The following General Sale and Delivery Terms govern the offer and sale on our web site ("maisonacademia.com") by NextStyler Srl ("Maison Academia"), with registered office in Italy at Via Via S. Pietro, 73, 80147 Parco Azzurro (NA).
Requests for information should be made through our Customer Care: click here to contact Customer Care.
If you need any assistance, go to http://www.maisonacademia.com where you will find information on orders, shipping, refunds and returning products purchased on maisonacademia.com, as well as and other general information on the services provided by nextyler.com. Remember you can also contact Maison Academia by e-mail (firstname.lastname@example.org).
To the extent of these Sale Conditions, the definitions contained into Maison Academia’s General Terms and Conditions shall apply.
1. Scope and Country limitations
1.1 These Sales Conditions shall exclusively govern the legal terms and conditions surrounding performance/completion of the sale and delivery by Maison Academia of Licensed Creations to a User (hereby also referred to as “Customer”).
1.2 These Sales Conditions shall also apply to User Fashions and/or pre-orders cleared for production at Maison Academia’s sole discretion, with all modifications that might occur in the course of the production process; both User Fashions and Licensed Creations might be collectively referred as “goods”, in the text below.
1.3 It is understood between the User and Maison Academia that, orders to Maison Academia cause the production of the goods expressly for the User in the ordered quantity and that, therefore, once started, the production process of Licensed Creations cannot be halted without causing damages to Maison Academia, both in terms of production costs and loss of chance.
1.4 Maison Academia will ship goods only and exclusively to the following countries (the “Country List”): Italy, France, Spain, Portugal, Germany, Austria, Netherlands, Belgium, Bulgary, United Kingdom, Greece, Finland, Sweden, Luxembourg, Ireland, Denmark, Cyprus, Estonia, Latvia, Lithuania, Malta, Poland, Czech Republic, Slovakia, Slovenia, Hungary, Romania, Australia, New Zealand, United States of America, Canada, Brazil, Argentina, Bolivia, Chile, Colombia, Ecuador, Falkland Islands, French Guiana, Guyana, Paraguay, Peru, South Georgia and South Sandwich Islands, Suriname, Uruguay, Venezuela, India, Israel, Japan, Republic of Singapore.
1.5 Users who place orders on Maison Academia’s Online Store (in the following articles also referred to as “Store”) to be delivered in Countries different from those at 1.4 above shall not place a valid order. Maison Academia shall automatically cancel any such order and refund any payment thereof.
2. Maison Academia’s Online Store
2.1 All Registered Users shall have access to the Store, where they shall have the possibility to place orders and buy Licensed Creations/place orders to realize a User Fashion into a Licensed Creation.
2.2 The User willing to place the Order shall place goods marked as “available” or “pre-orderable” into his/her virtual basket, then select the “Checkout” option, to access the payment selection area. Before accessing such area, the User will be asked to review the contents of the virtual basket and will be notified, should any of the selected items have become unavailable.
2.3 Maison Academia will only accept orders placed in English language, through its automated systems. This is the only way to correctly place orders on the Store. Any other orders, placed with different methods, will be considered void and null.
2.4 To pay, the User will be brought into the Payment area, where he/she shall select payment method and provide the relevant data. Please note that Maison Academia does not provide data processing of such payment information, that will be managed by selected third-parties, ensuring the highest standards in data processing and data security. The User will be asked whether to save or not the relevant payment method for future orders. Payment will be processed only after the Order has been correctly completed and accepted by Maison Academia.
2.5 After choosing payment method for the order, the User will be asked to provide a delivery address, or to confirm the one already specified in his User Account’s profile. Each time a new delivery address is added, the automated payment system will require payment data to be re-typed, as an additional security measure. The User acknowledges that Maison Academia is not able to verify the accuracy of the address specified, so the User alone will bear full responsibility for any mistyping and/or choice of a wrong address.
2.6 Before completing the Order, a confirmation page will appear on screen, for a final review of the Order’s contents by the User, before placing it. As provided by Legislative Decree 70 of April 9th 2003 and Directive 2000/31/EC, the order proposal will be a binding for Maison Academia once User receives in his/her mailbox server an order confirmation mail in which Maison Academia accepts the Order and attaches the relevant invoice. By sending the Order, the User expressly authorizes Maison Academia to issue the payment request with the collected data to the relevant bank and/or credit institute and/or e-money provider.
2.7 Please note that placing items in the virtual basket shall not be considered, in any case, as a reservation for such items. Should the goods become unavailable before the User pays for them at the virtual Checkout, the payment procedure will be halted and the User will be promptly notified of such unavailability.
2.8 Once the Order has been correctly placed by the Users through the above described procedure, payment processing will start. Payment processing is managed independently by the User’s bank and/or lending institute and/or e-money provider, on automated servers which are not under any direct or indirect control of Maison Academia. Accordingly, Maison Academia cannot and will not be held liable for any controversy arising over the payment procedure.
2.9 Please note that, should the bank and/or lending institute and/or e-money provider refuse payment processing for any reason, the Order will be immediately and automatically cancelled, and the User will be given notice by means of auto-generated e-mail.
3.1 Unless otherwise agreed, Maison Academia shall issue delivery of the stocks to the delivery address, indicated by the User in the appropriate interactive panel, shown during both the registration and the shopping processes.
3.2 Maison Academia accepts and delivers orders only from and to countries in the Country List.
3.3 Depending on the relevant complexity of the User Fashion to be realized, the production process might take approximately 4 (four) to 8 (eight) weeks given that the there are no complication whatsoever. Maison Academia expressly reserves the right to halt production at its own discretion, should production costs become unsustainable, in respect to acquired orders. In such an event, the User will be notified by means of an automated email, and offered refund for any anticipated payment, deducted the costs of reaching the critical phase of production, by means of a coupon, to buy other Maison Academia goods of his choice.
3.4 Depending on whether orders are being filled within or outside the European Union, the delivery time shall occur between 5 (five) and 10 (ten) days from completion of the production process.
3.5 Once the order has been assigned to the courier, Users will be notified by means of an automated email, containing the estimated delivery time. From that moment on, the User will not be able to cancel the order or the delivery itself.
3.6 Maison Academia hereby expressly warns Users that all details with respect to availability, shipping or delivery of a Licensed Creation shall merely be deemed tentative and constitute approximate guideline values. Such details shall not constitute binding/guaranteed shipping or delivery dates, except where they are expressly designated as binding in the shipping options for the Licensed Creation in question. Therefore, the User understands that the timelines for production phase and delivery are only approximate. Longer production phases and delivery times are not excluded.
3.7 If, during the processing of an order, a User Fashion/Licensed Creation is not (or no longer) available, Maison Academia shall inform the User immediately by means of e-mail. Where Maison Academia is unable to deliver the ordered/reserved goods because the producer of the User Fashion or one of Maison Academia’s suppliers is in contractual breach or does not perform its obligations (production issues, lack of materials or accessories, etc.), Maison Academia will be entitled to rescind at any time from the contract with the User, without any whatsoever indemnification. In such cases, the affected User will be informed about the difficulties in contract processing without undue delay.
3.8 If a Licensed Creation or its underlying material(s) (accessories) is/are temporary not available, the User will be notified of such events. If delivery dates have already been tentatively announced to the User, and delivery is delayed for more than 4 (four) weeks, the User shall be entitled to revoke the underlying order or Pre-Order, and ask for either a refund or a Maison Academia coupon.
3.9 Deliveries shall be issued immediately following a contractually compliant receipt of payment by Maison Academia (see article 5 below).
3.10 The current availability of selected and/or pre-ordered User Fashions/Licensed Creations (based on image samples as the basis of a purchase decision) is shown on the Portal.
3.11 Where delivery is not possible because the User could not be found at the delivery address indicated, although the reasonable advance notice of the date of delivery was provided, the User shall bear all costs for any unsuccessful attempt to deliver. This shall also apply to the case where the User specifically refuses to receive the delivery. It is understood that, after a second failed attempt of delivery, the goods will be sent back to Maison Academia warehouse, and the User will be reimbursed of the goods’ price, deducted expedition fees.
3.12 It is understood that, once the goods have departed from Maison Academia’s warehouses, Maison Academia will have no control whatsoever on the delivery: all details and eventual responsibilities on the matter shall refer to the specific provisions of the courier.
4. Return/Refund Policy
4.1 Since Licensed Creations and/or pre-ordered User Fashions are creative products, custom tailored and crafted for the User when receiving the order in the desired size and with any additional required specification, User shall not be entitled, in any case, to withdraw from contract, as per Article 55, section 2, letter b) of the Italian Legislative Decree n. 206/2005 (Consumer Code). Maison Academia shall however evaluate in good faith and at its discretion and best judgement any return requests regarding the quantities/sizes of the goods (by way of example, if the requested sizes/colours do not match the received garments) and shall authorize such kind of return requests on a case by case basis with the procedure at 4.2, 4.3 and 4.4 below.
4.2 Before returning items, the User will have to contact Maison Academia at the dedicated email address email@example.com, describing the situation. Maison Academia will examine the case and, if appropriate, authorize a return and assign a return number and arrange collection of the goods by means of courier at its own expense, providing the User with instructions and labels to print and paste over the package. It is understood that only Licensed Creations which have not been used and are in perfect condition and undamaged shall be considered by Maison Academia as eligible for return.
4.3 Users who will receive a return authorization with a return number may return Licensed Creations to the address indicated by Maison Academia in the message which authorizes return and communicates the return number within 30 (thirty) days (“Return Period”). Within the Return Period, Users shall have the option:
a) to request refunding of the amount paid for the Licensed Creation, without regard to any shipping charges which may have been paid (which are not refundable); or
b) to request an exchange of the Licensed Creation they have returned. It is understood that exchange will be possible only if the User Fashion is returned to Maison Academia in its original condition (i.e. unused and unwashed). Where it is no longer possible to exchange a returned Licensed Creation due to lack of availability, Maison Academia shall inform the User immediately by e-mail and shall inform the User to the remaining return options.
4.4 In lieu of a refund as per case a) above, User may also request to receive a voucher for the amount of the refund, to be used in the next 6 months on Maison Academia website.
5. Charges, payment terms
5.1 The prices applicable from time to time with respect to Licensed Creations (or to a User Fashion which has been selected and for which Maison Academia has given approval to start production) are displayed directly on its website at www.maisonacademia.com.
5.2 All prices of Licensed Creations referenced by Maison Academia are quoted inclusive of VAT, unless otherwise expressly noted. Any shipping charges shall be charged separately and shall apply only with respect to the order in question.
5.3 From time to time, Maison Academia may offer to Users ordering and purchasing more than a fixed number of Licensed Creations special delivery “free of shipping charges”.
5.4 When ordering goods from Maison Academia for delivery in extra-EU Countries in the Country List, Users may be subject to import duties and taxes, which are levied once the package reaches the specified destination by competent authorities and may not be known to Maison Academia. Such charges and taxes, including clearing of customs, shall entirely be borne by the User; Maison Academia has no control over these charges and cannot predict what they may be, nor can it predict their amount. Customs policies vary widely from country to country, and Users should contact their local customs office, for further information. Additionally to the above, non-EU Users hereby acknowledge that, when ordering from Maison Academia, they may be considered the importers of record and shall have to comply with all laws and regulations of the country in which they are receiving the goods.
5.5 Maison Academia’s claims for its fees shall arise once a binding order or Pre-Order for a User Fashion/Licensed Creation has been submitted. Unless otherwise expressly agreed, payments shall be due and payable within seven calendar days from the date the order confirmation has been received by the User. The amount of the invoice must be credited to the account stated in the invoice by no later than the due date referenced. Until such time as complete payment is made for the complete fees falling due from time to time, Maison Academia may delay delivery of goods for causes depending on production or transport problems or better efficiency at its discretion.
5.6 In terms of the date payment is received, this shall be the date on which Maison Academia has received the amount or it is credited to the bank account of Maison Academia indicated on its invoice. In the event of delayed payment by the User, Maison Academia may charge default interest rate, at the fixed rate established by applicable law, beginning on the 15th day from the date of the invoice. The User shall bear the reminder, informational and other costs of recovery of the open invoice amount. Maison Academia’s right to assert claims for damages beyond the foregoing shall remain unaffected hereby.
5.7 When paying sums due to Maison Academia, the User shall follow instructions provided by Maison Academia choosing between payment options (e.g. credit card, debit card, wire, etc.) provided by Maison Academia at its own discretion. Should the User choose a payment method which requires the use of a pre-printed transfer form or an electronic transfer (online banking), he/she shall grant Maison Academia authority to effect a direct debit of its claims for fees under the direct debit authority procedure. Such payment procedures are automated and are not under Maison Academia’s direct control, so Maison Academia will take no responsibility for any issues and/or malfunctionings. The User shall bear all costs and charges associated with banking transfers.
5.8 Payments of Users are to be made mandatorily by using an online payment provider specified by Maison Academia in case of a valid and binding Pre-Order. Full payment is conditional only upon Maison Academia’s decision to clear a selected User Fashion (based on a Sample) for production and distribution. In case of credit card payment, the online payment provider is going to be block the amount to be paid at first and will only be collect the sum once actual production of the (pre-) ordered User Fashion/Licensed Creation has been initiated. Payments per debit card will be reimbursed if production of the User Fashion/Licensed Creation in question is not performed or stopped for some reason.
5.9 The User hereby waives the right to exercise a right of set-off for any counterclaims against Maison Academia’s claims for its fees, except where Maison Academia has acknowledged these counterclaims in writing, or they have been determined by judicial decision. Furthermore, the User shall not be entitled to withhold payments due to incomplete total deliveries, warranty or guarantee claims or claims for defects.
5.10 The User shall solely bear all tax obligations arising out of its contractual relationship with Maison Academia, with the exception of income tax. The User shall indemnify Maison Academia and hold it harmless against any unjustified claims against Maison Academia for such taxes and duties.
5.11 Payment shall be issued and paid on a per-order basis. Maison Academia shall not accept partial payment, if not specifically agreed to in writing.
5.12 To place Orders and Pre-Orders of more than 10 units and/or for a total net amount of more than EURO 1000 (“Large Orders”) of Licensed Creations/User Fashions, the User shall have to pay in advance an amount of 500 Euros, as retainer. Should the User cancel and/or withdraw from a Large Order without a valid just cause, Maison Academia shall be entitled to keep the retainer as advance compensation of the amount of its actual damages. In the event of a default of payment of a Large Order by the User, Maison Academia shall in any event be relieved of all further obligations to perform the contract and effect deliveries, and shall be entitled to retain any goods outstanding as well as to demand repayment/securities or, after setting a reasonable grace period, to withdraw from contract.
6.1 Any dispute arising from the application, execution, interpretation and violation of the on line contract drawn up by the customer with Maison Academia, shall exclusively be subject to the Italian jurisdiction.
6.2 Further to any controversy between the involved parties, the competent body is the Law Court in the residence or domicile town of the customer, if sited within the Italian territory.
6.3 If the customer domicile town or his/her residence are located outside the Italian territory, the competent Law Court will be the one exercising the contract.
7. Governing Law
7.1 These General Sale and Delivery Terms are governed by Italian law and in particular by Italian Legislative Decree 6 September 2005 no. 206 (Consumer Code) regarding distance contracts and right of withdrawal and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.