General terms and conditions for consumer sales
Right to withdrawal
General terms and conditions for consumer sales
- Scope of the General Terms and Conditions for consumer Sales
- These General Terms and Conditions for consumer Sales (the "GTC") shall apply to the sale and supply of products (the “Product(s)”) by MADEM PARIS S.R.L. (hereinafter “MADEM”) to its customer(s) (the “Client(s)”) through the website mademparis.com (the “Website”).
- The sale of Products is limited to “consumers”, i.e. individuals acting for purposes which are outside their trade, business or profession. By submitting an Order, Client declare to act outside his/her trade, business or profession.
- Orders and Formation of the Agreement
- Clients may place their orders of Product(s) exclusively in electronic format following the guided procedure and the relevant instructions available on the Website (the “Order(s)”). MADEM reserves the right not to process Orders (a) received from users who are not “consumers”, or (b) which are incomplete or incorrect, or (c) in case the relevant Product(s) are not available, or (d) in case the relevant payment has not been confirmed by the relevant payment institution, or (e) which does not comply with MADEM's business policy. In the above cases, MADEM will inform the Client that the Order has not been accepted.
- All Orders must be pre-paid.
- In case prior to their shipping, the ordered Product(s) are no longer available, MADEM will inform the Client and the Agreement will be deemed as terminated. In such a case, MADEM shall reimburse the amount already paid by the Client (If any) with the exclusion of any other claim/responsibility.
- Upon receipt of the Order, MADEM shall notify (by email or otherwise) the Client the receipt of the Order, providing a summary of the selected Products, their respective prices (including delivery costs and any additional charges), the delivery address, the order number, and the GTC.
- Clients’ Termination Rights
- The Client has the right to terminate its Agreement with MADEM concerning Product(s) purchased on the Website, without any penalty and for any reason whatsoever, by giving written notice to MADEM thereof within fourteen (14) calendar days of the Client’s receipt of the Products (or, in case of multiple shipping, of the Client’s receipt of the last shipped Products). Client may use the Return Form [firstname.lastname@example.org] consistent with the form provided under Article 49, paragraph 4 of the Italian Consumers Code (“Codice del Consumo”).
- Upon the termination of the Agreement, the Client shall return the Products to MADEM within fourteen (14) calendar days of the date of the termination notice, without costs for the Client (provided that the Consumer choose the carrier indicated by MADEM).
- Return of Products
- In case the Client terminates Agreement or intends to return any of the Products:
- Products must not be used, wore, washed or damaged;
- the identification tag must be attached to the Products together with the seal which are integral parts of the PRODUCTS:
- Products must be returned in their original packaging;
- Products must be delivered within (14) days from the date of the termination or return notice.
- In case the above terms and conditions are not fulfilled, Client will lose the right to obtain the entire reimbursement of the amounts paid to MADEM as the Client will be responsible for the decrease of the value of the returned Products.
- Following the return of the Products, MADEM will perform the necessary check relating to the compliance of the same Products with the terms and conditions provided herein. In case of a positive conclusion of the conformity check, MADEM will send to the Client, by email, the relevant confirmation of the acceptance of the returned Products. In case of a negative conclusion of the conformity check, MADEM will inform the Client, by email, of the decrease of the value of the returned Products arising out of Client’s breach of the conditions provided herein. At the same time, MADEM will inform the Client of the amount that will be deducted from the amount paid to purchase the returned Products.
- The entire or partial reimbursement will be made by MADEM as soon as possible and in any case within (14) days from the date on which MADEM became aware of the exercise of Client’s right of termination, upon the prior verification of the returned Products.
- MADEM will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.
- Product’s features and prices
- The Website displays the main features of the Products. The images on the Website may not exactly correspond to the Products, in terms of image and colors due to the internet browser or monitor used.
- Products’ prices are subject to change. Clients will be charged the price appearing on the Order confirmation page. In case an error occurs in displaying a price, MADEM will inform the Client, terminate the Agreement and reimburse the amount already paid by the Client (If any) with the exclusion of any other claim/responsibility.
- Products bear an identification tag attached with a disposable seal. When trying on the Products, Clients should not remove or alter the tag or seal from the Products. In case the Clients exercises its termination rights and/or it returns a Product, MADEM may not accept the return or reimburse the amounts paid for the purchase, in relation to such Products which are lacking of their tag or that are altered in their main characteristics or in their quality or that are damaged.
- Delivery of the Products
- Unless otherwise expressly indicated, delivery terms are not binding. Accordingly, the Client shall not be entitled to terminate the Agreement or claim damages for delays in the delivery of Products.
- The Client acknowledges that MADEM’ name, trademark and logo, as well as Products’ names, trademarks and logos, are the sole and exclusive property of MADEM. The Client shall not use such names, trademarks and logos without the prior written approval of MADEM.
- Data Protection
- Each reference made to price-lists, to the GTC or to any other MADEM’ material shall be deemed as made to the documents in force at the time reference is made, unless otherwise specified; the corresponding texts previously in force between the parties shall be deemed superseded. MADEM may amend its own price-lists, GTC and any other material without prior notice. Any term is to be intended in calendar days/months, unless otherwise expressly provided.
- Nothing in these GTC affects Client’s applicable statutory rights under any applicable law.
- The GTC may be amended from time to time due to new laws and regulations or other reasons. The new GTC shall be effective as of the date of publication on the Website.
- Governing Law
- These GTC are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.
You may request to exchange the Product(s) you purchased on the Website using the online form subject to the following conditions:
- Product exchange shall only apply to purchased Products for which this possibility is expressly specified on the Website;
- you may only request the replacement of one or more purchased Products with Products of the same model, but in a different size and/or colour. The available replacement options will be indicated in the online form;
- you may request to exchange one or more purchased Products within and not later than fourteen (14) calendar days of the day you receive the Products, by filling in the online form and sending it via electronic means to MADEM within the aforementioned deadline. The Products to be replaced should be returned within fourteen (14) calendar days of the day you received them;
- you may only submit a single replacement request for each Product purchased;
- the Products for which you request the replacement must be returned to MADEM in their original packaging, they must not have been used, worn, washed, modified or damaged, and they must still have their identification tag attached with the disposable seal;
- the Products to be exchanged that are part of a single Order must be returned to MADEM in a single shipment. MADEM reserves the right to refuse Products of the same Order that are shipped for replacement in different stages.
If all the above conditions are correctly fulfilled, once you have filled in and transmitted the online form, MADEM will process said request by sending you a relevant confirmation email.
Deadlines and procedure for obtaining Products exchange
After receiving the Products to be exchanged, MADEM will inspect the Products to check that all the above requirements have been fulfilled, MADEM will then verify the actual availability of the replacement Products in its warehouses of the Products to ensure that the size and/or colour you have selected are available.
If the selected replacement Products are not available in the warehouse, MADEM will not be able to accept your request for an exchange and will refund you the original price of the Products originally purchased in accordance with the provisions of the General Terms and Conditions of Sale (“GTC”) [email@example.com].
If the selected Products are available in the warehouse, MADEM will accept your request for an exchange and will send you an e-mail confirming the shipment of the replacement Products. Shipment will occur within thirty (30) working days of the date from which MADEM was made aware of your request for exchange The costs for shipping the replacement Products shall be borne by MADEM.
You will be contacted by MADEM if your request for an exchange cannot be accepted because the above conditions have not been met. In this instance, you can have the original Products shipped back at your expense or MADEM will issue a refund in accordance with the procedures of the GTC.
All Products sold by MADEM include an identification tag attached complete with a disposable seal. Please try on the Products without removing the tag and seal. Returned Products without the tag or seal will not be accepted.
Right to withdrawal
Notice concerning Consumer’s special termination right pursuant to Article 49, paragraph 4 of the Italian Consumers Code (“Codice del Consumo”).
If, for any reason whatsoever, you are not satisfied with your Order, you may exercise your right to cancel your purchase and return purchased Products.
You must inform MADEM of your decision to cancel the Order within fourteen (14) calendar days of the date on which you received the purchased Product (or for purchases of multiple Products, the date on which you received the last Product) from our Website.
If you want to cancel your Order:
a. please correctly fill in and submit the return form [firstname.lastname@example.org];
b. make sure that you take reasonable care of the Products and that they have not been used, worn, washed, modified or damaged;
c. the identification tag must be attached to the Products with the disposable seal;
d. the returned items must be shipped back to MADEM within fourteen (14) calendar days of the date you notified MADEM of your decision to cancel.
Whatever form of payment you used, MADEM will refund you all payments received from you for such cancelled Order, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) within:
(a) where we collect the Products from you through our approved courier, fourteen (14) calendar days of when MADEM was informed of your decision to exercise your cancellation right; or
(b) where you return the Products yourself, fourteen (14) calendar days of the day we receive the returned Products or, if earlier, proof of postage from you evidencing that you have sent the Products back, within such time.
So long as you decide to use the courier indicated by MADEM in the online return form, you will not have to pay the cost for returning the Products upfront. In this case, MADEM will pay the return shipping costs for you and will deduct the cost of return postage from your refund. The fee will correspond to the original cost of shipping for the Order. However, if you choose to use a different courier or other postage method for your return, you will have to pay for the return shipping cost upfront and at your own expense in accordance with our returns instructions. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
After MADEM has received the returned Products and checked that the Products meet all requirements, you will receive an e-mail that the returned Products have been accepted. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned Products caused by your handling of the Products, save to the extent necessary to ascertain the characteristics, functions or nature of the Products.
Without prejudice to the above, the time period for refunding the amount you paid for purchasing the returned Products depends on the form of payment used:
- purchase by Credit/Debit card: refund time will depend on the credit card company’s policies. We would like to assure you, however, that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss;
- payment by PayPal: refunds will be credited to your PayPal. The actual reimbursement to the credit card associated with your PayPal account depends on the company that issued the card;
Products bear an identification tag attached with a disposable seal. When trying on the Products, you should not remove or alter the tag or seal from the Products. In case you exercise your termination rights and/or return a Product, MADEM may not accept the return or reimburse the amounts paid for the purchase, in relation to such Products which are lacking of their tag or that are altered in their main characteristics or in their quality or that are damaged.