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1. The general terms and conditions contained herein (hereinafter: "T&Cs") are applied to all orders and purchases of cosmetic fashion and accessories (hereinafter: "Products") on the website eu.weekendmaxmara.com (hereinafter: "Website") managed by E-volve Service Sagl, a company under Swiss law, with office in Via Cantonale 2b, CH-6928 Manno, Switzerland (hereinafter: "E-volve"), made by subjects residing in countries where the website is or will be active (hereinafter: "Customers").
2. The customer must carefully read the T&Cs before making all purchase orders.
3. With acceptance of the T&Cs and placing of an order, the customer acknowledges that it:
i. has read, understood and fully accepted the T&Cs without reserve;
ii. is a consumer wanting to purchase the Products exclusively for personal use and not for resale within the context of any commercial or business activity of any kind whatsoever;
iii. authorises E-volve to store, process, use and transfer to third parties and/or abroad, the data (personal) contained in the order for the purpose of fulfilling the same.
4. E-volve shall take all steps to ensure that the information contained on the website is accurate and up-to-date. However, it is not possible to offer guarantees to this effect. The customer therefore acknowledges and accepts that the Products may not be fully compliant with the indications, specifications and/or photographs on the website.
5. The sales agreement entered into by E-volve and the customer is understood as finalised once E-volve sends written confirmation of the delivery to the Customer at the email address indicated by the latter on the purchase order.
6. E-volve shall consider any change requests that it receives prior to shipment of the Products al Customer.
7. If a specific Product listed on the Customer's order is no longer in stock, E-volve shall in no way be bound to supply the Product in question, but will only be obliged to inform the customer in advance of said circumstance. If only part of the Products indicated in the order are available, E-volve will contact the Customer to ask if it intends cancelling the order or is willing to receive the available items; in the latter case the Customer will only be charged for the Products it receives.
8. E-volve reserves the right, at its own discretion, to reduce the amount of Products that can be purchased on the website.
9. The prices of the Products, will always be the ones indicated in the invoice in the currency indicated in the shopping cart. E-volve will in any case do everything in its power to ensure that the prices indicated on the website are correct and updated.
10. The shipping and delivery expenses may vary depending on the country and will be charged to the Customer at the time of shipping the Products ordered, based on the shipping rates in force and indicated in the relative section on the website.
11. Payment must be made by the Customer at the time of confirming the delivery, either by credit card or by one of the other methods indicated in the relative section on the website.
12. The Products will be shipped to the delivery address indicated on the order by the Customer.
13. As a general rule, the Products will be shipped within 30 (thirty) days after confirmation of the order by E-volve, nevertheless the delivery times may vary depending on the country of destination. In the case of the delivery being delayed for reasons out of E-volve's control, if possible, the Customer will be notified of the new delivery date.
14. E-volve reserves the right at its own discretion to refuse, suspend or cancel the delivery or any of its obligations deriving from the sales agreement in the case of alleged fraud, non-performance or violation by the Customer of its obligations assumed with E-volve in previous orders and/or sales agreements. If the purchased products will require the crossing of customs (depending on the country of destination) and the customer decides not to receive the order once it has arrived at customs, E-volve doesn't guarantee the reimbursement of the goods which will be abandoned in place.
Right to withdraw
15. The customer has the right to return the Products purchased on eu.weekendmaxmara.com, without any penalty being charged and without need for justification, either within 14 (fourteen) calendar days after receipt by the Customer of the Products in question, or within the term established by the mandatory regulations applicable in the country where the Customer resides, if this is longer.
16. Upon receipt of the Products by E-volve, the sales agreement shall be cancelled for all purposes and all the relative obligations, rights and claims shall lapse, notwithstanding the fact that if the Products returned to E-volve are damaged, E-volve shall be entitled to compensation for said damages with the payment already made by the Customer for the Products.
17. Besides everything indicated above (articles 15-16), the right to withdraw is subject to the following conditions:
i. Within and no longer than fourteen (14) days from receiving the products, the customer has the right to request a return (''RMA''). If the customer is a registered user, he or she can manage the return request by logging on the personal area "My Orders", by clicking on “RETURN”. If the customer purchased as a website guest, without signing in, he or she has to contact the customer service.
ii. After receiving the RMA, the Products must be returned to E-volve, at the Customer's risk and expense in a single delivery by courier or registered mail 2 (two) days after receipt of the RMA to the following address: Evolve group c/o Traconf Srl, VIA DELL'INDUSTRIA 8/12 - 37060 Sona (VR) Italia; please ensure that both the recipient (E-volve Group) and the RMA code are clearly visible on the package, so that it does not go missing; should Evolve not receive the returned merchandise, Evolve will request the Customer to provide the proof of delivery: the delivery slip signed by the recipient of the returned package. If the Customer is unable to provide the proof of delivery, Evolve cannot grant the refund of goods. .
iii. The Products that are returned must not be used, worn, or damaged;
iv. The identifying hang-tags of the Products must still be attached to the same;
v. The Products must be returned in their original packaging, together with any accessories or instruction manuals;
18. As soon as E-volve have ascertained that the required conditions for the returns have been met, they will send the Customer an email of confirmation accepting the returns and start the procedure for reimbursing the amount paid for the Products returned within 30 (thirty) days, irrespective of the payment method adopted by the Customer. Reimbursements will only be made to Customers who have made payments previously.
19. In case the above-mentioned conditions are not observed, the Customer will not be entitled to any reimbursement for the amount paid to E-volve. The Customer, however, will be fully entitled to pick up returned Products at the Evolve Group warehouse at his or her risk and expense. If the Customer does not request the resending of the returned Products by 30 (thirty) days after receiving notice from E-volve, E-volve will be entitled to keep them together with the amount paid by the Customer for said Products.
Guarantee and limited liability
20. E-volve' s guarantee is circumscribed to any apparent defects of the Products - excluding without limitation, any implicit guarantee regarding quality and suitability to this effect for the Customer - for a period of 2 (two)years after delivery of the Products.
21. The guarantee only gives the right to obtain reimbursement of the amount paid for the defective Products, provided the defect is notified to E-volve within 2 (two) months after being detected.
22. Besides everything specified above (articles 20-21), the right to reimbursement is subject to the following conditions, under penalty of forfeiture of the guarantee:
i. Before returning back any defective products to E-volve, the customer must request an authorization to return the products. If the customer is a registered user, he or she can manage the return request by logging on the personal area "My Orders", by clicking on “RETURN” and arrange the return service. If the customer purchased as a website guest, without signing in, he or she has to contact the customer service to arrange the return service.
ii. Defective Products will be picked up by E-volve, at ITS own expenses.
23. Upon receipt of the Product and verification of the alleged defect, E-volve will send the Customer an email of confirmation accepting the return and start the procedure for reimbursing the amount paid for the Products returned within 30 (thirty) days, irrespective of the payment method adopted by the Customer. Reimbursements will only be made to the Customer who made the payment.
24. With the exception of the aforementioned guarantee, E-volve excludes every and any liability (contractual or tort) regarding the Customer, within the limits of the mandatory applicable regulations.
25. E-volve's maximum aggregate liability can under no circumstances exceed the amount paid by the Customer for purchasing the Product.
26. In the case of one or more clauses in these T&Cs being invalid, voidable, illegal or unenforceable, this will not entail the total ineffectiveness of the T&Cs. The clause in question will be replaced by a similar valid clause that duly takes into account the intention and content of the same in full observance and for the purposes of the current regulations.
27. These T&Cs are subject to substantive Swiss law (with the exclusion of Swiss legislation regarding international private law and international treaties, in particular the United Nations' Convention governing international sales agreements of goods). Any disputes arising will be settled exclusively by the competent Court of Lugarno (Switzerland).