CONDITIONS APPLICABLE TO THE SALE OF GOODS REQUIRING A FORMAL ACCEPTANCE

AS DESCRIBED HEREUNDER

The use of the remote sales process described in these general conditions applicable to the sale of goods made subject to a formal acceptance (as defined under art. 10. hereunder) is reserved exclusively for consumers as defined in art. L.010-1 1) of the Luxembourg Consumer Code (the “Consumer Code”) and only if the products are delivered within the Luxembourg territory (defined below for brevity “Customer” or “Customers”).

1. Scope of application

These general conditions govern the sales made subject to a formal acceptance of products of Max Mara, Weekend Max Mara, Sportmax, Leisure, Studio, ‘S Max Mara, Marina Rinaldi, Persona by Marina Rinaldi (hereinafter referred to as the “Max Mara products” and/or the “product(s)”), concluded remotely between the Customer and the stores indicated under art. 12 hereunder (hereafter the “general conditions of sale”). These general conditions of sale must be carefully examined by the Customer before completion of the remote ordering procedure for the abovementioned products.

It is understood that the entering of the credit/debit or prepaid card information into the link for the payment pre-authorisation and their transmission by clicking on the button “Order with an obligation to pay” implies the total and absolute knowledge of these general conditions of sale and their full acceptance. Any departure from these general conditions of sale will have effect only if agreed in writing between the parties.

2. Identification of the seller

MAX MARA INTERNATIONAL S.A. having its registered office at L-2449 Luxembourg, 17, Boulevard Royal, registered with the Luxembourg Trade and Companies Register under number B41757, acting through its Luxembourg branch Max Mara International S.A.- Succursale de Luxembourg, having its registered office at L-1660 Luxembourg 52, Grand Rue, Tel: +352 26 200 212, email address: administration@maxmara.lu, VAT Number: LU24023827, Trading License n. 10077863, (hereinafter referred to as: “Max Mara”).

3. Information concerning the products

Information relating to the Max Mara products likely to be sold remotely and sent through a communication by email as referred to in art. 4., is provided in accordance with current law and, in particular, with article L.111-1 of the Consumer Code.

4. Ordering of the products

These general conditions of sale have been sent to you following your declaration of intent to purchase, subject to formal acceptance, the selected products, as agreed by phone. In the “Order” section of this email, you will find the order number and information about the products selected and agreed with the sales staff, the retail price of each product and the total price of the selected products, the shipping address and the method of payment as well as the indicative delivery times.

The total amount of any single order may not exceed the total amount of Euro 10.000.-

The order will be sent to Max Mara upon conclusion of the order procedure and after you having entered your payment information via the payment pre-authorisation link, by clicking the button “Order with an obligation to pay”. The information will be stored in the Max Mara orders safekeeping database, for the time provided by law.

The Customer’s order may be refused in the event of the following: errors in the information provided by the Customer; depletion of available stocks of products; insufficient guarantees of solvency; the ordert not being consistent with normal consumption patterns (this requirement applies both to the number of products purchased in a single order and to the case of multiple orders relating to the same product, even if each order comprises a quantity of products consistent with normal consumption patterns); or for reasons of force majeure.

If the order cannot be accepted, Max Mara will promptly give notification of any inability to process the order followed by the immediate release of the amount blocked for payment.

5. Product pricing

The price of the product indicated in the communication referred to in art. 4. relates to each item, is expressed in euros and is inclusive of VAT. Max Mara will be responsible for the payment of all levies, taxes, charges and/or shipping costs and of the eventual return of the product, as well as delivery expenses upon exercise of the right of withdrawal.

6. Payment conditions

Payment by the Customer may be made only with the following credit/debit cards (including prepaid cards):

  • Visa/Visa Electron

  • Mastercard

  • Maestro International

  • America Express

The total amount of the order is blocked on the credit/debit or prepaid card from the time of submission of the order to Max Mara (when the Customer selects “Order with an obligation to pay”), with simultaneous acceptance by Max Mara, pursuant to art. 4., and the start of preparation of the products for shipment. In order to prevent Internet fraud, the payment made via the “payment pre-authorisation link”, found in the notification referred to in art. 4, is managed online by the bank that handles the Customer’s credit/debit or prepaid card, through the tools offered by Cybersource. Cybersource and/or its affiliates are responsible for the storage and automatic processing in a protected environment of the information in each order, including the details of the credit/debit or prepaid card used.

For payment purposes, the Customer must:

  • Indicate, through the use of the link included in the notification referred to in art. 4., the details of the holder of the credit/debit or prepaid card used for the purchase; then, on the same site, forward the 16digit number, the expiry date and card security code.

7. Payment pre-authorisation

The Customer is aware that the entering of the credit/debit or prepaid card information and the confirmation of the payment pre-authorisation entails acceptance of these general conditions of sale and the subsequent sending of the selected products to the Customer.

Following the provision of the credit/debit or prepaid card information and the confirmation of the payment pre-authorisation, the amount corresponding to the price of the product(s) will be temporarily blocked on the Customer’s credit/debit or prepaid card in order to ensure payment of the price to Max Mara in case of acceptance, and return of the goods in the case of refusal of the order as mentioned under art. 10. hereunder.

The amount corresponding to the price of the products will be temporarily blocked until the Customer has expressed his/her acceptance of the sale (and in this case the relevant amount will be charged to the credit/debit or prepaid card) or, in case of partial or complete refusal of the order, until the Customer returns the products intact in accordance with art. 14.

The payment pre-authorization does not generate any movement on the credit/debit or prepaid card; the payment will be charged only after the sale has been concluded (for more clarification about the conclusion of the sale see art. 10. hereunder).

N.B. The Customer has 48 hours to confirm his/her personal data and credit/debit or prepaid card details and to confirm the order. After this time, the payment pre-authorization link will expire and a new email will be necessary to confirm the order and receive the selected products. 

If the charge on the credit/debit or prepaid card cannot be processed because of incorrect data entry by the Customer or for other technical reasons that will be communicated to the Customer by the payment service provider, the Customer will not be able to conclude the ordering procedure by clicking the button “Order with an obligation to pay”. If the Customer decides to leave the payment page in the manner specified by the payment service provider, he/she will be redirected to a page where the inability to complete the order will be displayed.

8. Delivery

Products will be delivered exclusively within the Luxembourg territory, to the address indicated by the Customer, only after proper execution of the order payment pre-authorisation forwarded to Max Mara. The Customer may not request delivery of the items to PO boxes and/or similar destinations. In accordance with the provision of art. L.213-2 (1) of the Consumer Code, Max Mara will ensure delivery of products without delay and in any event no later than 30 days from the day when the Customer submitted the order. If the recipient or in case of another authorized person to receive the delivery of the products at the time of the delivery attempt cannot be reached, the express courier will make a further attempt to deliver on the following day. If the second attempt is not successful, the products ordered will be returned to the sender. The Customer Service will contact the Customer to agree on whether to proceed to a new proposed sale. The amount pre-authorised and held on the credit/debit or prepaid card will be, in this case, unblocked.

9. Delivery costs

Delivery is free for all selected items.

10. Formal acceptance of the sale by the Customer and conclusion of the sale

From the date of delivery of the products, the Customer will have 3 calendar days for contacting by phone or by e-mail the store staff and inform whether he/she decides to buy all the products or only some of them, or return all products or only some of them to the store.

If the Customer makes no communication within the above 3 calendar day period and without prejudice to his rights as exposed under art. 12 hereunder, the products shall be deemed approved by the Customer and the sale concluded.

If the Customer contacts the store staff within the above period and declares his/her decision to buy all the products ordered, Max Mara will send an email summary of the Customer’s final decision and the sale will be concluded pursuant to article 1583 of the Luxembourg Civil Code.

If, however, the Customer contacts the store staff within the above period and announces his/her decision to buy only part of the products ordered, Max Mara will then resend an email summary of the Customer’s final decision. From the time of receipt of the summary email, the Customer will still have 2 calendar days to confirm or refuse the content of the email and express his/her final approval. If the approval is given, the order will be considered as being confirmed and the sale will be concluded pursuant to article.1583 of the Luxembourg Civil Code. If the Customer does not express an opinion within this further deadline of 2 calendar days, and without prejudice to his rights as exposed under art. 12 hereunder, the order shall be deemed confirmed and the sale concluded.

Following the partial or total confirmation of the order in express or tacit form, the relevant amount will be charged to the pre-authorized credit/debit or prepaid card.

11. Return of products

If the Customer intends to return one or more or all of the products, Max Mara will instruct the express courier that delivered the products to collect them from the same delivery address.

12. Right of withdrawal

The Customer may exercise the right of withdrawal with respect to products purchased, pursuant to art. L.222-9 of the Consumer Code, within 14 (fourteen) calendar days from the day of conclusion of the sale, in accordance with art. 10. of these general conditions of sale.

The Customer may exercise his/her right of withdrawal, without providing reasons:

  • free of charge, by delivering the products purchased to the store where the products have been sold;

  • if the Customer does not intend to use the in-store returns process, at the Customer’s expense according to article L.222-10 of the Consumer Code by notifying his/her intention of withdrawal by e-mail to the store where the products have been sold and returning the goods to the same store, at the following address:

  • for the products purchased from the Max Mara store at the following address: Max Mara Luxembourg - 52, Grand Rue, L-1660 Luxembourg. Email address: mm.luxembourg@maxmara.be

  • for the products purchased from the Marina Rinaldi store at the following address : Marina Rinaldi Luxembourg – 25 Rue Philippe II, 2340 Luxembourg. Email address: mr.luxembourg@mmfgshops.com.

The Customer must return the products in pristine condition and accompanied by the label and all the documentation received.

If the exercise of the right of withdrawal meets the above conditions, the refund of the value of the returned products, equivalent to their purchase price, will be made by credit/debit or prepaiding the amount paid by the Customer, without undue delay from the date of receipt of the products at one of the above mentioned stores where the products have been sold, upon provision of the Customer’s name, surname and IBAN at the store. If the Customer has chosen to return the products by courier delivery, Max Mara will make the refund, without undue delay, using the same means of payment as used by the Customer/consumer in the initial transaction, unless another means of payment is expressly agreed with the Customer/consumer and provided that this does not cause any additional costs for the Customer/consumer.

13. Returns following the right of withdrawal 

In the event of exercise of the right of withdrawal, the Customer must return the products without delay and in any case within 14 days from the exercise of right of withdrawal as referred to in art. 12 above.

To this end, the Customer may return the products free of charge, by delivering the purchased goods to the store where the products have been sold not later than 14 days from the date of conclusion of the sale, in accordance with art. 10.

13.1 Integrity conditions for returns

In accordance with art. L.222-10 of the Consumer Code, the Customer is liable for any decrease in the value of the goods returned by the Customer, resulting from any use of the goods not made in accordance with normal care. Goods are considered to have been used beyond normal care when such use has been beyond what is necessary to establish their nature, characteristics and functioning (e.g. when labels have been removed, when the garment has been worn and not just tried on). Consequently, during the withdrawal period, the Customer must examine and test the products with care and due diligence and within the limits that would be appropriate in a physical store.

An item can be returned only if it is in the same condition as when it was received. The Customer must therefore ensure that:

  • the item has not been used or damaged during the trial;

  • the item has not been soiled or subject to washing;

  • the item retains all tags, labels, warranty seal affixed to the garment during quality control and original finishes;

  • the item has not been changed in any way whatsoever.

In particular, we draw the Customer’s attention to the fact that all types of items sold in their own box (for example, shoes or small accessories) must be returned in the original packaging, which is considered to be an integral part of the item.

If the good is returned damaged, incomplete, deteriorated and/or in conditions of use not in accordance with normal care, the Customer will be charged for the amount equal to the decrease in value of the product, without prejudice to the right of withdrawal. In this case, Max Mara will, upon receipt of the good , promptly notify the Customer of the damage and non-conformities acknowledged in receiving the article. The amount charged to the Customer, which in any case shall not exceed the purchase price of the product, will be deducted from the refund due to the Customer.

If you have any queries please contact our Customer Service lines, and for information regarding the shipment and/or the delivery of the order you can also contact the Customer assistance service via the UPS website.

13.2 Quality control

We want to inform our Customers that Max Mara submits its garments and the materials used for their manufacture to strict quality controls, to ensure that they are in perfect condition when sold. Furthermore, to afford greater protection for persons making remote purchases, every single item shipped is inspected before shipment.

13.3 Replacement of products

The products purchased can be replaced, upon request by the Customer, within 14 days from the date of receipt of the products ordered, with other products of the same model but of a different size and/or colour, by using the same return procedures as described in the articles above.

The Customer can exercise the right of withdrawal also on the replaced products, by following the same procedures outlined in previous articles. The term for exercising the right of withdrawal shall begin from the date of receipt of the replaced product.

14. Conformity - Guarantee

With regard to the guarantee of conformity of the product purchased, the sale of the Max Mara products regulated by these general conditions entitles the Customer to the legal guarantee of conformity provided for by law and in particular by articles L.212-1 and following of the Consumer Code and articles 1641 and following of the Luxembourg Civil Code.

Pursuant to article L.212-6 of the Consumer Code, in case of lack of conformity, the Customer benefits from a 2 (two) year period from the delivery of the good to denounce the lack of conformity of the good to the Seller.

In accordance with article L.212-5 of the Consumer Code, the Customer may choose between returning the good to the Seller and have the price returned or keeping the good and have a part of the price reimbursed.

In the case of reception of a non-conforming product or a product other than that ordered, the Customer must make the product in question available to Max Mara, and the product must remain intact and unremoved the numbered warranty seal as affixed to the garment at the time of quality control prior to shipment.

In no circumstances may requests for tailoring adjustments to the purchased garments be fulfilled, as they are excessively expensive for Max Mara.

Likewise, there will be no refund of any costs incurred if the Customer independently makes tailoring adjustments and/or modifications to the purchased garments, which will remain the sole responsibility of the Customer.

15. Complaints - Communications - Information

For any information or complaint, or for any communication regarding these general conditions of sale, or for orders and/or Max Mara products, the Customer may contact Customer Service using the contact details shown in this email.

The Customer may contact Customer Service free of charge via email by filling out the form, or by calling the appropriate phone number, which is active from Monday to Friday.

Please be informed that if the Customer decides to use any channel or form of communication (for example: paper-based mail, fax, calls to a paid phone number referable to Max Mara etc.) other than those described above, Max Mara will not in any case be obliged to refund costs incurred by the Customer for the use of such means of communication.

16. Privacy and personal data protection provisions

The collection and processing of data is carried out for the management and execution of present and future purchase orders and in particular for the fulfilment of obligations under these general conditions of sale.

A copy of the Privacy Policy can be found at www.maxmara.com.

17. Force majeure

The performance of the services by the Max Mara company may be suspended in the event of unforeseeable circumstances or force majeure that prevents or delays the performance. Such events are considered to be those beyond the control of Max Mara and which the latter could not reasonably expect to have occurred at the time of conclusion of the sales contract, such as, but not limited to, pandemics, epidemics, war, riots, insurrections, industrial strikes and Max Mara supply problems attributable to third party providers. Max Mara will inform the Customer of the occurrence of unforeseeable circumstances or force majeure within 7 (seven) days of the occurrence thereof. If the suspension of the service endures for a period of more than 15 days, the Customer will have the right to cancel the order and will be refunded for amounts already paid.

18. Applicable law and court with jurisdiction

These general conditions of sale are governed by Luxembourg Law.

In the event of disputes concerning these general conditions of sale, the Customer is informed that he/she can have recourse to the online dispute resolution (ODR) platform for consumers pursuant to EU Regulation 524/2013 and the Luxembourg Law dated February 17, 2016   adopted in implementation of EU Directive 2013/11. This platform is active at the following web address:

https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.

In accordance with the provisions of the Consumer Code, in the event of a dispute concerning these general conditions, the Customer/consumer may contact one of the following institutions:

  • The Luxembourg consumer Association (Union luxembourgeoise des consommateurs – ULC)

  • The European Consumer Center (Centre européen des consommateurs)

  • The national Mediator of consumption (Service national du Médiateur de la consommation) 

The Customer in any case has the right to recourse to ordinary means for the settlement of disputes arising from the interpretation, validity and/or execution of these general conditions of sale, and in this case the mandatory territorial jurisdiction will be the court of the Customer’s/consumer’s place of residence or domicile.