Terms and Conditions
Preamble
By accessing and using www.mdmaison.com, you accept without any limitations or exceptions these Terms and Conditions. These Terms and Conditions represent the legal agreement between you, as a customer, and Mdmaison, as the seller. Before using the website or placing an order, we strongly recommend that you read these Terms and Conditions. Browsing the website, registering a user account, or placing an order will be considered as complete acceptance of these Terms and Conditions.
Please note that these Terms and Conditions can be amended, consolidated, modified, extended, re-enacted, or replaced at any time by Mdmaison. The updated form of this document will always be found on the website. Consequently, customers should regularly check the provisions of these Terms and Conditions in their updated form.
If at any given time you no longer agree with these Terms and Conditions, even partially, we advise you to cease using the website. In these Conditions, references to the masculine include the feminine and the neuter, and to the singular include the plural and vice versa, as the context admits or requires.
Definitions
- Mdmaison: Means “Mdmaison” company. Phone: +372 602 7370, Email: info@mdmaison.com
- Conditions/Policy: Means these Terms and Conditions.
- Site: Means the website of Mdmaison.
- Website: Means www.mdmaison.com.
- Contract: Means any contracts concluded between Mdmaison and the customer for the sale and purchase of Products from the Website. All the contractual aspects can be found in this Document and must be read and accepted by the customer before placing an order. A legally binding contract is created between the customer and Mdmaison when we confirm that the ordered products are available in our stock and are ready to be dispatched.
- Document: Means this Policy regarding the Terms and Conditions.
- User: Means any individual who has created/registered a user account on the website.
- Order: Means any order (whether oral by phone or written online) for Products placed by the customer.
- Parties: Means Mdmaison and the customer (parties of the contract).
- Product/Products: Means any product, article, and/or item which Mdmaison sells on its Website (detailed in section 7).
Access to the Website
You are provided with access to this Site in accordance with these specific Conditions, and any orders must strictly be placed in accordance with these Conditions. Your use of the Site is subject to these Conditions. By using the Site, you will be considered to have accepted and agreed to be bound by these Conditions.
Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited. In particular, none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.
Our Rights
In accordance with these Conditions, we reserve the right to:
- Modify or withdraw, temporarily or permanently, this Site (or any part of it) with or without notifying you.
- Restrict your access to the Site or to any part of it. If we grant you access to a restricted or privileged part of the Site, we may withdraw that permission at any time, without notifying you.
- Make changes to our Terms and Conditions from time to time. We will notify you of the changes we have made by posting the updated version of these Conditions on the Site. You can determine when we last updated these Conditions by verifying the ‘Last updated’ option stated at the beginning of the webpage.
- Protect our Intellectual Property rights on the Site, including all the text, pictures, videos, and other content made available on the Site. Thus, you acknowledge and agree that:
- Copyrights, Trademarks, and all other Intellectual Property rights which form the website are our property;
- Every element contained on this website is only available for your personal use; commercial use is strictly prohibited.
- You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website (including, but not limited to: themes, fonts, sub-themes, categories, sub-categories, presentations, product names, product overviews), including all intellectual property rights unless we expressly authorize/permit you to do so.
- If, in any particular or general way, you breach clauses 4.4 – 4.5, we reserve the right to claim damages against you, for your illicit breach of our intellectual property rights and demand that you stop using the content taken without authorization or permission from our Site immediately.
- You are also advised that, in case of breaching our intellectual property rights, we will fully aggressively enforce our intellectual property rights under the law.
Use of Our Website
Your permission to use our Website is personal and non-transferable, and it is strictly forbidden to use the Site for commercial purposes. Your use of the Site is bound to the acceptance of the rules set out in these Conditions, therefore you agree that you will not:
- Use the Site for any fraudulent or unlawful purposes;
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our Website;
- Interfere with (or disrupt) the functionality of the Site or the servers/the networks that are used to make the Site available and usable;
- Transmit or otherwise upload on the Site any virus, worm, Trojan horse, or other computer-generated code that is harmful or invasive or may damage/disrupt the operation of any software or technical equipment;
- Remove / blur / crop any copyright, trademark, or other intellectual property rights notices from the Site or materials originating from the Website;
- Frame, mirror, duplicate, any part of the Site without our express written consent;
- Reproduce the presentation of the Site (including, but not limited to themes, sub-themes, categories, sub-categories, product images, product presentations, product overviews etc.).
Third Party Links
To provide useful suggestions or to make it easier for the Customer to use the Website, we may provide links to other websites. Thus, you acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. They are not under our control and we cannot be held responsible for any problems that may occur while using them. Your use of the third-party websites is at your own risk.
Products
The products marketed through this website include (but are not limited to): Decorative Pieces, Dinnerware, Cutlery, Glassware, Serveware, Flowers for Life, Vases, Vase Fillers and Sprinkles, Candles and Candle Holders, Lanterns, Placemats, Runners, Coasters, Napkins, Napkin Rings, Theme in a Box.
Please take into consideration that a vast majority of our products are fragile or very fragile. We will make all the arrangements so your products will be packaged properly for delivery. Regarding this matter, please be aware of the fact that once the courier receives the package from us, we cannot be held liable for any damages that occur during transit. When we deliver the package to the courier, we will ensure that everything is properly set up, and from that moment, it is the courier’s responsibility to take care of the package.
How to Order Our Products
Orders can be placed either online or by telephone. If you choose to order online, you will have the option to create a User Account on our website and continue with your order, or you will be able to make an order without creating an account. Creating the User Account is at our clients' disposal. The benefits of creating such an account are multiple: faster future orders (the client will not have to enter all the delivery data again); the possibility to create customized preferences for future orders, and many others.
After you have placed an order online or by telephone you will receive two emails (if you have an email address):
- The first email is a confirmation email which you should receive after your order has been placed and the products are verified to be available in our stock. In case there is a problem regarding your order, you will be contacted promptly and if your order cannot be honored or if there is a delay in dispatch, you will be notified as soon as possible. We will not collect any funds until we are ready to dispatch your items.
- Once we have dispatched your order, the second email you receive will include your tracking number.
Prices
Prices are as displayed on our Website and they are presented in EURO (€). We try to ensure that prices shown on our Site are accurate, but they will still need to be validated before your order is processed. If there is a price difference, we will contact you immediately and you will have the right to cancel your order. In this case, we will refund any money received from you regarding that specific transaction.
Prices displayed on our Website include VAT but exclude delivery charges, if they are applicable. Please see the Delivery section below for details of our charges. Delivery charges will be seen in the final step of the order, where you will be able to acknowledge the total sum of the products you decided to purchase, plus the delivery charges. The final sum will consist of the product price plus the delivery charge.
If the order is placed via phone, you will be informed about all the details stated above, and you will be asked if you consent to the transaction and if you agree with the total sum. In case of a phone order, it will also be necessary to have a written confirmation of all the order’s details and of the acceptance of the present Document.
Payment
When ordering products from MDMaison, the accepted payment methods are credit and debit cards (Visa, Mastercard). Please note that payment will be debited when the stock has been confirmed as ready for dispatch. Furthermore, please note that we do not accept cheques or bankers’ drafts as a payment method.
To ensure that shopping online is safe and secure, your credit or debit details will be encrypted through advanced techniques to minimize the risk of your details being read, copied, or duplicated by an unauthorized individual as they are sent to us over the Internet.
If payment for the goods you ordered is made via bank transfer, goods will only be dispatched when the funds have been verified and approved in our account.
Checkout Options:
- Card Payment with Stripe: Secure payment can be made using Stripe.
- Without Payment: Once your order is confirmed, we will send you our bank details along with an invoice or a Stripe payment link for easy payment. Your order will be shipped within the specified delivery times for each product as soon as we receive your payment.
Contract
A legally binding contract is created between you and Mdmaison when we confirm that the product/products you ordered are available in our stock and are ready to be dispatched. When you place the order on our website it does not mean that the contract has been created. To avoid problems that may arise during this procedure, we advise you that the contract is created at the moment you receive the confirmation that the products are available and they are ready to be dispatched to you.
Before you place an order on our website, we strongly recommend reading these Conditions, as they form the general framework in which the contract will be created. By ordering from us, you acknowledge that you have read and accepted these Terms & Conditions. This document contains all the general and relevant information regarding your order on our website. Other details such as price or ETA delivery will be found in the email that confirms that your order has been accepted and the products are ready to be dispatched.
Right to Cancel Your Contract
You have the option to cancel your contract with us for the goods you ordered from www.mdmaison.com at any time up to the end of the fourteenth day from the date you received the ordered goods. You are not required to give us any reason for canceling your contract, nor will you have to pay a penalty.
If you want to cancel your contract, you can choose any of these alternatives:
- By email: info@mdmaison.com
- By phone: +372 602 7370
Orders are dispatched promptly; therefore, we will not be able to cancel or amend your order once you have received your order confirmation. If you still wish to cancel your order, please return your order once you have received it, in accordance with our return policy. Upon receipt of the goods, we will credit the purchaser within 48 hours with the purchase price minus any handling charge which may have been incurred during the process. We will not be responsible for any refund regarding postage or carriage fees.
We recommend using an insured service to ensure that the goods will arrive safely upon return. If the product has been damaged either while in the customer’s care or on the return journey to MDMaison, we reserve the right to deduct from the return amount the costs we will have to rectify the damages that have been done.
If the goods you have purchased need to be returned by freight, you will be responsible for the cost of this transport, although, if requested, MDMaison can arrange the return by freight. Please note that MDMaison does not have an exchange policy.
Taking into consideration Regulation no. 34/2014 regarding consumers’ rights (OUG 34/2014), if you buy online or by phone call, you are entitled to a full refund if you request this within 14 days of receiving your goods. This includes any standard delivery charges on your order, but excludes any charges incurred in returning the products to us. If a return is not requested within 14 days, we will refund the purchase price within 14 days of receiving your cancellation, but not any delivery costs incurred by us in sending the order to you or incurred by you in returning the goods to us. Please note that this clause is intended only for natural persons. Legal entities are not entitled to such a refund.
Cancellation by Us
We reserve the right to cancel the contract between us if:
- We have insufficient stock to deliver the products you have ordered;
- We do not deliver in your area;
- One or more of the products that you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. In this case, you will be informed about the errors, and if you agree with the correct price, and no other conditions from above occur, we can still deliver your order.
If we cancel your contract, we will notify you by email (or by phone call) and will credit your account with any sum deducted by us from your credit/debit card as soon as possible. Please note that MDMaison will not be obliged to offer any additional compensation for consequential loss or disappointment suffered by the customer.
Delivery
Our goal is to deliver all orders within the specified times once the receipt of payment has been confirmed. All deliveries are subject to stock availability and security checks. Delivery will be made to the address provided by the consumer in the order.
Our main delivery areas are as follows: Europe, Saudi Arabia, United Arab Emirates, Qatar, United Kingdom, United States of America, Canada, and Australia. Although we do not exclude any other territory or country, before you place an order on www.mdmaison.com, you should check if there are any restrictions regarding this type of transaction in your country.
Even if we will make every possible effort to deliver within the time stated on our website, we will not be responsible for any loss caused to you by late deliveries as a result of courier actions or other circumstances which are beyond our control. We will endeavor to deliver within 30 days of the contract being entered. Please contact us at info@mdmaison.com or by phone +372 602 7370 as soon as possible if you do not receive your products within a reasonable time. We will endeavor to get the ordered products to you as soon as possible. Thus, if the order arrives late, you may cancel the contract. Consequently, you will be refunded once the products have been returned to us in good order or classified as lost by the Carrier Company.
Mdmaison will deliver your order to the delivery address stated on your order form. Mdmaison will not be held liable for any missing parcels if the delivery address has been entered incorrectly.
If the products are returned to us either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we will refund the price of the products after deducting the delivery costs supported by us in sending out the products plus any additional costs charged on our behalf by the courier company for returning the products to us.
If a customer requires a package to be redirected because a wrong address has been given, there will be a redirect charge which will be supported by the customer.
If the products we deliver to you are damaged or we have sent you the incorrect products or the wrong quantity, please contact us within seven (7) days of receiving the products at info@mdmaison.com. We require you to notify us within seven (7) days to ensure a prompt response from us. We strongly advise you to refuse to sign for any packages that are damaged or opened. We cannot accept any responsibility for products which are damaged or sent in error unless you notify us in accordance with the statements made above.
The courier we choose to use for our deliveries is at our own discretion. Currently, the couriers we work with are DHL, Eurosender, Sameday, and UPS. Mdmaison cannot be held responsible, nor will there be any liability, for goods that are requested to be left in a safe place or without a signature.
Liability
If the products you received are not those that you ordered, if they are damaged or defective, or you’ve received an incorrect quantity, you shall notify us in writing at our contact email address within 7 days of delivery. We cannot accept any liability regarding these matters unless you notify us in accordance with these terms and conditions.
If the ordered products do not arrive within the date specified on the website/in the confirmation email, we require you to notify us at our contact email address within 30 days of placing the order. We cannot accept liability unless you notify us in accordance with these terms and conditions.
If you notify us of a problem under clause 15.1 or 15.2 as stated above, at your option, we will be obliged:
- To replace or repair any products that are damaged or defective where it is proportionate and possible to do so; or
- To provide a refund to you of the amount paid by you for the specific products.
Please note that we will not be held responsible for any indirect or consequential loss, damage, or expense (including loss of profits, business, or goodwill) arising out of any problem you notify to us under this condition.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import, or other permits to purchase products from our Site. The importation of certain products to your country may be prohibited by certain national laws.
None of the clauses in these Conditions are intended to limit any rights you may have as a consumer either under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude liability for any death or personal injury resulting from our negligence.
Events Beyond Our Control
We have no liability to you for any failure to deliver the products you have ordered from our Website or any delay in doing so, or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control, including but not limited to: flood, fire, explosion, or accident, strikes, lockouts, and other industrial actions, breakdown of system or network access, etc.
Invalidity
If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Conditions will not be affected.
The Entire Agreement
These Conditions, together with additional terms and conditions for specific products, delivery details, contact details, and privacy policy, represent the whole of our agreement relating to the supply of products to you by Mdmaison. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any product offered for sale by Mdmaison.
Complaints/Feedback/Recommendations
Please feel free to give us any feedback, recommendations, or comments about our services, policies, and website structure or functionality. We take this matter very seriously and we aim to deal with any problems or difficulties in a timely and effective manner, with positive results. Please email us at info@mdmaison.com or give us a phone call at +372 602 7370. We try our best to respond to any emails within one working day of receipt.