MAX MARA LIMITED:
TERMS AND CONDITIONS FOR DISTANCE (NON-ONLINE) SALES
OUR TERMS
1. THESE TERMS
1.1 What these Terms cover. These Terms are the terms and conditions on which we supply “Max Mara”, “Weekend Max Mara”, “Sportmax”, “Marina Rinaldi”, and “Persona by Marina Rinaldi” products (“Products”) to you in the UK only, through our UK stores.
1.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Max Mara Limited, a company registered in England and Wales. Our company registration number is 02024802 and our registered office is at 33 Wigmore Street, Second Floor, London, W1U 1QX, Phone Number 0207 518 8010, VAT number 444097053.
2.2 How to contact us. You can contact us by telephoning our team on 020 7518 8010, or our stores, as follows:
- Max Mara, 19 – 21 Old Bond Street, London, W1S 4PU, telephone number 020 7499 7902, email: mm.london@mmfgshops.com;
- Max Mara, 23 Multrees Walk, St Andrews Square, Edinburgh, EH1 3DQ, telephone number 0131 557 1758, email: mm.edinburgh@mmfgshops.com;
- Weekend Max Mara, 218 Westbourne Grove, London, W11 2RH, telephone number 020 7229 2253, email: we.westbourne@mmfgshops.com;
- Weekend Max Mara, Unit 2022, Ariel Way, Shepherd's Bush, London W12 7GF, telephone number 020 8746 0935, email: we.westfield@mmfgshops.com; and
- Marina Rinaldi, 5 Albemarle St, Mayfair, London W1S 4HF, telephone number 020 7629 4454, email: mr.londontownhouse@mmfgshops.com.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, the order exceeds the sum of £10,000, payment on your debit and or credit card is rejected, your order is not consistent with that of a consumer (for example, a large number of the same or different Products or multiple orders relating to the same Products), you have asked for delivery to a PO Box or similar or to an address outside of the UK, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the Products attached to our communications with you are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or a picture of the Products accurately reflects the colour of the Products. Your Products may vary slightly from those images.
4.2 Quality Control. The Products are subject to strict quality controls to ensure that they in perfect condition when sold. Furthermore, to afford greater protection to you, when selling pursuant to these Terms, every single Product is inspected before delivery.
5. PROVIDING THE PRODUCTS
5.1 Delivery costs. The costs of delivery will be paid by us.
5.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. We will deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
5.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
5.4 Collection by you. If you have asked to collect the Products from one of our stores (see Clause 2.2 for the addresses of our stores), you can collect them from us by contacting the relevant store and arranging a collection date and time.
5.5 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our UPS carrier will leave you a note informing you of how to rearrange delivery or collect the Products. For information regarding shipment and/or delivery of the order you can also contact customer service via the UPS website.
5.6 If you do not re-arrange delivery. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 8.2 will apply.
5.7 Your legal rights if we deliver Products late. You have legal rights if we deliver any Products late. If we miss the delivery deadline for any Products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the Products; or
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
5.8 When you become responsible for the Products. The Products will be your responsibility from the time we deliver the Products to the address you gave us or you or a carrier organised by you collects it from us.
5.9 When you own the Products. You own the Products once we have received payment in full.
5.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, your full name, and address in the UK (we will not accept orders for delivery to PO Boxes and or similar destinations). If so, this will have been told to you in the course of email exchanges. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see Clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 6.2;
(c) If you have just changed your mind about the Product, see Clause 6.3. You may be able to get a refund if you are within the cooling-off period.
(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 6.7.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see Clause 5.7).
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For Products bought by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
6.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
6.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the Products, unless your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
6.6. What if the size or colour of the Products is wrong? For a period of up to 14 days after receipt of the Products ordered, you may request their replacement with others of the same model, but in a different size and/or colour, by using the same returns procedures (and be entitled to a refund, if applicable) as described in these Terms. You can also exercise the right to change your mind about the replacement Products as set out in Clause 6.5 (How long do I have to change my mind?) following the same procedures set out in these Terms. We confirm that the 14-day period as set out in Clause 6.5 for exercising the right to change your mind shall begin from the date of your receipt of the replacement Products.
6.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for the Products is completed when the Product is delivered, and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us using the relevant store email address (see Clause 2.2). Please provide details of your order number, what you bought, when you ordered or received it, and your name and address.
(b) By post. Write to us at 33 Wigmore Street, Second Floor, London, W1U 1QX, including details of your order number, what you bought, when you ordered or received it, and your name and address.
7.2 Returning products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, or allow us to collect them from you. Please call or email us at the relevant store, the details of which are set out in Clause 2.2. to obtain a return label and to arrange collection. If you are exercising your right to change your mind you must either return the Products to one of our shops or allow us to collect them from you within 14 days of telling us you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
7.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.
7.5 How we will refund you. We will refund you the price you paid for the Products, by the method you used for payment. However, we may make deductions from the price, as described below.
7.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop (for example, when labels, tags, warranty seals have been removed, when the original packaging of certain Products (for example, shoes, small accessories) is not returned, when a Product has been worn and not just tried on, when a Product is altered, when a Product is soiled or requires washing).
- If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If we have not offered to collect the Products from you, your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return a Product to us, see clause 7.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8. OUR RIGHTS TO END THE CONTRACT
8.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example;
- your full name and address; or
- your credit or debit card details; or
- the size and colour of the Products.
(b) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 8.1, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3 We may no longer have available the Product. We may write to you to let you know that we are unable to provide the Product. We will notify you promptly of our being unable to supply the Product and will refund any sums you have paid in advance for Products which will not be provided.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone or email the relevant store using the contact details set out in Clause 2.2.
9.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says the Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
- up to 30 days: if your Products are faulty, then you can get an immediate refund.
- up to six months: if your Products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.
See also Clause 6.3.
9.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, or allow us to collect them from you. We will pay the costs of collection. Please call or email the relevant store using the contact details set out in Clause 2.2 for a return label or to arrange collection.
10. PRICE AND PAYMENT
10.1 Where to find the price for the Products. The price of the Products (which includes VAT) will be the price as told to you in the course of email exchanges. We take all reasonable care to ensure that the price of the Products advised to you is correct. However please see Clause 10.3 for what happens if we discover an error in the price of the Products you order. We confirm that we will be responsible for the payment of any additional charges, as well as delivery expenses, upon exercise of your right to end the contract with us.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
10.4 When you must pay and how you must pay. We accept payment with the following credit and debit cards:
- Visa/Visa Electron;
- Mastercard; and
- Maestro International;
You must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
10.5 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at Clause 9.2 and for defective Products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy at www.maxmara.com.
13. OTHER IMPORTANT TERMS
13.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
13.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
13.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.4 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
