TERMS AND CONDITIONS
Article 1 - Definitions The following definitions apply in these terms and conditions:
Customer: A consumer or company that engages with offers and/or services of Maldire, thereby entering into an agreement with Maldire.
Day: Calendar day.
Seller: Maldire.
Distance Agreement: An agreement in which, within a system for distance selling of products and/or services organized by the seller, only one or more techniques of distance communication are used up to the conclusion of the agreement.
Written: By email.
Article 2 - Applicability
These general terms and conditions apply to every offer from the seller and every distance contract concluded between the seller and the customer.
Before the distance agreement is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, it will be indicated that the general terms and conditions can be viewed and sent free of charge upon the customer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the customer electronically in such a way that they can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be read electronically, and they will be sent free of charge electronically or otherwise at the customer's request.
By placing an order, the customer accepts these terms and conditions.
If one or more provisions of these general terms and conditions are wholly or partially invalid or declared void, the remaining provisions will remain fully applicable.
The seller's failure to demand strict compliance with these conditions does not mean that they do not apply, or that the seller loses the right to demand strict compliance in other cases.
Article 3 - The Offer and Agreement
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the made-to-order garments offered. The description is sufficiently detailed to enable a proper assessment by the customer. If the seller uses images, they are a true representation of the garments. Obvious mistakes or errors in the offer do not bind the seller. System errors or technical malfunctions cannot be charged to the seller, who takes appropriate technical and organisational measures to prevent this.
An agreement is concluded, subject to paragraph 5, at the moment of acceptance of the offer by the customer and compliance with the corresponding conditions. The seller will send a confirmation of receipt of the acceptance of the offer to the buyer by email as soon as possible. This confirmation can also be done by telephone.
The seller may, within legal limits, check whether the customer can meet their payment obligations, as well as all facts and factors important for a responsible conclusion of the agreement. If the seller has good reasons not to enter into the agreement, they may refuse orders with reasons or attach additional conditions to the agreement.
An offer is canceled if the garment to which the offer relates is no longer available or cannot be made.
Article 4 - Right of Withdrawal
Due to the custom nature of made-to-order garments, the right of withdrawal may not apply. The customer should contact the seller for specific details regarding cancellations or modifications to orders.
In cases where a right of withdrawal is applicable, the buyer will handle the product and packaging with care. They will only unpack the product to the extent necessary to assess whether to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and in the original condition and packaging to the seller, following the seller's reasonable and clear instructions.
Article 5 - Costs in Case of Withdrawal
If the customer exercises their right of withdrawal, where applicable, they bear the costs of return.
If the customer has paid an amount, the seller will refund this amount within 30 days after the return, excluding shipping costs.
Article 6 - The Price
During the validity period stated in the offer, the prices of the made-to-order garments offered will not be increased, except for price changes due to changes in VAT rates.
The prices stated in the range of products include VAT but exclude shipping costs.
Article 7 - Conformity and Warranty
The seller guarantees that the made-to-order garments comply with the agreement and the specifications stated in the offer.
The seller is responsible for the quality and craftsmanship of the delivered garments, as per the description in the offer.
Images, examples, and descriptions are indicative and do not bind the seller. Due to the custom nature of the garments, there may be slight variations from the images or descriptions provided. This does not give the customer the right to cancel the order.
The seller and buyer will seek a suitable solution under the warranty scheme for any issues related to the quality or craftsmanship of the garments.
The seller must be able to check the submitted warranty claim.
Damage due to improper care or handling is not covered by the warranty.
Article 8 - Delivery and Execution
The seller will take great care when receiving and executing orders for made-to-order garments.
The place of delivery is the address provided by the customer.
Maldire strives for a delivery period as indicated at the time of order, acknowledging that made-to-order garments require additional time for production. If delivery is delayed, Maldire will contact the customer as soon as possible. However, exceeding the delivery time does not give the customer the right to terminate the agreement unless the delivery time exceeds the period indicated at the time of order.
In case of termination as per the previous paragraph, the seller will refund the amount paid by the buyer as soon as possible, but no later than 30 days after termination.
If delivery of an ordered garment is impossible, the seller will endeavor to provide a suitable alternative or refund.
The delivery service engaged by Maldire will offer the delivery to the delivery address provided by the customer. The customer must ensure that the delivery address details are correct.
Cases of transport damage must be reported by the customer in writing with photographic proof of damage to Maldire within 24 hours after delivery.
Article 9 - Payment
The customer must immediately report any inaccuracies in provided or stated payment data to the seller.
In the event of default by the buyer, the seller has the right, subject to legal restrictions, to charge the buyer reasonable costs that were made known in advance.
The buyer can pay using one of the payment methods offered during the ordering process.
Article 10 - Complaints
Complaints about the execution of the agreement must be submitted in writing to the seller within 24 hours of delivery, fully and clearly described.
Complaints submitted to the seller will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the seller will respond within 14 days with a receipt notice and an indication of when a more detailed answer can be expected.
Only German law applies to agreements between the seller and the buyer to which these general terms and conditions apply.
Article 11 - Ownership
All delivered products remain the property of the seller until fully paid for by the buyer.
All rights of intellectual property of displayed information, announcements, and other expressions regarding the products and/or the website are vested in the seller or their suppliers.
Article 12 - Additional or Different Provisions
Additional or differing provisions from these general terms and conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that the customer can store them in an accessible manner on a durable medium.
Article 13 - Refusal of Service
We reserve the right to refuse service to anyone, for any reason, at any time.