The use of the remote sales process described in these general conditions of sale on approval is reserved exclusively for consumers as defined in art. I.1, 2° of the Code Economic Law of 28 February 2013 and art. 1649bis § 2, 1° (old) Civil Code and only if the products are delivered within the Belgian territory (defined below for brevity “Customer” or “Customers”).

 

1. Field of application

These general conditions govern the sale on approval of products by Max Mara, Weekend Max Mara, Sportmax concluded remotely between the Customer and stores. These general conditions of sale on approval must be carefully examined by the Customer before completion of the remote ordering procedure for the abovementioned product. 

It is understood that the entering of credit 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 agreed in writing between the parties. 

 

2. Identification of the seller

 

COMAX SA, registered offices in Avenue Louise n°19, 1050 Bruxelles, Belgium, Tel. +32 10 24 37 68, registered in the companies registry (BCE) number 0424.085.087, VAT number BE0424.085.087.

 

3. Product-related information

Information relating to Max Mara products likely to be sold remotely and sent by email as referred to in point 4, is provided in accordance with current law and, in particular, Book VI of the Code Economic Law and art. 1649bis – 1949octies (old) Civil Code.

 

4. Ordering the product

These conditions have been sent to you following your statement of intent to purchase on approval of the selected products, as agreed by phone. In the "Order" section of this email, you will find the order number and information about the products selected and agreed with sales staff, the retail price of each product and the total price of the selected products, shipping address, method of payment and indicative delivery times. 

The total amount of any single order may not exceed € 10,000.

The order will be sent to Comax SA 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 will be stored in the Comax SA orders safekeeping database, for the time provided by law.

 

The Customer's order may be refused in the event of the following: errors in the information provided by the Customer; 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 purchased 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); reasons of force majeure.

If the order cannot be accepted, Comax SA will promptly give notification of any inability to process the order followed by the immediate release of the amount held for payment.

 

5. Product pricing

The price of the product indicated in the notification referred to in point 4 relates to each item, is expressed in euros and is inclusive of VAT. Comax SA will be responsible for the payment of all levies, taxes, charges and/or shipping costs and the eventual return of the product, as well as delivery expenses upon exercise of the right of withdrawal.

 

6. Payment conditions 

Payment by the Customer may be made only with the following credit cards:

• Visa/Visa Electron; 
•  Mastercard; 

• Maestro International.

The total amount of the order is held on the credit card from the time of submission of the order to Comax SA (when the Customer selects “Order with an obligation to pay”), with simultaneous acceptance by Comax SA, pursuant to art. 4, 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”, found in the notification referred to in point 4, is managed online by the bank that handles the Customer’s credit 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 card used.

For payment purposes, the Customer must:

-    using the link included in the notification referred to in point 4, indicate the details of the holder of the credit card used for the purchase; then, on the same site, forward the 16-digit number, expiry date and card security code.

 

7. Payment pre-authorisation

The Customer is aware that the entering of credit card details and confirmation of payment pre-authorisation entails acceptance of these conditions of sale on approval and the subsequent sending of the selected products to the Customer.

Following the provision of credit card details and confirmation of payment pre-authorisation, the amount corresponding to the price of the product(s) will be temporarily held on your credit card in order to ensure payment of the price to Comax SA in case of acceptance, and return of the goods in the case of refusal of the order.

The amount of the price of the products will be temporarily held until the Customer has expressed his/her willingness to accept (and in this case the relevant amount will be charged to the credit card) or, in case of partial or complete refusal of the order, until the Customer returns the products intact in accordance with art. 14. 

Payment pre-authorisation does not generate any movement on the card; the payment will be effected only after the sale has been finalised (for more clarification see point 10. Finalisation of the sale).

N.B. The customer has 24 hours to confirm his/her personal data and credit card details and to confirm the order. The payment pre-authorisation link will expire with this deadline and a new email will be needed to confirm the order and receive the selected products. 

If the charge cannot be made because of incorrect data entry by the Customer or for other technical reasons that will be communicated to the Customer by the payment service provider, the Customer will not be able to conclude the ordering procedure by clicking the button “Order with an obligation to pay”. If the Customer leaves the payment page in the manner specified by the payment service provider, he/she will be redirected to a page where it will display the inability to complete the order.

 

8. Delivery

Products will be delivered exclusively within Belgian territory, to the address indicated by the Customer, only after proper execution of the order payment pre-authorisation forwarded to Comax SA. The customer may not request delivery of the items to PO boxes and/or similar destinations. In accordance with the provision of art. VI.45, 7° of the Code Economic Law, Comax SA will ensure delivery of products without delay and in any event no later than 30 days from the day when the Customer submitted the order. 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. Customer Service will contact the Customer to agree on whether to proceed to a new sale. The pre-authorised amount held on the credit card will then be unlocked.

 

9. Delivery costs

Delivery is free for all selected items.

 

10. Finalisation of the sale

From the time of delivery of the products, the Customer will have three calendar days within which to phone Comax SA store staff and indicate whether he/she intends to buy all the products or only some of them or return all products or only some of them.

If the Customer makes no communication within the above three-calendar day period, the products shall be deemed approved and the sale will be concluded pursuant to art. 1583 of the (old) Civil Code.

If the Customer contacts the sales staff within the above period and declares his/her intention to buy all the products ordered, Comax SA will send an email summary of the Customer’s final decision and the sale will be concluded.

If, however, the Customer contacts the sales staff within the above period and announces his/her intention to buy only part of the products ordered, Comax SA will then send an email summary of the Customer’s final decision. From the time of receipt of the summary email, the Customer will still have two calendar days to confirm or refute the content of the email and give his/her final approval. If approval is given, the order will be considered confirmed and the sale will be completed pursuant to Art. 1583 of the (old) Civil Code. If the Customer does not express an opinion within this further deadline of two calendar days, the order shall be considered confirmed and the sale shall be completed pursuant to art. 1583 of the (old) Civil Code. 

Following the partial or total confirmation of the order in express or tacit form, the relevant amount will be charged to the pre-authorised credit card.

 

11. Return of products

If the Customer intends to return one or more or all of the products, Comax SA will instruct the courier that delivered the products to collect them from the same delivery address.

 

12. Right of withdrawal

The customer may exercise the right of withdrawal with respect to products purchased, pursuant to art. VI.47 of the Code Economic Law, within 14 (fourteen) calendar days from the time of finalisation of the sale, in accordance with art. 10 of these general conditions. The customer may exercise his/her right of withdrawal, without providing reasons:

- 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 htpps://be.maxmara.com/store-locator (excluded Brugge), in pristine condition and accompanied by the label and all the documentation received.

- at the customer’s expense, if they do not intend to use the in-store returns process, by returning the goods to the shop address related to the initial order. All return shipping costs will be at the Customer’s expense.

If the exercise of the right of withdrawal meets the above conditions, the refund of the value of the returned products, equivalent to their purchase price, will be made by crediting the amount paid by the Customer, without undue delay from the date of receipt at one of the stores among those that can be selected, upon provision of the Customer’s name, surname and IBAN at the store. If the Customer has chosen to return products by courier delivery, Comax SA will make the refund, without undue delay, using the same means of payment as used by the Customer/consumer in the initial transaction, unless another means of payment is expressly agreed with the Customer/consumer and provided that this does not cause any additional costs for the consumer.

 

13.Returns following the right of withdrawal 

In the event of exercise of the right of withdrawal, the Customer must return the products without delay and in any case within 14 days from the exercise of right of withdrawal as referred to in art. 12 above. 

To this end, the Customer may return the products free of charge, by delivering the purchased goods to any of the stores among those that can be selected and consulted at  the link https://be.maxmara.com/store-locator (excluded Brugge) no later than 14 days from the date of finalisation of the sale, in accordance with art. 10.

 

13.1 Integrity conditions for returns

The consumer is liable for any decrease in the value of the goods returned by the customer, resulting from any use not in accordance with normal care. 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). Consequently, during the withdrawal period, the consumer must examine and test the products with care and due diligence and within the limits that would be appropriate in a physical store.

An item can be returned only if it is in the same condition as when it was received. The Customer must therefore ensure that:

- the item has not been used or damaged during the trial;

- the item has not been soiled or subject to washing;

- the item retains all tags, labels, warranty seal affixed to the garment during quality control and original finishes;

- the item has 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 item is returned damaged, incomplete, deteriorated and/or in conditions of use not in accordance with normal care, the Customer will be charged for the amount equal to the decrease in value of the goods, without prejudice to the right of withdrawal. In this case, Comax SA will, upon receipt of the items, promptly notify the Customer of the damage and non-conformities. The amount charged to the Customer, which in any case shall not exceed the purchase price of the item, will be deducted from the refund due to the Customer.

If you have any queries please contact our Customer Service lines, and for information regarding shipment and/or delivery of the order you can also contact customer service.

 

13.2 Quality control

We want Customers to know that Comax SA subjects its garments 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, the Customer may request the replacement of the products with others of the same model but in a different size and/or colour, by using the same refund procedures as described in the articles above. 

The Customer can exercise the right of withdrawal also on the replaced products, following the same procedures outlined in previous articles. The term for exercising the right of withdrawal shall begin from receipt of the replaced product.

 

14. Conformity - Guarantee

With regard to the guarantee of conformity of the product purchased, the sale of Comax SA products regulated by these general conditions entitles the Customer to the legal guarantee of conformity provided for by law and in particular by art. 1649bis – 1949octies (old) Civil Code).

 

In the case of reception of a non-conforming product or a product other than that ordered, the Customer must make the product in question available to Comax SA, and the product must retain intact and unremoved the numbered warranty seal as affixed to the garment at the time of quality control prior to shipment.

In no circumstances may requests for tailoring adjustments to the purchased garments be fulfilled, as they are excessively expensive for Comax SA.

Likewise, there will be no refund of any costs incurred if the Customer independently makes tailoring adjustments and/or modifications to the purchased garments, which will remain the sole responsibility of the Customer.

 

15. Complaints - Communications - Information

For any information or complaint, or for any communication regarding these general conditions of sale, or for orders and/or Max Mara products, the Customer may contact Customer Service using the contact details shown in this email.

 

1. The Customer may contact Customer Service free of charge via email by filling out the form, or by calling the appropriate phone number, which is active from Monday to Friday.

Note that if the Customer decides to use any channel or form of communication (for example: paper-based mail, fax, calls to a paid phone number referable to Comax SA etc.) other than those described above, Comax SA will not in any case be obliged to refund costs incurred by the Customer for the use of such means of communication.

 

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 Conditions of Sale.

A copy of the Privacy Policy can be found at www.maxmara.com.

 

17. Force majeure

The performance of the services by the Comax SA company may be suspended in the event of unforeseeable circumstances or force majeure that prevents or delays the performance. Such events are considered to be those beyond the control of Comax SA and which the latter could not reasonably expect to have occurred at the time of conclusion of the sales contract, such as, but not limited to, pandemics, epidemics, war, riots, insurrections, industrial strikes and Comax SA supply problems attributable to third party providers. The Comax SA company will inform the Customer of the occurrence of unforeseeable circumstances or force majeure within seven (7) days of the occurrence thereof. If the suspension of the service endures for a period of more than 15 days, the Customer will have the right to cancel the order and will be refunded for amounts already paid.

 

18. Applicable law and court with jurisdiction

These General Conditions of Sale are governed by Belgian Law.

In the event of disputes concerning these general conditions of sale, the Customer is informed that they can have recourse to the online dispute resolution (ODR) platform for consumers pursuant to EU Regulation 524/2013 and Legislative Decree No. 130/2015 adopted in implementation of EU Directive 2013/11. This platform is active at the following web address:

https://ec.europa.eu/consumers/odr/main/?event=main.home.show&lng=EN.

 

The Customer in any case has the right to recourse to ordinary means for the settlement of disputes arising from the interpretation, validity and/or execution of these general conditions of sale, and in this case the mandatory territorial jurisdiction will be the court of the consumer’s place of residence or domicile.