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Customer Service

GENERAL TERMS AND CONDITIONS OF SALE

1.     Scope of Application

1.1     These general terms and conditions of sale (the “General Terms and Conditions”) apply to all sales contracts entered into between Ambush Italy S.r.l., with registered office in via Turati, 12, Milan, 20121 (MI), VAT No. 11110020960, registered in the Companies Registry of Milan under No. 2580203, subject to the management and coordination of New Guards Group Holding S.p.A. (“Ambush” or the “Company”) and the customer, identified as a consumer under the applicable consumer legislation (the “Customer”). 

Ambush and the Customer are hereinafter jointly referred to as the “Parties” and individually as “Party”.

1.2     The Customer must read carefully and accept (by clicking on the appropriate flag in the shopping cart checkout phase) these General Terms and Conditions. By accepting the General Terms and Conditions, the Customer undertakes to comply with their provisions. If the Customer does not accept the General Terms and Conditions, they may not purchase “Ambush” branded products. Therefore, the Customer is invited to print and save a copy of the General Terms and Conditions for future reference.

1.3     Ambush is part of the Farfetch group (a UK platform active in online sales of fashion, luxury and design goods, “Farfetch”): as better described below, Farfetch manages certain services on behalf of Ambush which are connected to the purchase of “Ambush” branded products and, specifically, product delivery services and an after-sales assistance service to Customers. The after-sales service will be managed by Farfetch and may be provided to the Customer also in a language other than that of the country in which the consumer resides or of which they are a citizen (such as, for example, English).

1.4     The General Terms and Conditions govern the manner in which the Company sells “Ambush” branded products (as well as any digital content and/or services, the “Products”) via the e-commerce website www.ambushdesign.com (the “Website”). 

1.5     The General Terms and Conditions do not govern the provision of services or the sale of products by parties other than Ambush and Farfetch, even if they are present on the Website through links, banners or other hypertext links.

1.6     Ambush can always be contacted at ecommerce@ambushdesign.com and on +442045716884.

1.7     Purchasing Products through the Website is strictly reserved for persons who:

(i)    have legal capacity and have reached the legal age in their country of residence; and

(ii)   purchase the Products for personal use and not for purposes related to commercial, business or professional activities.

1.8     Ambush will not accept and/or process orders from channels other than the Website or from persons who do not meet the requirements set out in the above paragraph. 

2.     Conclusion of the Agreement

2.1     The sending of a purchase order by the Customer (the “Order”) constitutes acceptance of the offer to the public made by Ambush through the Website, and, therefore, receipt of the Order by the Company constitutes the conclusion of a binding sales contract with respect to the Products selected by the Customer, which shall be entirely governed by the General Terms and Conditions in force at the time of its conclusion (the “Agreement”).

2.2     Before confirming and sending the Order, the Customer must therefore check the summary to ensure that the Products selected and all data provided are correct (for example the Customer may change the quantity of Products that they intend to purchase by adding or removing one or more of them from the virtual shopping cart). 

2.3     Once the Order has been received, Ambush sends the Customer an e-mail confirming receipt of the Order, containing the number and details of the Order made (“Order Confirmation”). 

2.4     Subsequently, Ambush will confirm to the Customer that the Order is being shipped (“Shipment Confirmation”), with different timing depending on the type of shipment that the Customer has selected. 

2.5     The Customer must keep the order number on the Order Confirmation to access the after-sales assistance service and for any other communications with the Company.

3.     Product Availability

3.1     The Customer may purchase a maximum number of 3 (three) items of the same measure/size per Product.

3.2     Ambush constantly monitors and updates the stock availability of the Products displayed on the Website. Nevertheless, since the Website may be visited simultaneously by various Customers, it is possible that more than one Customer intend to purchase or purchase the same Product at the same time. In such cases, the Product may result to be available for a short time, while actually out of stock or no longer available. If a Product is unavailable for these reasons or in other cases of unavailability, Ambush shall contact the Customer promptly and in any event within 5 (five) business days at the contact details provided by the Customer. 

4.     Purchase Procedure

4.1     To purchase a Product through the Website, the Customer may create and/or access their account through the reserved area on the Website or place the Order as a guest without creating an account (“guest” mode). If the Customer makes a “guest” purchase, the Customer must correctly fill in the fields of the relevant form on the Website, entering all the data required therein (e.g. first name, last name, billing and delivery address, e-mail address and telephone number) necessary to perform the Agreement.

4.2     The description and essential characteristics of the Products, including details and composition, fit, colours and sizes (where applicable) are presented on the Website within each product sheet together with one or more photographic images in digital format. Although Ambush takes measures to ensure that the photographs shown on the Website are faithful reproductions of the original products, the images and colours of the Products offered for sale on the Website may not be perfectly representative of their real characteristics due to the browser and/or devices used to access the Website. Ambush is not, therefore, liable for any inconsistency of the graphic representations of the Products shown on the Website if due to the above technical reasons.

4.3     Without prejudice to Orders already sent and/or Agreements already entered into, Ambush reserves the right to remove any Product from the Website at any time, for commercial reasons relating to the seasonality of the products. 

4.4     To send an Order, the Customer selects the Products they are interested in on the Website and places them in the virtual shopping cart.

4.5     Before completing the purchase, the Customer must check that the contents of the shopping cart are correct and enter any promotional code in the appropriate section. The promotional code, if valid, will be immediately applied to the amount displayed in the shopping cart. The Customer will then be asked to select the payment method, indicate the billing address, select the chosen shipping method and specify the shipping address if different from the billing address.

4.6     By placing the Order - after accepting the General Terms and Conditions - and clicking on “pay now”, the Customer expressly acknowledges and accepts the payment obligation. Therefore, after placing the Order, the price of the Product will be charged to the Customer through the payment method selected by the Customer.

5.     Price and Payment Methods

5.1     The price of the Products indicated on the Website (the “Price”), expressed in Euros or in other local currency that may be applicable, is inclusive of all applicable taxes and charges. Shipping costs are also included in the Price, unless otherwise indicated on the Website and communicated to the Customer at the checkout stage of the shopping cart before the Order is sent (e.g. in the event that a faster shipping method than the standard shipping method is available in the territory and can be selected by the Customer).

5.2     Ambush reserves the right to change the Price at any time, without prejudice to Orders already placed and Agreements already entered into. 

5.3     The payment methods for the Price and any costs for shipping available to the Customer are, depending on the country:

(i)    credit card (Visa, Mastercard, American Express, Diners, Discover, JCB and Union Pay);

(ii)   Paypal, Apple Pay, Alipay (for mainland China, Hong Kong, Macao, Taiwan), Sofort (for Germany, Belgium, Austria and Switzerland), iDeal (for the Netherlands); and

(iii)  Klarna (USA, UK, Italy, France, Germany, Austria and Switzerland).

5.4     The payment service is operated by a third-party payment provider (different depending on the payment method that the Customer has selected). During the payment procedure, an additional payment authentication may be requested by the card issuer or banking institution (inter alia “Verified by Visa”, “MasterCard Secure Code”). Under no circumstances can Ambush be held liable for payment errors through the third-party payment service occurring due to lack of connection or for direct and/or indirect damages that the Customer may suffer for any reason or cause as a result and as a consequence of suspensions or interruptions in the operation of the bank’s website (including any cyberattacks).

5.5     Ambush will perform, through the third-party payment service provider, a standard pre-authorisation on the payment method the Customer has selected. If, for any reason (for example, relating to inadequate/insufficient payment details provided by the Customer), it is not possible to charge the Price, the purchase process will be automatically cancelled and the Order will not be sent to Ambush. Due to the failure to enter into the Agreement, Ambush will have no delivery obligation towards the Customer, nor may the Customer claim payment of any indemnity and/or compensation for damages.

5.6     Ambush shall send the invoice or, more generally, the tax document relating to the purchase of the Products and the provision of services to the Customer by e-mail. 

5.7     By means of the option “pay in 3 instalments without interest”, Klarna (Swedish payment service provider, “Klarna”) provides for the possibility of deferring the payment of the Price in three equal instalments. Payments for each instalment will be automatically charged to the Customer with the payment method selected by the Customer. The first instalment is charged to the Customer at the time the Order is placed in accordance with Article 4.6; the second and third instalments are charged 30 (thirty) and 60 (sixty) days later, respectively (unless otherwise indicated on the Website by Klarna). More information on the terms and conditions for using the payment instalment service offered by Klarna can be found here.

6.     Shipping and delivery

6.1     The purchased Products are delivered to the Customer by shipment to the delivery address indicated by the Customer in the Order.

6.2     Shipping costs and times depend on the type of shipment selected by the Customer during the purchase process and indicated in the Order. The types of shipping available vary from area to area. Specifically, in certain areas the Customer may choose between standard and express shipping (where available), as better described on the Website on the shopping cart checkout page. More information on delivery costs and times can be found here.

6.3     The Parties agree that the delivery times indicated on the Website are purely indicative and that in any event delivery will be made within 30 (thirty) days from the conclusion of the Agreement. After receiving Shipment Confirmation, the Customer can monitor the status of the shipment from the reserved area on the Website and/or the courier’s website with the shipment tracking number provided in the Shipment Confirmation. 

6.4     Upon delivery of the Products by the courier, the Customer (or a representative or other person indicated by the Customer) must verify: (i) that the recipient’s details on the delivery receipt are correct; and (ii) the integrity of the packaging and seals.

6.5     Any damage to the packaging, seals that have been altered in any way and/or discrepancies with respect to the recipient’s references or documentation must be immediately indicated in writing on the courier’s delivery receipt (signature subject to inspection). 

6.6     It is understood between the Parties that orders consisting of several Products may be delivered in several shipments.

7.     Risks and ownership

7.1     Ownership of the Products is only transferred to the Customer upon payment of the Price and shipping costs, while the risk of loss of or damage to the Products remains with Ambush or the courier until the Products have been delivered.   

8.     Customisation and Pre-orders

8.1     For some items, Ambush offers the possibility of: 

(i)    customising products (e.g. by affixing monograms to garments and accessories); and/or 

(ii)   pre-ordering products not yet in stock.

8.2     When using the customisation service, the Customer can choose how to customise the Product by selecting customisations from the options made available by Ambush. Customisation is therefore subject to the limits predetermined by the Company; Ambush will not accept customisation requests beyond these limits.

8.3     The customisation chosen by the Customer on the Website is saved for the duration of the current session only; Ambush does not save any unfinished customisation sessions. Therefore, if a session is interrupted before the Order is sent, the Customer will have to start a new session to customise the product.

8.4     Products that are not yet available in stock and/or in Ambush stores can be previewed and pre-ordered on the Website. Pre-ordering consists of booking the purchase of products being produced and/or being delivered to the warehouse. 

Preview Products can be pre-ordered according to the purchase procedure and methods described in Article 4 (the “Pre-order”).

After a Pre-Order has been sent, Ambush will monitor the availability of the pre-ordered Product and - as soon as the pre-ordered Product is available - send the Customer a notification containing details of the shipping and delivery schedule for the pre-ordered Product (the “Pre-Order Confirmation”). The shipping and delivery terms referred to in Article 6 commence when the Pre-Order Confirmation is sent.

The Price of the pre-ordered Product is charged to the Customer after the Pre-order is sent through the payment method selected by the Customer. Therefore, by clicking on “pay now” the Customer expressly acknowledges and accepts the payment obligation.

8.5     If a pre-ordered Product turns out to be unavailable due to impossibility to produce it, to deliver it in stock and/or for other commercial reasons, Ambush shall promptly contact the Customer at the contact details provided by the same and refund the full Price paid by the Customer without undue delay. 

9.     Warranty

9.1     Products purchased through the Website are covered by the legal warranty of conformity pursuant to Article 128 and following articles of the Consumer Code (the “Warranty”).

9.2     Without prejudice to the provisions of Article 4.2, Ambush shall deliver to the Customer Products that are in conformity with the Agreement. In case of defective Products and/or Products that do not conform to the promised characteristics, the Customer must notify Ambush promptly by filling in the relevant form (available here). This notification is not necessary only in cases where Ambush has acknowledged the existence of the defect in writing or has concealed it.

9.3     Unless proven otherwise, non-conformities materialising within 12 (twelve) months from the delivery date of the Product are assumed as existing since that date, unless the assumption is incompatible with the nature of the goods or with the nature of the non-conformity.

9.4     The Warranty is valid for 2 (two) years from the Product delivery date.

9.5     If Ambush finds that a Product is defective or that there is a non-conformity, the Customer is entitled to have the Product brought into conformity by requesting, free of charge, that the Product be repaired or replaced, unless the remedy requested is objectively impossible or prohibitively expensive (taking into account the value of the goods and the extent of the defect). Ambush shall repair or replace the defective Product within a reasonable period of time after the Company has been informed of the conformity defect.

9.6     In cases where repair or replacement of the Product is impossible or excessively onerous, the Customer may request an appropriate reduction of the Price or termination of the Agreement (except in cases of minor non-conformity).

9.7     It is understood that the Customer is not entitled to exercise the Warranty in the following cases:

(i)    in the absence of proof of purchase;

(ii)   if the Product has been used, damaged, modified or otherwise altered by the Customer or a third party; and

(iii)  in the absence of the original labels, part of the Products and/or accessories.

9.8     Shipping costs for the return of defective and/or non-conforming Products to be repaired or replaced under this article, as well as the costs related to the delivery of the repaired or replacement Product to the Customer, are borne by Ambush. 

10.   Force Majeure

10.1  Ambush will not be liable for any failure or delay in the performance of any of its obligations under the Agreement and/or these General Terms and Conditions caused by events beyond its reasonable control, such as strikes, lockouts or other industrial action, civil insurrection, invasion, terrorist attacks (including threatened), wars (whether declared or not) or threat of war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural catastrophes, impossibility to use railways, maritime transport, aircraft, motor transport or other public or private means of transport, impossibility to use public or private telecommunications networks, acts, decrees, rules, regulations or limitations imposed by governments and/or public authorities (“Force Majeure”).

10.2  In the event of Force Majeure, performance by Ambush may be suspended for the entire duration of the Force Majeure event. Ambush shall inform the Customer of the occurrence of a Force Majeure event without undue delay and in any event within 7 (seven) days from its occurrence. This is without prejudice to the Customer’s right of withdrawal pursuant to Article 11.

11.   Right of withdrawal

11.1  The Customer may withdraw from the Agreement, without penalty and without having to state a reason, within 14 (fourteen) calendar days from the day on which they received the Product. After this period, Product returns will no longer be accepted. 

11.2  To exercise the right of withdrawal, in accordance with the abovementioned time limit, the Customer must fill in the relevant withdrawal form (available here) by entering the order number and the e-mail address through which the purchase was made, as well as the Product and/or Products to be returned. The burden of proof concerning the exercise of the right of withdrawal in accordance with this Article is on the Customer.

11.3  The right of withdrawal may only be exercised by the Customer and in no case by the recipient of a Product as a gift. 

11.4  When exercising the right of withdrawal, the Customer may select the return method that best suits their needs, from among:

(i)    free return by a courier selected by Ambush; or

(ii)   paid shipment (to be paid by the Customer) by courier or other carrier selected by the Customer.

11.5  The Product must be returned without undue delay and in any event within 14 (fourteen) days from the date on which the Customer notified Ambush of its decision to withdraw from the Agreement. The Customer bears at their own expense only the direct cost of returning the Product in the situation under Article 11.4(ii). The Products must be returned according to the following conditions: 

(i)    the Products must be returned in their original packaging, with their original package and labelling (including boxes, accessories, tags, labels and dust bags);  

(ii)   the Products must not have been used, washed or damaged;

(iii)  the right of withdrawal applies to the Product in its entirety and not to its individual parts (e.g. buckles, laces, etc.);

(iv)  the shipment, until received by Ambush, is under the Customer’s liability.

11.6   After receipt of the returned Product and verification of its fitness by Ambush or persons appointed by Ambush, Ambush shall send the Customer an e-mail confirming that the return has been accepted (the “Return Confirmation”).

11.7  Following the Return Confirmation, Ambush shall reimburse all payments received from the Customer, including any shipping costs, without undue delay and in any event within 14 (fourteen) days from the day on which the Company was informed of the decision to withdraw from the Agreement. The Customer receives a full refund of the Price by the same method that was used to make the payment, with different timing depending on the payment method originally selected and the bank circuit in question. It is understood that in case of returns by paid shipment by courier or other carrier selected by the Customer pursuant to Article 11.4(ii), Ambush may withhold the refund until it receives the Products or until the Customer has showed that they have sent the Products (whichever is sooner), pursuant to Article 56 (3) of the Consumer Code, and liability for loss of or damage to the Products during transport remains entirely with the Customer.

11.8  It is understood that the right of withdrawal also applies to Products purchased on sale or during fire sales or other promotional periods. 

11.9  The right of withdrawal is excluded for tailor made or otherwise customised Products referred to in Article 8, pursuant to Article 59(c) of the Consumer Code. 

11.10 The right of withdrawal is excluded for Products in the beauty (such as make-up articles) and underwear lines and for earrings without their original seals/protections, which are therefore deemed to have been opened and/or worn after delivery. These Products may not be returned for hygiene reasons and/or reasons otherwise related to the protection of health pursuant to Article 59(d) of the Consumer Code.

12.   Intellectual Property

12.1  Ambush guarantees the authenticity and high quality of all Products offered for sale through the Website. All intellectual property rights (for example and without limitation, the “Ambush” trademarks both denominative and figurative) on or relating to the Products and their accessories and packaging are and remain the exclusive property of Ambush. 

12.2  The Customer does not acquire any rights to Ambush’s intellectual property rights by reason of and under the Agreement and/or these General Terms and Conditions. Total or partial reproduction, modification, alteration or any other use of Ambush’s intellectual property rights without Ambush’s prior written consent is strictly prohibited.

13.   Personal data protection

13.1  The Customer’s personal data collected by Ambush in the course of conclusion or performance of the Agreement will only be processed in accordance with Ambush’s privacy policy (hereinafter the “Privacy Policy”) available here.

13.2  In accordance with the Privacy Policy, the Customer’s personal data (including those contained in correspondence with the Company by e-mail or by other instant messaging channels) are processed by Ambush for the period of time strictly necessary to achieve the purposes for which they were collected and stored for the entire duration of the contractual relationship and, upon its termination, for the period of time allowed by the rules on statute of limitations.

14.   Notices

14.1  For any needs, the Customer may contact Ambush’s customer service (the “Customer Service”), by contacting the staff at +442045716884. The Company can be contacted at any time by e-mail by filling in the form available here or by writing to ecommerce@ambushdesign.com. Moreover, the FAQ section on the Website can be consulted for immediate answers to frequently asked questions about online shopping experiences.

14.2  Ambush responds to Customer enquiries as soon as possible, using the contact channel chosen by the Customer or another address indicated by the Customer in the Order. It is understood that correspondence sent by the Customer to other addresses and/or through communication channels not specified in this Article will not be deemed to have been properly received and will not be accepted. 

15.   Changes and Updates

15.1  Ambush reserves the right to periodically review and amend these General Terms and Conditions to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant regulations and legal requirements, and changes in its system capabilities. 

15.2  Each Agreement will be governed by the General Terms and Conditions in force at the time of its conclusion. Any changes or updates are duly published on the Website and/or notified to the Customer and will be effective immediately from the date of their publication and/or notification for Orders placed thereafter.

16.   Miscellaneous Provisions

16.1  Failure to exercise or late exercise of a right under the Agreement and/or these General Terms and Conditions does not constitute a waiver thereof.

16.2  Should any of the provisions of these General Terms and Conditions be invalid, ineffective or unenforceable for any reason, that provision will be considered as severed from these General Terms and Conditions and the remaining provisions contained therein will be perfectly valid and effective and will not be affected by the invalid, ineffective or unenforceable provision.

16.3  The Agreement is binding on both Parties and their respective successors and assigns. Ambush may transfer, assign, sub-contract or otherwise dispose of the Agreement, or any of its rights or obligations under it, at any time during its term, subject to the obligation to ensure an effective level of protection of the Customer’s rights at least equal to that guaranteed under the Agreement.

17.   Applicable Law and Jurisdiction

17.1  These General Terms and Conditions and the individual Agreements are governed by and must be construed in accordance with the laws of Italy. 

17.2  Any disputes arising in connection with these General Terms and Conditions and/or individual Agreements shall be submitted to the territorial jurisdiction of the competent court in the place of the Customer’s residence or domicile.

17.3  Customers residing in a European Union Member State have the possibility to have recourse to the platform established by the European Commission for the settlement of disputes relating to distance selling contracts (“ODR platform”). The Customer and the Company may resolve disputes relating to purchases made under these General Terms and Conditions through the ODR Platform with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.