1. Acceptance of the Terms and Conditions
Welcome to the website of Torontomax Inc. (“Max Mara”, “our”, "we" or "us"). The following terms and conditions of use (together with any documents referred to herein) ("Terms and Conditions") apply to your use of our website [ca.maxmara.com] and its products and services, including any related web pages, content and functionality offered thereon (collectively, the “Site”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. ANY PERSON WHO WISHES TO USE THIS SITE MUST ACCEPT THESE TERMS AND CONDITIONS WITHOUT CHANGE.
Max Mara makes no representation that the Site or any materials or Content (as defined below) are appropriate or available for use in locations other than Canada. If you choose to access this Site from locations outside of Canada, you do so at your own risk and are responsible for compliance with the laws of that jurisdiction. The Site is not intended for use by children under the age of 13. By using this Site, you hereby represent and warrant that, you are domiciled in Canada and you are over the age of legal majority in the jurisdiction where you reside.
The entire contents of the Site, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Site’s “look and feel”, logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Site as a collective work and/or compilation (collectively the "Content") is protected under Canadian copyright, trademark, competition and other laws of Canada and other nations, and is owned by Max Mara or has been licensed to Max Mara. You will want to abide by all copyright and trademark notices, or restrictions contained in any Content accessed through the Site because a failure to do so may lead to legal liability being imposed on you. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, logo or any other intellectual property displayed on this Site.
Max Mara grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and its Content for your own private, non-commercial use only. You agree that you are using this Site and its Content for your own personal, non-commercial use only.
You may download a copy of the Content for your own private and non-commercial uses only, without alterations, provided that you maintain all copyright, trade-mark notices and other attributions contained in such Content (including without limitation, the copyrights and trade-marks of Max Mara, its affiliates or any third parties that are identified). You do not acquire any ownership rights by downloading Content from this Site. Except as otherwise provided herein, you may not copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Site, the Content or any portion thereof without the express prior written consent of Max Mara.
You acknowledge and agree that these Terms and Conditions will remain in effect for so long as you use this Site. However, we reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of the Site, the Content or any portion thereof, at any time, with or without notice, with or without cause, if we have reason to believe you have violated, or have attempted to violate, these Terms and Conditions in any way.
We may change, suspend, discontinue and/or restrict the use of all or any portion of the Site or the Content (including the availability of any products, data or other information contained on the Site), at any time for any reason and without notice or liability. We reserve the right, with or without notice to you, to change any of the products or services offered on the Site or any other aspect of the Site or the Content, including, but not limited to, hours of operation, site maps, menu structures, access procedures, software commands, documentation, and/or service providers.
You may use the Site and the Content only for lawful purposes and in accordance with these Terms and Conditions. You agree not to:
The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.
The Site may contain links to other Internet and mobile websites and resources, including websites operated by social media platforms, affiliates, service providers, and third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Max Mara of such other website(s), and is for your reference and convenience only. Except with respect to the Max Mara global site located at [http://www.world.maxmara.com], Max Mara has no control over such other websites including but not limited to their privacy policies, services and products, and expressly disclaims all responsibility or liability in connection with such other websites and their content (including the accuracy thereof).
If you leave this Site, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such other website. Linking to any other website is at your own risk and subject to the terms and conditions and privacy policies of such third party website(s), which you should review carefully before engaging in any transactions on such website(s). You may not link a third party website(s) to this Site without the express prior written permission of Max Mara.
We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colors that you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Certain weights, measures and similar descriptions of our products are approximate and are provided for convenience purposes only.
We make commercially reasonable efforts to display as accurately as possible the pricing, availability, description of products, or other Content that appears on this Site; however, it is not possible to ensure that the Site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colors, description of products, or other Content on this Site. Max Mara reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions and to change or update information on the Site at any time without prior notice to you, provided that Max Mara and the consumer are not bound by a consumer agreement. Products displayed on the Site are available while supplies last and we make reasonable efforts to ensure that our Site accurately represents the availability of our products. In some cases, merchandise displayed for sale on the Site may not be available in Max Mara stores. In-store pricing may sometimes differ from online prices and prices may change without notice. The prices displayed on the Site are quoted in Canadian Dollars and are valid and effective only in Canada.
Prior to entering into a contract through our Site, we will provide you with the details of your desired purchase, including but not limited to: a description of the product that you wish to purchase, an itemized list of the prices of your purchase including all taxes and shipping charges, the total amount of your purchase, the terms and methods of payment, the address for the delivery of your product, the manner of delivery and the currency. In the event that there is a technological error and such information is not displayed at the time you complete your purchase, please contact Max Mara at the above contact information. Please ensure that you have read and examined all the details of your purchase and have corrected any errors of your own doing before agreeing to the purchase.
All purchases through our Site are governed by our returns and refunds policies, shipping policies, and terms and conditions of sale set forth herein as the same may be amended from time to time.
Payment must be made by using one of the following credit cards or an active PayPal account.
- Master Card;
- American Express;
- Discover Card.
The total amount of the order is charged to your credit card or PayPal account at the time the order is shipped. To pay by credit card or PayPal, you must enter the account holder details, credit card number and security code information required at the check-out portion of the Site. For payment using a PayPal account, you must enter your username and password in the specific fields on the PayPal page you are automatically directed to, then follow the procedures indicated on the page. The order procedure shall be considered effectively concluded on completion of the payment transaction. Once Max Mara receives your payment, you will be automatically redirected to the page of the Site displaying the confirmation of acceptance of the order. Max Mara will also send an e-mail to you confirming the order.
Please ensure that you retain such confirmation for your own records and contact Max Mara in the event that you do not receive such confirmation within fifteen (15) days of purchasing the product on our Site.
In the event that it is impossible to carry out the purchase as a result of your making a mistake in entering the data or due to other technical causes, you will not receive a confirmation of your order. If you decide to leave the payment page you will be redirected to a page of the Site which displays a message stating that it is impossible to confirm the order. In these circumstances, your desired product will not be delivered.
Products purchased by you through the Site (“Product(s)”) shall be delivered to the address in Canada that you have provided in your order in approximately six (6) business days following the acceptance of the order. You cannot request the delivery of a Product to a post office box and/or similar addresses. After you receive the confirmation of your purchase from Max Mara, your Product will be delivered in accordance with these Terms and Conditions. All Products will be of reasonably acceptable quality and in accordance with the description included in your contract with Max Mara. If Max Mara delivers an item that was not of the quality or quantity accepted in your contract, you may reject the delivered item and return such item in accordance with paragraph 17.5 of these Terms and Conditions.
Max Mara will send an e-mail to you advising you when your Product is shipped from its warehouse. In the event that your Product is not delivered to you within four (4) business days following the date of shipment and it has proven impossible to track the location of the Product using the on-line system that will be made available to you, you must notify us of the non-delivery of the product(s) using the “Contact us" page in the Customer Care section of the Site. In such case, we provide a new shipment of the lost Product following your notification, unless the Product is no longer available or we cannot make delivery due to a force majeure event, in which case, the order will be cancelled and the amount paid by you will be refunded.
Shipping is free for all Products.
A Product can be returned free of charge, with no shipping costs, provided that the Product is perfectly intact and in the same condition as you received it (see paragraph 17.2 below), and the related return period has not ended (see paragraph 17.3). After you have completed the procedure set forth below, you will receive an email confirming the acceptance of the return, containing the Tracking Number for the prepaid UPS pick up request, the link to the page of the UPS website where you can track your shipment, and the attached transport document. From the time you receive the confirmation email, you have fourteen (14) days to deliver the Product to UPS. You can schedule the day and time you prefer for pick up directly with UPS (as per the instructions below). You can renew the pickup request only if you are still within the return period defined in paragraph 17.3. Note that when the return is picked up, you will be asked for the printout of the transport document attached to the confirmation email you received. Thanks to this free return service, you can be certain that you will receive a refund for the returned Product in the event the shipment is stolen or lost.
You should always save the original packaging, which is essential for the subsequent acceptance of the return by Max Mara's quality control department. Note that we can only refund a Product that is returned in a condition that complies with the rules regarding intact items (see paragraph 17.2 below). Our staff will carry out the necessary quality checks on the items returned, during the working days following the date the returned items were delivered to our offices. Following these checks, you will receive an email confirming their outcome. The crediting of the amount due for all items received in the proper condition will then be made. If one or more items do not pass our verification process, we will notify you of this and you will not receive a refund for such items. If you have any questions, please contact our Customer Care, or Customer Service as described on the Site or at firstname.lastname@example.org .
You can return items using a courier other than UPS. However, in that case, the shipping costs for the refund will be charged to you. Once you have checked that the products that you intend to return are in the same condition as they were received in (see paragraph 17.2 below), contact Customer Care using the link "Contact Us” in the Customer Care section of the Site to request authorization of the return. You must have the details of the order confirmation ready, as the Customer Care operator will request them. If your request falls within the return period for the items, you will receive an email authorizing the return. The body of such email will include all the details. From that moment, you will have fourteen (14) days to deliver the goods you are returning to the courier. We recommend keeping the original packaging because it will be useful in preparing the package containing the items that have been authorised for return. We also suggest that you use a shipping method that provides tracking. Please note that if you use a shipping service of your choice other than UPS, you will bear the shipping costs and liability for the delivery. If you wish to use the free return service, follow the return procedure for registered users. We will only issue a refund for Products that are returned in a proper condition that complies with the rules regarding intact items. Max Mara will carry out the necessary quality checks on the items returned within the return period, after which you will receive an email confirming the outcome of the check. We will then credit you for all items returned to us that are in the correct condition. we will notify you of this and you will not receive a refund for such items.If you have any questions, please contact our Customer Care, or Customer Service as described on the Site or at email@example.com .
17.2 Intact product requirements for return
You can return an item purchased on the Site only if it is in the same condition in which you received it. We expect you to verify that the item is in an intact condition in order to permit its return as listed below. You must make sure that any item that you propose to return:
- has not been used or damaged when trying it on;
- has not been soiled or washed;
- has all of the original hang tags, labels and finishings still attached to the item; and
- that the item has not been changed in any way.
We also require that all types of items that you receive in their original boxes (for example, shoes or small accessories) must be returned in their original packaging, which is considered an integral part of the item.
To return an item purchased on the Site, the following three (3) requirements must be met:
When an item is returned, our staff will first verify that it has not been used or damaged (please review the intact product requirements for return under paragraph 0). You will then receive an email confirming that your return has been accepted, indicating the period in which the relevant amount will be credited using the payment method selected on ordering. If the amount refunded is incorrect, please contact Customer Care for a prompt resolution of the problem.
Please note that the packaging used for the items sold to Max Mara customers is subject to strict quality controls in order to guarantee that they are in perfect condition when sold. In addition, each individual item shipped by the Site is checked prior to shipment. The Site employs photography methods of the highest standards, so that the colors of the items shown match the actual appearance of the items as much as possible. However, we cannot always guarantee that what appears on your monitor perfectly matches the actual appearance. If the color of the item received does not match your expectations at the time of ordering, you may return in within the return period (fourteen (14) calendar days from the delivery of the order to notify your request for return and fourteen (14) calendar days following the request to deliver the return to UPS or have the return delivered to the delivery address via another courier) following the return procedure set forth in the “Returns and Refunds” section of the FAQ. [Insert Link]
If you have received a damaged Product or an Product that you did not order, or a Product that is not as depicted on the Site, we sincerely apologize and suggest that you request the immediate return of the items using the “Return” button next to the photo of the product in the “My Orders” section of your My Max Mara personal area, specifying the reason for your request. We shall bear all the shipping costs for the return. If there is evidence that the Product was damaged during shipment, please contact our Customer Care no later than forty-eight (48) hours following your actual receipt of the Product using the “Contact us” link in the Customer Care section of the Web Site. We shall provide a refund for any Product sold which was damaged during shipment by its shipping agent, provided that:
- you notify us in writing of the damaged Product, using the "Contact us" page in the "Customer Care" section of the Site, no later than forty-eight (48) hours following the actual date of your receipt of the Product;
- you provide us with the Product in question, along with its original packaging; and
- the numbered quality control sticker on the Product is intact and has not been removed, and remains as it was placed on the Product during the quality control process prior to shipment.
If one or more of the above conditions is not complied with, we will not credit the amount paid, nor will we replace the Product in question. In this instance, you will have the option to collect the Product at your own expense. We will notify you via email of our refusal to accept the returned Product and will advise where the item can be picked up.
You agree at all times to defend, indemnify and hold harmless Max Mara and its affiliates, and their respective officers, directors, managers, employees, agents, service providers, successors, assigns and licensors (collectively the "Indemnified Parties") from and against any and all losses, claims, judgements, actions, proceedings, damages, liabilities, fees, costs and expenses (including, without limitation, reasonable legal and other fees and disbursements) incurred by the Indemnified Parties due to your use or misuse of the Site and Content or breach of these Terms and Conditions by you or any user of your account.
EXCEPT AS EXPRESSLY PROVIDED, THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, PRODUCTS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. NEITHER MAX MARA, NOR ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, ADVISORS, SHAREHOLDERS, SERVICE PROVIDERS, AND LICENSORS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, APPROPRIATENESS OR AVAILABILITY OF THE SITE, ANY PRODUCT OR SERVICE AVAILABLE BY USING THE SITE (INCLUDING, WITHOUT LIMITATION, THAT THE SITE, THE CONTENT OR SUCH SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT OUR PRODUCTS WILL BE FREE FROM ALL DEFECTS IN MATERIAL AND WORKMANSHIP AND THAT THE SITE, CONTENT OR PRODUCTS MADE AVAILABLE BY USING THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS). THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAX MARA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MAX MARA AND ITS ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES AND GUARANTEES AS TO THE SITE, THE CONTENT, THE PRODUCTS OR ANY SERVICE AVAILABLE BY USING THE SITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE CONTENT OR THE SERVICES AVAILABLE BY USING THE SITE IS TO STOP USING THE SITE.
MAX MARA DISCLAIMS ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL MAX MARA OR ITS ASSOCIATED PERSONS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING ARISING FROM OR OUT OF OR IN CONNECTION WITH: (I) THESE TERMS AND CONDITIONS, YOUR USE OR INABILITY TO USE THE SITE, OR ANY CONTENT THEREON, OR ANY PRODUCTS OR SERVICES AVAILABLE BY USING THIS SITE, EVEN IF MAX MARA OR ITS ASSOCIATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT OR ANY OF THE SERVICES VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE OR THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; OR (V) ANY OTHER MATTERS RELATING TO THIS SITE, THE CONTENT, THE PRODUCTS OR THE SERVICES, BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT MAX MARA HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MAX MARA AND ITS ASSOCIATED PERSONS TO YOU FOR ANY DIRECT DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR USE, OR INABILITY TO USE, THE SITE, THE CONTENT OR ANY SERVICES AVAILABLE BY USING THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO MAX MARA BY YOU FOR THE APPLICABLE PRODUCT OR SERVICE PURCHASED THROUGH THE SITE DURING THE SIX (6) MONTH PERIOD OUT OF WHICH THE LIABILITY OR CAUSE OF ACTION AROSE.
These Terms and Conditions and any action related thereto or related to the Site, the Products, and the Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from this agreement. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your use of the Site, the Content and the Products will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use the Site or the Content in any such circumstances.
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable or invalid, the parities nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect.
The headings used in these Terms and Conditions are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms and Conditions.
You agree that English will be the language of the Site and of all transactions occurring in connection with the Site, and you agree to waive any right to use and rely upon any other language or translations.
Max Mara is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms and Conditions is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms and Conditions. These Terms and Conditions and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and Max Mara.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of Max Mara.
In the event that we need to amend or extend any provisions within these Terms and Conditions and our contract with you, we will advise you of our proposed amendment or extension with notice and will provide you with the option to either accept our proposed amendment or extension, or to terminate the contract or retain the existing contract unchanged.
If you have any questions about these Terms and Conditions, please contact us in one of the following ways: E-mail us at: firstname.lastname@example.org ; Mail us at: 555 Madison Avenue 10th Floor New York 10022; or call us at: 866-676-2962 .
These Terms and Conditions were last modified on October 3rd, 2016.