Terms and conditions
The Weekend Max Mara site consists of two computer applications:
- one dedicated to the weekendmaxmara.com institutional site, managed by the Max Mara S.r.l. Single-memberà company Max Mara Group, registered office in Via Giulia Maramotti No 4, Post Code 42124, Reggio Emilia, Italy, Tel. +39 0522 3991, Telefax service +39 0522 399399, REA (Repertorio Economico Amministrativo [Financial Administrative Index]): Reggio Emilia No. 182471 Business Registry of Reggio Emilia, Tax Reg. and VAT No. 01397620350 EU VAT No. IT01397620350, Share capital 13.000.000,00 full paid up, hereinafter only “Max Mara”
- a company dedicated to the weekendmaxmara.com digital business, managed by the Swiss on-line distributor for weekendmaxmara.com IBox Sa products, a companyà governed by Swiss law, with registered office in Via Cantonale, Galleria 1, CH-6928 Manno, Switzerland - Share capital 1.882.000,00 CHF, which deals with all sales and transaction operations carried out inside the on-line sale of products such as: the handling of orders, relating to the sale and delivery of products, the handling of returns, guarantees, payments and invoicing.
GENERAL TERMS AND CONDITIONS
Scope of application
1. The general terms and conditions set out herein (hereinafter: "T&C") shall apply to all orders and purchases of clothing and accessories products (hereinafter "Products") on the weekendmaxmara.com website (hereinafter: "Website") managed by IBox Sa, companyà regulated by Swiss law, with registered office in Via Cantonale 2b, CH-6928 Manno, Switzerland (hereinafter: "IBox") providing delivery to the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovenia, Slovakia, Spain, Sweden, Hungary (hereinafter: "Customer").
2. The Customer is bound to read the T&C carefully before making any purchase order.
3. By accepting the T&C and the dispatch of an order, the Customer hereby declares:
i. to having read, understood and accepted in full and without reservations the T&C; These general sales conditions are to be considered applicable and effective as long as they are published on the weekendmaxmara.com website. Any changes to these general sales conditions will be published on the website and the new T&C conditions shall only apply to orders made as from the day of their publication.
ii. to be a consumer and want to purchase Products exclusively for personal use and not to resell them in the context of any trade or business activity, of any kind;
iii. to authorise IBox to safeguard, process, use and transfer to third parties and/or abroad the (personal) data contained in theorder for the purpose of performing it.
4. IBox will do its best to ensure that the information contained on the Website is accurate and updated. It could not however offer guarantees about this. The Customer acknowledges and accepts that the Products may not fully conform to the particulars, specifications and/or photographs found on the Website.
5. The presentation of the products on the website is an invitation to tender.
The order can be made through weekendmaxmara.com internet website, by selecting any image of the product presented thereon and in any case by following the steps and instructions specified on the said website. In order to make any changes and/or corrections to the order, the Customer shall follow the relative instructions contained on the Website.
The amount of an individual order could not exceed a total sum of €10,000.
The order shall be sent by clicking on the button ’Buy nowà and it will be archived in the database safeguarding IBox orders for the period of time provided for by current legislation.
The order will then be considered as a contractual purchase proposal. Upon receipt of the order IBox will send the Customer an e-mail containing the order number and information about the ordered products, the price of each product, delivery expenses where applicable, the address for shipment besides methods of payment and indicative time schedules for delivery.
Such e-mail will not constitute acceptance of the Customer's purchase proposal, and serves only as confirmation of having received theorder. Upon receipt of theorder made by the Customer, Diffusione Tessile will verify the availability of the ordered products besides the accuracy of the information provided by the Customer.
The sale contract between IBox and the Customer is to be considered as having been fine-tuned whensending to the Customer, to thee-mail address given by thelatter with thepurchase order, of the written confirmation of the shipment.
The Customer's order may be refused in the event of an error in the information provided by the Customer, if the available products are out of stock, if insufficient solvency warranties are found, if the order does not meet the normal consumer needs (a requirement which applies both to the number of products purchased in the context of a single order and to the number of orders pertaining to the said product, even if each order comprises a quantity of products corresponding to normal consumer needs), or due to cases of force majeure.
If the order cannot be accepted, IBox will communicate within 10 days following receipt of the order, about any impossibility of processing theorder in subject and this will be followed with theimmediate release of the amount reserved for payment.
6. IBox will consider any request for cancellation of theorder received by IBox before the shipment of the Products to the Customer.
7. In the event that a particular Product to be found in theorder of the Customer is no longer available, IBox shall not have any obligation to supply the Product in question, but it shall be exclusively bound to inform the Customer promptly of that circumstance. If only a part of the Products mentioned in the order were available, IBox shall contact the Customer to ask whether it intends to cancel the order or if it is willing to receive only the available Products and/or any substitutes among those which are available; in such case the Customer will be charged only the amount related to the Products it will receive.
8. IBox reserves the right to reduce, at its sole discretion, the quantity of Products which may be purchased on the Website.
9. The prices of the Products shall in any case be those published on the site and mentioned in the invoice, in the currency stated when being purchased.
10. Shipment and delivery costs will be free of charge.
11. The payment shall be authorised by the Customer at the time when the purchase order is made, by credit card or in any other manner mentioned in the relevant section of the Website, and it will be actually debited at the time of the confirmation of shipment.
- in the case of PayPal payment, enter the details relating toaccess in the proper space on the PayPal page to which you will be automatically redirected, then complete the payment in the manner indicated by the service administrator.
During the purchase, weekendmaxmara.com will save an acknowledgement code associated with the Customer’s PayPal account, which authorises exclusive use tied to future purchases, or the replacement of goods which have already been purchased, in order to avoid making again necessary the entering of their PayPal access data.
It would be possible to revoke at any time the authorisation mentioned above from within the personal area weekendmaxmara.com, or by making an express request to Customer Service (firstname.lastname@example.org), or directly from Customer’s PayPal account. PayPal may require the Customer to re-enter their login credentials, should it be suspected that an unauthorised activity occurred linked to the use of the PayPal account.
12. The delivery of the Products shall be made to the delivery address shown by the Customer in the order. If there is evidence that the Product has been damaged or has been concealed or lost while being transported, we would ask Customer to contact our Customer Service department by and no later than 48 hours after via the link èContact us“ inside thearea relating to Customer Service on the website weekendmaxmara.com. IBox will reimburse any sold Product which would have been damaged during the shipment made by its freight forwarder or which is missing, insofar as:
- the Customer would have communicated in writing through the page “Contact us” inside the area relating to Customer Service on the website weekendmaxmara.com, the damage or the absence of the Product within the 48 (forty-eight) hours subsequent to the date of delivery;
- the Customer makes the original packaging available to IBox and, in case of damage, the Product in question;
- in case of damage, the Product still shows the numbered warranty seal, intact and unremoved, as fixed on the item of clothing at the time of quality control prior to shipment.
If only one of the above conditions is not complied with, IBox will not give any credit on the amount paid, nor see to replacing the Product which, in this case, shall be made immediately available to the Customer for withdrawal at own expense. IBox, in this case, will communicate by e-mail its refusal of the return, mentioning the place where the withdrawal should be made.
13. In principle, the Products will be delivered within 30 (thirty) days of order confirmation by IBox, without prejudice that the delivery times may vary according to the country of destination. In case the delivery is delayed for reasons not attributable to IBox, the Customer will be informed, as far as possible, of the new delivery date.
14. IBox reserves the right to refuse, suspend or cancel, in its own free discretion, the delivery or the fulfilment of any of the obligations arising from the sales contract, in the event of alleged fraud, default or breach by the Customer of obligations assumed with regard to IBox relating to previous orders and/or sales contracts. Should the ordered Products be required to cross customs (according to the country of destination), any customs charge related to the release of the goods shall be borne by the Customer; were the Customer to decide to reject the order once the item has arrived at customs, IBox will not give any reimbursement for the goods which will be abandoned on the spot.
Right of withdrawal
15. The Customer is entitled to return the Products purchased on weekendmaxmara.com, without the charge of any penalty and without being obliged to give reasons therefor, within fourteen (14) calendar days starting from the day of receipt by the Customer of the Products under review or by the deadline laid down by applicable mandatory rules in the country of delivery of the goods, if this is any longer.
16. With the receipt of the Products by IBox, the sales contract shall be deemed cancelled for all legal intents and purposes, and all relative obligations, rights or claims shall lapse, without prejudice that if the Products returned to IBox are found to be damaged, IBox shall have the right to compensate for this damage with the payment for the Products already made by the Customer.
17. In addition to the foregoing (Articles 15-16), the right of withdrawal is subject to the following conditions:
i. Within fourteen (14) calendar days from the date of receipt of the Products by the Customer, the Customer may request for permission to proceed with the return. If the Customer is a registered user, he may request the return by accessing the section of the personal area My orders, clicking on RETURN. If the Customer has purchased as a guest and does not have a profile, he must contact the Customer Service directly;
ii. After receiving the authorisation to return, the Customer will be contacted by the assistance service to arrange the item’s withdrawal; the Customer will be given the UPS label and instructions on how to proceed.
The IBox refund procedure could only be activated from the same country of delivery.
. The return address of the returned clothing items is as follows:
Customer Care Weekend Max Mara
c/o Magazzino prodotti finiti [Finished Products Warehouse] - Mag. Resi Online
Via Giulia Maramotti, 4
42124, Reggio Emilia
iii. the Product being returned must not have been used, consumed, or damaged;
iv. the Product identification tag must still be attached to it;
v. the Product must be returned in the original packaging, with any accessories or instruction manuals, which are considered to be integral parts of the item.
vi. The returned Products shall be withdrawn by IBox at own expense only if so returned from the same country of delivery.
18. As soon as it can confirm that the envisaged conditions have been fulfilled, IBox will send the Customer an e-mail confirming the acceptance of the returned item and start off the refund procedure in such manner that the Customer receives reimbursement of the amount paid for the returned Products within the following thirty (30) days, irrespective of the method of payment previously adopted by the Customer. The reimbursement of the amounts paid by the Customer shall always be done exclusively in favour of the Customer who made the payment.
19. In case the damaged, incomplete and/or deteriorated Product is returned and/or the conditions of use do not conform with normal diligence, without prejudice to the right of withdrawal, the Customer will be debited with a sum corresponding to the decreased value of the goods. An asset is considered used beyond normal diligence in the case of use beyond that necessary to establish its nature, characteristics and operations (e.g. in case of removal of the labels, if the clothing item was worn rather than just being tried on). In such cases, IBox shall promptly notify the Customer of the damage and of the non-compliances found when receiving the items. The amount charged to the Customer, which in any case could not be higher than the price paid for the purchase of the item, will be deducted from the refund due to the Customer.
20. The Customer may contact Customer Service for free by mail, by filling in theproper form, or by calling the mentioned telephone number Monday through Friday. It should be noted that when the Customer decides to use any other channel or form of communication (for example: ordinary mail, fax, calls to a paid telephone number in any case related to a Company etc.) other than those described above, IBox will not in any case be required to reimburse relative costs which may have been incurred by the Customer.
Warranty and limitation of liability
21. The IBox warranty is limited to any manifest defects of the Products, excluding, without limitation any implied warranties as to the quality and to the suitability for the Customer’s purpose, for a period of 2 (two) years from the delivery of the Products.
22. The warranty only gives the right to obtain reimbursement of theamount paid for defective Products, so long as the defect is communicated to IBox within 6 (six) months from when it is found.
23. In addition to the foregoing (articles 20-21), the right to a reimbursement is subject to the following conditions, under penalty of forfeiture of the warranty:
Before sending back the defective Products to IBox, the Customer must make a request for permission to proceed with the return. If the Customer is a registered user, he could request the authorisation for the return by accessing the section of the personal area èMy ordersà, by clicking on the link ’Return us your product', and book online the home address for the pickup.
If the Customer has made the purchase without being registered and does not own an account, he must contact Customer Service directly to arrange the home pickup service.
24. Once the Product has been received and its defective nature has been verified, IBox will send the Customer an e-mail confirming theacceptance of the return and shall start the refund procedure in favour of the Customer of the price paid for the defective Product which must be completed within thirty (30) days, regardless of the method of payment previously adopted by the Customer. The reimbursement of the amounts paid by the Customer will always be made exclusively in favour of the Customer who has made the payment.
In the event that the above conditions have not yet been complied with, or if the defect reported by the Customer is not found, the Customer shall not be entitled to reimbursement of the amount paid to IBox. However, the Customer shall only have the right to withdraw the returned Products at the warehouse of the Company S.r.l., at own risk and at own expense. If the Customer does not request having back the returned Products within thirty (30) days from the relative notification by IBox, IBox shall be entitled to retain them together with the amount received in connection with the transaction.
25. Without prejudice to the foregoing warranty, IBox excludes any and all liability (contractual or non-contractual) with regard to the Customer, within the limits of applicable mandatory rules.
26. The total maximum limit of liability of IBox could not in any case exceed the amount paid by the Customer for the purchase of the Product.
27. In the event that one or more of these T&C were to be found void, voidable, unlawful or ineffective, this will not result in total ineffectiveness of the T&C. The provision in question will be replaced by a similar valid provision which takes due account of the intention and content thereof, in compliance with and in accordance with current regulations.
It is finally being informed that in no case could requests be fulfilled for tailoring changes to be made to the purchased clothing items.
Likewise, no costs which the purchaser would have incurred to make on his own any tailoring adjustments and/or alterations to the purchased clothing items will be refunded, which will so remain exclusively incumbent on the said customer.
In cases of flawed clothing items, the Customer is always and in any case invited to make contact with the Customer Service as soon as possible and in any case within the period of possible return of the product, on the score of any prior agreements of the case.
28. These T&C are subject to Swiss substantive law (excluding the Swiss law on Private International Law and international treaties, in particular the United Nations Convention on Contracts for the International Sale of Goods). Any disputes which might arise will be referred to the exclusive jurisdiction of the competent court of in Lugano (Switzerland).
The Weekend Max Mara website is composed of two different URLs:
- one dedicated to the corporate site, brand.weekendmaxmara.com, managed by Max Mara S.r.l. unipersonale, Sole Shareholder Company, Max Mara Group, Registered offices at Via Giulia Maramotti 4, 42124, Reggio Emilia, Italy, Tel. +39 02-23345 352, Fax +39 0522 399399, Registry of Companies of RE 01322820356Fully paid-in share capital €5,239,000.00 fully paid-in, hereinafter, “Max Mara”
- a company dedicated to the maxandco.com digital business, managed by the Swiss on-line distributor for weekendmaxmara.com IBox Sa products, a companyà governed by Swiss law, with registered office in Via Cantonale, Galleria 1, CH-6928 Manno, Switzerland - Share capital 1.882.000 CHF, which deals with all sales and transaction operations carried out inside the on-line sale of products such as: the handling of orders, relating to the sale and delivery of products, the handling of returns, guarantees, payments and invoicing.
Disclosure on the processing of personal data
(Art. 13 of Italian Legislative Decree no. 196 of 30 June 2003)
Max Mara, the controller of the data, however such data is provided (at the point(s) of sale, through on-line sign up/registration forms, etc.) concerning users reading this disclosure, hereby informs you that such data shall be processed in accordance with the legal provisions set forth in the Privacy Law, Italian Legislative Decree no. 196 of 30 June 2003, for the following purposes:
1) invitations to events, newsletters, notifications of sales and promotional initiatives, the transmission of advertising material and any other promotional or sales initiative;
2) competitions and/or contests;
3) market research and any other marketing studies (conducted directly or through specialised companies).
The data shall be processed using electronic and/or manual media, according to procedures in line with the purposes indicated above which, in any event, shall guarantee the security of such data.
Provision of your data is optional. However, if such data is not provided or partially provided, it will be impossible to pursue the purposes set forth in points 1, 2 and 3.
The data shall be stored and processed in compliance with the procedures set forth in Italian Legislative Decree no. 196 of 30 June 2003, adopting all the required minimum security measures.
Your data may be communicated to shopping agencies, telephony companies, publishing companies, advertising agencies, companies specialising in marketing analysis and/or that conduct market research, companies providing promotion management services, including competitions and/or contests, other points of sale, including on-line shops, to all the commercial chains belonging to the brands that distribute Max Mara Group products, consultants and agents, and to companies that supply the products you purchase.
Users' data may also be divulged via internet in the event that you are the winner of competitions and/or contests.
You, as a data subject, have the right, at any time, to obtain confirmation of whether your data exists and to know the content and source of such data, verify the accuracy of such data or request supplementation or updating or correction of the data (Art. 7 of Italian Legislative Decree no. 196 of 30 June 2003).
Pursuant to said article, data subjects have the right to request the deletion, transformation into anonymous form or blocking of data processed unlawfully, as well as to object, on legitimate grounds, to the processing of such data.
The rights pursuant to Article 7 of Italian Legislative Decree no. 196 of 30 June 2003 may be exercised by the data subjects at any time by contacting the data controllers, which are the point of sale where you provided your data or, in any event, the company Max Mara.
Furthermore, if you, as the data subject, have any questions or comments on our Disclosure on the Processing of Personal Data, please send us an email at: email@example.com
GENERAL TERMS AND CONDITIONS
Scope of application
1. The general terms and conditions set forth herein (hereinafter: "T&C") shall apply to all orders and purchases of clothing and accessories (hereinafter: the "Products") on the website maxmara.com (hereinafter: "Website"), managed by E-volve Service Sagl, a company incorporated under Swiss law, with registered office in Via Cantonale 2b, CH-6928 Manno, Switzerland (hereinafter: "E-volve") delivered to Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom (hereinafter: "you", or "Customer").
2. You, the Customer, must carefully read the T&C before placing any orders.
3. By accepting the T&C and placing an order, you declare:
i. that you have read, understood and fully accept these T&C without reservations;
ii. that you are a consumer and you intend to purchase the Products exclusively for personal use, not to resell them as part of a commercial enterprise or business of any type;
iii. that you authorise E-volve to store, process, use and transfer to third parties and/or abroad the (personal) data contained in the order, for the purpose of executing the order.
4. E-volve shall do its best to ensure that the information contained on the Website is accurate and up-to-date. However, we cannot provide any guarantees in this regard. You acknowledge and accept that the Products may not fully comply with the information, specifications and/or photographs on the Website.
5. The contract of sale between E-volve and the Customer shall be deemed as finalized with the transmission to the Customer, at the email address indicated by the Customer in the order, of the written confirmation of shipment.
6. E-volve shall consider any requests for order cancellation received by E-volve before the Products have been shipped to the Customer.
7. If a specific Product in your order is no longer available, E-volve shall be under no obligation to supply the Product in question; rather, it shall only be required to promptly inform you of this situation. If only some of the Products in the order are available, E-volve will contact you to ask whether you intend to cancel the order or if you are willing to receive only the Products available and/or any substitutions among those available. In that case, you will be charged only the amount relating to the Products you will receive.
8. E-volve reserves the right to decrease, at its discretion, the quantity of Products which may be purchased on its Website.
9. The prices of the Products shall, in any event, be those indicated on the invoice, in the currency indicated during purchase. E-volve shall, in any event, do its best to ensure that the prices on the website are current and up-to-date.
10. Shipping and delivery costs are free of charge.
11. You shall authorize payment at the time you place an order, via credit card or using other methods set forth in the related section of the website. The amount paid will be effectively charged at the time the shipment is confirmed.
For payment using a PayPal account, you must enter your username and password in the specific fields on the PayPal page you are automatically directed to, to then complete the payment following the procedures indicated by the service provider. During payment, Max Mara will store an identification code associated with your PayPal account that authorises future payments esclusively on weekendmaxmara.com for orders or exchanges. You will therefore no longer have to enter your PayPal login data at checkout on this website. It is possible to withdraw this authorisation at any time from the Weekend Max Mara account page, by writing to our Customer Care (firstname.lastname@example.org) or directly from your PayPal account page.
The order procedure shall be considered effectively concluded on completion of the payment transaction, once you are redirected to the page of the Web Site displaying the confirmation of acceptance of the order.
12. Products shall be delivered to the delivery address you have provided in the order. Should it be evident that the product has been damaged, hidden or gone missing in transit, Customers are requested to call our Customer Service department within max. 48 hours, using the “Contacts” link in the Customer Service area on the website weekendmaxmara.com. E-volve will provide reimbursement for any product sold that has been damaged during the transport carried out by its forwarding agent, or proves missing, provided that:
- the Customer has, via the “Contact Us” page in the “Customer Service” area of the website weekendmaxmara.com, provided written notification of the damage or the absence of the product, within 48 (forty eight) hours of the delivery date;
- the Customer provides E-volve with the original packaging, and – in the event of damage – of the product in question;
- in the event of damage, the numbered guarantee seal must not be removed, and must appear as it was placed on the item at the quality control stage prior to transport.
If one or more of the above conditions are not complied with, E-volve will not reimburse the amount paid or replace the product, which, in this case, will be made available for collection by the Customer at their expense. In this case, E-volve, will send an e-mail indicating that the return has not been accepted, indicating where the goods can be collected.
13. In general, the Products will be delivered within 30 (thirty) days from date of order confirmation by E-volve, without prejudice to the fact that delivery times may vary depending on the destination country. If delivery is delayed for reasons not attributable to E-volve, you will be notified of the new delivery date, if possible.
14. E-volve reserves the right to reject, suspend or cancel, at its own discretion, the delivery or fulfilment of any of the obligations deriving from the contract of sale, in the event of alleged fraud, breach or violation by the Customer of obligations undertaken in relation to E-volve by way of previous orders and/or contracts of sale. If the Products ordered are required to undergo customs controls (based on the destination country), all customs charges related to the clearance of the goods shall be borne by the Customer. If you decide to refuse the order once it has reached customs, E-volve will not authorise the refund for the goods, which shall be left with the customs office.
Right of withdrawal
15. You have the right to return the Products purchased on weekendmaxmara.com, without being charged any penalties and without having to provide a reason for the return, within fourteen (14) calendar days starting from the day you received the Products in question, or, if longer, within the term set forth in the statutory regulations applicable in your country of residence.
16. With the receipt of the Products by E-volve, the contract of sale shall be deemed cancelled for all legal effects, and the related obligations, rights or claims shall be forfeited, without prejudice to the fact that if the Products returned to E-volve are damaged, E-volve shall have the right to compensation for such damage using the payment you have already made for the Products.
17. In addition to the above (Clauses 15-16), the right of withdrawal is subject to the following conditions:
i. Within fourteen (14) calendar days from the date you received the Products, you may request authorization to return them.
If you are a registered user, to request the return, access the "My Orders" section in your personal area, and click on RETURN. If you purchased as a guest and do not have a user profile, you must directly contact customer care.
ii. After submitting the return request, our customer service will contact you in order to schedule the home pick up of the returned product, providing you the UPS return label and the instructions to follow. The return service is free of charge. The return address is the following:
CustomerCare Weekend Max Mara
c/o Magazzino prodotti finiti
Via Giulia Maramotti 4
42124, Reggio Emilia
iii. returned Products must not be used, worn out or damaged;
iv. the tag identifying the Product must still be attached to the product;
v. the Product must be returned in its original packaging, along with any accessories or instruction manuals;
vi. the returned Products will be picked up by E-volve, at its expense.
18. As soon as E-volve is able to confirm that the requirements have been met, it will send you an email confirming the acceptance of the return, and will initiate the refund procedure so that you will receive the refund of the amount paid for the returned Products in the following thirty (30) days, irrespective of the method of payment you used previously. The amounts paid by the Customer will always exclusively be refunded to the Customer that made the payment.
19. In the event that the above requirements are not met, you shall not have the right to refund of the amount paid to E-volve. Nonetheless, you will only have the right to pick up the Products returned at the Max Mara S.r.l. warehouse, at your own risk and expense. If you do not request to have the returned Products sent back to you within thirty (30) days from the related notification from E-volve, E-volve shall have the right to hold them as well as to keep the amount received for the transaction.
20. The Customer may contact our Customer Service department free of charge via email using the appropriate form, or by telephone at the number indicated from Monday to Friday. Should the Customer decide to use any other means of communication (e.g. post, fax, toll telephone number assigned to Weekend Max Mara, etc.), any expenses incurred will not be reimbursed by E-volve.
Warranty and limitation of liability
21. E-volve's warranty is limited to any defects arising in the Products, excluding, without limitation, any implicit warranty concerning quality or suitability for your purposes, for a period of 2 (two) years from the delivery of the Products.
22. The sole purpose of the warranty is to grant a refund of the amount paid for defective Products, provided that E-volve is notified of the defect within 6 (six) months from the time it was detected.
23. In addition to that set forth above (Articles 20-21), the right of withdrawal is subject to the following conditions, on pain of forfeiture of the warranty.
Before sending the defective Products back to E-volve, you must request authorization for the return. If you are a registered user, to request authorization of returns, access the section in your personal area “My Orders”, click on the link “Return Product”, and schedule the home pick up on-line.
If you made purchases without registering, and do not have your own account, you must directly contact customer care to schedule the home pick up.
24. Once it has received the Product and verified its defects, E-volve will send you an email confirming the acceptance of the return, and will initiate the procedure to refund you the amount paid for the defective Product, which must be concluded within thirty (30) days, irrespective of the method of payment you used previously. The amounts paid by the Customer will always exclusively be refunded to the Customer that made the payment.
In the event that the above requirements are not met, or in the event that the defect you have reported is not found, you shall not have the right to refund of the amount paid to E-volve. Nonetheless, you will only have the right to pick up the Products returned at the Max Mara S.r.l. warehouse, at your own risk and expense. If you do not request to have the returned Products sent back to you within thirty (30) days from the related notification from E-volve, E-volve shall have the right to hold them as well as to keep the amount received for the transaction.
25. Without prejudice to the above warranty, E-volve shall not be held liable (under contract or in tort) in any way to the Customer, within the limits of the applicable statutory regulations.
26. The maximum limit of total liability of E-volve may in no event exceed the amount paid by the Customer to purchase the Product.
27. If one or more of the provisions of these T&C should result null and void, voidable, illegal or unenforceable, this shall not result in the unenforceability of the T&C. The provision in question shall be replaced with a similar valid provision which takes due account of the intent and the content of the original provision, in compliance and in accordance with regulations in force.
Lastly, we inform you that requests to have purchased items tailored will in no case be granted. Likewise, no costs will be reimbursed for the independent tailoring or adjustment of purchased items, which will remain entirely at the customer's own expense. In the event of a defective item, the customer is invited to contact Customer Service as soon as possible within the product's return period, for any applicable action regarding this matter.
28. These T&C are subject to Swiss substantive law (excluding the Swiss law on international private law and international treaties, specifically, the United Nations Convention on Contracts for the International Sale of Goods). Any disputes which may arise shall be submitted to the exclusive jurisdiction of the competent court of Lugano (Switzerland).
29. We would like to remind you of the existence of the legal warranty on product conformity, as well as the possibility of using the platform as an alternative means of extrajudicial resolution for disputes, accessible on the website http://ec.europa.eu/odr, made available by the European Commission.
Provisions relating to the privacy and protection of personal data
The collection and processing of data are carried out for the handling and the performance of present and future purchase orders and in particular for the performance of the obligations arising out of these T&C.