General terms and conditions OF SALE ON APPROVAL

1. Field of application

These general terms and conditions govern the sale on approval of Max Mara, Weekend Max Mara, Sportmax and Marina Rinaldi products concluded remotely between a consumer as buyer and Max Mara Scandinavia ApS as seller and apply to all offers, orders, agreements, deliveries and other legal acts of Max Mara Scandinavia ApS. These general terms and conditions must be carefully examined by you before completion of the remote ordering procedure and purchase for the abovementioned products. 

Please be aware that the entering of credit/debit or prepaid card details in the link for payment pre-authorisation and their transmission by clicking on the button “Order with an obligation to pay” entails total and absolute knowledge of these general conditions of sale on approval and full acceptance of them. Any departure from these general conditions will have effect only if explicitly agreed between the parties.  The customer cannot derive any rights for future transactions from any agreed departures.

2. Identification of the seller

Company: Max Mara Scandinavia ApS

Registered office address: Østergade 7-9, 1100 Copenhagen

Telephone number: +45 33 38 56 20

Email address: mm.copenhagen@mmfgshops.com

CVR No.: 25 50 48 01

Hereinafter referred to as “Max Mara”.

3. Ordering of products

These general terms and conditions have been provided to you when placing an order and sent to you following your statement of intent to purchase on approval the products that you selected. In the "Order" section of the confirmation email, you will find the order number and information about the products selected by you, the retail price of each product and the total price of the selected products, the shipping address, the method of payment and indicative delivery times of the selected products. The total amount of any single order may not exceed € 10,000.

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

Your order may be refused by Max Mara in the event of the following:

  • errors in the information provided by you;

  • depletion of available stocks of products;

  • insufficient guarantees of solvency;

  • the order not being consistent with normal consumption patterns (this requirement applies both to the number of products selected 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); and

  • 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 held for payment.

4. Product pricing

The price of the product(s) indicated in the confirmation email relates to each item, is expressed in DKK and is inclusive of VAT. Max Mara will be responsible for the payment of all levies, taxes, charges and/or shipping costs for the delivery of the product(s) to the customer. In regard to shipping costs for the return of products see section 9-12.

5. Payment conditions 

You can only pay for your order with the following credit/debit cards (including prepaid cards):

  • Visa/Visa Electron 

  • Mastercard

  • Maestro International

  • America Express

The total amount of the order is held on the credit/debit or prepaid card from the time of submission of the order to Max Mara (when you select “Order with an obligation to pay”), followed by acceptance or rejection of the order by Max Mara 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” is managed online by the bank that handles your 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, you have to use the payment pre-authorisation link, indicate the details of the holder of the credit/debit or prepaid card used for the purchase; then, on the same site, forward the 16-digit number, expiry date and card security code.

6. Payment pre-authorisation

You are aware and agree that the entering of credit/debit or prepaid card details and confirmation of payment pre-authorisation entail acceptance of these general terms and conditions and the subsequent sending of the products that you selected.

After you provide your credit/debit or prepaid card details and confirm payment pre-authorisation, the amount corresponding to the price of the selected product(s) will be temporarily held on your credit/debit or prepaid card. This amount will be temporarily held until you:

  • accept and purchase (in expressed or tacit form, see section 9) the selected product(s), after which the relevant amount will be charged to the credit/debit or prepaid card; or,

  • return the products in accordance with these general terms and conditions to Max Mara, in case you do not accept and purchase all selected product(s). 

Payment pre-authorisation does not generate any movement on the card; the payment will be effected and charged to the credit/debit or prepaid card only after you accept and purchase (in expressed or tacit form, see section 9) the product(s) you selected (for more clarification see section 9. (Finalisation of the sale) hereafter).

N.B. You have 48 hours to confirm your personal data and credit/debit or prepaid card details and to confirm the ordered product(s) once you have started the order process. The payment pre-authorisation link will expire after this 48 hours deadline and a new email will be needed to confirm the order and receive the selected product(s). 

If the amount corresponding to the price of the selected product(s) cannot be charged to your credit/debit or prepaid card because of incorrect data entry or any other (technical) reasons, you will not be able to conclude the ordering procedure by clicking the button “Order with an obligation to pay”. If you leave the payment page in the manner specified by the payment service provider, you will then be redirected to a page that will display the inability to complete the order.

7. Delivery

Max Mara will only deliver products in Denmark, to the address indicated by you, and only after proper execution of the order payment pre-authorisation forwarded to Max Mara. Max Mara will not deliver products to PO boxes and/or similar destinations.

Max Mara will ensure delivery of products without delay and in any event no later than 30 days from the day when you submitted the order for the products. This shall not apply if the parties have agreed on a different delivery period, in which case the different delivery period shall apply, whereby an indication of the delivery date or time does not constitute agreement to a different delivery period.

If the recipient or other person authorised to receive the goods is not contactable at the time of the delivery attempt, the 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. Max Mara will then contact you to agree on whether to proceed to a new sale and the pre-authorised amount held on the credit/debit or prepaid card will then be unlocked.

8. Delivery costs

Delivery by Max Mara to you is free for all selected products. Returns of the products are not always free. See section 9 – 11.

9. Finalisation of the sale

From the time of delivery of the products, you will have three calendar days to let Max Mara know whether you accept and purchase the products or only some of them, or want to return all products or only some of them, upon which the sale and purchase of the products that you wish to buy shall be concluded. Max Mara will then send you a confirmation email with a summary of your decision to buy all or only part of the products ordered. If you do not contact Max Mara within this three-calendar day period, all products shall be deemed accepted by you and the sale and purchase of all of the products will be concluded. Following the partial or total acceptance and purchase of the ordered products by you in express or tacit form, the relevant amount will be charged to the pre-authorised credit/debit or prepaid card.

10. Return of products before finalisation of the sale

If you intend to return one or more or all of the ordered products before finalisation of the sale (see section 9), Max Mara will instruct the courier that delivered the products to collect them from the same delivery address and Max Mara will bear the shipping cost

11. Right of withdrawal

If you do not wish to keep a product for whatever reason, you are entitled to return the product to Max Mara within 14 (fourteen) calendar days after the purchase of the products has been concluded as set out under section 9 (Finalisation of the sale) of these general terms and conditions.

You may exercise this right of withdrawal, without providing reasons, by sending an email to mm.copenhagen@mmfgshops.com, within 14 calendar days after finalisation of the sale, providing name, details on the order, address and date or use the enclosed exhibit 1 (under section 18 in these terms and conditions) and return the products. Furthermore, you may exercise the right of withdrawal

  • free of charge, by delivering the goods purchased to any of the stores among those that can be selected and consulted at the following link https://dk.maxmara.com/store-locator in pristine condition and accompanied by the label and all the documentation received within 14 calendar days after finalisation of the sale.

  • at your expense, if you do not intend to use the in-store returns process, by returning the goods to the following address: Østergade 7-9, 1100 Copenhagen within 14 calendar days after finalisation of the sale. All return shipping costs will be at your expense.

If the exercise of your right of withdrawal meets the above conditions, the purchase price of the returned products will be refunded by credit/debit or prepaiding the amount paid by you, without undue delay from the date of receipt of the returned products at one of the stores among those that can be selected, upon provision of your name, surname and IBAN at the store. If you have chosen to return products by courier delivery, Max Mara will make the refund, without undue delay, using the same means of payment as used by you in the initial transaction, unless another means of payment is expressly agreed with you and provided that this does not cause any additional costs for you.

12. Returns following the right of withdrawal 

In the event of exercise of the right of withdrawal to return one or more or all of the products, you must return the products that you wish to return without delay and in any case within 14 calendar days from the finalisation of the sale.

13.1 Integrity conditions for returns

During the withdrawal period, you must examine and test the products and their packaging with care and due diligence and within the limits that would be appropriate in a physical store. 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). You may only unpack the product insofar as this is necessary to determine the nature and characteristics of the product.

You should return the products in the same condition as when you received them. You must therefore ensure that any returned products:

  • have not been used or damaged;

  • have not been soiled or subject to washing;

  • retain all tags, labels, warranty seal affixed to the products during quality control and original finishes; and

  • have not been changed in any way whatsoever.

In particular, we want to make clear that all types of items sold in their own box (for example, shoes or small accessories) must be returned in that original packaging, which is considered to be an integral part of the article.

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

If you have any queries, and for information regarding shipment and/or delivery of the order you can contact the sales staff in the store at Østergade 7-9, 1100 Copenhagen or use the following contact details: Tel. +45 33 38 56 20 or email mm.copenhagen@mmfgshops.com.

13.2 Quality control

We want you to know that Max Mara subjects its products 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

For a period of up to 14 days after receipt of the products ordered, you may request the replacement of the products with other products of the same model but in a different size and/or colour, by using the same refund procedures as described in the articles above.  You can also exercise your right of withdrawal on the replaced products, following the same procedures outlined in the previous sections of these general terms and conditions. The term for exercising your right of withdrawal in respect of the replacement product in a different size and/or colour shall begin from receipt of the replacement product.

14. Conformity – Right of complaint

With regard to the conformity of the products purchased, the sale of Max Mara products regulated by these general terms and conditions entitles the Customer to a two-year right of complaint provided for by the Danish Sale of Goods Act.

Additionally, as a customer you have certain rights that follows from the Danish Sale of Goods Act – i.e. if the products lack conformity.

15. Complaints - Communications - Information

For any information or complaint, or for any communication regarding these general terms and conditions, or for orders and/or products, you may contact Max Mara using the following contact details: Tel. +45 33 38 56 20 or email mm.copenhagen@mmfgshops.com.

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 terms and conditions. A copy of Max Mara’s applicable privacy policy can be found at https://dk.maxmara.com/.

17. Applicable law and court with jurisdiction

All rights, obligations, offers, orders and agreements to which these general terms and conditions apply in full or in part, as well as these general terms and conditions, are exclusively governed by Danish law.

In the event of disputes concerning these general terms and conditions, you are informed that you can have recourse to the online dispute resolution (ODR) platform for consumers pursuant to EU Regulation 524/2013.. This platform is active at the following web address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN. However, Max Mara is not obliged to participate in this method of dispute resolution.

You in any case have the right to ordinary means for the settlement of disputes arising from the interpretation, validity and/or execution of these general terms and conditions, and in this case the mandatory territorial jurisdiction will be the court of your place of residence or domicile.

18. Right of withdrawal – template

To:

Max Mara Scandinavia ApS

Registered offices address: Østergade 7-9, 1100 Copenhagen

Telephone number: +45 33 38 56 20

Email address: mm.copenhagen@mmfgshops.com

CVR No.: 25 50 48 01

I hereby declare that I wish to exercise my right of withdrawal regarding the following products:

Order no.:

Date of order:

Name:

Address: