Terms and Conditions
Terms and Conditions with Provision of Acceptance
The use of the remote selling process described in these General Terms and Conditions with Provision of Acceptance is reserved exclusively for consumers as defined in Art. 3 of Legislative Decree 206 of September 6, 2005, and only if the products are delivered in the Italian territory (hereinafter defined for brevity as the "Customer" or "Customers").
1. Field of Application
The following General Conditions govern sales with Provision of Acceptance of Max Mara, Weekend Max Mara and Sportmax products, completed remotely between the Customer and points of sale. These General Conditions with Provision of Acceptance must be carefully examined by the Customer before completing the remote ordering process of the product referred to above.
It is understood that entering prepaid or debit/credit card details in the payment pre-authorisation link and submitting them by clicking the “Continue” button implies total and absolute understanding and full acceptance of these General Conditions of Sale with Provision of Acceptance. Any derogations to these general conditions will only be effective if agreed upon in writing between the parties.
2. Seller Identification
Maxima S.r.l. Single-Member Company Max Mara Group, Headquartered in via Giulia Maramotti 4, 42121 (Reggio Emilia), Italy, Tel. +39 504501, Email : maximasrl@legalmail.it REA: Reggio Emilia No. 96138 Business Registry of Reggio Emilia, Tax Code and VAT 00145560355, EU VAT Code I 00145560355, Share capital Euro 600,000, (hereinafter: “Maxima”).
3. Product Information
Information relating to Max Mara, Weekend Max Mara and Sportmax products, which are subject to remote sales, and sent in the email referred to in Section 4, is provided in accordance with applicable laws and, in particular, Articles 49 and 51 of the Consumer Code and Article 1520 of the Civil Code.
4. Product Order
These Conditions were sent to you following your statement that you wish to proceed with the purchase of the selected products with Provision of Acceptance, as agreed by telephone. In the “Order” section of this email, you will find the order number and information about the products as agreed upon with the sales staff, along with the price information for each product, and the total price of the selected products, the shipping address, the payment method and estimated delivery time.
The amount of an individual order cannot exceed the sum of €10,000 total.
The order will be sent to Maxima upon conclusion of the ordering process and after entering payment information through the payment pre-authorisation link by clicking the “Continue” button. This will be stored in the Maxima order database, for the period of time required by current legislation.
The Customer's order may be refused: if there is 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 within a single order, as well as several orders pertaining to the same product, even if each order contains a quantity of products that match normal consumer needs); or force majeure.
If the order cannot be accepted, Maxima will promptly communicate the impossibility of processing the order, which will be followed by the immediate release of the payment amount.
5. Product Price
The product price, stated in the communication referred to in Section 4, relates to each item, is shown in Euros and includes VAT. Maxima will pay all taxes, duties, charges and/or costs for shipping and any product returns, as well as shipping costs following the exercise of the right of withdrawal.
6. Payment Conditions
Customer payment can only be made by the following credit/debit cards (including prepaid cards):
- Visa/Visa Electron;
- Mastercard
- Maestro International
- American Express
The total amount of the order is placed on hold on the prepaid or debit/credit card when the order is forwarded to Maxima (when the Customer selects "Continue"), with simultaneous acceptance by Maxima, pursuant to Section 4, and the activation of product preparation for shipping. In order to prevent online fraud, payments made through the “payment pre-authorisation link”, which is present in the communication referred to in Section 4, are managed online by the bank that manages the Customer's prepaid or debit/credit card, through the tools offered by Cybersource. Cybersource, and/or their affiliated companies, are responsible for the automatic storage and processing of the information pertaining to each order in a secure environment, including prepaid or debit/credit card information.
For payment, the Customer must:
- indicate the cardholder details of the prepaid or debit/credit card used for the purchase, using the link inserted in the notification referred to in Section 4; then enter the 16-digit number and expiration date on the site, as well as the relevant security code;
7. Payment Pre-authorisation
The Customer understands that by entering prepaid or debit/credit card data and confirming payment pre-authorisation, they accept these Conditions of Sale with Provision of Acceptance, and the consequent shipment of the selected products to the Customer.
After providing prepaid or debit/credit card information and confirming payment pre-authorisation, the amount corresponding to the price of the product(s) will be temporarily placed on hold on the chosen prepaid or debit/credit card, in order to guarantee payment of the price to Maxima in case of acceptance, and of the return of the goods in case of refusal of the order.
The amount corresponding to the price of the products will be temporarily placed on hold until the Customer has expressed their willingness to accept the products (and in this case the relevant amount will be charged to the prepaid or debit/credit card) or, in the event the order is refused in whole or in part, until the Customer has returned the products intact, in accordance with the provisions of Section 14.
Payment pre-authorisation will not cause any movement on the card; payment will only be made following the completion of sale (for further clarifications see Section 10. Completion of Sale).
Please Note: The Customer has 48 hours to confirm their personal information and prepaid or debit/credit card details and proceed with order confirmation. Upon expiration, the payment pre-authorisation link will expire, and a new email will be required to confirm the order and receive the chosen products.
In the event that the charge is not accepted due to incorrect data entered by the Customer, or for other technical causes which will be communicated to the Customer by the payment service provider, the Customer will not be able to complete the transaction by clicking the “Continue” button; if the Customer decides to leave the payment page in the manner indicated by the service administrator, the Customer will be redirected to a page that will inform them that the order cannot be completed.
8. Delivery
Product delivery is carried out exclusively in the Italian territory, to the address indicated by the Customer, only after the proper execution of the payment pre-authorisation forwarded to Maxima. The Customer cannot ask for delivery of products to PO boxes and/or similar. In compliance with the provision contained in Art. 61 of the Consumer Code, Maxima will deliver products without delay and within and not exceeding 30 days from the day the Customer sent the order. If the recipient or other authorised person is unavailable to receive the shipment at the time of the first delivery attempt, the express courier will make a second delivery attempt the following day. If this second attempt is also unsuccessful, ordered products will be returned to sender. Customer Service will contact the Customer to agree whether to proceed with a new sale. In the latter case, the amount pre-authorised on the prepaid or debit/credit card will be cancelled.
9. Shipping Costs
Delivery is free for all selected items.
10. Completion of Sale
From the time the ordered products are delivered to the Customer, the latter will have 3 calendar days to contact Maxima store staff by telephone to communicate whether they intend to purchase all or some of the products, or return all or some of the products.
In the event that the Customer does not communicate any of the aforementioned information within a 3 calendar day period, the products will be considered to their liking and the sale will be completed pursuant to Art. 1520 of the Consumer Code.
If the Customer has contacted the sales staff within the above time period and communicated their intention to purchase all the products ordered, Maxima will subsequently send a summary email of the Customer's final decision, and the sale will be completed pursuant to Art. 1520 of the Consumer Code.
If, however, the Customer has contacted the sales staff within the above time period and communicated their intention to purchase only some of the products ordered, Maxima will subsequently send a summary email of the Customer's final decision. From the moment of the receipt of the summary email, the Customer will have another two calendar days to confirm or not the contents of said email and express their definitive approval. If so, the order will be considered confirmed, and the sale will be completed pursuant to Art. 1520 of the Consumer Code. If the Customer does not respond within the further two calendar days, the order will be considered confirmed and the sale will be completed pursuant to Art 1520 of the Consumer Code.
Following partial or total confirmation of the order, either expressly or tacitly, the relevant amount will be charged to the pre-authorised prepaid or debit/credit card.
11. Product Returns
In the event that the Customer intends to return one or more products, or all products, Maxima will instruct the same carrier who delivered the products to collect them at the same address as the delivery.
12. Right of withdrawal
The Customer can exercise the right of withdrawal of purchased products, pursuant to Article 52 of the Consumer Code, within 14 (fourteen) calendar days, starting from the moment of the completion of sale, pursuant to the provisions of Section 10 of these General Conditions. The Customer can exercise their right of withdrawal, without stating reasons:
- free of charge, by delivering the purchased goods to any of the points of sale of the same chain that made the sale, in perfect condition, along with the label and all received documentation.
- paid for by the Customer, if said Customer does not intend to use the in-store return procedure, by returning the products to the address of the store that made the sale
In the case that the right to withdrawal satisfies the above conditions, the returned products will be reimbursed for a value equivalent to their purchase price, the amount paid by the Customer will be credited without undue delay in respect to the date of delivery to one of the available points of sale, having stated to the point of sale: name, surname and IBAN. If, instead, the Customer has chosen to return the products using a courier, Maxima will process the refund using the same payment method used by the Customer/Consumer for the initial transaction, unless another payment method is expressly agreed with the Customer/Consumer, and provided that this does not result in additional costs for the consumer.
13. Returns as a Result of the Right of Withdrawal
In the case of exercising the right to withdrawal, the Customer must return the products without delay within 14 days of exercising the right to withdrawal referred to in the aforementioned Section 12.
In this case, the Customer can return the product free of charge by delivering the purchased goods to any of the points of sale of the same chain that carried out the sale, no later than 14 days from the day of the completion of sale, pursuant to Section 10.
13.1 Conditions of Integrity for Returns
In accordance with the provisions of Article 57 of the Consumer Code, the consumer is responsible for the decrease in value of the goods returned by the Customer resulting from use that does not comply with normal diligence. 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). Consequently, during the withdrawal period, the consumer is required to examine and try the products with the necessary care and diligence, and within the limits of what they would do in a physical store.
You can return an item only if it is in the same condition as when it was received. The Customer must then ensure that:
- the item has not been used or suffered damage during being tried on;
- the item has not been dirtied or been washed;
- the item keeps all labels, tags and warranty seals on the item when checking the quality and original finishes;
- the item has not been modified in any way.
In particular, we must specify that all types of items in their original box (e.g. shoes or small accessories) must be returned in their original packaging, which is considered an integral part of the article.
In case the damaged, incomplete and/or deteriorated goods are returned and/or the conditions of use are not compliant with due diligence, notwithstanding the right to rescission, the customer will be charged the sum corresponding to the decreased value of the goods. In such cases, Maxima shall promptly notify the Customer of the damages and non-compliance found when receiving the items. The amount charged to the Customer, which in any case cannot be higher than the price paid for the purchase of the item, will be deducted from the Customer's refund.
For all questions, contact our Customer Service, and in case of questions regarding order shipping and/or delivery, you can also contact GLS Customer Service on the GLS Italia website or at 199 151 188.
13.2 Quality Control
We would like to inform Customers that Maxima submits its own garments and packaging to strict quality controls, ensuring that they are sold in perfect condition. In addition, for greater protection of those who make remote purchases, every single item shipped is checked before shipping.
13.3 Product Exchanges
Within and not exceeding 14 days from receipt of the ordered products, purchased products can be exchanged, on request of the Customer, with other products of the same style to exchange the size and/or colour, according to the same return procedures stated in the previous sections.
The Customer can also exercise their right to withdrawal on the products exchanged, according to the same procedures stated in the previous sections. The deadline for exercising the right of withdrawal starts from the receipt of the replacement product.
14. Compliance – Warranty
Regarding the compliance warranty of the purchased product, upon the sale of Maxima products governed by these General Conditions, the Customer has the right to the legal compliance warranty provided by law, and, in particular, by Articles 129, 130, 131 and 132 of the Consumer Code (Legislative Decree No. 206 of 06.09.2005). The articles of the Consumer Code relating to the legal warranty of the compliance of the goods are hereby reproduced:
" Article 129 of the Consumer Code:
1. The seller must deliver goods to the consumer which are in conformity with the contract of sale.
2. Consumer goods are presumed to comply with the contract if, where relevant, the following circumstances coexist: (a) they are fit for the purposes for which goods of the same type are normally used; (b) they comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model; (c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling; (d) they are also fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted also for facts concluding from the same.
3. There shall be deemed not to be a lack of conformity if, at the time the contract was concluded, the consumer was aware, or could not reasonably be unaware of, the lack of conformity, or if the lack of conformity has its origin in materials or instructions supplied by the consumer.
4. The seller shall not be bound by public statements, as referred to in paragraph 2(c) if he, alternatively, shows that: a) he was not, and could not reasonably have been, aware of the statement in question; b) by the time of conclusion of the contract the statement had been corrected in order to be shared with the consumer; c) the decision to buy the consumer goods could not have been influenced by the statement.
5. Any lack of conformity resulting from incorrect installation of the consumer goods shall be deemed to be equivalent to lack of conformity of the goods if installation forms part of the contract of sale of the goods and the goods were installed by the seller or under his responsibility. This shall apply equally if the product, intended to be installed by the consumer, is installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.”
" Article 130 of the Consumer Code:
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraphs 3, 4, 5 and 6, or to have an appropriate reduction made in the price or the contract rescinded, in accordance with paragraphs 7, 8 and 9.
3. The consumer, at his option, ask the seller to repair the goods or to replace them, in either case free of charge, unless this is impossible or disproportionate.
4. For the purposes of paragraph 3, a remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account: a) the value the goods would have if there were no lack of conformity; b) the significance of the lack of conformity; c) whether the alternative remedy could be completed without significant inconvenience to the consumer.
5. Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer purchased the goods.
6. The expenses referred to in paragraphs 2 and 3 refer to the necessary costs incurred to bring the goods into conformity, particularly with regards to shipment, labour and materials.
7. The consumer may, at his request, ask for an appropriate reduction in the price or the termination of the contract where one of the following situations occurs: (a) repair and replacement are impossible or excessively costly; (b) the seller did not repair or replace the goods within the appropriate time frame referred to in paragraph 6; (c) the replacement or repair previously carried out has caused considerable disadvantages to the consumer.
8. When determining the amount of the reduction or the sum to be returned, the use of the good is considered.
9. After the compliance complaint has been lodged, the seller may offer the consumer any other available remedy with the following effects: (a) when the consumer has already requested a specific remedy, the seller is obliged to implement it, with the necessary consequences regarding the appropriate term referred to in paragraph 6, unless the consumer accepts the proposed alternative remedy; b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy under this article.
10. A minor compliance defect for which it was not possible or excessively expensive to repair or replace does not invoke the right to terminate the contract."
"Article 132 of the Consumer Code:
1. The seller is liable, pursuant to Article 130, where the compliance defect occurs within a period of two years from the delivery of the good.
2. The consumer shall cease to be entitled to the rights provided for in Article 130, paragraph 2, if he does not notify the seller of the defect within two months from the date on which he discovered the defect. A complaint is not necessary if the seller acknowledged the existence of the defect or concealed it.
3. Unless there is evidence to the contrary, it is assumed that any compliance defects that occur within six months of delivery of the good existed at that date unless this theory is incompatible with the nature of the goods or the nature of the lack of compliance.
4. In any event, reporting defects that are not dealt with by the seller shall, in any event, be carried out within a period of twenty-six months after delivery of the goods; the consumer, who is bound by the contract, may, however, always claim the rights referred to in Article 130, paragraph 2, provided that the compliance defect has been reported within two months of discovery and before the expiry of the term set forth in the previous period."
In case of receipt of a non-compliant product or of a product other than that ordered, the Customer must make the product available to Maxima, and the product must have the numbered, guarantee seal intact, as placed on the item at the moment of quality control prior to shipment.
Under no circumstances will requests for tailoring alterations be granted for purchased items, since these would create excessive costs for Maxima.
Likewise, no costs that the Customer incurs in order to make tailor-made adjustments and/or alterations to the items purchased will be reimbursed, and will therefore remain at the exclusive expense of the customer.
15. Complaints - Communications - Information
For any information or complaint or for any communication regarding these general conditions of sale, orders and/or Max Mara products, the Customer may contact Customer Service through the contact details in this email.
1. The Customer can contact Customer Service for free by mail, by filling in the form, or by calling the telephone number Monday to Friday.
Please note that when the Customer decides to use any other channel or form of communication (for example: ground mail, fax, calls to a paid telephone number related to Maxima, etc.) other than those described above, Maxima will in no case be required to reimburse any costs incurred by the Customer for the use of these means of communication.
16. Personal Data Privacy and Protection Provisions
The collection and processing of data is carried out to manage and execute present and future purchase orders and in particular for the fulfilment of the obligations arising out of these General Sales Conditions.
A copy of the Privacy Policy can be found at www.maxmara.com.com.
17. Force Majeure
The performance of services by Maxima may be suspended in the event of unforeseen circumstances or force majeure that prevents or delays its execution. As such, they are considered events beyond the will of Maxima, which the latter could not reasonably expect at the time of the signing of the sales contract, such as, but not limited to, pandemics, epidemics, war, riots, insurrections, strikes and supply issues at Maxima due to third-party suppliers. Maxima will inform the Customer of any unforeseeable circumstances or force majeure within seven (7) days of their occurrence. If the service suspension extends for a period longer than 15 days, the Customer will be able to cancel the order and refund the amounts already paid.
18. Applicable Law and Jurisdiction
These general sales conditions are governed by Italian law.
In the event of disputes regarding these general sales conditions, the Customer is informed of the possibility of using the ODR platform for resolving online consumer disputes pursuant to EU Regulations 524/2013 and Legislative Decree 130/2015 adopted in implementation of EU Directive 2013/11. This platform is live at the following website https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT.
However, the Customer has the right to use the ordinary dispute resolution methods arising from the interpretation, validity and/or performance of these general conditions of sale, and, in this case, the inviolable territorial jurisdiction will be the Court in the location of the consumer's residence or domicile.