Terms and Conditions of Use
This website is published and operated by MADZ DIGITAL FACTORY. Throughout the site, the terms “we”, “us” and “our” refer to MADZ.
MADZ offers this website, including all information, tools and services available through this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools added to the current store will also be subject to these Terms of Service. You can view the most recent version of these terms at any time on this page.
The www.madz.shop website is hosted by Web Hosting Canada
This site respects copyright. All rights of authors of protected works reproduced and communicated on this site, are reserved. Unless authorized, any use of the works other than individual and private reproduction and viewing is strictly prohibited.
Access to the sales organized on the website www.madz.shop and published by the MADZ Company implies the acceptance without reservation of the following provisions:
MADZ (hereinafter referred to as the “Company“) offers an online sales service for products (hereinafter the “Products“), through the website www.madz.shop (hereinafter the “Website”).
The prices, technical descriptions, photographs and part numbers of the Products offered for sale by the Company are listed on the Company’s website.
These terms and conditions of sale are posted on the Website where they are freely accessible and define the rights and obligations of the parties to a sale of Products by the Company to Buyers (as that term is defined below) through the Website.
Products are sold in limited quantities and offered to Buyers (as such term is defined below) while stock lasts.
Each natural person, of legal age and capacity, who has voluntarily registered, wishes to benefit from the Company’s services and who will comply with these terms and conditions shall hereinafter be referred to as the “Purchaser“. Each purchase of a Product made by a Buyer on the Website under the conditions set forth in these Terms and Conditions shall hereinafter be referred to as the “Order.”
You may not use our Products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws of your jurisdiction (including, but not limited to, copyright laws).
You may not transmit any worms, viruses or code of a destructive nature.
Any Order placed on the Website is governed by these Terms and Conditions of Use, of which Buyer represents that it has read and accepts the rights and obligations therein.
These Terms and Conditions and any separate agreement by which we provide products or services to you shall be governed by and construed in accordance with the laws of Canada.
4.1. Most of the products presented on this site are UNIQUE COPIES, as they are vintage, recycled or coming from old collections in outlets or liquidation of stock. In spite of the care taken in the selection of the articles, certain degradations due to time cannot sometimes be avoided. They are indicated in the description of the articles, however some things can escape the vigilance. These alterations are always discreet and are an integral part of the history and charm of the article. Often, no size is indicated on the article, or it is clearly distorted by the era of the article. In these cases, an estimate of the size is given in the item description.
The photographs in the catalog are as accurate as possible, but they cannot ensure a perfect similarity with the product offered, especially with regard to colors.
The accessories present on the silhouettes are not sold with the product described ( of the type: hats, shoes, jewelry…).
The items presented on this site are valid only within the limits of available stocks and in the countries distributed by the provider or providers selected by the Company;
Within the framework of sales, the offers of Products are valid as long as they are visible on the site, within the limit of available stocks. In the face of an exceptional malfunction in the management of stocks and in the event of unavailability of products after the Buyer has placed an order, the Seller will notify the customer by email of the delivery of a partial order or the cancellation of the order. In the event that the Buyer’s bank account has been debited, the Seller will initiate an immediate refund procedure. The customer’s account will be credited again.
4.2. Buyer warrants that he/she is fully entitled to use his/her credit card, debit card or any other means of payment provided by the Website for the payment of his/her Order and that such means of payment provide access to sufficient funds to cover all costs resulting from said Order.
4.3. By clicking on the “Buy” button during the Order process, and after checking the contents of his Order in his “Shopping Cart” and, if applicable, modifying it, the Buyer declares that he fully and unreservedly accepts the entirety of these Terms and Conditions.
After confirming the content of his or her Order, the Buyer shall definitively validate it by paying the price corresponding to his or her Order. The Order shall only be final upon actual payment of the corresponding price.
The Company shall systematically confirm the content of the Order.
The Company shall systematically confirm the Purchaser’s Order, as well as the subsequent shipment thereof, by sending an electronic email.
Said electronic e-mail confirming the Order shall only serve as an acknowledgement of receipt of the Buyer’s Order by the Company and shall not prejudice the availability of the Product so ordered.
In the event that the Product is out of stock, the Company will contact the Buyer, within 10 business days of the close of the sale, to offer the Buyer, which the Buyer already accepts, either a new deadline for receipt of the Product, or a replacement Product, or the cancellation and refund of the Buyer’s Order.
4.4. Wherever possible, in the description of the Product shall be included a reference price, corresponding to the actual selling price applied by the supplier of said Product (the “Supplier”) (the “Original Price“).
The Company shall ascertain the reality of the Origin Price and its actual practice, past or present, by other distributors.
When a Product has been marketed for several seasons by the Supplier, the Supplier’s recommended price may have varied. In such a case, the Company will always use as the Original Price the initial recommended price, communicated by the Supplier.
4.5. The Buyer’s failure to comply with the obligations subscribed to under the terms of these General Terms and Conditions of Use, and in particular in the event of an incident of payment of the price of an Order, may result in the suspension of access to the online sales service available on the Website, or even in the termination of the Buyer’s Account depending on the degree of seriousness of the conduct in question and at the Company’s free discretion, without prejudice to any damages that the Company may seek. Accordingly, the Company reserves the right to refuse any Order from a Buyer with whom such a dispute exists.
5.1. The information mentioned on each Product sheet, is that recovered directly by the Company from the Product itself, or communicated to the Company by the Suppliers from whom the Products are acquired.
The Company will do its best to ensure that the representative photos of the Products on the Website are as accurate as possible to the actual Products. However, it is possible that the Buyer’s perception of the photograph of the Product may not perfectly match the actual Product.
5.2. In the event of non-conformity of the Product delivered to the Buyer, the Buyer may return it to the Company and this, within the framework of the returns authorized at the time of the sale.
The Buyer may then request the Company:
– Either to be delivered a Product identical to the one ordered, within the limit of available stocks,
– Or to be virtually credited with the amount of the returned Product on his personal account opened on the Website as a credit note, which can be used on all other subsequent sales,
– Or to be refunded the price of the Product ordered within 30 days of the Buyer’s request.
The cost of returning the Product ordered and delivered to the Buyer, as well as the possible delivery of another Product will be borne by the Company.
5.3 Contractual warranty
The warranties that may be attached to the Products are described on the Product sheets of the Website and correspond to the warranties granted by the Suppliers of said Products. The Company cannot be committed in any way whatsoever in the guarantees assumed by the Suppliers.
The Company cannot be committed in any way whatsoever
5.4 Unavailability of the Product ordered
In the event of unavailability of the Product ordered, the Company will inform the Buyer within a maximum of 24 hours before the delivery date scheduled at the time of purchase and will refund the entire amount paid to the Buyer in question.
Except in cases of force majeure, the Product Order is terminated if the Company breaches its commitments and the Buyer will recover the sums paid without prejudice to damages.
All our sales are FINAL. We take the time to note all size measurements, characteristics as well as the condition of each piece, so the Buyer can view all information of the Product they are considering purchasing.
Note that unless otherwise stated in the Product description sheet, all items are sold in “vintage condition.
We reserve the right to refuse any order that Buyer places with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address.
In the event that we change or cancel an order, we may attempt to notify the Buyer using the email address and/or phone number provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, distributors or any other person or organization.
Buyer agrees to provide current, complete and accurate purchase and account information for all purchases made on our Website.
Buyer agrees to promptly update their account and other billing information, including email address, credit card numbers, and expiration dates, so that we may finalize their transactions and contact them if necessary.
The Website uses one of the most effective security systems available today. It has not only adopted the SSL (Secure Socket Layer) encryption process but also strengthened all scrambling and encryption processes in order to protect all sensitive data related to payment means as effectively as possible.
The Company never has access to the confidential information related to payment means and to the data that is stored on the Website.
The Company never has access to confidential information relating to means of payment and only its banking partners have confidential information (in particular the credit card number and its validity date) which are inaccessible to third parties.
All the elements of the Website www.madz.shop are and remain the intellectual and exclusive property of the Company.
No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound.
10.1. Delivery Address
Products will be shipped to the delivery address that Buyer has indicated during the Order process.
When an Order is shipped, the Company warns that an original invoice including delivery charges and VAT is available online on the Website under the “My Account” section.
The Buyer must define the place of delivery of his order: at home, at the office, at a third party’s house, at the place of vacation, etc.
10.2. Delivery time
The delivery time depends on the shipping address and country and is defined as of the date of the Product Order, unless specific stipulations are indicated to the Buyer prior to the placing of the Order as well as prior to the final validation thereof. In this case, the Company will indicate to the Buyer an estimated range of the delivery date.
This time frame will be recalled in the Order summary.
10.3 Delay or non-delivery
In the event of late or non delivery of the Order, the Buyer may contact the Company’s Customer Service Department by e-mail at the following address: firstname.lastname@example.org
10.4. Delivery performed
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone and some of the cookies installed on your device.
In addition, as you browse the Site, we collect information about the individual web pages or products you view, the websites or search terms that referred you to the Site and information about how you interact with the Site. We refer to this automatically collected information as “Device Information.”
We collect Device Information using the following technologies:
-“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies and how to disable cookies, visit http://www.allaboutcookies.org.
-“Log files” track actions occurring on the site and collect data, including your IP address, browser type, Internet service provider, referring/exit pages, and timestamps.
-“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you navigate the site.
In addition, when you make a purchase or attempt to make a purchase through the Site, we collect certain information about you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and telephone number. We refer to this information as “Order Information.”
12.1.The Company is committed to respecting the confidentiality of personal data provided by Buyers on the Site.
12.2.The Company informs the Buyer that such data will be used by its services generally for the following purposes:
– To inform the Buyer of upcoming sales and events, through the sending of email invitations, when consistent with the preferences the Buyer has shared with us;
– To fulfill all orders placed through the site (including processing payment information, arranging shipping, and providing invoices and/or order confirmations). In addition, we use this order information (in particular IP address) to screen orders for potential risk or fraud, and more generally to improve and optimize our site;
– To enhance and personalize our site.
– To enhance and personalize communication, including by sending newsletters, special offers (including contests, games, etc.) and special emails as part of the customization of the Website based on the observed preferences of Buyers.
Furthermore, the Company reiterates that if the Buyer were to change his/her mind and no longer wish to receive only certain categories of emails, he/she may configure his/her choices at any time in his/her personal space provided for this purpose on the Website.
12.3. The Company informs the Buyer that it may also communicate its personal data to ensure the delivery of Orders by its service providers, and to carry out satisfaction surveys. In addition, the Company may also disclose such data to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information that we receive, or to otherwise protect our rights.
12.4.When creating or consulting his or her account, the Buyer may choose to receive offers, particularly commercial offers, sent by the Company and its commercial partners.
12.5.If you are a European resident, you have the right to access the personal information we hold about you and to request that your personal information be corrected, updated or deleted. If you wish to exercise this right, please contact us via our Contact Form.
In addition, if you are a European resident, we note that we process your information in order to fulfill any contracts we may have with you (for example, if you place an order on the site), or to pursue our legitimate business interests listed above. In addition, please note that your information will be transferred outside of Europe, including to Canada and the United States.
12.6.When you place an order on the Site, we will keep your order information on file unless and until you ask us to delete that information.
13.1. The information delivered on the Website is authentic between the Buyer and the Company. Elements such as the date and time of receipt or transmission, as well as the quality of the data received shall be deemed authentic by priority as they appear on the Company’s information systems, unless the Buyer provides written proof to the contrary. The scope of proof of information issued by the Company’s information systems shall be that accorded to an original in the sense of a handwritten, hand-signed paper document.
The Terms of Service shall be governed by the laws of Canada.
14.3. The Company disclaims liability for any breach of its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and generally any event that does not allow for the proper execution of orders.
The Company also disclaims liability in the event that the non-performance or improper performance of the contract is attributable to the Buyer.
14.4. In any event, if the failure to perform or improper performance of the contract was clearly attributable to the Company, the Company shall only be liable for compensation up to the amount of the sums paid by the Buyer in respect of the price of the Product and the shipping costs.
14.5. In the event of a dispute, the Buyer shall first contact the Company to obtain an amicable solution. Failing that, the Canadian courts will have jurisdiction.
14.6. Buyer agrees to indemnify, defend and hold harmless MADZ and its parent, subsidiaries, affiliates, partners, officers, directors, agents, subcontractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, paid by any third party due to or arising out of Buyer’s breach of these Terms of Service or the documents they incorporate by reference, or Buyer’s violation of any law or the rights of a third party.