Online store "Marc & André" located at the domain name https://marcandre.com, limited liability company "Trade System" (legal address: Russia, 119435, Moscow, Bolshoy Savvinsky per., 9, p. 3, floor 9, room 8) represented by General Director Lukonin K.A., acting on the basis of the Charter, certifying the authority and its details, hereinafter referred to as the "Seller", publishes a Public Offer for the sale of the Goods by remote method.

1. Definition of terms

1.1. Public offer (hereinafter referred to as the "Offer") is a public offer of the Seller, addressed to an indefinite circle of persons, to conclude a contract for the sale of goods by remote means with the Seller (hereinafter referred to as the "Agreement") on the terms contained in this Offer, including all Appendices.

1.2. Ordering the Goods on the website of the online store - the items indicated by the Buyer from the range of the Goods offered for sale when placing an application for the purchase of the Goods on the website of the Internet store or through the Operator.

1.3. Website visitor - a person who came to the Website https://marcandre.com/ without the purpose of placing an Order.

1.4. User - an individual, a visitor to the Site https://marcandre.com/, accepting the terms of this Agreement and wishing to place Orders in the Marc & André online store.

1.5. Buyer - a User who has placed an Order in the Marc & André Online Store.

1.6. Marc & André - Trade System Limited Liability Company (1117746627052 St. 77 No. 012060016 dated 12.08.2011, TIN 7722753359, KPP 772201001, legal address: 119435, Moscow, Bolshoy Savvinsky per., 9 , bldg. 3, 9th floor, room 8).

1.7. Seller - Marc & André.

1.8. Online store - an Internet site owned by Marc & André, located on the Internet at https://marcandre.com/, where the Products offered by the Seller for purchase are presented, as well as the terms of payment and delivery of the Products to Buyers.

1.9. Website - https://marcandre.com/.

1.10. Product - swimwear, underwear, shoes, clothing, accessories and other goods presented for sale on the Site.

1.11. Order - a duly completed request of the Buyer for the purchase and delivery to the address specified by the Buyer / through self-pickup of the Goods selected on the Site.

2. General provisions

2.1. The Seller sells the Goods through the online store at https://marcandre.com/.

2.2. By ordering Products through the online store, the User agrees to the terms of sale of Products set out below (hereinafter referred to as the Terms of Sale of Products). In case of disagreement with this User Agreement (hereinafter referred to as the Agreement / Public Offer), the User is obliged to stop using the service and leave the site https://marcandre.com/.

2.3. These Terms of Sale of Goods, as well as information about the Goods presented on the Site, are a public offer in accordance with Art. 435 and clause 2 of article 437 of the Civil Code of the Russian Federation.

2.4. The Agreement can be changed by the Seller unilaterally without notifying the User / Buyer. The new version of the Agreement shall enter into force upon the expiration of 10 (Ten) calendar days from the date of its publication on the Site, unless otherwise provided by the terms of this Agreement.

2.5 The public offer is recognized as accepted by the Site Visitor / Buyer from the moment the Visitor registers on the Site, the Buyer places an Order without authorization on the Site, as well as from the moment the Buyer accepts the Order by phone +7 905 736 87 14 (for calls from Moscow) and 8 800 700 62 87 (for calls from regions).

A retail sale and purchase agreement is considered concluded from the moment the Seller issues to the Buyer a cash or sales receipt or other document confirming payment for the goods.

By informing the Seller his e-mail and phone number, the Site Visitor / User / Buyer consents to the use of the specified means of communication by the Seller, as well as by third parties involved by him for the purpose of fulfilling obligations to Site Visitors / Users / Buyers, in order to send advertising and informational nature, containing information about discounts, upcoming and current promotions and other events of the Seller, on the transfer of the order for delivery, as well as other information directly related to the fulfillment of the Buyer's obligations under this Public Offer.

2.6. By placing an Order, the User / Buyer agrees that the Seller can entrust the execution of the Agreement to a third party, while remaining responsible for its execution.

2.7. As part of the Order, Marc & André provides the User with information support for the Agreement between the User and the Seller.

3. Subject of the agreement

3.1. The subject of this Agreement is to enable the User to purchase for personal, family, household and other needs not related to the implementation of entrepreneurial activities, the Goods presented in the catalog of the online store at https://marcandre.com/.

3.2. This Agreement

TERMS AND CONDITIONS OF SALE

Valid from 27 March 2023

1. GENERAL

We will do our best to serve you, based on the Consumer Protection and Technical Regulatory Authority's guide for e-commerce businesses

1.1. These terms and conditions of the Marc &André e-shop (hereinafter referred to as the "e-shop") apply to purchases made from the Marc & André e-shop at the following web address https://marcandandre.eu/. The seller of the goods is MA Fashion Holding OÜ (hereinafter referred to as the Seller), registration code 116932207, Türi 10 C, Tallinn, phone: 5117891, e-mail address eshopeu@marcandandre.com. These terms and conditions apply to all persons who make a purchase from the e-shop (hereinafter the Customer) and the Seller based on the legal relationship arising from the purchase of goods through the Marc & André e-shop.

1.2. In addition to these terms and conditions of sale, the laws in force in the Republic of Estonia apply to purchases made from the e-shop.

1.3. The Seller has the right to unilaterally modify and amend the terms and conditions of sale and the prices of the products and services in the e-shop. The Customers will be notified of changes in the e-shop environment. The transaction is subject to the conditions and prices applicable at the time of the transaction.

1.4. Product selection, prices and discounts may vary from those of the Seller's retail shops.

2. PRICES

2.1. All the prices of the products sold in the e-shop are provided in euros on the e-shop product page and include the value added tax applicable in the Republic of Estonia.

2.2. The prices of the Products are subject to a delivery charge based on the delivery method chosen by the Customer when placing the order. The delivery method is selected and the delivery charge is calculated in the shopping basket.

2.3. If a promotional code is present, the discount will be calculated after the promotional code is entered in the shopping basket.

2.4. The seller has the right to withdraw from the sale and demand the return of the goods from the buyer if the price of the goods in the e-shop has been marked significantly below the market price due to a mistake.

3. PLACING AN ORDER

3.1. The customer adds the product to the shopping basket after selecting the product and, if necessary, the size on the product page, using the ‘Add to basket’ button.

3.2. In the shopping basket, it is possible to change the quantity of the products and remove products from the basket until the product is paid for.

3.3. In order to place an order, the Customer must enter the necessary details in the shopping basket, select the payment method and place of delivery and click on the ‘Pay’ button.

3.4. The order is considered finalised once the ‘Pay’ button has been pressed and the payment has been received by the Payment Centre.

3.5. The Seller will send an automatic e-mail to the Customer confirming receipt of the order and payment. The Seller will start processing the order provided that the customer has confirmed and paid for the entire order.

3.6. After the order has been completed, the Customer will be sent an invoice receipt by e-mail, by which the Seller confirms that the order has been accepted by the Buyer and the sales contract between the Seller and the Buyer is deemed to have been signed. If there are any errors on the invoice receipt (unwanted goods, quantities, etc.), please contact customer service immediately via the e-mail address eshopeu@marcandandre.com or by phone 511 7891.

3.7. If the Product ordered by the Customer is not available, the Seller will cancel the order. The Seller may cancel the order in whole or in part. The Customer will be immediately informed of the cancelled order via the e-mail address indicated by them when completing the purchase. In the event of a partial cancellation, the Seller may ask the Customer's preference for the handling of the remaining order – either to dispatch it or to cancel it as well.

3.8. For products the Seller fails to dispatch, the Seller will refund the Customer within one to two working days. The refund will be made to the same bank account from which the purchase was paid.

4. PAYMENTS

4.1. For purchases made in the e-shop, the Customer pays the full amount of the purchase price and the delivery fee in accordance with clause 5 of the Terms of Sale.

4.2. Orders can be paid for in the ways indicated in the e-shop environment.

4.3. Payment takes place outside the e-shop in a secure EveryPay AS environment. The Seller does not have access to the Customer's bank and credit card details. A service fee may be added to the cost of the order in accordance with the agreement between the customer and the bank or credit card issuer.

4.4. After the order has been placed and the goods have been paid for, an order confirmation will be sent to the Customer's e-mail address together with these Terms and Conditions of Sale. An invoice will be attached to the delivery.

5. DELIVERY OF PRODUCTS TO THE CUSTOMER

5.1. All products offered by the Seller in the e-shop are in stock in Tallinn and ready for immediate dispatch.

5.2. The e-shop delivers products to all EU Member States. Outside the European Union, we ship to Norway and Switzerland; customs duties will be added.

5.3. Within Estonia, we deliver via SmartPOST, Omniva, Venipak and DPD courier.

5.4. In cooperation with SmartPOST and Omniva, the Customer can order goods to be delivered to self-service parcel locker points. When placing an order, you must choose the nearest parcel locker point from the list provided. Orders will be handed over to the SmartPOST and Omniva couriers every working day at 16:00 and will arrive within two to three calendar days after the order is dispatched. Upon arrival of the parcel, a notification will be sent to the Customer's mobile phone with the door code. The Customer has to enter the code in the parcel locker's computer, after which the parcel locker's door opens and the customer receives the parcel. The parcel will be held in the parcel locker for seven calendar days from the date of insertion. If the Customer does not pick up the parcel within seven calendar days, the Seller considers that the Customer has cancelled the order and the Seller refunds the purchase amount to the Customer immediately, but no later than within 14 calendar days, to the same bank account from which the purchase was paid. Once the parcel has been returned to the Seller, the Customer will have to pay for the postage again to receive the parcel.

5.5. Express courier company Venipak offers parcel delivery services in the Baltic states and delivers parcels by courier to the address provided by the Customer. The courier company will send you an SMS with information about the time of delivery and a contact phone number in case you want to change the delivery time. Parcels will be delivered within one to two working days from the time of posting depending on the area.

5.6. In cooperation with courier company DPD Estonia, the order will be delivered to the Customer within one working day after the order is placed provided that payment for the order has been received by M&A before 12:00. If the money transfer for the order is received after 12:00, the order will be posted on the next working day. The Customer will receive an SMS message where DPD informs them that the parcel will arrive on the next working day. The SMS contains the DPD parcel number, which allows the Customer to change the delivery day or address if the Customer is not present at the address indicated in the order. The courier will deliver your parcel from Mon-Fri 09:00-18:00. If the Customer is at work during this time, we ask that the address of the place of work be included in the Recipient's details to ensure fast and smooth delivery. You can change your address in the DPD self-service environment at https://telli.dpd.ee/en or by calling 61 30 012 and quoting the parcel number. Delivery time within Estonia is usually up to three working days.

5.7. Outside Estonia we deliver by DPD and Omniva couriers. Goods usually arrive abroad within one or two weeks depending on the distance of the country. For exact prices and delivery times, click here https://www.dpd.com/ee/en/delivery-times/ or https://www.omniva.ee/eng

5.8. The Customer pays the costs of delivery of the Products according to the mode of transport and the Supplier's price list.

5.9. The Seller fulfils the orders, i.e. delivers the order to the postal service for dispatch, within three working days at the latest after the order has been confirmed. The delivery time of the product to the Customer depends on the postal services. The indicative arrival times are:

*  Estonia: 1-3 working days

*  Latvia, Lithuania: 2-5 working days

*  European Union: 1-2 weeks

6. RIGHT OF WITHDRAWAL, RETURN AND CHANGE OF PRODUCTS

6.1. The customer has the right to withdraw from the contract without giving any reason within 14 calendar days using the standard withdrawal form, which can be downloaded HERE, or by submitting another unequivocal withdrawal form to the Seller.

6.2. Receipt of the withdrawal to the Seller's e-mail address is confirmed by the Seller by means of a notice sent to the Customer.

6.3. The cost of returning or changing the Product is borne by the Customer (unless the Product is faulty or does not match the Product ordered).

6.4. The 14-day right of withdrawal does not apply to goods made to the Customer's personal specifications (e.g. to the Customer's measurements) or to goods in sealed packaging that are not suitable for return for health or hygiene reasons if the packaging is opened after delivery (e.g. underwear, bikini).

6.5. The Customer is obliged to return the product within 14 calendar days from the date of submission of the withdrawal form. The withdrawal period is calculated from the day on which the Customer or a third party designated by the Customer other than the carrier has taken possession of the product. In the event that the order consists of more than one delivery, the withdrawal period will be counted from the date of arrival of the last package to the Customer.

6.6. Pursuant to § 49³of the VõS, in order to ascertain the nature, characteristics and functioning of the goods, the Customer must handle and use the Products only in the same way as the consumer is allowed to do in a shop.If the goods have been used for any purpose other than that necessary to ascertain their nature, characteristics and functioning, or if they show signs of use or wear, the Seller is entitled to reduce the refundable price in proportion to the reduction in the value of the goods. This includes the removal of original labels from products, product soiling (lotion, make-up, etc. that requires chemical treatment to clean the product).

6.7. In the event of withdrawal from the transaction, the Seller refunds the sums paid by the Customer to the Customer by transferring the amount to be refunded, including the costs of delivery incurred by the Customer, to the Customer's bank account immediately but no later than 14 days after the product reaches the Seller or after receipt of the proof of return of the product provided by the Customer. The Seller has the right to delay the refund of the amounts paid until the Customer has returned the product or provided proof of handing the product over to the postal service for the return of the product.

6.8. In the event that the Customer wishes to exchange, repair or replace the Product, the Customer must fill in the return form available on the website. If the product returned to the Seller cannot be exchanged due to the lack of the size requested by the Customer, the Company will contact the Customer.

7. LODGING A COMPLAINT

7.1. The Seller is liable for any non-conformity or defect in the goods sold to the Customer which existed at the time of delivery and which becomes apparent within a period of up to two years from the date of delivery of the goods to the Customer, during the first year after delivery of the goods to the Customer presuming that the defect existed at the time of delivery,unless such presumption is incompatible with the nature of the goods or the defect. It is the Seller's responsibility to rebut this presumption.

7.2. The Customer undertakes to notify the Seller of the non-conformity of the goods within two months of its discovery at the latest, i.e. to submit a complaint, by sending the relevant information to the following e-mail address eshopeu@marcandandre.com or in writing to MA Fashion Holding OÜ, Türi 10 C, 11313 Tallinn, Estonia.

7.3. The complaint must state the name and contact details of the Customer, the date of the complaint, the defect in the goods and the content of the claim and must be accompanied by proof of purchase. The Seller will respond to the Customer's complaint in writing or in a format that can be reproduced in writing within 15 calendar days.

7.4. In the event of a product that does not comply with the terms of the contract, the Customer has the right to require the Seller to fulfil its obligations, withdraw from the contract or cancel the contract and demand compensation for damages, a reduction in the price, or, in the event of delay in the fulfilment of a financial obligation, demand interest.

7.5. The Seller is not liable for any damage or any other consequences, including delay in delivery, resulting from incorrect information provided by the Customer when fulfilling the order if this is due to circumstances beyond the Seller's control.
The Seller is not liable for defects arising after delivery of the goods due to the actions or omissions of the consumer (wrong use, accident, etc.) or in the case of normal wear and tear caused by normal use of the goods.

7.6. If a Product purchased from the e-shop has defects for which the Seller is responsible, the Seller will repair or replace the defective Goods. If the Goods cannot be repaired or replaced, the Seller refunds to the Customer all fees paid under the Sales Contract to the bank account indicated by the Customer within 14 calendar days at the latest. The Company has the right to delay the refund of the sums paid until the Customer has returned the product in its possession.

8. DISPUTE SETTLEMENT

8.1. Disputes between the Seller and the Customer will be settled by negotiations. In the event of failure to reach an agreement, the Customer has the right to contact the Consumer Protection and Technical Regulatory Authority (Pronksi 12 Tallinn 10117, https://www.ttja.ee) and the Consumer Disputes Committee (Pronksi 12 Tallinn 10117, http://www.komisjon.ee) here. The Consumer Disputes Committee is competent to settle disputes arising from a contract concluded between the Customer and the Seller. There is no charge for the Commission to review a customer's complaint.
In addition, the Customer may refer any complaints with e-retailers to the European Union's consumer dispute resolution platform, the Online Dispute Resolution (ODR) platform, located at http://ec.europa.eu/odr. Complaints are free of charge for the parties and can be made by a private individual who has bought goods or services for their personal use, not for professional purposes. Contact details for the European Consumer Centre in Estonia are: Endla 10a Tallinn 10122, consumer@consumer.ee, https://consumer.ee.

9. PROCESSING OF PERSONAL DATA

9.1. The data stored in the e-shop's ordering environment about the Customer and the Customer's orders will be treated as confidential information. The Seller will not disclose any information that has become known to the Seller to third parties.

9.2. Data communication between the Customer and the banks and the card payment centre is encrypted, which ensures the security of the Customer's personal data and bank transactions. The Company does not have access to the Customer's confidential bank and payment card details.

9.3. Personal data provided by the Customer to the Company when making a purchase are protected and processed in accordance with the requirements of the Personal Data Protection Act. Personal data are collected and processed for the following purposes: purchase analysis and summaries, making offers to the Customer as well as Customer satisfaction surveys.

9.4. The online shop sends newsletters and offers to the buyer's e-mail address only if the buyer has expressed their wish to receive them by entering their e-mail address on the website and has indicated their wish to receive direct mail notifications.

9.5. You may opt out of receiving offers and newsletters by e-mail at any time by notifying us by e-mail or by following the instructions in the e-mail containing the offers.

9.6. The customer's personal data is processed by MA Fashion Holding OÜ (registration code 11693207, Türi 10C, 11313 Tallinn).

9.7. MA Fashion Holding OÜ may authorise other legal persons (authorised processors) to process personal data, provided that a contract has been concluded with such a processor, according to which the processor is obliged to keep the processed personal data confidential and to ensure the protection of personal data in accordance with the legal requirements.

9.8. The relevant list of legal entities will be made available by MA Fashion Holding OÜ to the Client on the Client's request submitted in writing to MA Fashion Holding at Türi 10C, 11313 Tallinn or digitally signed to the following address eshopeu@marcandandre.com.

Privacy policy from 1 March 2022

The processor of personal data is MA FASHION HOLDING OÜ (address Türi tn 10c Tallinn Harjumaa 11313, e-mail: eshopeu@marcandandre.com).

1. We follow Estonian and European Union legislation when processing personal data.

2. MA Fashion Holding collects personal data from those who wish to register as loyal customers (hereinafter the Client) when they submit their application with which they agree to the conditions of the registration in the MARC&ANDRÉ shops and online shop www.marcandandre.eu (hereinafter Online Shop).

3. Data will be collected and processed by the data processor. The data processor shall not disclose any data that has become known to them to third parties.

3. The data processor collects the following personal data: name, gender, birthdate, identification code, phone number, e-mail, delivery address and purchase history. All the personal data that has become known to the data processor shall be treated as confidential information.

4. The data processor also collects personal data from customers who have not registered as loyal customers to the extent that is needed for fulfilling the contract. The data processor forwards the personal data to the transport service companies to deliver products.

5. Personal data is collected and processed for the following purposes: to fulfil the contract, to deliver products to the Client, to conduct purchase analyses, to serve the loyal customers programme, including giving discounts and marketing messages. 

6. The controller of personal data shall not disclose any data that has become known to them to third parties, except to employees who are authorised on the condition that they have signed an agreement that states that the employee must keep the processed personal data confidential and ensure the protection of personal data in accordance with the requirements set in the law. These authorised employees include contractual partners, such as providers of cash register software, payment solutions, transport services, text messaging services, e-mail services and server hosting services, including but not limited to: Erply- Majandustarkvara OÜ, Maksekeskus AS, Eesti Post AS, Itella Estonia OÜ, DPD Eesti AS, SendSmaily OÜ.

7. The data processor shall apply appropriate physical, organisational and information technological security measures to avoid the accidental or illegal destruction, loss, amendments, unauthorised access or disclosure of personal data. Only authorised persons can access and process the data.

8. The data processor can send newsletters or offers via e-mail or text message to the Client only if the Client has previously agreed to it. The Client has the right to withdraw their consent at any time by unsubscribing from newsletter offers via a corresponding link that is displayed in every newsletter and text message.

9. Personal data shall be retained for five years from the last transaction. Purchase history shall be anonymised with the deletion of the personal data. Personal data that is required for accounting shall be retained for seven years.

10. The Client has the right to withdraw their consent to processing their personal data in the loyal customer programme and ask for the deletion of their data. The data processor cannot offer the Client discounts attached to the membership in the sales points and online shop managed by the processor from the moment of data deletion. In case of disputes concerning the payments or clients, the data processor has the right to retain the personal data until the compliance of requirements or the end of the limitation period.

11. The Client can submit requests for the disclosure, amendments, transfer or deletion of data in written form and digitally signed to the e-mail address  eshopeu@marcandandre.com or on paper and signed to MA FASHION HOLDING OÜ (address Türi tn 10c Tallinn Harjumaa 11313).

12. If the Client finds that their rights have been violated during the processing of their personal data, the Client has the right to turn to the Data Protection Inspectorate or the court.

Delivery

All products offered by M&A are stored in Tallinn and are ready for immediate delivery. 
M&A delivers to all European Union member countries – Latvia, Lithuania, Austria, Belgium, Bulgaria, Estonia, Spain, Ireland, the UK, Italy, Greece, Luxembourg, Poland, Portugal, France, Sweden, Romania, Germany, Slovakia, Slovenia, Finland, Denmark, The Czech Republic, Hungary.

In Estonia we deliver the orders using SmartPOST, Venipak, Omniva and DPD couriers. Outside of Estonia we use DPD and Omniva couriers. In the case of international deliveries the goods are usually delivered abroad within 2 weeks. More on prices and delivery times at http://pakivedu.ee/eng/priceandterm.

In cooperation with SmartPOST and Omniva the client can order the product to be delivered into a parcel terminal. When making the order the client must choose the nearest terminal in order to receive the order. Deliveries will be handed over to a SmartPOST or Omniva courier every working day at 16:00 and will arrive in 2-3 days after issuing the delivery. The client will be notified of the  arrival of the delivery and the necessary individual door code via the client’s mobile phone. The client has to input the code into the parcel terminal, which will open the door of the compartment, where his/her delivery has been stored. The delivery will be stored in the terminal for seven days from the day it was first put there. If the client has not withdrawn the package in those seven days, it will be delivered back to M&A. If the package has been delivered back, the client must repay the postage fees in order to get it delivered again.

Express courier Venipak provides services of carriage of consignments in Baltic States and transport packages to customers’ home addresses. They send out SMS notifications with information regarding the delivery and their phone number in case customers want to make changes to the delivery time. Packages are delivered within 1-2 business days depending on the location.

In cooperation with the courier firm DPD Estonia, the order will be delivered to the client in one working day from the day of issuing the delivery, when the payment for the order has reached M&A’s bank account before 12:00. When the payment has arrived after 12:00, the order will be sent out the next working day. The client will receive a SMS notification, where DPD informs the client of the delivery of the package during the next working day. The SMS will contain the PDP package number, which the client can use to change the delivery date or address when the client is not at the selected address at the time of the delivery time. The courier will deliver the package on Mon- Fri at 9:00-18:00. If the client is at work at the time of delivery, we ask the client to include the office address in the order, to insure swift and errorless delivery. The address can be changed with the package number at DPD self service environment at www.dpdpakk.eu or by calling 6 130 012.
The usual delivery time in Estonia is up to three days.