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.