or by email.

Loro Piana reserves the right, at any time and in its sole discretion, to change, modify, revise, add or remove portions of these Terms of Sale, without prior notice to you, by posting a link to the updated or revised Terms of Sale; provided, however, that no such changes to the Terms of Sale will apply to any order for which you have already received an Order Confirmation. If you do not agree to changes to these Terms of Sale, you must not place an order for products through the Site.

A copy of these Terms of Sale can be stored electronically or printed by all users of our Site.

 

DISCLAIMERS; LIMITATION OF LIABILITY

LORO PIANA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED FOR SALE ON THIS SITE. LORO PIANA DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY PURCHASE IS “AS IS” AND AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR RETURN AND EXCHANGE POLICY SET FORTH BELOW.

LORO PIANA WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, LORO PIANA'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF LORO PIANA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

 

ORDER AND ACCEPTANCE

To place an order, you must be at least 18 years of age and by placing an order, you represent that you are at least 18 years of age. To place an order, you will have to select the products on the Site you wish to purchase, select their color and size, and add the items to your shopping bag. If you wish to proceed with the purchase, click on “PROCEED TO CHECKOUT” button.

If you wish to proceed with the purchase, click on “PROCEED TO CHECKOUT” button.

You may proceed through the registration or the login into your personal account (in this case, you are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You agree to accept responsibility for all purchases and activities that occur under your account) or you may proceed without any registration.

Once you have selected your payment method you will be redirected to the payment page where in order to finalize the checkout you will click on the “SUBMIT ODER AND PAY” button.

After we have received the order that you have placed through the Site or by telephone, you will receive an e-mail from us confirming that your order has been received by us and is being processed ("Order Processing Receipt"). If you do not receive an Order Processing Receipt within 48 hours of placing the order, contact us at (212) 652-1650 or toll free at (855) 481-9100 or by e-mail at customerservice.us@loropiana.com before you try to place another order for the same products.

Please note that the Order Processing Receipt reflects the processing of your order and it does not necessarily constitute acceptance of your order. Orders are subject to acceptance by us and we may, at any time and at our sole discretion, refuse to accept your order, including but not limited to cases where:

1. you provided us with incorrect or false information, including without limitation, insufficient or incorrect payment or billing information, or insufficient or incorrect shipping address (in this regard, please note we do not ship products to P.O. boxes);
2. there is an error on the Site relating to the products that you have ordered, for example an error relating to the price or description of the products as displayed on our Site;
3. the products that you have ordered are no longer available through our Site;
4. the amount of the proposed transaction is excessively high, based on our case-by-case evaluation, and subject to our discretion; or
5. we believe that you are under the age of 18.

If we do not accept your order, we will contact you at the e-mail address or telephone number that you provided to us within thirty (30) days from the date of your order. If you place an order by telephone you must register with the Site during the call and provide us with an e-mail address.

If we accept your order your credit card will be charged at the time we ship the products you ordered, at which time we will send you an Order Confirmation and an electronic invoice ("e-invoice") for your order. You hereby acknowledge and agree that we reserve the right to accept your order in whole or in part; therefore, in the event of partial acceptance, your card will be charged and the products will be shipped for the part of the order that was accepted.

If you have any questions, comments or concerns regarding your order, or if you think that your order was rejected by us in error, please contact us using the contact information provided under the section titled “CUSTOMER SERVICE” below.

 

PRODUCT AVAILABILITY

The images of the products on the Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the products, and the products you receive may vary from those images.

While we use reasonable efforts to maintain accurate pricing, availability, and other information about products displayed on the Site, such information does not warrant or guarantee that the products will be available if you wish to place an order to purchase them.

We have the right, at any time, to make changes to the information about products displayed on the Site, including without limitation information about prices, description or the availability of products and we may do so without prior notice to you. Changes will not, however, impact the price, availability or description of any products for which you received an Order Confirmation.

 

GIFTS

You may purchase products for delivery to a recipient other than yourself (a "Gift").

Please note that it is your responsibility to provide the recipient’s personal data in compliance with all applicable privacy laws.

If we accept your order, you will receive an Order Confirmation from us at the time we ship your Gift to the recipient, and an e-invoice for your order.

 

PRICES AND PAYMENTS

All prices for products are displayed on the Site and will be confirmed in the order check-out page, in the Order Confirmation, and in the e-invoice you receive after we accept your order.

We reserve the right to vary the price of our products at any time, provided that we will not alter the price of any products after we send you the Order Confirmation. Please be aware that prices charged for any products purchased on the Site may vary to reflect local market pricing and applicable duties.

Any taxes and duties are not included and are calculated according to the value of your order and your shipping destination. If you placed your order from an Internet Protocol address originating in the United States, any such taxes and duties will be itemized on the order check-out page, the Order Confirmation, and the e-mailed invoice.

All shipping charges are your responsibility, unless waived by Loro Piana. Shipping charges will be calculated and displayed on the Site prior to finalizing your order. Shipping charges are subject to change without notice.

Loro Piana accepts payment by credit card, Paypal, e-wallet and Pay By Link, as listed on out check-out page. By submitting your order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your order (including taxes, shipping and handling) to that payment method. Payment must be made in the currency as indicated on your order before you submit it.

 

Payment by credit card.
All transactions on the Site are processed using a payment gateway. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified or is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.

You must supply your card details when you place your order. We will place a “hold” on your payment card for the total value of your order. If the “hold” on your card has been authorized by your bank, your credit card will be debited for the total value of the Order Confirmation at the time the products are shipped to you. We will not accept your order or ship the products to you until your credit card issuer has authorized the use of your card for payment of the products ordered. If we do not receive such authorization, we will notify you by e-mail. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. After a “hold” on your payment card has been authorized by your bank, please be advised that, in case your credit card is debited for a lower amount than the total amount “held”, it is possible that the balance will not immediately be fully available to you for reasons beyond our control (e.g., delays by your credit card issuer in removing the “hold” from your credit card).

Please note that Loro Piana is not responsible for any fees imposed by your credit card company, such as currency conversion fees.

If you intend to dispute the validity or amount of any charge that appears on your credit card statement with your credit card company, we encourage you to first contact our customer service department to determine if we can address any concerns that you may have.

We accept the following credit, charge and debit cards: Amex, Diners, Discover, MasterCard and Visa.

 

Payment by PayPal.
If you choose PayPal as your payment method, you will be redirected to the website www.paypal.com/us where the payment for the products will be carried out following the procedure outlined and regulated by PayPal. By choosing to pay using PayPal, you acknowledge and agree that you will be subject to PayPal’s terms and conditions. The data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with us, except for the data that are necessary to perform the delivery of the products if you select the option of PayPal express check out. We will therefore have no knowledge of and cannot record in any way the details of the credit card connected to your PayPal account or any other payment instrument connected to said account.

We will place a “hold” on your PayPal account for the total value of your order. If the “hold” on your PayPal account has been authorised by PayPal, your PayPal account will be debited for the total cost of your order, as indicated in the Order Confirmation, at the time the Products are shipped to you. We will not accept your order, neither will we supply the Products to you until PayPal has authorised the use of your PayPal account for payment of the Products you ordered. If we do not receive such authorisation we will notify you. We reserve the right to verify the identity of the PayPal account holder by requesting appropriate documentation.

After a “hold” on your PayPal account has been authorized by PayPal, please be advised that, if your PayPal account is debited for a lower amount than the total amount so “held” (eg: if certain products are out of stock), it is possible that the balance will not be immediately fully available to you for reasons beyond our control (eg: delays by PayPal in removing the “hold” from your PayPal account).

 

Payment by e-Wallet.
(i) Apple Pay
If you have installed the Apple Pay app and activated the Apple Pay option and you are navigating through Safari, you may choose such payment method.
If you choose Apple Pay as an option, a popup will be displayed and you will need to insert/confirm your contact information and shipping and billing address, as well as select the preferred card connected to your account. Once completed, you will need to click on the “continue” button and authenticate yourself through Face ID, passcode, or Fingerprint and confirm the payment, or otherwise follow the most recent payment protocol that has been instituted by Apple.
In the event of payment via Apple Pay, the total amount due will be debited by Apple Pay to you at the conclusion of the online contract. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to your Apple Pay account that you used for the original purchase. The time required to credit the payment instrument connected to said account depends exclusively on Apple Pay and the banking system. Once the credit order in favour of said account has been arranged by Loro Piana, Loro Piana is not responsible for any delays or omissions in crediting you with the refund. To contest these cases, you must contact Apple directly. By choosing to pay using Apple Pay, you acknowledge and agree that you will be subject to Apple’s terms and conditions.

(ii) Google Pay
If you have installed the Google Pay app and activated the Google Pay option, you may choose such payment method.
If you choose Google Pay as an option, a popup will be displayed and you will need to insert/confirm your contact information and shipping and billing address, as well as select the preferred card connected to your account.
Once completed, you will need to click on the “continue” button and authenticate yourself through fingerprint or passcode, if applicable, and confirm the payment, or otherwise follow the most recent payment protocol that has been instituted by Google.
In the event of payment via Google Pay, the total amount due will be debited by Google Pay to you at the conclusion of the online contract. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to your Google Pay account that you used for the original purchase. The time required to credit the payment instrument connected to said account depends exclusively on Google and the banking system. Once the credit order in favour of said account has been arranged by Loro Piana, Loro Piana is not responsible for any delays or omissions in crediting you with the refund. To contest these cases you must contact Google directly. By choosing to pay using Google Pay, you acknowledge and agree that you will be subject to Google’s terms and conditions.

(iii) Alipay
Should you choose Alipay as payment method, you will be redirected to the Alipay website where the payment will be carried out following the procedure envisaged and regulated by Alipay and the contract terms and conditions as agreed between you and Alipay. You will then be returned to the Site once the payment is completed. The data entered on the Alipay website will be handled directly by Alipay and will not be sent to or shared with Loro Piana. Loro Piana therefore has no knowledge of and cannot record in any way the details of the credit card connected to your Alipay account or any other payment instrument connected to said account. In the event of payment via Alipay, the total amount due will be debited by Alipay to you at the conclusion of the online contract. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to your Alipay account or to the same credit/debit card that you used for the original purchase. The time required to credit the payment instrument connected to said account depends exclusively on Alipay and the banking system. Once the credit order in favor of said account has been arranged, Loro Piana cannot be held responsible for any delays or omissions in crediting you with the refund. To contest these cases you must contact Alipay directly.

(iv) WeChat Pay
If you have installed the WeChat app and activated the WeChat Pay option, you may choose such payment method. If you choose WeChat Pay as an option, a QR code will be displayed and you will need to scan such QR code with the WeChat app and authorize the payment.
In the event of payment via WeChat Pay, the total amount due will be debited by WeChat Pay to you at the conclusion of the online contract. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to your WeChat Pay account that you used for the original purchase. The time required to credit the payment instrument connected to said account depends exclusively on WeChat and the banking system. Once the credit order in favor of said account has been arranged, Loro Piana cannot be held responsible for any delays or omissions in crediting you with the refund. To contest these cases you must contact WeChat directly.

Pay by Link
If you are a customer over the phone, you can choose this secure method of payment. This method allows you to not communicate the credit card information over the phone to the customer service team. Specifically, in order to conclude the transaction, you will receive from the customer service a “Paybylink” link through which insert the information about the method of payment chosen.

 

DELIVERY AND ORDER TRACKING

We will not deliver any products unless and until payment has been authorized and debited. When the products have been consigned to our carrier, we will send you the Order Confirmation.

Delivery will be made by courier during normal business hours. Please be advised that delivery charges may apply to your order and that our courier cannot deliver packages without receiving a signature.

Our third-party carrier will make any reasonable efforts to deliver the products within the number of days specified on your Order Confirmation. However, any delivery date or time specified by us is an estimate only, and we will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery. You can track the progress of your order by entering the tracking number directly into our carrier’s website.

Risk of loss to products shall pass to you upon delivery of such products. Title to products shall pass from Loro Piana to you upon the later of (i) the date of delivery of such products, or (ii) the date on which we receive payment in full for such products. As soon as the products have been delivered to the destination address, you will become responsible for them, and for any loss or damage to them thereafter. Upon delivery of the products, and before signing any document attesting delivery, you must carefully check the integrity of the package.

 

RESALE / RESHIPPING OF OUR MERCHANDISE

You must not misrepresent yourself as being one of our authorized resellers or as being qualified to resell our products. We reserve the right to refuse to accept your order, if we suspect that you intend to resell our products.

 

RETURN AND EXCHANGE POLICY

The following policy applies only to products shipped to any state within the U.S., including Alaska and Hawaii, that are purchased from the U.S. Loro Piana entity. These terms do not apply if such products were purchased (i) for shipment to any other jurisdiction, (ii) at a physical store location (including, without limitation, any Loro Piana store), or (iii) through other websites. We will not accept returns/exchanges of products purchased through such other means.

 

Please see the specific applicable conditions below:

• A. To Return or Exchange An Item Online Using Loro Piana’s Free Pick Up Service:
  
   
  1. Items Purchased By You:
     
     You may return for a refund or exchange any items purchased through the Site for any reason within 30 days after the items are received.
     
     Please note we only accept exchanges for changing the color or size of the same item already purchased. If you would like a different item, please return your purchase for a refund and place a new order.
     
     Returning or exchanging purchased products using our return service is free and can be done in 3 easy steps:
     
     a. Login to your Account (or click on the following link https://us.loropiana.com/en/FAQs?section=faq-returns if not registered). Under “Order History”, you can select the detail page for the relevant order and indicate the items which you would like to return/exchange as well as the reason for the return or the new color/size desired. You will receive a Return Authorization Number ("RAN"). Print the RAN directly from the site (alternatively, if you do not have access to a printer, handwrite the RAN on the line indicated in the delivery form that you received with the original shipment ("Delivery Receipt")).
     
     b. Place all items for return/exchange new, unaltered, unused, and in the same condition in which you received the item, with all of the tags and labels attached in their original boxes and packaging along with the RAN (printed or handwritten as per the above).
     
     c. Attach the ESHOP URGENT sticker and the pre-addressed FedEx air way bill that you received with the original shipment to the outside of the box. Call FedEx directly or visit their website to schedule a free pick up. Return shipments using FedEx will be provided to you free of charge.
     
     IF YOU HAVE REQUESTED A REFUND, WE WILL REFUND YOU THE PRICE PAID FOR THE PRODUCT AND APPLICABLE TAXES (EXCLUDING ANY TAXES THAT MAY HAVE BEEN ASSESSED ON SHIPPING AND HANDLING). HOWEVER, WE CANNOT REFUND YOU THE ORIGINAL SHIPPING FEES YOU PAID, ANY APPLICABLE HANDLING SURCHARGE YOU PAID, OR TAXES ASSOCIATED WITH SUCH CHARGES.
     
     IF, IN OUR SOLE DISCRETION, WE BELIEVE THAT THE NUMBER OF EXCHANGES YOU MAKE ARE EXCESSIVE, WE RESERVE THE RIGHT TO PROVIDE YOU WITH A REFUND AND TO REFUSE TO PROVIDE YOU WITH FURTHER EXCHANGES.
     
     
      
  2. Items Received As A Gift:
     
     You may return or exchange any items received as a Gift for any reason within 30 days after the items are received.
     
     Please note we only accept exchanges for changing the color or size of the same item already purchased.
     
     For a Gift return or exchange you should contact our customer service either by email at customerservice.us@loropiana.com or by phone at (212) 652-1650 or toll free at (855) 481-9100 to receive a RAN and then follow the steps A(1)(b)-(c) above.
     
     IF YOU RETURN AN ITEM, ONLY THE ORIGINAL PURCHASER WILL BE ENTITLED TO RECEIVE A REFUND. THIS REFUND WILL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT AND APPLICABLE TAXES (EXCLUDING ANY TAXES THAT MAY HAVE BEEN ASSESSED ON SHIPPING AND HANDLING). WE CANNOT REFUND THE ORIGINAL SHIPPING FEES, ANY APPLICABLE HANDLING SURCHARGE PAID BY THE ORIGINAL PURCHASER, OR TAXES ASSOCIATED WITH SUCH CHARGES.
     
     IF, IN OUR SOLE DISCRETION, WE BELIEVE THAT THE NUMBER OF EXCHANGES YOU MAKE IS EXCESSIVE, WE RESERVE THE RIGHT TO PROVIDE THE ORIGINAL PURCHASER WITH A REFUND AND TO REFUSE TO PROVIDE YOU WITH FURTHER EXCHANGES.
     
     Please note that when the products (whether purchased by You or received as a Gift) are returned to us, we will review them for quality control. If the products are sent back in their original, new, unaltered, and unused condition, and with all of the tags and labels attached, we will approve the return and, as the case may be, exchange the products or reimburse the total amount paid and applicable taxes minus original shipping and handling costs (including any taxes associated with such charges) to the card used for the original purchase. We will credit the refund to the card used to pay for the products within approximately thirty (30) days from the date that we receive the returned products, save for possible delays of technical nature not attributable to us (e.g., malfunctions of the credit card system).
     
     In cases where the products appear to be worn or used, are missing any of the labels or tags, do not comply with our Terms of Sale, or where we have any reason to believe that the products are fraudulent or were not purchased directly on our Site, we will not be able to accept the return/exchange and we may send the original products back to you.
     
     
      

• B. To Exchange An Item In Our Stores
  
  Products purchased on our Site, including products received as Gifts, (i) can be exchanged by the recipient at select Loro Piana stores that are listed as available for returns on our Site ("Loro Piana Stores"), or (ii) can be returned for a store credit, which is only valid in the Loro Piana Store where such store credit is issued. Both options are available up to 30 days after the products are received. PLEASE
  
  NOTE THAT LORO PIANA STORES CANNOT OFFER A REFUND FOR ITEMS PURCHASED THROUGH THE SITE. TO RECEIVE A REFUND, PLEASE USE THE PROCESS DESCRIBED IN SECTION A (ABOVE).
  
  Please note we only accept exchanges for changing the color or size of the same item already purchased.
  
  To find the Loro Piana Store nearest you that accepts returns or exchanges of products purchased online, please refer to the list on our Site under “Customer Service – Returns & Exchanges” section or in the documentation you received with your original order.
  
  Returning or exchanging purchased products in our store is free and can be done in 2 easy steps:
  
   

  1. Bring the products, in their original, new, unaltered, unused condition, and with all of the tags and labels attached, in their original packaging along with the Delivery Receipt and e-invoice that you received in the original shipment to a Loro Piana Store that accepts returns.
     
      
  2. A store representative will check the products to make sure that they are in acceptable condition, new, unaltered, unused, and with all of the tags and labels attached. If the products comply with the standards stated in these Terms of Sale, then:
     
     a. If you wish to exchange the products, you will receive the same product in a different color and/or size. Please note that exchanges are only valid for the exact same product in a different color or size, based on availability in the store; or
     
     b. If you wish to return the products, you will be issued a store credit for price paid for the product and applicable taxes (excluding any taxes that may have been assessed on shipping and handling). The store credit will be valid for one year from the date of issue (except where prohibited by applicable law) and must be used in the Loro Piana Store where it was issued.
     PLEASE NOTE THAT THE ORIGINAL SHIPPING FEES YOU PAID, APPLICABLE HANDLING SURCHARGE YOU PAID, OR TAXES ASSOCIATED WITH SUCH CHARGES, WILL NOT BE TAKEN INTO CONSIDERATION FOR THE CALCULATION OF THE VALUE OF THE STORE CREDIT.
     
      

  In cases where the products appear to be worn or used, are missing any of the labels or tags, do not comply with our Terms of Sale, or where we have any reason to believe that the products are fraudulent or were not purchased directly on our Site, we will not be able to accept the return/exchange.
  
   

 

CUSTOMER SERVICE

We offer customer assistance for any questions related to the use of the Site, the placement of an order, the tracking of products, the availability of products, the login/registration process and any further information you may need in connection with the use of our Site and/or our products. Our customer service is available in English Monday through Friday between the hours of 9:00 AM to 6:00 PM Eastern Time with the exception of holidays.

If you need any information we invite you to refer to the “FAQ section” on our Site and if you are not satisfied you may contact us by email (customerservice.us@loropiana.com) or by phone ((212) 652-1650 or toll free at (855) 481-9100).

 

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully. It affects your rights.

 

Please read this Provision carefully. It provides that all Disputes (as defined below) between you and Loro Piana shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms of Sale constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Sale and can award the same damages and relief as a court (including attorney’s fees).

For purposes of this Provision, “Loro Piana” means Loro Piana & C. Inc. and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Loro Piana regarding, arising out of or relating to any aspect of your relationship with Loro Piana, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Loro Piana’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND LORO PIANA EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution
 

For all Disputes, whether pursued in court or arbitration, you must first give Loro Piana an opportunity to resolve the Dispute. You must commence this process by emailing us written notification to customerservice.us@loropiana.com . That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Loro Piana does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out
 

Notwithstanding the above, you or Loro Piana may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SALE (the “Opt-Out Deadline”). You may opt out of this Provision by emailing us written notification to customerservice.us@loropiana.com Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Loro Piana through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Loro Piana. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Loro Piana may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because these Terms of Sale concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Loro Piana may initiate arbitration in either New York City, NY or the federal judicial district that includes your billing address. However, if Loro Piana initiates the arbitration in New York, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – Loro Piana will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loro Piana as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver
 

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Loro Piana specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Loro Piana Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms of Sale you and Loro Piana are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Loro Piana might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Loro Piana or its affiliates. Notwithstanding any provision in these Terms of Sale to the contrary, you and Loro Piana agree that if Loro Piana makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Loro Piana to adhere to the present language in this Provision if a dispute between us arises.

 

GOVERNING LAW; VENUE

These Terms of Sale, and any disputes arising out of or relating to these Terms of Sale, shall be governed by the Federal Arbitration Act and the laws of the State of New York, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms of Sale will be heard in the courts located in in the City of New York, State of New York.

 

GENERAL TERMS

If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms of Sale, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing

If any provision of these Terms of Sale is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision will be separable from the remainder of the provisions hereof which will continue in full force and effect as if these Terms of Sale had been executed with the invalid provisions eliminated.

Nothing in these Terms of Sale, express or implied, is intended to confer rights, benefits, remedies, obligations or liabilities on any person other than you and Loro Piana (and its respective successors or permitted assigns).

 

SPECIAL TERMS OF SALE FOR PERSONALISED PRODUCTS (“Special Terms”)

For certain products Loro Piana offers a service of personalization (“Personalized Products”).

These Special Terms, together with the Terms of Sale, apply to you and your purchase of Personalized Products. In case of conflicts between the Terms of Sale and these Special Terms, the latter shall prevail.

1. No returns or exchanges are accepted for Personalized Products, unless the Personalized Products are damaged or faulty. However, you may cancel your order within three (3) days after you have placed your order on the Site. In such case, we will refund your purchase in full.
   
    
2. Personalized Products may be delivered in a time slot indicated on our Site. Delivery terms are merely indicative and may vary according to the personalization requested.
   
    
3. Personalized Products are shipped separately from other products’ orders.
   
    
4. After you have placed your order, your credit card will be debited for the total amount of your order and you will receive an email order confirmation together with an advanced payment electronic invoice. However, there may be occasions when we confirm your order but subsequently learn that we cannot supply the Personalized Products you have ordered; in such event we will cancel the order and refund your purchase price in full. When your order is ready we will send you an email through which we inform you that your Order has been shipped together with the tracking number.
    

TERMS AND CONDITIONS FOR ALTERATIONS, RETURNS AND QUALITY CLAIMS FOR RETAIL POINT OF SALES

The following policy applies only to Products purchased in Loro Piana Directly Operated Stores*.
Please see the specific applicable conditions below:


 

RETURN POLICY IN DIRECTLY OPERATED STORES

You may return any product purchased by you or received as a gift, in any Loro Piana store of your choice (Store Locator) in the country of purchase. Each item can be returned one time only.

You have 30 days from the date of purchase to return it.

Returning Products in our store is free and can be done in 2 easy steps:

1. Bring the products, in perfect condition, new, unaltered, unused, and with all of the tags and labels attached, in their original packaging along with the Receipt that you received with the original purchase, to a Loro Piana Store.

2. A store representative will check the products to make sure that they are in perfect condition, new, unaltered, unused, and with all of the tags and labels attached. If the products comply with the standards stated in these Terms and Conditions, then the requested return will be accepted. The Store representative will explain the different options for you to choose in return of your products.

In cases where the Products appear to be worn or used, are missing any of the labels or tags, do not comply with our Terms and Conditions, or where we have any reason to believe that the Products are fraudulent, we will not be able to accept the return.


 

QUALITY CLAIM POLICY

You have the right to return Products for quality problems within the limits set forth by the law and these Terms and Conditions – provided that you have the Receipt that you received with the original purchase. This policy applies both to items purchased by you and items you received as a Gift.

Loro Piana ensures 2-years guarantee on all faulty/defective products.

Please note that when the Products are returned for quality problems, we will examine them and assist you with an assessment.

If the Products you have returned to us are not faulty/damaged and do not have quality problems, or have been damaged due to misuse or were returned to us later than the above mentioned deadline, you will not be entitled to return the product.

*For items purchased in Department Stores or Shop-in-shops please refer to the Terms & Conditions displayed on the original receipt

LORO PIANA

TERMS AND CONDITIONS OF USE OF VALUE BASED VIRTUAL GIFT CARDS

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LORO PIANA. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Dear Purchaser, Dear User,

The following terms and conditions (hereinafter, the “Terms”) govern the purchase and the use of the Loro Piana value based gift card purchased online in virtual format at www.loropiana.com or https://us.loropiana.com/en/ to be used for the purchase of the Loro Piana products to be shipped within the United States - (the “Loro Piana Website”. The Loro Piana value based virtual gift card purchased on the Loro Piana Website is hereinafter referred to as the “Loro Piana Gift Card(s)”) and apply to the purchaser and any user of the Loro Piana Gift Card (respectively, referred to as the “Purchaser” and the “User” or, collectively, “you”).

These Terms are deemed to be accepted by you at the time of purchase of the Loro Piana Gift Card.

Your Loro Piana Gift Card is issued by Loro Piana & C. Inc., with registered office in 1013 Centre Road, City of Wilmington, County of New Castle, State of Delaware, Federal ID Number 13-3800262 (hereinafter, referred to as “Loro Piana”).

Loro Piana Gift Cards and unused portions of Loro Piana Gift Cards purchased in the United States do not have an expiration date and are not subject to any service fees. Loro Piana Gift Cards can only be purchased by individuals who are at least eighteen (18) years of age or the age of majority in their state of residence.

 

WHERE CAN I BUY A LORO PIANA GIFT CARD?

Loro Piana Gift Cards are available for purchase exclusively on the Loro Piana Website.

When purchased, the Loro Piana Gift Card will be immediately activated upon receipt of the email with the Loro Piana Gift Card. The date of issue of the Loro Piana Gift Card is the date of its activation.

The Purchaser can choose the value of the Loro Piana Gift Card among the values made available by Loro Piana from time to time and up to the maximum amount as provided by the laws and the Loro Piana policies or as otherwise communicated. Loro Piana reserves the right to limit the number of Loro Piana Gift Cards that can be purchased by a single person or entity.

It is necessary to retain a copy of the serial number and Code of your Loro Piana Gift Card which are provided at the time of the purchase - and which are also displayed in the Loro Piana Gift Card - since you may be requested to provide them when you redeem the Loro Piana Gift Card or in case of loss, theft or damage of the Loro Piana Gift Card.

 

WHERE AND HOW CAN I USE A LORO PIANA GIFT CARD?

Loro Piana Gift Cards can be used to purchase Loro Piana products – and pay the relevant taxes and/or shipping costs, if any - on the Loro Piana Website (for shipping within the United States) or in a Loro Piana store(s) located in the United States - with the express exclusion of the points of sale located within duty-free areas - whose list is provided below (a “Loro Piana Store(s))”. Loro Piana Gift Cards cannot be used in Department Stores or Outlets. The Loro Piana Gift Card cannot be redeemed in third-party managed Loro Piana stores (such as stores operated under a franchise).

As of September 2021, the Loro Piana Stores where you can use Loro Piana Gift Cards are the following:

 

LIST OF THE LORO PIANA STORES WHERE YOU CAN PURCHASE LORO PIANA GIFT CARDS (UPDATED SEPTEMBER 2021)

LORO PIANA STORE	ADDRESS	TELEPHONE	EMAIL
Manhasset	2018 Northern Boulevard, Americana Manhasset	+1.516.869.9469	manhasset@loropiana.com
Aspen	316 South Galena Street, Aspen	+1.970.544.0502	aspen@loropiana.com
Bal Harbour Shops	9700 Collins Avenue, Miami	+1.305.867.1680	balharbour@loropiana.com
Beverly Hills	455 North Rodeo Drive, Los Angeles	+1.310.860.0765	losangeles@loropiana.com
Boston	43 Newbury Street, Boston	+1.617.236.4999	boston@loropiana.com
Chicago	39 East Oak Street, Chicago	+1.312.664.6644	Chicago@loropiana.com
Costa Mesa	South Coast Plaza, 3333 Bristol Street, Costa Mesa	+1.714.432.1301	costamesa@loropiana.com
Dallas	42 Highland Park Village, Dallas	+1.214.520.0951	dallas@loropiana.com
East Hampton	45 Main Street, East Hampton	+1.631.527.2013	EastHampton@loropiana.com
Honolulu	2301 Kalakaua Avenue Suite 103, Honolulu	+1.808.921.2151	honolulu@loropiana.com
Houston	The Galleria, 5015 Westheimer Road, Suite #A2210, Houston	+1 713 888 0600	Houston@loropiana.com
King of Prussia	350 Mall Boulevard, Suite 3003, King of Prussia	+1 610.382.0157	kingofprussia@loropiana.com
Las Vegas Encore	The Esplanade at Encore, 3121 Las Vegas Blvd South, Las Vegas	+1.702.862.4234	lasvegasE@loropiana.com
Las Vegas	The Shops at Crystals, 3720 S Las Vegas Blvd #223°, Las Vegas	+1.702.696.0033	crystals@loropiana.com
Miami	151 NE 39th Street, Miami	+1 305 576 6589	miami@loropiana.com
NY Madison Avenue	748 Madison Avenue, New York	+1.212.980.7961	newyork@loropiana.com
NY Meatpacking	3 Ninth Avenue, New York	+1.212.801.5550	meatpacking@loropiana.com
Palm Beach	245 Worth Avenue, Palm Beach	+1.561.833.7016	palmbeach@loropiana.com
San Francisco	233 Geary Street, San Francisco	+1.415.593.3303	sanfrancisco@loropiana.com
Vail	288 Bridge Street, Vail	+1.970.479.2383	Vail@loropiana.com
Washington	949 H Street NW, Washington DC	+1.202.682.4500	washington@loropiana.com
Short Hills	1200 Morris Turnpike, Short Hills	+1.973.912.9393	shorthills@loropiana.com

For updated information on the Loro Piana Stores, please contact one of the Loro Piana Stores or check on https://us.loropiana.com/en/gift-card-stores-usd.

Subject to the restrictions referred to in these Terms, the Loro Piana Gift Cards can be redeemed for the purchase at a Loro Piana Store or on the Loro Piana Website up to the value of the amount loaded on the Loro Piana Gift Card as indicated in the relevant invoice at the time of its purchase, but in any case in strict compliance with all terms, and within the limits of, the applicable laws (in particular but not limited to, anti-money laundering laws) and the Loro Piana policies as are communicated to you at the time of redemption. The Loro Piana Gift Cards can be redeemed totally or partially and, in this case, the remaining amount can be used for subsequent purchases. Purchase values will be deducted from the Loro Piana Gift Card balance until the value reaches zero. If the total value of products purchased exceeds the amount on the Loro Piana Gift Card, the remaining balance for such products can be paid via any other method of permissible payment at the time of purchase. However, please, note that on the Loro Piana Website you cannot redeem more than one Loro Piana Gift Card cumulatively for a certain purchase. Also note that at a Loro Piana Store you can redeem more than one Loro Piana Gift Card cumulatively for a certain purchase, provided that redemption must be in compliance with all applicable laws (in particular but not limited to, anti-money laundering laws).

Save for the cases required by law, the Loro Piana Gift Cards cannot be redeemed for cash or credit even in case of returned products, and they are not reloadable. This does not affect your statutory rights in relation to purchase of the Loro Piana Gift Card.

Loro Piana will redeem Loro Piana Gift Cards only if they are used on the Loro Piana Website or at a Loro Piana Store at the time of purchase of the requested items, except in the case of loss of the card (subject to these Terms and Conditions).

 

DOES MY LORO PIANA GIFT CARD EXPIRE?

Loro Piana Gift Cards do not expire.

Loro Piana Gift Cards are non-refundable, unless otherwise provided by applicable law. This does not affect your statutory rights.

 

HOW DO I KNOW THE BALANCE ON MY LORO PIANA GIFT CARD?

When you purchase a Loro Piana Gift Card, the initial value of your card is displayed on the invoice. You can check the initial value and the balance of your Loro Piana Gift Card online at https://usd-giftcard.loropiana.com/ecard/balance/consult.

Where Loro Piana believes that an administrative, billing or accounting error has occurred, Loro Piana reserves the right to correct the Loro Piana Gift Card balance. If you have any questions regarding your transaction history or any corrections, or if you wish to contest a transaction or correction made on your Loro Piana Gift Card, please contact Loro Piana at 855 481 9100 or by email at customerservice.us@loropiana.com within thirty (30) days. Loro Piana will verify, inform you on the results and correct any errors where occurred.

 

WHAT SHALL I DO IF THE LORO PIANA GIFT CARD IS LOST?

In case of loss or theft of your Loro Piana Gift Card, you must immediately contact Loro Piana at 855 481 9100 or by email at customerservice.us@loropiana.com and follow the instructions of Loro Piana personnel to block the Loro Piana Gift Card and obtain a replacement, if the case. You will be asked to provide the serial number and Code of your Loro Piana Gift Card. The serial number and Code are provided at the time of the purchase and are also displayed in the Loro Piana Gift Card. We recommend that you keep and store a copy of your Loro Piana Gift Card serial number and Code in a safe place. Please note that Loro Piana will issue a replacement exclusively upon the written request of the Purchaser.

These terms do not limit your statutory rights in any way and Loro Piana does not exclude any duties or responsibilities that it is required to accept by law. Within these limits, Loro Piana is not responsible to you in the event of loss, theft, damage, alteration or unauthorised use by third parties of your Loro Piana Gift Card, except in the case of gross negligence or wilful misconduct by Loro Piana.

 

HOW YOUR PERSONAL DATA ARE PROCESSED?

Loro Piana (as identified above) is the data controller with respect to the collection, use and processing of personal data provided by the Purchaser in order to buy and/or the User in order to redeem the Loro Piana Gift Card. In particular, Loro Piana will process the Purchaser’s and/or User’s personal data in order to issue and ensure the use of the Loro Piana Gift Card in compliance with the applicable privacy legislation and, in any case, pursuant to its privacy information notice, available together with these Terms. For further information on the processing of your personal data, you may contact us sending an email at the following address: privacy@loropiana.com.

 

GOVERNING LAW AND JURISDICTION; DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please read the following (this “Provision”) carefully. It affects your rights.

These Terms shall be governed by the laws of the State of New York, without regard to its choice of law principles, and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the purchase or use of the Loro Piana Gift Cards shall be subject to the exclusive jurisdiction of the state and federal courts in the State of New York without regard to its conflict of law provisions. You consent to the personal jurisdiction of said courts.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at customerservice.us@loropiana.com. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Loro Piana. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between you and Loro Piana shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “Loro Piana” means Loro Piana and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Loro Piana regarding, arising out of or relating to any aspect of your relationship with Loro Piana, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Loro Piana’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Loro Piana an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Loro Piana, customerservice.us@loropiana.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Loro Piana does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Loro Piana may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Loro Piana at privacy@loropiana.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Loro Piana through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Loro Piana. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Loro Piana may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Loro Piana may initiate arbitration in either New York State or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – Loro Piana will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loro Piana as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Loro Piana specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court. Continuation

This Provision shall survive the termination of your service with Loro Piana or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if Loro Piana makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Loro Piana to adhere to the present language in this Provision if a dispute between us arises.

Loro Piana reserves the right to modify, alter, amend or change the terms of the Loro Piana Gift Card in its sole discretion subject to applicable law.

TO THE FULL EXTENT PERMISSIBLE BY LAW, LORO PIANA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO LORO PIANA GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE REPLACEMENT OF THAT GIFT CARD.

 

PRIVACY NOTICE (September 2021)

1. Data Controller

Loro Piana & C. Inc., with registered office in 1013 Centre Road, City of Wilmington, County of New Castle, State of Delaware, in its quality as data controller ("Loro Piana") which can be contacted at the following email address privacy@loropiana.com, informs you, according to the applicable data protection laws ("Privacy Regulation") that it processes the personal data provided by you ("Data") with the following modalities.

 

2. Ways of Data Processing

Data is processed in paper and electronic form in line with organizational and security requirements defined by applicable laws.

 

3. Purposes of Data Processing

Loro Piana processes Data (such as, for instance, name, surname, address, the details of your purchases, etc.) collected from you (i) to issue the Loro Piana Gift Card and manage the sale of our products and provide sale and after-sale services (including, for instance, fraud prevention, returns, guarantee, card replacement in case of loss and customer support), including the management of your information requests ("Contractual Purposes"); and (ii) to comply with legal and regulatory obligations ("Legal Purposes").

 

4. Legal Basis

Processing of Data for Contractual Purposes is mandatory since it is necessary to issue the Loro Piana Gift Card and use specific services offered by Loro Piana. Processing of Data for Legal Purposes is mandatory since it is required by the applicable laws. If you do not provide Data, it would not be possible to provide the products or services provided by Loro Piana that you request.

 

5. Data Retention Period

Your Data is processed for no longer that is necessary to fulfil the above mentioned purposes and, particularly, for the Contractual Purposes Data are retained for the duration of the Loro Piana Gift Card and for 6 years after the requested service. For the Legal Purposes, your Data is stored in accordance with the specific limitation periods defined by law. Upon expiry of the above mentioned retention periods, your Data will be automatically deleted or made anonymous in a permanent and non-reversible way.

 

6. Data Communication and Transfer Abroad

For the Purposes explained in paragraph 3, Loro Piana might communicate Data, strictly necessary to each purpose of processing, to the following categories of subjects: (i) employees in charge of the processing (such as the personnel of the IT and Retail offices); (ii) consultants and professional and technical service providers (such as IT service providers, postal offices and couriers, legal consultants, etc.), (iii) Loro Piana S.p.A. (Italy), companies under common control of Loro Piana S.p.A. (Italy), Loro Piana's companies in joint venture arrangements and Loro Piana's franchisees which may also be located in countries outside the US and, in particular, in the Economic European Area (EEA) as indicated on www.loropiana.com. Data may be transferred outside the US according to the Privacy Regulation. Your Data are not disseminated.

You have the right to receive information on the place where Data is kept, by asking directly to Loro Piana, through the contact details provided in paragraph 8 of this Privacy Notice.

 

7. Data Subject's Rights

You may always enforce your privacy rights, for example you may access the Data, verify Data content, origin, accuracy, ask that Data be integrated, updated, amended, deleted, blocked for breach of law, object to the processing of your Data for legitimate purposes. In addition to the rights above, you may ask for a restriction of the processing, ask for Data portability and bring a claim before the relevant Data Protection Authority, if the premises subsist.

 

8. Change, Update and Contacts

This document will be effective from the date indicated in the heading. Loro Piana might change and/or integrate the Privacy Notice with prior notice, also as a consequence of further modifications and/or integration of the Privacy Regulation. You can check the most current version of this privacy information notice and additional information on how we process personal data at the following web address https://us.loropiana.com/en/privacy-cookies?section=privacy-gift-card-usd. Updates and modifications will be available also at the Loro Piana Stores, upon request.

If you have doubts, questions or complaints with regard to the collection and processing of your Data, you may contact Loro Piana by sending an email to the following address privacy@loropiana.com.

TERMS OF SALE

These Terms of Sale set out the terms and conditions that will apply to your purchase of Loro Piana products via telephone, mail, or electronic communication (“Distance Order”) from Loro Piana & C Inc. with registered offices at 711 Fifth Ave, 11^th Floor, New York, NY 10022 (“Loro Piana”).

By confirming you have read and accepted these Terms of Sale when you submit a Distance Order you confirm your unconditional acceptance.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LORO PIANA. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

LORO PIANA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED THROUGH THE LORO PIANA WEBSITE OR PROVIDED THROUGH TELEPHONE OR EMAIL OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED ON LORO PIANA WEBSITE OR VIA TELEPHONE/EMAIL. LORO PIANA DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY PURCHASE IS “AS IS” AND AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA TELEPHONE OR EMAIL SHALL BE AS EXPRESSLY SET FORTH IN OUR RETURN AND EXCHANGE POLICY SET FORTH BELOW.

LORO PIANA WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, LORO PIANA'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE OF PRODUCTS VIA TELEPHONE OR EMAIL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF LORO PIANA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

Loro Piana reserves the right, at any time and in its sole discretion, to change, modify, revise, add or remove portions of these Terms of Sale, without prior notice to you; provided, however, that no such changes to the Terms of Sale will apply to any order for which you have already received confirmation. If you do not agree to changes to these Terms of Sale, you must refuse to perform any payment and therefore do not enter your payment card details in the “Payment Link” contained in the email from Loro Piana.

ORDER AND ACCEPTANCE

To place an order, you must be at least 18 years old and by placing an order, you confirm that you are at least 18 years old. You must not misrepresent yourself as being one of our authorized resellers or as being qualified to resell our Loro Piana products (“Products”). We reserve the right to refuse to accept your Distance Order, if we suspect that you intend to resell our Products.

Once we receive your Distance Order and we have made all the necessary internal evaluations (which could result in an acceptance, partial acceptance, or rejection of your request), we will send you an email or SMS (“Merchant Email”) with the link to the on-line payment page hosted by ADYEN (“Payment Link”)

In case we are not able to accept (totally or partially) your Distance Order, our staff will contact you to find the best solution to fulfil your kind interest in our products.

Before making any payment, you are required to double check our Terms of Sale and make sure that the listed Products, delivery charges and additional terms are in line with your Distance Order.

Any fulfilment of your Distance Order, even if you already provided us with your payment card details in the on-line third-party payment page, is subject to availability of Products and acceptance by us, and we may, at any time and at our sole discretion, communicate that your Distance Order shall not be delivered, including but not limited to cases where:

• You provided us with incorrect information, including without limitation, incorrect billing information; insufficient or incorrect shipping address – in this regard, please note we do not ship Products to P.O. boxes.
• The Products that you have ordered are no longer available.
• The amount of the proposed transaction is excessively high, based on our case-by-case evaluation, and subject to our discretion; or
• We believe that you are under the age of 18
• You previously placed a distance order with billing or ship to information that was confirmed to be fraudulent.

It is hereby understood that if Loro Piana rejects your Distance Order, you will have no obligation to pay Loro Piana for the Distance Order.

You hereby acknowledge and agree that we reserve the right to accept your order in whole or in part (“Partial Acceptance”); therefore, in the event of partial acceptance, your card will be charged, and the Products will be shipped for the part of the order that was accepted.

Please kindly note that you may sustain some extra charges imposed by your payment card issuer, for which we deny any responsibility.

GIFTS

You may purchase products for delivery to a recipient other than yourself (a "Gift").

Please note that it is your responsibility to provide the recipient’s personal data in compliance with all applicable privacy laws.

If we accept your Distance Order, you will receive a Merchant Email and the process shall follow the one described above.

RETURN OF DAMAGED OR FAULTY PRODUCTS

Loro Piana ensures 2-years guarantee from the purchasing date on all faulty/defective Products.

You have the right to return Products for quality issues within the limits set forth by the law and these Terms of Sale - if we are notified of the quality issues within two (2) months from discovery. In this event, please do not hesitate to contact us at the store where you placed your Distance Order (the “Store”).

This policy applies both to Products purchased by you and Products you received as a Gift.

Please note that when the Products are returned for quality issues, we will examine them. If the Products have confirmed quality issues, we will repair them (if possible) or replace them with new Products. If we are unable to repair or replace the Products in a timely and satisfactory manner, then we will refund the price paid for the Products (along with the initial shipping costs and any costs borne by you to return the Products, you provide evidence thereof in writing) to the card used for the original purchase, in accordance with the applicable regulations.

If we reasonably believe that the Products you have returned to us are not faulty/damaged and do not have quality issues or have been damaged due to misuse or were shipped to us later than the above-mentioned deadline you will not be entitled to a refund and/or repair and/or exchange. We will return the original Products to you.

DELIVERY

Loro Piana will send to you an e-mail with the shipping information when available. Products will be delivered via certified delivery service to the shipping address provided by you and cannot be picked up from any of Loro Piana Stores. Please be advised that shipping costs may apply to your Distance Order and that the courier cannot deliver packages without receiving a signature.

We will make any reasonable efforts to deliver the Products within a limited number of days. However, any delivery date or time specified by us is a best estimate only, and we will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery.

Products that we deliver to you will become your property at the time that you receive them. As soon as we have delivered the Products to you, you will become responsible for them and for any loss or damage to them thereafter.

Upon delivery of the Products, and before signing any document attesting delivery, you must carefully check the integrity of the package and, should the package be damaged or altered, you must write in the document attesting delivery that you reserve the right to verify the content. Failure to do so may result in a liability for us, for which you might be held responsible.

Please note that we are unable to deliver internationally, or to Post Office Boxes or U.S. territories including the U.S. Virgin Islands, Puerto Rico, and Guam.

PRICES AND PAYMENTS

By clicking on the Payment Link contained in the email from Loro Piana, a payment page hosted by ADYEN will open and you are required to input your payment card details. ADYEN will place a hold on your payment card for the total value confirmed in our Merchant Email (or the agreed lower amount in case of Partial Acceptance).

We will not accept your Distance Order neither will we supply the Products to you until your payment card issuer has authorized the use of your card for payment of the Products ordered. If we do not receive such authorization, we will notify you. We reserve the right to verify the identity of the payment cardholder by requesting appropriate documentation.

After a hold on your payment card has been authorized by your bank, please be advised that, in case your payment card is debited for a lower amount than the total amount held (for example in case of partial acceptance), it is possible that the balance is not immediately fully available to you for reasons beyond our control (ex: delays by your payment card issuer in removing the “hold” from your payment card).

Once the sale has been finalized, you will receive an email with the invoice.

We take all reasonable care to make sure ADYEN keeps the website secure and to prevent fraud. All transactions on the website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Please note that we may, at any time and at our sole discretion, restrict shipping to certain customers.

If you wish to dispute the validity or amount of a charge that appears on your payment card statement, please contact us at the Loro Piana Store where you purchased the Products. [1] By accepting to pay, entering your payment card details in the “Payment Link” contained in the email from Loro Piana you confirm that you have read the Terms of Sale in effect at the time of your order, and you agree to be bound by and accept the Terms of Sale in effect at the time of such order.

If you have any questions, comments, or concerns regarding your order or if you think that we rejected your order in error or want to return or exchange an item, please contact us at the Loro Piana Store where you purchased the Products.1

PERSONAL INFORMATION

When you place a Distance Order, you will be providing Loro Piana with your personal information. We will use your personal information to process your Distance Order and deliver the Products ordered and for other limited purposes. Our collection and use of your personal information will be carried out subject to the terms of our Privacy Notice that can be found on the website www.loropiana.com

RETURN AND EXCHANGE POLICY

All the Products bought under these Terms of Sale may be returned to the Store where you placed your order, within thirty (30) days from the date of receipt of Products.

Returning or exchanging purchased products in our Store is free and can be done in two easy steps:

1. Bring the Products, in their original, new, unaltered, unused condition, and with all the tags and labels attached, in their original packaging along with the Sales Receipt or Gift Receipt that you received in the original shipment to the Loro Piana Store where you placed your order.

2. A store representative will check the Products to make sure that they are in acceptable condition, new, unaltered, unused, and with all the tags and labels attached. If the Products comply with the standards stated in these Terms of Sale, then:

a. If you wish to exchange the Products, we allow you to exchange the Products for same product in a different color and/or size or for a different product, based on availability in the store. It is hereby understood that any difference in price and/or tax shall apply. In case of an exchange the customer will not be charged the original shipping fee; or

b. IF YOU RETURN A PRODUCT, ALSO IN CASE YOU RETURN A PRODUCT RECEIVED AS A GIFT, ONLY THE ORIGINAL PURCHASER WILL BE ENTITLED TO RECEIVE A REFUND. THIS REFUND WILL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT AND APPLICABLE TAXES. The shipping fee will not be reimbursed if there is no quality issue, and the return is just a result of your free choice. Please note that we will reimburse the sale’s tax paid at the time of the purchase. Refund can only be processed by crediting the same payment card used for the purchase of the Products (refund via cash, wire transfer or any other method is not allowed).

Please note that when the products are returned to us also via any carrier, we will review them for quality control. If the products are brought or sent back in their original, new, unaltered, and unused condition, and with all the tags and labels attached, we will approve the return and exchange the products or reimburse the total amount paid and applicable taxes minus original shipping and handling costs (including any taxes associated with such charges) to the card used for the original purchase. We will credit the refund to the card used to pay for the products within approximately thirty (30) days from the date that we receive the returned products, save for possible delays of technical nature not attributable to us (e.g., malfunctions of the credit card system).

The right of return is excluded if the Products belong to one of the following categories of excluded products (“ Excluded Products”): 1) Personalized Products; 2) Sealed Products that are not suitable for return for health protection and hygiene reasons (underwear, swimsuits, socks, lingerie, sleep masks, face masks, candles, etc.) and that have been unsealed after delivery or if the hygiene label is no longer in place.

No returns or exchanges are accepted for personalized products unless the personalized products are damaged or faulty .

In cases where the products appear to be worn or used, are missing any of the labels or tags, do not comply with our Terms of Sale, or where we have any reason to believe that the products are fraudulent or were not purchased directly on our Store, we will not be able to accept the return/exchange.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully. It affects your rights.

Please read this Provision carefully. It provides that all Dispute (as defined below) between you and Loro Piana shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering these Terms of Sale constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Sale and can award the same damages and relief as a court (including attorney’s fees).

For purposes of this Provision, “Loro Piana” means Loro Piana & C. Inc. and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Loro Piana regarding, arising out of or relating to any aspect of your relationship with Loro Piana, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as Loro Piana’s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND LORO PIANA EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Loro Piana an opportunity to resolve the Dispute. You must commence this process by emailing us written notification to customer.service.us@loropiana.com . That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Loro Piana does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Loro Piana may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SALE (the “Opt-Out Deadline”). You may opt out of this Provision by emailing us written notification to customer.service.us@loropiana.com Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Loro Piana through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Loro Piana. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or Loro Piana may initiate arbitration proceedings. The American Arbitration Association (“ AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because these Terms of Sale concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Loro Piana may initiate arbitration in either New York City, NY or the federal judicial district that includes your billing address. However, if Loro Piana initiates the arbitration in New York, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – Loro Piana will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loro Piana as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Loro Piana specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Loro Piana Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering these Terms of Sale you and Loro Piana are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Loro Piana might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Waive other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Loro Piana or its affiliates. Notwithstanding any provision in these Terms of Sale to the contrary, you and Loro Piana agree that if Loro Piana makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Loro Piana to adhere to the present language in this Provision if a dispute between us arises.

GOVERNING LAW AND JURISDICTION

These Terms of Sale (and any disputes/claims arising out of or in connection with them) are subject to the laws and the jurisdiction of the courts of the state where the Store through which you placed your Distance Order is located.

GENERAL TERMS

If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms of Sale, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any provision of these Terms of Sale is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision will be separable from the remainder of the provisions hereof which will continue in full force and effect as if these Terms of Sale had been executed with the invalid provisions eliminated.

Nothing in these Terms of Sale, express or implied, is intended to confer rights, benefits, remedies, obligations, or liabilities on any person other than you and Loro Piana (and its respective successors or permitted assigns).

CONTACT US

If you have any questions concerning these Terms of Sale, please contact the Store where you placed your order:

LORO PIANA NEW YORK STORE

748 Madison Ave

New York, NY 10065

Tel: 212-980-7961

Email: PBLconfirmations@loropiana.com

 

[1] If needed you can find all our Loro Piana stores https://us.loropiana.com/en/

TERMS OF SALE

These Terms of Sale set out the terms and conditions that will apply to your purchase of Loro Piana products via telephone, mail, or electronic communication (“Distance Order”) from Loro Piana & C Inc. with registered offices at 711 Fifth Ave, 11^th Floor, New York, NY 10022 (“Loro Piana”).

By confirming you have read and accepted these Terms of Sale when you submit a Distance Order you confirm your unconditional acceptance.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LORO PIANA. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

LORO PIANA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED THROUGH THE LORO PIANA WEBSITE OR PROVIDED THROUGH TELEPHONE OR EMAIL OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED ON LORO PIANA WEBSITE OR VIA TELEPHONE/EMAIL. LORO PIANA DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY PURCHASE IS “AS IS” AND AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA TELEPHONE OR EMAIL SHALL BE AS EXPRESSLY SET FORTH IN OUR RETURN AND EXCHANGE POLICY SET FORTH BELOW.

LORO PIANA WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, LORO PIANA'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE OF PRODUCTS VIA TELEPHONE OR EMAIL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF LORO PIANA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

Loro Piana reserves the right, at any time and in its sole discretion, to change, modify, revise, add or remove portions of these Terms of Sale, without prior notice to you; provided, however, that no such changes to the Terms of Sale will apply to any order for which you have already received confirmation. If you do not agree to changes to these Terms of Sale, you must refuse to perform any payment and therefore do not enter your payment card details in the “Payment Link” contained in the email from Loro Piana.

ORDER AND ACCEPTANCE

To place an order, you must be at least 18 years old and by placing an order, you confirm that you are at least 18 years old. You must not misrepresent yourself as being one of our authorized resellers or as being qualified to resell our Loro Piana products (“Products”). We reserve the right to refuse to accept your Distance Order, if we suspect that you intend to resell our Products.

Once we receive your Distance Order and we have made all the necessary internal evaluations (which could result in an acceptance, partial acceptance, or rejection of your request), we will send you an email or SMS (“Merchant Email”) with the link to the on-line payment page hosted by ADYEN (“Payment Link”)

In case we are not able to accept (totally or partially) your Distance Order, our staff will contact you to find the best solution to fulfil your kind interest in our products.

Before making any payment, you are required to double check our Terms of Sale and make sure that the listed Products, delivery charges and additional terms are in line with your Distance Order.

Any fulfilment of your Distance Order, even if you already provided us with your payment card details in the on-line third-party payment page, is subject to availability of Products and acceptance by us, and we may, at any time and at our sole discretion, communicate that your Distance Order shall not be delivered, including but not limited to cases where:

• You provided us with incorrect information, including without limitation, incorrect billing information; insufficient or incorrect shipping address – in this regard, please note we do not ship Products to P.O. boxes.
• The Products that you have ordered are no longer available.
• The amount of the proposed transaction is excessively high, based on our case-by-case evaluation, and subject to our discretion; or
• We believe that you are under the age of 18
• You previously placed a distance order with billing or ship to information that was confirmed to be fraudulent.

It is hereby understood that if Loro Piana rejects your Distance Order, you will have no obligation to pay Loro Piana for the Distance Order.

You hereby acknowledge and agree that we reserve the right to accept your order in whole or in part (“Partial Acceptance”); therefore, in the event of partial acceptance, your card will be charged, and the Products will be shipped for the part of the order that was accepted.

Please kindly note that you may sustain some extra charges imposed by your payment card issuer, for which we deny any responsibility.

GIFTS

You may purchase products for delivery to a recipient other than yourself (a "Gift").

Please note that it is your responsibility to provide the recipient’s personal data in compliance with all applicable privacy laws.

If we accept your Distance Order, you will receive a Merchant Email and the process shall follow the one described above.

RETURN OF DAMAGED OR FAULTY PRODUCTS

Loro Piana ensures 2-years guarantee from the purchasing date on all faulty/defective Products.

You have the right to return Products for quality issues within the limits set forth by the law and these Terms of Sale - if we are notified of the quality issues within two (2) months from discovery. In this event, please do not hesitate to contact us at the store where you placed your Distance Order (the “Store”).

This policy applies both to Products purchased by you and Products you received as a Gift.

Please note that when the Products are returned for quality issues, we will examine them. If the Products have confirmed quality issues, we will repair them (if possible) or replace them with new Products. If we are unable to repair or replace the Products in a timely and satisfactory manner, then we will refund the price paid for the Products (along with the initial shipping costs and any costs borne by you to return the Products, you provide evidence thereof in writing) to the card used for the original purchase, in accordance with the applicable regulations.

If we reasonably believe that the Products you have returned to us are not faulty/damaged and do not have quality issues or have been damaged due to misuse or were shipped to us later than the above-mentioned deadline you will not be entitled to a refund and/or repair and/or exchange. We will return the original Products to you.

DELIVERY

Loro Piana will send to you an e-mail with the shipping information when available. Products will be delivered via certified delivery service to the shipping address provided by you and cannot be picked up from any of Loro Piana Stores. Please be advised that shipping costs may apply to your Distance Order and that the courier cannot deliver packages without receiving a signature.

We will make any reasonable efforts to deliver the Products within a limited number of days. However, any delivery date or time specified by us is a best estimate only, and we will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery.

Products that we deliver to you will become your property at the time that you receive them. As soon as we have delivered the Products to you, you will become responsible for them and for any loss or damage to them thereafter.

Upon delivery of the Products, and before signing any document attesting delivery, you must carefully check the integrity of the package and, should the package be damaged or altered, you must write in the document attesting delivery that you reserve the right to verify the content. Failure to do so may result in a liability for us, for which you might be held responsible.

Please note that we are unable to deliver internationally, or to Post Office Boxes or U.S. territories including the U.S. Virgin Islands, Puerto Rico, and Guam.

PRICES AND PAYMENTS

By clicking on the Payment Link contained in the email from Loro Piana, a payment page hosted by ADYEN will open and you are required to input your payment card details. ADYEN will place a hold on your payment card for the total value confirmed in our Merchant Email (or the agreed lower amount in case of Partial Acceptance).

We will not accept your Distance Order neither will we supply the Products to you until your payment card issuer has authorized the use of your card for payment of the Products ordered. If we do not receive such authorization, we will notify you. We reserve the right to verify the identity of the payment cardholder by requesting appropriate documentation.

After a hold on your payment card has been authorized by your bank, please be advised that, in case your payment card is debited for a lower amount than the total amount held (for example in case of partial acceptance), it is possible that the balance is not immediately fully available to you for reasons beyond our control (ex: delays by your payment card issuer in removing the “hold” from your payment card).

Once the sale has been finalized, you will receive an email with the invoice.

We take all reasonable care to make sure ADYEN keeps the website secure and to prevent fraud. All transactions on the website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Please note that we may, at any time and at our sole discretion, restrict shipping to certain customers.

If you wish to dispute the validity or amount of a charge that appears on your payment card statement, please contact us at the Loro Piana Store where you purchased the Products. [1] By accepting to pay, entering your payment card details in the “Payment Link” contained in the email from Loro Piana you confirm that you have read the Terms of Sale in effect at the time of your order, and you agree to be bound by and accept the Terms of Sale in effect at the time of such order.

If you have any questions, comments, or concerns regarding your order or if you think that we rejected your order in error or want to return or exchange an item, please contact us at the Loro Piana Store where you purchased the Products.1

PERSONAL INFORMATION

When you place a Distance Order, you will be providing Loro Piana with your personal information. We will use your personal information to process your Distance Order and deliver the Products ordered and for other limited purposes. Our collection and use of your personal information will be carried out subject to the terms of our Privacy Notice that can be found on the website www.loropiana.com

RETURN AND EXCHANGE POLICY

All the Products bought under these Terms of Sale may be returned to the Store where you placed your order, within thirty (30) days from the date of receipt of Products.

Returning or exchanging purchased products in our Store is free and can be done in two easy steps:

1. Bring the Products, in their original, new, unaltered, unused condition, and with all the tags and labels attached, in their original packaging along with the Sales Receipt or Gift Receipt that you received in the original shipment to the Loro Piana Store where you placed your order.

2. A store representative will check the Products to make sure that they are in acceptable condition, new, unaltered, unused, and with all the tags and labels attached. If the Products comply with the standards stated in these Terms of Sale, then:

a. If you wish to exchange the Products, we allow you to exchange the Products for same product in a different color and/or size or for a different product, based on availability in the store. It is hereby understood that any difference in price and/or tax shall apply. In case of an exchange the customer will not be charged the original shipping fee; or

b. IF YOU RETURN A PRODUCT, ALSO IN CASE YOU RETURN A PRODUCT RECEIVED AS A GIFT, ONLY THE ORIGINAL PURCHASER WILL BE ENTITLED TO RECEIVE A REFUND. THIS REFUND WILL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT AND APPLICABLE TAXES. The shipping fee will not be reimbursed if there is no quality issue, and the return is just a result of your free choice. Please note that we will reimburse the sale’s tax paid at the time of the purchase. Refund can only be processed by crediting the same payment card used for the purchase of the Products (refund via cash, wire transfer or any other method is not allowed).

Please note that when the products are returned to us also via any carrier, we will review them for quality control. If the products are brought or sent back in their original, new, unaltered, and unused condition, and with all the tags and labels attached, we will approve the return and exchange the products or reimburse the total amount paid and applicable taxes minus original shipping and handling costs (including any taxes associated with such charges) to the card used for the original purchase. We will credit the refund to the card used to pay for the products within approximately thirty (30) days from the date that we receive the returned products, save for possible delays of technical nature not attributable to us (e.g., malfunctions of the credit card system).

The right of return is excluded if the Products belong to one of the following categories of excluded products (“ Excluded Products”): 1) Personalized Products; 2) Sealed Products that are not suitable for return for health protection and hygiene reasons (underwear, swimsuits, socks, lingerie, sleep masks, face masks, candles, etc.) and that have been unsealed after delivery or if the hygiene label is no longer in place.

No returns or exchanges are accepted for personalized products unless the personalized products are damaged or faulty .

In cases where the products appear to be worn or used, are missing any of the labels or tags, do not comply with our Terms of Sale, or where we have any reason to believe that the products are fraudulent or were not purchased directly on our Store, we will not be able to accept the return/exchange.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully. It affects your rights.

Please read this Provision carefully. It provides that all Dispute (as defined below) between you and Loro Piana shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering these Terms of Sale constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Sale and can award the same damages and relief as a court (including attorney’s fees).

For purposes of this Provision, “Loro Piana” means Loro Piana & C. Inc. and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Loro Piana regarding, arising out of or relating to any aspect of your relationship with Loro Piana, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as Loro Piana’s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND LORO PIANA EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Loro Piana an opportunity to resolve the Dispute. You must commence this process by emailing us written notification to customer.service.us@loropiana.com . That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Loro Piana does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Loro Piana may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SALE (the “Opt-Out Deadline”). You may opt out of this Provision by emailing us written notification to customer.service.us@loropiana.com Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Loro Piana through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Loro Piana. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or Loro Piana may initiate arbitration proceedings. The American Arbitration Association (“ AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because these Terms of Sale concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Loro Piana may initiate arbitration in either New York City, NY or the federal judicial district that includes your billing address. However, if Loro Piana initiates the arbitration in New York, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – Loro Piana will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loro Piana as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Loro Piana specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Loro Piana Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering these Terms of Sale you and Loro Piana are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Loro Piana might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Waive other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Loro Piana or its affiliates. Notwithstanding any provision in these Terms of Sale to the contrary, you and Loro Piana agree that if Loro Piana makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Loro Piana to adhere to the present language in this Provision if a dispute between us arises.

GOVERNING LAW AND JURISDICTION

These Terms of Sale (and any disputes/claims arising out of or in connection with them) are subject to the laws and the jurisdiction of the courts of the state where the Store through which you placed your Distance Order is located.

GENERAL TERMS

If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms of Sale, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any provision of these Terms of Sale is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision will be separable from the remainder of the provisions hereof which will continue in full force and effect as if these Terms of Sale had been executed with the invalid provisions eliminated.

Nothing in these Terms of Sale, express or implied, is intended to confer rights, benefits, remedies, obligations, or liabilities on any person other than you and Loro Piana (and its respective successors or permitted assigns).

CONTACT US

If you have any questions concerning these Terms of Sale, please contact the Store where you placed your order:

LORO PIANA WOODBURY STORE

831 Adirondack Way

Central Valley, NY 10917

Tel: 845-928-8387

Email: WCPBLconfirmations@loropiana.com

 

[1] If needed you can find all our Loro Piana stores https://us.loropiana.com/en/

TERMS OF SALE

These Terms of Sale set out the terms and conditions that will apply to your purchase of Loro Piana products via telephone, mail, or electronic communication (“Distance Order”) from Loro Piana & C Inc. with registered offices at 711 Fifth Ave, 11^th Floor, New York, NY 10022 (“Loro Piana”).

By confirming you have read and accepted these Terms of Sale when you submit a Distance Order you confirm your unconditional acceptance.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LORO PIANA. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

LORO PIANA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED THROUGH THE LORO PIANA WEBSITE OR PROVIDED THROUGH TELEPHONE OR EMAIL OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED ON LORO PIANA WEBSITE OR VIA TELEPHONE/EMAIL. LORO PIANA DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY PURCHASE IS “AS IS” AND AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA TELEPHONE OR EMAIL SHALL BE AS EXPRESSLY SET FORTH IN OUR RETURN AND EXCHANGE POLICY SET FORTH BELOW.

LORO PIANA WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, LORO PIANA'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE OF PRODUCTS VIA TELEPHONE OR EMAIL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF LORO PIANA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

Loro Piana reserves the right, at any time and in its sole discretion, to change, modify, revise, add or remove portions of these Terms of Sale, without prior notice to you; provided, however, that no such changes to the Terms of Sale will apply to any order for which you have already received confirmation. If you do not agree to changes to these Terms of Sale, you must refuse to perform any payment and therefore do not enter your payment card details in the “Payment Link” contained in the email from Loro Piana.

 

ORDER AND ACCEPTANCE

To place an order, you must be at least 18 years old and by placing an order, you confirm that you are at least 18 years old. You must not misrepresent yourself as being one of our authorized resellers or as being qualified to resell our Loro Piana products (“Products”). We reserve the right to refuse to accept your Distance Order, if we suspect that you intend to resell our Products.

Once we receive your Distance Order and we have made all the necessary internal evaluations (which could result in an acceptance, partial acceptance, or rejection of your request), we will send you an email or SMS (“Merchant Email”) with the link to the on-line payment page hosted by ADYEN (“Payment Link”)

In case we are not able to accept (totally or partially) your Distance Order, our staff will contact you to find the best solution to fulfil your kind interest in our products.

Before making any payment, you are required to double check our Terms of Sale and make sure that the listed Products, delivery charges and additional terms are in line with your Distance Order.

Any fulfilment of your Distance Order, even if you already provided us with your payment card details in the on-line third-party payment page, is subject to availability of Products and acceptance by us, and we may, at any time and at our sole discretion, communicate that your Distance Order shall not be delivered, including but not limited to cases where:

• You provided us with incorrect information, including without limitation, incorrect billing information; insufficient or incorrect shipping address – in this regard, please note we do not ship Products to P.O. boxes.
• The Products that you have ordered are no longer available.
• The amount of the proposed transaction is excessively high, based on our case-by-case evaluation, and subject to our discretion; or
• We believe that you are under the age of 18
• You previously placed a distance order with billing or ship to information that was confirmed to be fraudulent.

It is hereby understood that if Loro Piana rejects your Distance Order, you will have no obligation to pay Loro Piana for the Distance Order.

You hereby acknowledge and agree that we reserve the right to accept your order in whole or in part (“Partial Acceptance”); therefore, in the event of partial acceptance, your card will be charged, and the Products will be shipped for the part of the order that was accepted.

Please kindly note that you may sustain some extra charges imposed by your payment card issuer, for which we deny any responsibility.

 

GIFTS

You may purchase products for delivery to a recipient other than yourself (a "Gift").

Please note that it is your responsibility to provide the recipient’s personal data in compliance with all applicable privacy laws.

If we accept your Distance Order, you will receive a Merchant Email and the process shall follow the one described above.

 

RETURN OF DAMAGED OR FAULTY PRODUCTS

Loro Piana ensures 2-years guarantee from the purchasing date on all faulty/defective Products.

You have the right to return Products for quality issues within the limits set forth by the law and these Terms of Sale - if we are notified of the quality issues within two (2) months from discovery. In this event, please do not hesitate to contact us at the store where you placed your Distance Order (the “Store”).

This policy applies both to Products purchased by you and Products you received as a Gift.

Please note that when the Products are returned for quality issues, we will examine them. If the Products have confirmed quality issues, we will repair them (if possible) or replace them with new Products. If we are unable to repair or replace the Products in a timely and satisfactory manner, then we will refund the price paid for the Products (along with the initial shipping costs and any costs borne by you to return the Products, you provide evidence thereof in writing) to the card used for the original purchase, in accordance with the applicable regulations.

If we reasonably believe that the Products you have returned to us are not faulty/damaged and do not have quality issues or have been damaged due to misuse or were shipped to us later than the above-mentioned deadline you will not be entitled to a refund and/or repair and/or exchange. We will return the original Products to you.

 

DELIVERY

Loro Piana will send to you an e-mail with the shipping information after the Product is shipped. Products will be delivered via certified delivery service to the shipping address provided by you and cannot be picked up from any of Loro Piana Stores. Please be advised that shipping costs may apply to your Distance Order and that the courier cannot deliver packages without receiving a signature.

We will make any reasonable efforts to deliver the Products within a limited number of days. However, any delivery date or time specified by us is a best estimate only, and we will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery.

Products that we deliver to you will become your property at the time that you receive them. As soon as we have delivered the Products to you, you will become responsible for them and for any loss or damage to them thereafter.

Upon delivery of the Products, and before signing any document attesting delivery, you must carefully check the integrity of the package and, should the package be damaged or altered, you must write in the document attesting delivery that you reserve the right to verify the content. Failure to do so may result in a liability for us, for which you might be held responsible.

Please note that we are unable to deliver internationally, or to Post Office Boxes or U.S. territories including the U.S. Virgin Islands, Puerto Rico, and Guam.

 

PRICES AND PAYMENTS

By clicking on the Payment Link contained in the email from Loro Piana, a payment page hosted by ADYEN will open and you are required to input your payment card details. ADYEN will place a hold on your payment card for the total value confirmed in our Merchant Email (or the agreed lower amount in case of Partial Acceptance).

We will not accept your Distance Order neither will we supply the Products to you until your payment card issuer has authorized the use of your card for payment of the Products ordered. If we do not receive such authorization, we will notify you. We reserve the right to verify the identity of the payment cardholder by requesting appropriate documentation.

After a hold on your payment card has been authorized by your bank, please be advised that, in case your payment card is debited for a lower amount than the total amount held (for example in case of partial acceptance), it is possible that the balance is not immediately fully available to you for reasons beyond our control (ex: delays by your payment card issuer in removing the “hold” from your payment card).

 

We take all reasonable care to make sure ADYEN keeps the website secure and to prevent fraud. All transactions on the website are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Please note that we may, at any time and at our sole discretion, restrict shipping to certain customers.

If you wish to dispute the validity or amount of a charge that appears on your payment card statement, please contact us at the Loro Piana Store where you purchased the Products.[1] By accepting to pay, entering your payment card details in the “Payment Link” contained in the email from Loro Piana you confirm that you have read the Terms of Sale in effect at the time of your order, and you agree to be bound by and accept the Terms of Sale in effect at the time of such order.

If you have any questions, comments, or concerns regarding your order or if you think that we rejected your order in error or want to return or exchange an item, please contact us at the Loro Piana Store where you purchased the Products.1

 

PERSONAL INFORMATION

When you place a Distance Order, you will be providing Loro Piana with your personal information. We will use your personal information to process your Distance Order and deliver the Products ordered and for other limited purposes. Our collection and use of your personal information will be carried out subject to the terms of our Privacy Notice that can be found on the website www.loropiana.com

 

RETURN AND EXCHANGE POLICY

All the Products bought under these Terms of Sale may be returned to the Store where you placed your order, within thirty (30) days from the date of receipt of Products.

Returning or exchanging purchased products in our Store is free and can be done in two easy steps:

1. Bring the Products, in their original, new, unaltered, unused condition, and with all the tags and labels attached, in their original packaging along with the Sales Receipt or Gift Receipt that you received in the original shipment to the Loro Piana Store where you placed your order.
2. A store representative will check the Products to make sure that they are in acceptable condition, new, unaltered, unused, and with all the tags and labels attached. If the Products comply with the standards stated in these Terms of Sale, then:
   1. If you wish to exchange the Products, we allow you to exchange the Products for same product in a different color and/or size or for a different product, based on availability in the store. It is hereby understood that any difference in price and/or tax shall apply. In case of an exchange the customer will not be charged the original shipping fee; or
   2. IF YOU RETURN A PRODUCT, ALSO IN CASE YOU RETURN A PRODUCT RECEIVED AS A GIFT, ONLY THE ORIGINAL PURCHASER WILL BE ENTITLED TO RECEIVE A REFUND. THIS REFUND WILL BE LIMITED TO THE PRICE PAID FOR THE PRODUCT AND APPLICABLE TAXES. The shipping fee will not be reimbursed if there is no quality issue, and the return is just a result of your free choice. Please note that we will reimburse the sale’s tax paid at the time of the purchase. Refund can only be processed by crediting the same payment card used for the purchase of the Products (refund via cash, wire transfer or any other method is not allowed).

Please note that when the products are returned to us also via any carrier, we will review them for quality control.  If the products are brought or sent back in their original, new, unaltered, and unused condition, and with all the tags and labels attached, we will approve the return and exchange the products or reimburse the total amount paid and applicable taxes minus original shipping and handling costs (including any taxes associated with such charges) to the card used for the original purchase.  We will credit the refund to the card used to pay for the products within approximately thirty (30) days from the date that we receive the returned products, save for possible delays of technical nature not attributable to us (e.g., malfunctions of the credit card system).

The right of return is excluded if the Products belong to one of the following categories of excluded products (“Excluded Products”): 1) Personalized Products; 2) Sealed Products that are not suitable for return for health protection and hygiene reasons (underwear, swimsuits, socks, lingerie, sleep masks, face masks, candles, etc.) and that have been unsealed after delivery or if the hygiene label is no longer in place.

No returns or exchanges are accepted for personalized products unless the personalized products are damaged or faulty.

In cases where the products appear to be worn or used, are missing any of the labels or tags, do not comply with our Terms of Sale, or where we have any reason to believe that the products are fraudulent or were not purchased directly on our Store, we will not be able to accept the return/exchange.

 

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully.  It affects your rights.

Please read this Provision carefully. It provides that all Dispute (as defined below) between you and Loro Piana shall be resolved by binding arbitration.  Arbitration is a form of private dispute resolution and replaces the right to go to court.  In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  Except as otherwise provided, entering these Terms of Sale constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow these Terms of Sale and can award the same damages and relief as a court (including attorney’s fees).

For purposes of this Provision, “Loro Piana” means Loro Piana & C. Inc. and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents.  The term “Dispute” means any dispute, claim, or controversy between you and Loro Piana regarding, arising out of or relating to any aspect of your relationship with Loro Piana, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).  “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as Loro Piana’s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND LORO PIANA EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Loro Piana an opportunity to resolve the Dispute.  You must commence this process by emailing us written notification to customer.service.us@loropiana.com .  That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek.  If Loro Piana does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.  You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or Loro Piana may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SALE (the “Opt-Out Deadline”).  You may opt out of this Provision by emailing us written notification to customer.service.us@loropiana.com  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Loro Piana through arbitration.  Your decision to opt-out of this Provision will have no adverse effect on your relationship with Loro Piana.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or Loro Piana may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because these Terms of Sale concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or Loro Piana may initiate arbitration in either New York City, NY or the federal judicial district that includes your billing address.  However, if Loro Piana initiates the arbitration in New York, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – Loro Piana will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.  Fees and costs may be awarded as provided pursuant to applicable law.  In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loro Piana as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Loro Piana specifically agree to do so in writing following initiation of the arbitration.  If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Loro Piana Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury.  You understand and agree that by entering these Terms of Sale you and Loro Piana are each giving up the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and Loro Piana might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Waive other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your service with Loro Piana or its affiliates. Notwithstanding any provision in these Terms of Sale to the contrary, you and Loro Piana agree that if Loro Piana makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Loro Piana to adhere to the present language in this Provision if a dispute between us arises.

 

GOVERNING LAW AND JURISDICTION

These Terms of Sale (and any disputes/claims arising out of or in connection with them) are subject to the laws and the jurisdiction of the courts of the state where the Store through which you placed your Distance Order is located.

 

GENERAL TERMS

If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms of Sale, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.  A waiver by us of any default shall not constitute a waiver of any subsequent default.  No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any provision of these Terms of Sale is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision will be separable from the remainder of the provisions hereof which will continue in full force and effect as if these Terms of Sale had been executed with the invalid provisions eliminated. 

Nothing in these Terms of Sale, express or implied, is intended to confer rights, benefits, remedies, obligations, or liabilities on any person other than you and Loro Piana (and its respective successors or permitted assigns).

 

CONTACT US

If you have any questions concerning these Terms of Sale, please contact the Store where you placed your order:

LORO PIANA Beverly Hills store

Tel:  310-860-0765

Email:  LosAngeles@loropiana.com

 

[1] If needed you can find all our Loro Piana stores https://us.loropiana.com/en/