Terms & Conditions
Article 1. Definitions
1.1 Terms & Conditions (hereinafter referred to as “Terms”): are valid on all sales through www.marciano-couture.com where applicable.
You automatically comply to these Terms as soon as you place an order.
1.2 Company: Marciano Couture.com (hereinafter referred to as “Marciano Couture”) is the brand name of Marciano Couture and is an online webstore that sells clothing and related products by “sale on distance” to retailers and/or consumers.
1.3 Consumer: a natural person or company that agrees to sale on distance with Marciano Couture and related company.
1.4 Agreement: an agreement on sale on distance between Marciano Couture and consumer.
Article 2. Applicability
2.1 These Terms apply to all offers by Marciano Couture on any distance agreement concluded between company and consumer.
2.2 On all offers, orders and agreements using the website (www.marciano-couture.com) it is that these conditions apply.
2.3 Before the distance agreement is concluded, these conditions are made available via our website. The acceptance of an offer, or placing an order implies that these conditions are accepted.
2.4 These conditions can be waived only in writing. If any part of these conditions are waived, the remaining provisions remain in force. If any deviations are agreed upon, the consumer may not derive rights on these past deviations for future transactions.
2.5 Unless otherwise agreed upon in writing, terms and conditions of third parties are not recognized by Marciano Couture.
Artile 3. Agreements
3.1 An agreement only comes to be after acceptance of your order by Marciano Couture. Marciano Couture is entitled to refuse orders or attach certain conditions to the delivery. If an order is not accepted then this is (with mention of reason) notified within five (5) business days after receiving the order of the consumer.
4.1 All offers of Marciano Couture are (other then the purchase itself) non-binding. Marciano Couture expressly reserves the right to change prices, especially when under (legal) regulations.
The prices for the products are expressed in euros, including VAT (Value Added Tax). Shipping costs are (unless otherwise stated) not included in the prices. Before conclusion of the agreement, the rates for shipment (postage) are communicated via the website.
4.2 For all shipments (within or outside the Netherlands) shipping costs are being calculated. For customers from countries other than the Netherlands, the contribution towards the costs of shipping and insurance are combined and presented in one price.
4.3 Marciano Couture cannot be held to price indications that are incorrect, for example, as a result of import and/or printing errors. No rights can be derived to illicit price information.
Article 5. Payment
5.1 Payment is made entirely in advance.
5.2 Payment can be made in different ways as listed below and are indicated during the order process. The order of a consumer can include further (payment/order) conditions. After placing an order, the consumer directly receives a confirmation by e-mail with reference of the total cost.
5.3 iDeal: If you bank on-line via internet at the ABN AMRO, ASN Bank, Rabobank, Revolut, SNS Bank, RegioBank, ING, Knab, bunq, Moneyou, Triodos Bank en Van Lanschot Bankiers, you can use our site and pay your order secure with electronic payments. An electronic payment via internet is similar to a PIN payment in a shop. After placing your order, choose the payment method iDeal. This opens a screen where you can choose the bank where you bank on-line. Follow the procedure that you are used to with paying via Internet banking. In principle, the payment is processed the same working day. For more information, please refer to the website of iDeal.
5.4 PayPal: If you prefer to pay for your order in a different, safe and electronic way you can do that too with PayPal. With this payment system you can pay for the order electronically through our online store.
5.5 Direct and online through credit card payment (American Express, VISA and MasterCard). Your payment is authorized online, so that you know whether or not approved. No additional charge for credit card payments are calculated.
5.6 In the event of the bankruptcy or receivership (or request) of the consumer, the progress of Marciano Couture is immediately due and payable. If Marciano Couture gives out the claim for payment of the collection, the consumer is obliged to pay the fixed amount of 15% of the extrajudicial collection costs. If Marciano Couture can prove necessary to have made higher costs, then these costs also will be payed for by the consumer.
Article 6. Delivery
6.1 All articles from the online shop are available from stock. Unfortunately, it can happen that a product is no longer available, in this case we will notify the consumer as soon as possible.
6.2 Marciano Couture strives to send out all orders within 1 to 2 business days after receiving receipt of payment. This happens on to the delivery address specified by the consumer in the order. Should the delivery time for certain reasons differ then the consumer will get a message via email. An order usually will always be sent within 1 to 2 business days after receiving the payment.
6.3 Exceeding delivery time gives consumers no right to compensation for damages, cancellation of the agreement or breach of any obligation, from this or any other related agreement.
6.4 The order must be delivered no later than 30 days with consumers after order confirmation. If it turns out to be impossible to deliver an order within 30 days the consumer is informed in good time and he has the right to cancel the order free of charge. In this case, Marciano Couture will allow for reimbursement. This does not apply if the parties have agreed a different delivery period.
6.5 Delivery in portions is allowed.
6.6 The delivery obligations are fulfilled by Marciano Couture as soon as the delivery is offered.
6.7 In case of refusal/failure to pick up the offered freight, storage costs as well as the risk of damage/destruction of the consignment, accountability is a responsibility of the consumer.
6.8 Offered products are clear and truthful depicted and/or described, as fully as reasonable required. However, it may happen that colours differ slightly from reality.
6.9 Marciano Couture is never responsible for consequential damages.
6.10 Delivery is not free, we will always charge shippingcosts unless specifically communicated in writing or for special offers where free shipping is offered.
Article 7. Ownership reservation
7.1 The ownership of delivered products shall proceed on to the consumer if (on the basis of the relevant agreement) delivery of the products has been met.
Article 8. Exchange/return of articles
8.1 We do everything we can to inform you about the articles on our website. If you do not wish to keep an article (and without giving any reason) you have the right to return product within fourteen (14) days after receiving the order for a refund or exchange.
8.2 During this 14-day period you, as the consumer, will handle the product and the packaging. You will only unpack or use the product to the extent necessary in order to assess whether he or she wishes to keep the product. If you`ll use the right to exchange the product, you will –preferably– return the product(s) undamaged and in original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by the company with the purchase. The instructions are also to be found on our `Return & Exchange` page at the bottom of our website under the `Support` category.
8.3 Marciano Couture only accepts exchanges/returns for which the instructions are followed, not complying with these instructions can have depreciation of the refund amount as result.
8.4 For shipping items within Netherlands € 7.25 to postal charges will be charged. This amount will be deducted from the total amount of the purchase, the remaining amount will then be refunded back to your account.
8.5 Shipping costs (postage) from a country other than the Netherlands will be minimal €9.- and can go up to €30.- for these postal charges (plus any other charges), based on the country of dispatch. The amount of the refund will be retained from the purchase costs, this could make a return or exchange very expensive.
8.6 Your return will be confirmed after receipt of the goods by e-mail. The purchase price of the exchange, minus the postage, we will be refund within 10 business days on the account the amount is from.
Article 9. Complaints
Complaints regarding delivery and/or the quality of your order.
9.1 We do everything we can to deliver a perfect product. Upon receiving your order, you need to inspect the delivered goods immediately and report defects immediately in writing. If a garment is not delivered in accordance with your order or does not meet the description on our website, you must immediately notify us. This can be done by sending an email to firstname.lastname@example.org.
9.2 Warranty is void when the customer tries to repair any defects themselves without consultation and/or when the instructions for use have not been met.
9.3 If you have a complaint about an item that you purchased with us then we would like to know about that.
So please, notify us! You can do that by sending an email to email@example.com.
9.4 We will consult the problem with you, then attempt to solve it. In all cases, the instructions of returning stay in exact conformance.
9.5 In order to ensure a smooth resolution of your complaint, please strictly follow the instructions that you have received with your purchase.
Article 10. Liability
10.1 Lliability for damages of any kind, direct or indirect, including trading loss, consequential loss, damage to movable or immovable property or to individuals, is expressly excluded. Nor is Marciano Couture liable for damage that is caused by third parties in execution of the agreement.
10.2 Marciano Couture accepts no liability for any damages resulting from the use of products that have been sold.
10.3 Any liability of Marciano Couture towards the customer is, in any case, limited to the invoice amount of the order and it`s attached agreement.
10.4 To avoid any misunderstandings, delays or incomplete orders and late notices as a result of the use of internet or any other means of communication between the consumer and Marciano Couture, or between Marciano Couture and third parties, as far as pertaining to the relationship between the consumer and Marciano Couture: Marciano Couture is not liable, unless (and to the extent of) intent or if gross negligence on the part of Marciano Couture has been committed.
Article 11. Force majeure
11.1 In the event of force majeure Marciano Couture has the right to, at its option, suspend the execution of the order to a consumer, or to dissolve the agreement without judicial intervention, in writing and through this without that Marciano Couture held to any compensation, unless in the circumstances to standards of reasonableness and fairness would be unacceptable.
11.2 Force majeure means any shortcoming which can be attributed to Marciano Couture, not because it is not due to her fault and not under the law, legal act or generally accepted for her account.
Article 12. Governing law and jurisdiction
12.1 All rights, obligations, offers, orders and agreements to which these conditions apply, as well as between Marciano Couture and consumers which these conditions apply, only the Dutch law is applicable.
Questions, complaints and comments
If you, after reading these conditions, have questions and/or comments about these terms and conditions, we kindly request to contact us in writing, by phone or by email.
Marciano Couture Telephone: +31 6 18 54 01 32
Lupineplein 8-1 E-mail: firstname.lastname@example.org
1031 VM Amsterdam Website: www.marciano-couture.com
Noord-Holland, the Netherlands
No parts of these Terms and Conditions may be changed or modified without our explicit written permissio, all rights are reserved.