General terms and conditions of sale

*"Remote Sale" is a service set up by MAX MARA SAS which allows the Customer to select one or more items, try them at home within a period of up to three (3) days from delivery of the products ordered, and only pay the price of the item(s) that the Customer decides to keep.

 Article 1. Scope

These general conditions govern the sale of Intrend brand products concluded remotely between the company MAX MARA SAS and any non-trading indviduals over the age of 18, who have full legal capacity, acting as consumers (hereinafter referred to as "the Customer") using the "Remote Sale" service.

They are automatically sent to the Customer by e-mail following their request, made by telephone call made to a MAX MARA SAS Store, to use the "Remote Sale" service for the products they have selected. The order will then be finalised with the Store's sales agent.

Consequently, any pre-authorisation of payment given at the time of the order pursuant to the conditions set out below implies the Customer's full and unreserved acceptance of these general terms and conditions.

Any contrary condition set by the Customer will therefore, in the absence of express written acceptance, be unenforceable against MAX MARA SAS, regardless of when it may have been brought to its attention.

Article 2. Identification of the vendor

MAX MARA SAS, Simplified Joint Stock Company with capital of €21,576,000, with registered office at 31, avenue Montaigne - 75008 PARIS. SIREN BUSINESS IDENTIFIER 315 065 300 PARIS TRADE AND COMPANIES REGISTER

 

Article 3. Information relating to product characteristics

 

The information relating to the essential characteristics of the Intrend brand products that can be sold remotely and selected by the Customer are communicated to them, at the same time as these general terms and conditions, by email pursuant to point 4 below.

 

Article 4. Product orders

 

The "Remote Sale" service can only be used within the limit of a total amount of €10,000 per "Remote Sale" and one current "Remote Sale" per person, and exclusively for products to be delivered within France.

 

A Customer wishing to use the "Remote Sale" service must first make telephone contact with one of the MAX MARA SAS Stores, inform the sales agent and finalise with them, depending on availability, the list of products that they have selected in this context and provide them with, in addition to their identity, the address to which the selected products must be sent, as well as their email address and telephone number.

 

The Customer receives an email, to their provided address, including:

· these General Terms and Conditions of Sale

 

· in the "Order" chapter, the order number, information relating to the characteristics of the products that they have previously selected, the unit price of each of these products, as well as their total price, payment method, delivery address, as well as the maximum time within which they will be delivered after prepayment.

 

· A payment pre-authorisation link via which the Customer, by entering their information and then providing their credit card information and clicking "continue", will finalise their order with MAX MARA SAS, which will send them an order confirmation email and activate preparation of the selected products for shipment.

 

Any order may be refused by MAX MARA SAS in the event of an error in the information provided by the Customer, unavailability of the selected products, insufficient solvency guarantees, abnormal order (order for a number of products which exceeds the normal needs of a consumer or abnormal flow of orders for the same product by the Customer) or due to force majeure.

In the event that the order cannot be accepted, MAX MARA SAS will inform the Customer as soon as possible that it is unable to fulfil the order and will immediately release the amount of funds reserved for payment during the payment pre-authorisation process.

Article 5. Product price

The unit price communicated in the email pursuant to Article 4 above relates to each of the products covered by the order. This price is expressed in Euros and includes VAT.

MAX MARA SAS bears the costs of shipping and possibly returning the product(s), as well as return costs resulting from exercise of the right of withdrawal provided for by law.

Article 6. Payment terms 

The Customer can only make payment using the following credit cards:

 

· Visa/Visa Electron 

· Mastercard 

· Maestro International

 

The total amount of the order is blocked on the bank account associated with the Customer's credit card as soon as the order is finalised and recorded by the sending by the Customer of the payment pre-authorisation mentioned in point 4 and the simultaneous acceptance of MAX MARA SAS.

 

In order to prevent Internet fraud, the payment made via the "payment pre-authorisation link", is managed online by the bank which issued the Customer's credit card, using tools offered by Cybersource and/or its affiliated companies, which are responsible for the storage and automatic processing, in a secure environment, of the information relating to each order, including the credit card information used.

For payment purposes, the Customer must use the link sent by email pursuant to Article 4 above, to provide information on the holder of the credit card used for the purchase and then enter, on the site itself, the 16-digit number, expiry date and security number of said card.

The Customer has 24 hours to provide their information, and then enter the 16-digit number, expiry date, and security number of their credit card. After this period, the payment pre-authorisation link sent pursuant to Article 4 will no longer be valid, and it will be necessary to send a new email to finalise the order and receive the selected products. 

If it is not possible to process the payment due to incorrect data entry by the Customer or other technical reasons which will be communicated to them by the payment service provider, the Customer will not be able to finalise the order by clicking on the "Continue" tab; The same will apply if the Customer decides to leave the payment page as indicated by the service provider, in which case they will be redirected to a page stating that it has not been possible to complete the order.

Article 7. Payment pre-authorisation

Entry by the Customer of their credit card details and confirmation of the payment pre-authorisation represent their acceptance of these general terms and conditions of sale and the sending of the selected products within the framework of the "Remote Sale" service.

Following the entering of the credit card details and confirmation of the payment pre-authorization, the amount corresponding to the price of the product(s) will be temporarily blocked on the account associated with the credit card in question, in order to guarantee payment of the price to MAX MARA SAS in the event of retention of the selected products, or the return of the selected products in the event that the Customer does not wish to keep them.

The amount corresponding to the price of the products will be temporarily blocked until the Customer has expressed their wish to purchase them (in which case the amount of the price will be debited from the credit card) or, in the event that they wish to refuse all or part of the products covered by the order, until the Customer has returned the undamaged products in accordance with the provisions of Article 14. 

The payment pre-authorization does not generate any movement on the Customer's account; it is only after finalisation of the sale pursuant to Article 10 below that payment will be made.

Article 8. Delivery

After finalisation of the order, the products will be delivered exclusively within French territory, to the address indicated by the Customer.

Any request for delivery of the products covered by the order to a post office box or other mailbox service or similar shall be rejected.

In accordance with Article L.216-1 of the [French] Consumer Code, MAX MARA SAS will deliver the products without unjustified delay and at the latest within 30 days of finalisation of the order.

In the absence of the intended recipient or another person authorised to receive the products on the courier’s first delivery attempt, they will try again the following day.

If, on this second attempt, the ordered products cannot be delivered, they will then be returned to the sender. MAX MARA SAS will then cancel the order and release the amount blocked due to the sending of the payment pre-authorisation to the bank account associated with the Customer's credit card.

MAX MARA will then contact the Customer to agree, if necessary, a new order.

Article 9. Delivery costs

For all selected items, delivery is made at no cost to the Customer.

Article 10. Conclusion of the sale

As of delivery of the ordered products to the address indicated by the Customer, the latter has a period of three (3) calendar days to contact the staff of the MAX MARA SAS Store by telephone and inform them of their decision, to either purchase some or all of the products included in the order, or to return some or all of the products included in the order.

In the absence of indications to the contrary within the period of three (3) calendar days indicated above, the Customer will be deemed to have accepted all the ordered and delivered products, and the sale, duly concluded, is therefore deemed to be final, pursuant to Article 1583 of the [French] Civil Code.

In the event that the Customer, within the period indicated above, informs the staff of the MAX MARA SAS Store with which they placed the order, of their decision to purchase all the ordered and delivered products, MAX MARA SAS sends them an email confirming the decision and listing all the items kept, and the sale of all the ordered and delivered products, duly concluded, is then deemed to be final.

If, on the other hand, the Customer, within the period indicated above, has informed the staff of the MAX MARA SAS Store with which they placed the order of their decision to purchase only some of the products included in the order, MAX MARA SAS sends them an email summarising the decision made by the Customer, listing only the products that the latter wishes to keep.

The Customer will then have a period of two (2) calendar days from the receipt of said email to confirm or reject the content thereof and send by email their final decision regarding the purchase of all or some of the products included in the order.

Upon receipt, within this period, of the Customer's email response and with regard to it, the concluded sale of all or some of the ordered and delivered products is therefore deemed to be final in accordance with the provisions of Article 1583 of the [French] Civil Code.

In the absence of a response to the aforementioned email within two (2) calendar days of receipt, the Customer will be deemed to have accepted all the ordered and delivered products, and the concluded sale,is therefore deemed to be final, pursuant to Article 1583 of the [French] Civil Code.

After partial or total confirmation of the sale of the ordered and delivered products, whether in express or tacit form, the amount corresponding to the total price of the products sold will be debited from the credit card subject to the payment pre-authorization and, after the debit has been made, MAX MARA SAS will send the Customer an electronic invoice, corresponding to the purchase made.

Article 11. Return of the products

In the event that the Customer decides to return one or more products or all the products included in the order, MAX MARA SAS will instruct the courier who made the delivery to collect the products included in the refund from the same address.

Article 12. Right of withrawal

In accordance with the provisions of Article L.221-18 of the [French] Consumer Code, the Customer has a right of withdrawal for a period of fourteen (14) days from receipt of the products, without having to justify their decision, nor to bear any costs other than those necessary for the return of their order.

To exercise this right, the Customer is required to inform the MAX MARA SAS Store with which they placed the order, before the expiry of the period of fourteen (14) days, by returning the withdrawal form attached to their order confirmation email or any unambiguous statement expressing their desire to withdraw.

The withdrawal form can be returned by the Customer:

· By email to the email address of the Store from which the order and the purchase were made,

 

· By post to the postal address of the Store from which the order and the purchase were made,

The products must not have been worn or washed and must be returned in their original packaging, with their original labels and the documentation received, accompanied by the order number and the associated name or invoice.

Attention: products returned incomplete, worn, damaged or soiled by the Customer will not be accepted.

The Customer must return the products within fourteen (14) days of communicating their decision to withdraw under the conditions defined above:

- free of charge, by returning the purchased products in person to the staff of the MAX MARA SAS Store from which the order and the purchase were made, against proof of receipt, accompanied by their withdrawal form, the purchase invoice or order confirmation for said products.

- at their own expense, if he does not intend to return the purchased products in store, by sending them by post or parcel post to the postal address of the MAX MARA SAS Store from which they ordered and purchased them, accompanied by their withdrawal form, the purchase invoice or order confirmation for said products.

MAX MARA SAS will refund the Customer for the full price of the products, within a maximum period of fourteen (14) days following the Customer's withdrawal, unless the Customer returns the items by mail or parcel post, in which case the refund will be deferred until the products are received or until the Customer has provided proof of postage of the products, the date used being that of the first of these events.

The refund will be made by crediting the account used by the Customer for the initial transaction, unless the Customer expressly agrees that MAX MARA SAS will use another payment method, and provided that it does not entail additional costs for the customer.

Article 13. Product exchanges

The Customer has the possibility of exchanging the purchased products within 14 days of receipt of their order, for other items of the same model but in different sizes and/or colours.

Any request for exchange must be made within this period:

 

· By email to the email address of the Store from which the order and the purchase were made,

 

· By post to the postal address of the Store from which the order and the purchase were made,

The products will be returned following the procedure provided for exercising the right of withdrawal.

The products must not have been worn or washed and must be returned in their original packaging, with their original labels and the documentation received, accompanied by the order number and the associated name or invoice.

Attention: products returned incomplete, worn, damaged or soiled by the Customer will not be exchanged.

The conditions of exchange are identical to those provided for exercising the right of withdrawal.

The right of withdrawal provided for in Article 12 applies, under the same conditions, to exchanged products. The period of fourteen (14) days, provided for in Article L.221-18 of the [French] Consumer Code, to exercise this right runs, in this case, from the date of receipt of the exchanged product.

Article 14. Product guarantees

MAX MARA SAS remains liable for lack of conformity of products and redhibitory defects under the conditions provided for in Articles L.217-4 et seq. of the [French] Consumer Code and Articles 1641 et seq. of the [Frech] Civil Code.

14-1 Legal guarantee of conformity

MAX MARA SAS guarantees the conformity of the goods sold with the contract.

In the event of triggering the legal guarantee of conformity:

 

· The customer has a period of two (2) years from the delivery of the goods to take action;

 

· The Customer can choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the [French] Consumer Code;

 

· The Customer does not have to provide proof of the non-conformity of the goods within the 24 months in the case of new goods (6 months in the case of second-hand goods) following the delivery of the goods.

Article L217-4 of the [French] Consumer Code

 

"The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or the installation when this is his responsibility under the contract or has been carried out under his responsibility.”

Article L217-5 of the [French] Consumer Code

 

“The goods conform with the contract:

1. If they are appropriate for the use usually expected of similar goods and, if applicable:

- if they correspond to the description given by the seller and have the qualities that the latter has presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect given public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;

2. Or if they have the characteristics defined by mutual agreement of the parties or are suitable for any special use sought by the buyer, which have been brought to the seller's attention and which the latter has accepted.”

Article L217-6 of the [French] Consumer Code

 

"The seller is not bound by the public statements of the producer or his representative if it is established that he was not aware of them and was not legitimately able to be aware of them.”

 

Article L217-7 of the [French] Consumer Code

"Defects in conformity which appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For goods sold second-hand, this period is set at six months.

The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.”

 

Article L217-8 of the [French] Consumer Code

 

"The buyer is entitled to require the goods to conform to the contract. However, he cannot challenge the conformity by invoking a defect of which he was aware about or could not have failed to notice when entering into the purchase. The same applies when the defect has its origin in the materials supplied by him.”

Article L217-9 of the [French] Consumer Code

 

In the event of a lack of conformity, the buyer chooses between the repair and replacement of the goods.

However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other method, taking into account the value of the goods or the magnitude of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.”

Article L217-10 of the [French] Consumer Code

 

"If the repair and replacement of the goods is impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same option is open to him:

1. If the solution requested, proposed or agreed pursuant to Article L.217-9 cannot be implemented within one month following the buyer's complaint;

2. Or if this solution cannot be implemented without major inconvenience for him given the nature of the goods and the intended use.

However, the cancellation of the sale cannot be imposed if the lack of conformity is minor.”

Article L217-11 of the [French] Consumer Code

"The provisions of Articles L217-9 and L217-10 are applied at no cost to the buyer.

These same provisions do not preclude the award of damages.”

Article L217-12 of the [French] Consumer Code

 

"The action resulting from the lack of conformity is time-barred to two years from the delivery of the goods.”

 

14-2 Legal guarantee against hidden defects

 

In accordance with Articles 1641 et seq. of the [French] Civil Code, the seller is liable for any hidden defects that may affect the sold goods. It is the responsibility of the Customer to prove that the defects existed at the time of sale of the goods and that they are of such a nature as to render the goods unfit for the use for which they are intended.

This guarantee must be triggered within two (2) years of discovery of the defect.

The Customer can choose between cancellation of the sale or a reduction of the price in accordance with Article 1644 of the [French] Civil Code.”

 

Article 1641 of the [French] Civil Code

 

"The seller is bound by the guarantee on account of the hidden defects in the sold item which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have purchased it, or would have paid less, if he had known about them.”

 

Article 1642 of the [French] Civil Code

 

“The seller is not liable for apparent defects which the buyer could discover for himself.”

 

Article 1643 of the [French] Civil Code

 

"He[the seller] is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee.”

Article 1644 of the [French] Civil Code

"In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded to him, or of keeping the item and having part of the price refunded to him, as arbitrated by experts.”

 

Article 1648 paragraph 1 of the [French] Civil Code

“The action resulting from the redhibitory defects must be brought by the purchaser within two years of discovery of the defect.”

 

In the event of receipt of a non-compliant product or a different product from that which was ordered, the Customer undertakes to make the product in question available to MAX MARA SAS with its numbered guarantee seal, as it was affixed to the garment at the time of pre-shipment quality control, undamaged.

In view of their excessive cost, no request for modification of the seams of the purchased products can be authorised.

Similarly, MAX MARA SAS will not reimburse any costs for alterations, adjustments or other modifications that the Customer deems useful to make to the purchased products, these being at their sole expense.

Article 15. Complaints - Communication - Information

For any information or complaint, or for any communication relating to these general terms and conditions of sale, orders and/or Intrend brand products, the Customer may contact the Store from which the order or purchase was made and whose contact details are indicated in the email referred to in Article 3.

The Customer may contact the same Store free of charge by email by completing the form provided for this purpose, or by calling the telephone number indicated, from Monday to Friday.

In the event that the Customer decides to use another means or another form of communication (for example: simple or recorded post, fax, etc.) than those described above, MAX MARA SAS shall under no circumstances be required to reimburse the costs incurred by the Customer due to the use of these means of communication.

Article 16. Provisions regarding confidentiality and protection of personal data

The purpose of the collection and processing of the personal data requested from the Customer is to provide the "Remote Sale" service, processing of the product selection, and management of the Customer relationship.

In accordance with the applicable regulations, the Customer has the right of access, rectification, deletion, opposition and limitation of processing [in respect of their personal data], which they can exercise at any time by sending an email to the Store from which the order or purchase has been made.

A copy of the Confientiality Policy is available at the following address: www.maxmara.com.

It is noted that the bank details that the Customer must provide via the "payment pre-authorization link", are collected and processed solely by the bank which issued the Customer's credit card and/or its affiliated companies, not including MAX MARA SAS.

Article 17. Force majeure

The performance of MAX MARA SAS's obligations hereunder is suspended by the occurrence of exceptional circumstances or force majeure preventing or delaying its performance.

MAX MARA SAS will inform the Customer of the occurrence of exceptional circumstances or force majeure within 7 (seven) days of its occurrence. In the event that the suspension of its service obligations lasts for a period of more than 15 days, the Customer will have the possibility of cancelling the placed order, and will be reimbursed for the amounts already paid.

The following shall be deemed cases of force majeure: any unforeseeable, inevitable and unavoidable facts or circumstances, external to MAX MARA SAS, which are outside of its control and which cannot be prevented by it, such as, but not limited to: pandemic, epidemic, war, riots, uprisings, strikes, blocking of means of transport, blocking of supplies from Max MARA SAS attributable to third-party suppliers

Article 18. Applicable law and competent court

These general conditions of sale are governed by French law. In the event of a legal dispute, the French courts will have sole jurisdiction.

In the event of a dispute with MAX MARA SAS, the Customer has the possibility of submitting it to the mediator whose contact details are indicated below, who will attempt, independently and impartially, to bring the parties together with a view to reaching a amicable resolution pursuant to Articles L.611-1 et seq. of the [French] Consumer Code:

ANM Conso

62 rue Tiquetonne – 75002 PARIS

Tel. 01 42 33 81 03 / www.anm-conso.com