Terms of use

TERMS OF USE

 

Terms of use were updated on 18.01.2018

 

1. GENERAL
1.1. These terms of use regulate the legal relationship arising between MA Fashion Holding OÜ, registry code 116932207, Türi st  C, Tallinn (Trader) and the person who made the purchase (Client) in the purchase-sale of the products in the www.shop.marcandandre.com sales environment (e-store).
1.2. In addition to these conditions the legal relationships arising from the distribution of products via the e-store are regulated by the laws of the Republic of Estonia.
1.3. The Trader may change the terms of the e-store and the prices of the products and services. Changes will be notified in the e-store’s environment. The terms and prices applicable at the time of the transaction taking place are applied to the transaction.
1.4. The selection of products, prices and discounts may differ from the product selection, prices and discounts of the Trader’s retail product selection.

 

2. PRICE
2.1. The prices of the products are provided on the products’ sheet and the prices include the 20% value added tax in force in Estonia.
2.2. The delivery fee in accordance with the delivery method chosen by the Client in the course of formalising the order is added to the price of the products. The manner of delivery will be chosen and the delivery charge calculated in the basket.
2.3. In case of the existence of a discount code the discount of the product will be calculated after entering the discount code in the basket.

 

3. COMPLETING THE ORDER
3.1. The Client will add the product to the basket after choosing the product and, where necessary, the size on the product sheet by clicking the “Add to bag” button.
3.2. The quantities in the basket may be changed and products may be removed from the basket until paying for the products.
3.3. For completing the order the necessary details need to be entered, the payment method chosen and the button “Pay” clicked in the basket.
3.4. The order is deemed to be conclusively completed after clicking the “Pay” button.
3.5. The Trader will send a notification for the confirmation of the order to the Client’s email address.
3.6. In case of not having the Product ordered by the Client the Trader will cancel the order. An order may be cancelled in part as well as in whole. The Client will be informed of a cancelled order immediately. In case of a partial cancellation the Trader may ask for the Client’s wishes for handling the rest of the order – whether to dispatch or cancel as well.

 

4. PAYMENT
4.1. The Client will pay for the purchases made in the Web environment (e-store) 100% in advance.
4.2. The orders can be paid for by credit card (Visa, MasterCard), Estonian bank links (Swedbank, SEB, Danske, Luminor (Nordea, DNB Pank), Cooppank, Pocopay ning LHV Pank).
4.3. Payment takes place in a secure environment outside the e-store – when paying with a bank link in the secure environment of the respective bank, when paying by credit card in the secure environment of Maksekeskus AS (http://maksekeskus.ee/) . Trader does not have access to the Client’s bank and credit card details.
4.4. After placing the order and making the payment the Client will be sent a confirmation via email, on delivery an invoice is added to the parcel.

 

5. IVERY OF THE PRODUCTS TO THE CLIENT
5.1. All products offered by M&A are stored in Tallinn and are ready for immediate delivery. 
5.2. The E-commerce store delivers goods to all members of the EU and outside of that only to Switzerland and Norway.
5.3. Within Estonia the consignment is sent by SmartPOST, Venipak and DPD
5.4. In cooperation with SmartPOST the client can order the product to be delivered into a parcel terminal. When making the order the client must choose the nearest terminal in order to receive the order. Deliveries will be handed over to a SmartPOST courier every working day at 16:00 and will arrive in 2-3 days after issuing the delivery. The client will be notified of the  arrival of thedelivery and the necessary individual door code via the client’s mobile phone. The client has to input the code into the parcel terminal, which will open the door of the compartment, where his/her delivery has been stored. The delivery will be stored in the terminal for seven days from the day it was first put there. If the client has not withdrawn the package in those seven days, it will be delivered back to M&A. If the package has been delivered back, the client must repay the postage fees in order to get it delivered again.

NB! Please do not delete the SMS notification in the 14-day return period – when returning the order, one can use the same code in the SMS. 

5.5. Express courier Venipak provides services of carriage of consignments in Baltic States and transport packages to customers’ home addresses. They send out SMS notifications with information regarding the delivery and their phone number in case customers want to make changes to the delivery time. Packages are delivered within 1-2 business days depending on the location.
5.6. In cooperation with the courier firm DPD Estonia, the order will be delivered to the client in one working day from the day of issuing the delivery, when the payment for the order has reached M&A’s bank account before 12:00. When the payment has arrived after 12:00, the order will be sent out the next working day. The client will recieve a SMS notification, where DPD informs the client of the delivery of the package during the next working day. The SMS will contain the PDP packagenumber, which the client can use to change the delivery date or address when the client is not at the selected address at the time of the delivery time. The courier will deliver the package on Mon- Fri at 9:00-18:00. If the client is at work at the time of delivery, we ask the client to include the office address in the order, to insure swift and errorless delivery. The address can be changed with the packagenumber at DPD selfervice environment at http://www.dpdpakk.eu or by calling 6 130 012.
5.7. Outside of Estonia we use DPD couriers. In the case of international deliveries the goods are usually delivered abroad within 2 weeks. More on prices and delivery times at http://pakivedu.ee/eng/priceandterm.
5.8. The Client will pay for the costs arising from the delivery of the Products. Depending on the destination the parcel fee is.
5.9. The Trader will complete the orders, incl. hand over to the post office for dispatch within three working days from the confirmation of the order at the latest. The arrival of the product to the Client depends on the postal service. The indicative arrival times are:
* Estonia: 1-3 working days
* Latvia, Lithuania: 2-5 working days

 

6. RIGHT OF WITHDRAWAL, RETURNING AND EXCHANGING GOODS
6.1. The Client has the right to withdraw from an undisclosed transaction within 14 calendar days (registered clients have a right to withdraw from a transaction within 30 days) from receiving the product by submitting to the Trader the withdrawal application form which can be downloaded, in writing by post or digitally signed.
6.2. The Trader will confirm receipt of the withdrawal application with a notice sent to the Client.
6.3. The Client is obligated to return the product within 14 calendar days from submitting the withdrawal order. The return deadline will start running from the day on which the Client or a third person specified by him, who is not the carrier of the goods, has received the product into their possession. In case the delivery consists of more than one parcel, the withdrawal deadline will start running from the arrival of the last parcel to the Client. 
6.4. You can return an Itella SmartPOST parcel for free within 30 days by using the door code or return code contained in the original text message. If the automatic parcel point issues an address card on return, stick it exactly on the old address card.
6.5 Customers who have ordered goods through Venipak or DPD have the option to return their package via Itella SmartPost parcel machine. To do that they need to fill in a return form, specify their transportation method and send it to eshopeu@marcandandre.com. Once the return form has been received, the customer will be given further details on how to refund their ordered product.
6.6. On withdrawal from the transaction the Trader will return to the Client the sums paid by him, incl. delivering the product to the Client, by transferring the returnable sum into the Client’s bank account within 14 days from the withdrawal application reaching the Trader at the latest. The Trader has the right to delay returning the paid sums until the Client has returned the product or submitted proof of handing over the product to the post office for return. On using the right of withdrawal the Client will carry all expenses directly related to the returning of the product.
6.7. In case the client wants an exchange, mending or replacement of the Product, the Client must fill in the return sheet included with the Product and invoice. In case of exchanging or replacement of the product the Client will carry all expenses directly related to returning the product, unless the product returned does not correspond to what was ordered.
6.8. In the case of any deterioration of the goods subject to return, the consumer is liable for the diminished value of the goods only in the case the consumer used the goods in a manner other than what is necessary to establish the nature, characteristics and functioning of the goods. In order to establish the nature, characteristics and functioning of the goods, the consumer should only handle and use the goods in the same manner as the consumer would customarily be allowed to do in a shop.
6.9. The right of return does not apply to lingerie products and beachwear that has been taken out of the package for hygiene considerations.
6.10. The product may be replaced within 14 days from the product reaching the Client, if the size of the ordered product was not suitable. Registered clients are able to exchange the product within 30 days.
6.11. If the product returned to the Trader is not possible to be exchanged due to not having the size the Client requested, the Trader will contact the Client.

 

7.SUBMITTING A COMPLAINT
7.1. The Trader is responsible for the nonconformity to requirements and defects of the products for 2 years from the receipt of the products by the Client. Thereat, within the first six months after delivery to the buyer, it is presumed that the deficiency was present upon delivery. The online store is responsible for refuting this presumption.
7.2. On discovering the nonconformity to requirements of the product or defects of the product the Client undertakes to notify the Trader immediately but no later than within 2 months from becoming aware of the nonconformity by sending the respective information to the email address eshopeu@marcandandre.com or in writing to the address of MA Fashion Holding OÜ, Türi 10 C, 11313 Tallinn.
7.3. In case of a nonconforming or defective product the Client has the right to claim the performance of obligations from the Trader, withdraw from the contract or to cancel the contract and claim compensation for damages, reduction of price, in case of delaying the fulfilment of financial obligations claim a fine.
7.4. In case of nonconformity of the product to requirements or defects the Client has the right to first demand the free mending of the product or replacement with a product conforming to the requirements and without defects or to return the product at the Trader’s expense.
The Client has the right to demand the reduction of the purchase price of the product or the termination of the contract and the recovery of the sums paid for the product if:
• The Trader is not able to mend or replace the product or
• Mending or replacing the product fails or
• The Trader has not rectified the defect of the product within a reasonable time or
• The Client is caused unjustifiable inconveniences.
7.5. In case of returning a nonconforming product the Client will be compensated for the sums paid for the product together with transport costs to the bank account specified by the Client within 14 days at the latest. The Trader has the right to delay returning the sums paid until the Client has returned the product in his possession or submitted evidence of handing over the product to the post office for returning.
7.6. The Trader is not liable for or will compensate the Client for expenses made in case of nonconformity of the product to the requirements or defects if:
7.6.1. The Product has deteriorated/been damaged due to the fault of the Client;
7.6.2. Defects have been caused by the use for a non-intended purpose, incl. as a result of not following the care instructions;
7.6.3. The Product has changed due to normal wear of ordinary use.
7.6.4. The document proving the making of the purchase is missing.
7.7. In case disputes have arisen between the Client and Trader on the defects of the product, the Client has the right to turn to the Trader with a complaint, by specifying in a complaint submitted in writing or in a form allowing for written reproduction (email) his name and contact details, the date of submitting the complaint, the defect existing in the product and the solution requested by him. The Trader will respond to the Client’s complaint in writing or form allowing for written reproduction (email) within 15 days.
7.8. In case the Client and Trader do not reach an agreement regarding the dispute, the Client has the right to turn to the consumer complaints committee at the Estonian Consumer Protection Board (www.komisjon.ee) for out-of-court settlement of the dispute and use the European Union Online Dispute Resolution procedure at http://ec.europa.eu/odr. Reviewing of a complaint in the consumer complaints committee is free of charge for the parties. Dispute settlement at the Estonian Consumer Protection Board is guided by the legislation of the Republic of Estonia. 
7.9. On not agreeing with the decision of the commission the parties have the right to turn to the local county court of the Trader.

 

8. PROCESSING PERSONAL DATA
8.1. The data about the Client and his order stored in the orders’ environment of the e-store are treated as confidential information. The Trader will not disclose the information that has become known to it to third parties.
8.2. The data communication between the Client and banks and card payment centres is encrypted, which ensures the security of the Client’s personal data and bank details. The Trader does not have access to the Client’s confidential bank and payment card details. 
8.3. The personal data submitted by the Client, which the Trader has received on making the purchase by the Client are protected and they are processed according to the requirements of the Personal Data Protection Act. Personal data is collected and they are processed for the following purposes: for making purchase analyses and summaries, for making offers to the Client but also for organising Client satisfaction questionnaires. 
8.4. The buyer may unsubscribe from receiving offers and newsletters by e-mail at any time by notifying us thereof by e-mail or following the instructions provided in the e-mail with offers. 
8.5. The personal data of the Client is processed by MA Fashion Holding OÜ’s (registry code 11693207, Türi 10 C, 11313 Tallinn).
8.6. MA Fashion Holding OÜ may authorise other legal persons (authorised processor) to process personal data on the condition that a contract has been entered into with such a processor, according to which the authorised processor is obligated to keep the personal data to be processed as confidential and to ensure the relevant protection of personal data according to the requirements provided in the legislation.
8.7. MA Fashion Holding OÜ will make the list of the up-to-date legal persons available to the Client on the basis of the Client’s application, which is submitted in writing to MA Fashion Holding OÜ’s address at Türi st 10 C, 11313, Tallinn or digitally signed to the address eshopeu@marcandandre.com

© MARC & ANDRE. 2017. ALL RIGHTS RESERVED
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