Disclosure on the processing of personal data
(Art. 13 of Italian Legislative Decree no. 196 of 30 June 2003)
 
MAX&Co., the controller of the data, however such data is provided (at the point(s) of sale, through on-line sign up/registration forms, etc.) concerning users reading this disclosure, hereby informs you that such data shall be processed in accordance with the legal provisions set forth in the Privacy Law, Italian Legislative Decree no. 196 of 30 June 2003, for the following purposes:
1) invitations to events, newsletters, notifications of sales and promotional initiatives, the transmission of advertising material and any other promotional or sales initiative;
2) competitions and/or contests;
3) market research and any other marketing studies (conducted directly or through specialised companies).
 
The data shall be processed using electronic and/or manual media, according to procedures in line with the purposes indicated above which, in any event, shall guarantee the security of such data.
Provision of your data is optional. However, if such data is not provided or partially provided, it will be impossible to pursue the purposes set forth in points 1, 2 and 3.
 
The data shall be stored and processed in compliance with the procedures set forth in Italian Legislative Decree no. 196 of 30 June 2003, adopting all the required minimum security measures.
 
Your data may be communicated to shopping agencies, telephony companies, publishing companies, advertising agencies, companies specialising in marketing analysis and/or that conduct market research, companies providing promotion management services, including competitions and/or contests, other points of sale, including on-line shops, to all the commercial chains belonging to the brands that distribute Max Mara Group products, consultants and agents, and to companies that supply the products you purchase.
Users' data may also be divulged via Internet in the event that you are the winner of competitions and/or contests.
 
You, as a data subject, have the right, at any time, to obtain confirmation of whether your data exists and to know the content and source of such data, verify the accuracy of such data or request supplementation or updating or correction of the data (Art. 7 of Italian Legislative Decree no. 196 of 30 June 2003).

Pursuant to said article, data subjects have the right to request the deletion, transformation into anonymous form or blocking of data processed unlawfully, as well as to object, on legitimate grounds, to the processing of such data.
 
The rights pursuant to Article 7 of Italian Legislative Decree no. 196 of 30 June 2003 may be exercised by the data subjects at any time by contacting the data controllers, which are the point of sale where you provided your data or, in any event, the company MAX&Co..
Furthermore, if you, as the data subject, have any questions or comments on our Disclosure on the Processing of Personal Data, please send us an email at: info@maxandco.com
 
 
GENERAL TERMS AND CONDITIONS
 
Scope of application
 
1. The general terms and conditions set forth herein (hereinafter: "T&C") shall apply to all orders and purchases of clothing and accessories (hereinafter: the "Products") on the website at.maxandco.com (hereinafter: "Website"), managed by E-volve Service Sagl, a company incorporated under Swiss law, with registered office in Via Cantonale 2b, CH-6928 Manno, Switzerland (hereinafter: "E-volve") by persons resident in
Belgium (hereinafter: "you", or "Customer").
  
Notices
 
2. You, the Customer, must carefully read the T&C before placing any orders.
 
3. By accepting the T&C and placing an order, you declare:
i. that you have read, understood and fully accept these T&C without reservations;
ii. that you are a consumer and you intend to purchase the Products exclusively for personal use, not to resell them as part of a commercial enterprise or business of any type;
iii. that you authorise E-volve to store, process, use and transfer to third parties and/or abroad the (personal) data contained in the order, for the purpose of executing the order.
 
4. E-volve shall do its best to ensure that the information contained on the Website is accurate and up-to-date. However, we cannot provide any guarantees in this regard. You acknowledge and accept that the Products may not fully comply with the information, specifications and/or photographs on the Website.
 
Orders
 
5. The contract of sale between E-volve and the Customer shall be deemed as finalized with the transmission to the Customer, at the email address indicated by the Customer in the order, of the written confirmation of shipment.
 
6. E-volve shall consider any requests for order cancellation received by E-volve before the Products have been shipped to the Customer.
 
7. If a specific Product in your order is no longer available, E-volve shall be under no obligation to supply the Product in question; rather, it shall only be required to promptly inform you of this situation. If only some of the Products in the order are available, E-volve will contact you to ask whether you intend to cancel the order or if you are willing to receive only the Products available and/or any substitutions among those available. In that case, you will be charged only the amount relating to the Products you will receive.
 
8. E-volve reserves the right to decrease, at its discretion, the quantity of Products which may be purchased on its Website.
 
 
Prices
 
9. The prices of the Products shall, in any event, be those indicated on the invoice, in the currency indicated during purchase. E-volve shall, in any event, do its best to ensure that the prices on the website are current and up-to-date.
 
10. Shipping and delivery costs are free of charge. 


11. You shall authorize payment at the time you place an order, via credit card or using other methods set forth in the related section of the website. The amount paid will be effectively charged at the time the shipment is confirmed.
 

Delivery
 
12. Products shall be delivered to the delivery address you have provided in the order.  Should it be evident that the product has been damaged, hidden or gone missing in transit, Customers are requested to call our Customer Service department within max. 48 hours, using the “Contacts” link in the Customer Service area on the website maxandco.com. E-volve will provide reimbursement for any product sold that has been damaged during the transport carried out by its forwarding agent, or proves missing, provided that:
- the Customer has, via the “Contact Us” page in the “Customer Service” area of the website maxandco.com, provided written notification of the damage or the absence of the product, within 48 (forty eight) hours of the delivery date;
- the Customer provides E-volve with the original packaging, and – in the event of damage – of the product in question;
- in the event of damage, the numbered guarantee seal must not be removed, and must appear as it was placed on the item at the quality control stage prior to transport.
If one or more of the above conditions are not complied with, E-volve will not reimburse the amount paid or replace the product, which, in this case, will be made available for collection by the Customer at their expense. In this case, E-volve, will send an e-mail indicating that the return has not been accepted, indicating where the goods can be collected.


13. In general, the Products will be delivered within 30 (thirty) days from date of order confirmation by E-volve, without  prejudice to the fact that delivery times may vary depending on the destination country. If delivery is delayed for reasons not attributable to E-volve, you will be notified of the new delivery date, if possible.
 
14. E-volve reserves the right to reject, suspend or cancel, at its own discretion, the delivery or fulfilment of any of the obligations deriving from the contract of sale, in the event of alleged fraud, breach or violation by the Customer of obligations undertaken in relation to E-volve by way of previous orders and/or contracts of sale. If the Products ordered are required to undergo customs controls (based on the destination country), all customs charges related to the clearance of the goods shall be borne by the Customer. If you decide to refuse the order once it has reached customs, E-volve will not authorise the refund for the goods, which shall be left with the customs office.
 
Right of withdrawal
 
15. You have the right to return the Products purchased on maxandco.com, without being charged any penalties and without having to provide a reason for the return, within fourteen (14) calendar days starting from the day you received the Products in question, or, if longer, within the term set forth in the statutory regulations applicable in your country of residence.
 
16. With the receipt of the Products by E-volve, the contract of sale shall be deemed cancelled for all legal effects, and the related obligations, rights or claims shall be forfeited, without prejudice to the fact that if the Products returned to E-volve are damaged, E-volve shall have the right to compensation for such damage using the payment you have already made for the Products.
 
17. In addition to the above (Clauses 15-16), the right of withdrawal is subject to the following conditions:
i. Within fourteen (14) calendar days from the date you received the Products, you may request authorization to return them.
 If you are a registered user, to request the return, access the "My Orders" section in your personal area, and click on RETURN. If you purchased as a guest and do not have a user profile, you must directly contact customer care.

ii. After submitting the return request, our customer service will contact you in order to schedule the home pick up of the returned product, providing you the UPS return label and the instructions to follow. The return service is free of charge. The return address is the following:

Manifatture del Nord
c/o Magazzino resi E-commerce
Via Mazzacurati 4
42122, Reggio Emilia
Italy
  
iii. returned Products must not be used, worn out or damaged;
iv. the tag identifying the Product must still be attached to the product;
v. the Product must be returned in its original packaging, along with any accessories or instruction manuals;
vi. the returned Products will be picked up by E-volve, at its expense.
 
18. As soon as E-volve is able to confirm that the requirements have been met, it will send you an email confirming the acceptance of the return, and will initiate the refund procedure so that you will receive the refund of the amount paid for the returned Products in the following thirty (30) days, irrespective of the method of payment you used previously. The amounts paid by the Customer will always exclusively be refunded to the Customer that made the payment.
 
19. In the event that the above requirements are not met, you shall not have the right to refund of the amount paid to E-volve. Nonetheless, you will only have the right to pick up the Products returned at the Manifatture del Nord warehouse, at your own risk and expense. If you do not request to have the returned Products sent back to you within thirty (30) days from the related notification from E-volve, E-volve shall have the right to hold them as well as to keep the amount received for the transaction.


20. The Customer may contact our Customer Service department free of charge via email using the appropriate form, or by telephone at the number indicated from Monday to Friday. Should the Customer decide to use any other means of communication (e.g.  post, fax, toll telephone number assigned to MAX&Co., etc.), any expenses incurred will not be reimbursed by E-volve.

Warranty and limitation of liability
 
21. E-volve's warranty is limited to any defects arising in the Products, excluding, without limitation, any implicit warranty concerning quality or suitability for your purposes, for a period of 2 (two) years from the delivery of the Products.
 
22. The sole purpose of the warranty is to grant a refund of the amount paid for defective Products, provided that E-volve is notified of the defect within 6 (six) months from the time it was detected.
 
23. In addition to that set forth above (Articles 20-21), the right of withdrawal is subject to the following conditions, on pain of forfeiture of the warranty. 
Before sending the defective Products back to E-volve, you must request authorization for the return. If you are a registered user, to request authorization of returns, access the section in your personal area “My Orders”, click on the link “Return Product”, and schedule the home pick up on-line.
If you made purchases without registering, and do not have your own account, you must directly contact customer care to schedule the home pick up.
 
24. Once it has received the Product and verified its defects, E-volve will send you an email confirming the acceptance of the return, and will initiate the procedure to refund you the amount paid for the defective Product, which must be concluded within thirty (30) days, irrespective of the method of payment you used previously. The amounts paid by the Customer will always exclusively be refunded to the Customer that made the payment.
In the event that the above requirements are not met, or in the event that the defect you have reported is not found, you shall not have the right to refund of the amount paid to E-volve. Nonetheless, you will only have the right to pick up the Products returned at the Manifatture del Nord warehouse, at your own risk and expense. If you do not request to have the returned Products sent back to you within thirty (30) days from the related notification from E-volve, E-volve shall have the right to hold them as well as to keep the amount received for the transaction.
 
25. Without prejudice to the above warranty, E-volve shall not be held liable (under contract or in tort) in any way to the Customer, within the limits of the applicable statutory regulations.
 
26. The maximum limit of total liability of E-volve may in no event exceed the amount paid by the Customer to purchase the Product.
 
General provisions
 
27. If one or more of the provisions of these T&C should result null and void, voidable, illegal or unenforceable, this shall not result in the unenforceability of the T&C. The provision in question shall be replaced with a similar valid provision which takes due account of the intent and the content of the original provision, in compliance and in accordance with regulations in force.
 
28. These T&C are subject to Swiss substantive law (excluding the Swiss law on international private law and international treaties, specifically, the United Nations Convention on Contracts for the International Sale of Goods). Any disputes which may arise shall be submitted to the exclusive jurisdiction of the competent court of Lugano (Switzerland).

 

 

PRIVACY INFORMATION NOTICE

Thank you for providing us with your personal data.
By visiting the website of Max&Co, you acknowledge and accept the procedures described in this Privacy Notice.


WHY THIS NOTICE

These pages describe the methods and purposes of the management of this website maxandco.com concerning the processing of personal data of the users consulting the site and using its functions, as better described below, as well as current and potential consumers who may consent to the processing of their personal data notified to the stores distributing the products of the brand.

This information notice is published also pursuant to art. 13 of Italian Legislative Decree (D.Lgs.) no. 196/2003 - Data Protection Act to anyone interacting with the web services of the website maxandco.com, which are accessible on-line from the website address:
http://www.maxandco.com on the home page and anyone interacting with the stores distributing the products of the brand. 

This information notice also aims as far as possible to comply with Recommendation no. 2/2001 which the European authorities for data protection, within the Group established by art. 29 of Directive no. 95/46/EC, adopted on May 17, 2001 to identify some minimum requirements for the gathering of personal data on-line, and, particularly, the methods, timing and nature of the information which the data controllers must provide users when they connect to the web page, whatever the purpose of such connection.


METHODS AND PURPOSES OF THE DATA PROCESSING

Following the consultation of this website, information may be processed concerning identified or identifiable persons. 

It is explicitly declared that if the user has come to the web services of the website maxandco.com, which is managed by Manifatture del Nord S.r.l., as a result of advertisements on other websites and/or social networks (Facebook, Google etc.), it is possible that such action may be subject to impersonal and anonymous statistical monitoring in order to control the functions of the advertisements, also for security purposes.

It should be noted that this website maxandco.com, which is managed by Manifatture del Nord S.r.l., in the section destined for on-line sale of products and for all concerning the procedure of executing the purchase as requested by the user (art. 42 of the Data Protection Act i), web services are supplied by E-volve Service SA to which the user data is notified at the same time and which processes the data in compliance with the provisions of this Privacy Policy. 

Manifatture del Nord S.r.l. and the companies of the Max Mara Group or any third parties appointed thereby to provide on-line services will share the data, using it in compliance with this Privacy Policy. These parties, as better identified hereafter, may analyse and process the aforementioned data in order to improve the products and services supplied.

The personal data is processed using mainly electronic or on-line means.
In the stores, the data may also be processed in hard copy and subsequently copied onto the computer platforms.
As a rule, the personal data may be processed differently depending on the purposes for which the user has consented their gathering and use.
In this regard, it is therefore possible to identify three different methods of gathering personal data, and consequently three different levels of processing, as specified below:

a) Newsletter
The user registers his/her e-mail address exclusively in order to receive all updates and news (sales initiatives, competitions, prize draws, opening of new stores, promotional sales in-store and on-line, cultural events etc.) concerning the brand and all brands of the Max Mara Group.
It is also possible that the data is processed, with the user's consent, to create profiles based on language preferences defined according to the country indicated in the user's website navigation. In this case the purpose is that of arranging for communications to be sent in the most appropriate way possible, in line with the needs and interests of the customer. 

b) “Guest” user
The personal data provided by the user is exclusively that required to complete the on-line purchase and manage/perform all phases of the sale, from order preparation to product delivery. In this field, therefore, the data is used and processed exclusively for notification to those parties that Manifatture del Nord S.r.l. has appointed to manage and complete the order, who may not however in turn use or process it for other purposes.
In particular, data must be entered in order to proceed with on-line purchases, complete orders and relative activities, manage payments, including anti-fraud controls for credit/debit card payments.
For on-line sales Manifatture del Nord S.r.l. uses the services of E-volve Service SA, and therefore in this case the data provided during the purchasing process (name, surname, address, credit/debit card number, delivery address if different from the invoicing address) will be sent to the person in charge of the anti-fraud controls for E-volve Service SA, with registered office in via Cantonale 2b, 6928 Manno, Switzerland,and will be processed by them solely for that purpose (please also refer to the section on "Data Controller”). In this field, the data may also be used with reference to technical or commercial requests, concerning the state of progress of the orders and general requests for information; 
Manifatture del Nord S.r.l. may also use other companies to perform activities concerning the completion of orders and the delivery of the purchased products. These suppliers will be provided exclusively with the data required to perform their own specific tasks. Manifatture del Nord S.r.l. guarantees that such parties may not use the data for other purposes, and that they are also obliged to process the personal data in compliance with this privacy information notice, and in compliance with statutory requirements.

c) Registered user
Users may provide their personal data on-line on this website maxandco.com through specific data entry screens, or at stores, also using paper forms. The personal data of registered users will be used, where explicitly requested, to send Newsletters, notices concerning commercial initiatives and promotions, to send advertising materials and any other promotional or commercial initiative or events, both by e-mail and by post.
The data may also be provided to shipping agencies, telephone companies, editorial companies, advertising agencies, companies specialized in marketing analyses and/or market research, services companies for the management of promotions, including competitions and/or prize draws, to other stores, also on-line, of the commercial chains belonging to the brands distributing the products of the Max Mara Group, consultants and agents, and to the suppliers of the purchased products.
After log-in using their own credentials, registered users may also proceed to purchase the products on-line. In this case, the personal data will also be processed in order to complete the on-line transaction and manage and perform all related phases, from order preparation to product delivery. In this field, therefore, the data is used and processed for notification to those parties that Manifatture del Nord S.r.l. has appointed to manage and complete the order, who may not however in turn use or process it for other purposes.
In particular, the data must be processed during the on-line purchase to complete orders and relative activities, manage payments, including anti-fraud controls for credit/debit card payments. During the purchasing process, the data of registered users (name, surname, address, credit card number, delivery address if different from the invoicing address) will be sent to the person in charge of the anti-fraud controls for E-volve Service SA, with registered office in  via Cantonale 2b, 6928 Manno, Switzerland), Italy, and will be processed by them solely for that purpose (please also refer to the section on "Data Controller”). In this field, the data may also be used with reference to technical or commercial requests, concerning the state of progress of the orders and general requests for information; 
Manifatture del Nord S.r.l. may also use other companies to perform activities concerning the completion of orders and the delivery of the purchased products. These suppliers will be provided exclusively with the data required to perform their own specific tasks. Manifatture del Nord S.r.l. guarantees that such parties may not use the data for other purposes, and that they are also obliged to process the personal data in compliance with this privacy information notice, and in compliance with statutory requirements.

In some cases it is possible that the user can be identified directly or indirectly in person.
This is however done in compliance with the principle of strict necessity. 
The website is therefore structured in such a way that only the the minimum indispensable use of personal data is made.
When the purposes pursued can be performed using data in anonymous form, this will be the privileged procedure, thus excluding that the person can be identified. 

Please also note that in some cases we may be required by law to disclose the data provided to third parties; in this case, your data may be made available to third parties who will process it autonomously and solely for the aforementioned purposes (for example, when requested by the police, the magistrates or other competent authorities).

As far as permitted by the current state of technology, we have adopted and comply with security measures to prevent the loss, unlawful or improper use of, or unauthorized access to, your data.


THE DATA CONTROLLER

It is important for users to be aware of the circumstance that, as this document aims to expressly inform, the recording through this website maxandco.com, or in any case the notification of your data in the above-described methods, will also be valid and effective for the companies of the Max Mara Group and those appointed by them to provide on-line sales services and who shall therefore share such information all comply with this Policy Privacy.

Here below is the updated list as of the date of publication of this Policy of the companies in the Max Mara Group which may share the personal data gathered via this website as well as the data of the companies managing on-line product sales which are therefore co-controllers of the data:
 

Company

 References

 Max Mara S.r.l.

 

 Via G. Maramotti 4 – 42124 Reggio Emilia - Italy

Tel: +39 0522 3991,  Fax: +39 0522 399.3993

 

Manifatture del Nord S.r.l.

 

 

Via Mazzacurati 6 – 42122 Reggio Emilia – Italy

 Tel: +39 0522 3581, Fax: +39 0522 550018

 

Marella S.r.l.

 

 

Via  G. Maramotti 4  - 42124 Reggio Emilia - Italy

 Tel: +39 0522 927411,  Fax: +39 0522 9274333

Marina Rinaldi S.r.l.

 

Via Mazzacurati 4, - 42122 Reggio Emilia – Italy

 Tel: +39 0522 3591,  Fax: +39 0522 557701

Diffusione Tessile S.r.l.

 

Via Santi, 8 - 42025 Corte Tegge Cavriago (RE) - Italy

Tel: +39 0522 494953,  Fax: +39 0522 944385

E-volve Service SA

 

Via Cantonale 2b, CH-6928 Manno, Switzerland 

Tel: +41 91 630 64 54

 

 Max Mara Fashion Group S.r.l.

 

 

Via del Carmine, 10 - 10122 Torino – Italy

Tel: +39 0522 3991, Fax: +39 0522 399.3254


The above-listed companies will autonomously process the data for the activities concerning their own brands and will share them with the other companies in the Max Mara Group exclusively for the purposes listed above (Methods and purposes of the data processing).


TYPES OF DATA PROCESSED

Navigation data
During normal operation, the computer systems and software procedures for the operation of this website acquire some personal data which is implicitly transmitted in the use of Internet communication protocols.

This information is not gathered in order to be associated to the identified persons, but which by its very nature could, if processed and associated to data held by third parties, lead to the identification of the users.

This category of data includes the IP addresses or names of computer domains used by the users when connecting to the website, URI (Uniform Resource Identifier) addresses of requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in reply, the numerical code indicating the state of the reply given by the server (OK, error, etc.) and other parameters concerning the operating system and computer environment of the user.

This data is used solely to gather statistical information on the use of the website and to check that it is working correctly.


NON-MANDATORY NATURE OF THE PROVISION OF DATA

In addition to what stated for the navigation data, users are free to provide their personal data in the specific request forms.

If they do not provide such information, however, it will not be possible to satisfy the requests made or continue with the procedures for which the personal data needs to be acquired.

Specific security measures are ensured in order to prevent the loss of data, unlawful or improper use or unauthorised access.


RIGHTS OF THE PARTIES CONCERNED

The parties to which the personal data refers have the right at any time to obtain the confirmation of the existence or otherwise of their data and to know the contents and origin thereof, check the exact nature, check the correctness or request the integration, updating or correction of their data (Article 7 of the Data Protection Act).

Pursuant to the same article, they have the right to obtain the deletion, transformation into an anonymous form or suspension of any data processed in breach of the law, and to oppose the processing of their data for legitimate reasons.
Requests should be sent by e-mail to: info@maxandco.com


 
Disclosure on the processing of personal data
(Art. 13 of Italian Legislative Decree no. 196 of 30 June 2003)
 
MAX&Co., the controller of the data, however such data is provided (at the point(s) of sale, through on-line sign up/registration forms, etc.) concerning users reading this disclosure, hereby informs you that such data shall be processed in accordance with the legal provisions set forth in the Privacy Law, Italian Legislative Decree no. 196 of 30 June 2003, for the following purposes:
1) invitations to events, newsletters, notifications of sales and promotional initiatives, the transmission of advertising material and any other promotional or sales initiative;
2) competitions and/or contests;
3) market research and any other marketing studies (conducted directly or through specialised companies).
 
The data shall be processed using electronic and/or manual media, according to procedures in line with the purposes indicated above which, in any event, shall guarantee the security of such data.
Provision of your data is optional. However, if such data is not provided or partially provided, it will be impossible to pursue the purposes set forth in points 1, 2 and 3.
 
The data shall be stored and processed in compliance with the procedures set forth in Italian Legislative Decree no. 196 of 30 June 2003, adopting all the required minimum security measures.
 
Your data may be communicated to shopping agencies, telephony companies, publishing companies, advertising agencies, companies specialising in marketing analysis and/or that conduct market research, companies providing promotion management services, including competitions and/or contests, other points of sale, including on-line shops, to all the commercial chains belonging to the brands that distribute Max Mara Group products, consultants and agents, and to companies that supply the products you purchase.
Users' data may also be divulged via Internet in the event that you are the winner of competitions and/or contests.
 
You, as a data subject, have the right, at any time, to obtain confirmation of whether your data exists and to know the content and source of such data, verify the accuracy of such data or request supplementation or updating or correction of the data (Art. 7 of Italian Legislative Decree no. 196 of 30 June 2003).

Pursuant to said article, data subjects have the right to request the deletion, transformation into anonymous form or blocking of data processed unlawfully, as well as to object, on legitimate grounds, to the processing of such data.
 
The rights pursuant to Article 7 of Italian Legislative Decree no. 196 of 30 June 2003 may be exercised by the data subjects at any time by contacting the data controllers, which are the point of sale where you provided your data or, in any event, the company MAX&Co..
Furthermore, if you, as the data subject, have any questions or comments on our Disclosure on the Processing of Personal Data, please send us an email at: info@maxandco.com
 
 
GENERAL TERMS AND CONDITIONS
 
Scope of application
 
1. The general terms and conditions set forth herein (hereinafter: "T&C") shall apply to all orders and purchases of clothing and accessories (hereinafter: the "Products") on the website at.maxandco.com (hereinafter: "Website"), managed by E-volve Service Sagl, a company incorporated under Swiss law, with registered office in Via Cantonale 2b, CH-6928 Manno, Switzerland (hereinafter: "E-volve") by persons resident in
Sweden (hereinafter: "you", or "Customer").
  
Notices
 
2. You, the Customer, must carefully read the T&C before placing any orders.
 
3. By accepting the T&C and placing an order, you declare:
i. that you have read, understood and fully accept these T&C without reservations;
ii. that you are a consumer and you intend to purchase the Products exclusively for personal use, not to resell them as part of a commercial enterprise or business of any type;
iii. that you authorise E-volve to store, process, use and transfer to third parties and/or abroad the (personal) data contained in the order, for the purpose of executing the order.
 
4. E-volve shall do its best to ensure that the information contained on the Website is accurate and up-to-date. However, we cannot provide any guarantees in this regard. You acknowledge and accept that the Products may not fully comply with the information, specifications and/or photographs on the Website.
 
Orders
 
5. The contract of sale between E-volve and the Customer shall be deemed as finalized with the transmission to the Customer, at the email address indicated by the Customer in the order, of the written confirmation of shipment.
 
6. E-volve shall consider any requests for order cancellation received by E-volve before the Products have been shipped to the Customer.
 
7. If a specific Product in your order is no longer available, E-volve shall be under no obligation to supply the Product in question; rather, it shall only be required to promptly inform you of this situation. If only some of the Products in the order are available, E-volve will contact you to ask whether you intend to cancel the order or if you are willing to receive only the Products available and/or any substitutions among those available. In that case, you will be charged only the amount relating to the Products you will receive.
 
8. E-volve reserves the right to decrease, at its discretion, the quantity of Products which may be purchased on its Website.
 
 
Prices
 
9. The prices of the Products shall, in any event, be those indicated on the invoice, in the currency indicated during purchase. E-volve shall, in any event, do its best to ensure that the prices on the website are current and up-to-date.
 
10. Shipping and delivery costs are free of charge. 


11. You shall authorize payment at the time you place an order, via credit card or using other methods set forth in the related section of the website. The amount paid will be effectively charged at the time the shipment is confirmed.
For payment using a PayPal account, you must enter your username and password in the specific fields on the PayPal page you are automatically directed to, to then complete the payment following the procedures indicated by the service provider. During payment, MAX&Co. will store an identification code associated with your PayPal account that authorises future payments esclusively on maxandco.com for orders or exchanges. You will therefore no longer have to enter your PayPal login data at checkout on this website. It is possible to withdraw this authorisation at any time from the MAX&Co. account page, by writing to our Customer Care (customerservice@maxandco.com) or directly from your PayPal account page.
The order procedure shall be considered effectively concluded on completion of the payment transaction, once you are redirected to the page of the Web Site displaying the confirmation of acceptance of the order.


 

Delivery
 
12. Products shall be delivered to the delivery address you have provided in the order.  Should it be evident that the product has been damaged, hidden or gone missing in transit, Customers are requested to call our Customer Service department within max. 48 hours, using the “Contacts” link in the Customer Service area on the website maxandco.com. E-volve will provide reimbursement for any product sold that has been damaged during the transport carried out by its forwarding agent, or proves missing, provided that:
- the Customer has, via the “Contact Us” page in the “Customer Service” area of the website maxandco.com, provided written notification of the damage or the absence of the product, within 48 (forty eight) hours of the delivery date;
- the Customer provides E-volve with the original packaging, and – in the event of damage – of the product in question;
- in the event of damage, the numbered guarantee seal must not be removed, and must appear as it was placed on the item at the quality control stage prior to transport.
If one or more of the above conditions are not complied with, E-volve will not reimburse the amount paid or replace the product, which, in this case, will be made available for collection by the Customer at their expense. In this case, E-volve, will send an e-mail indicating that the return has not been accepted, indicating where the goods can be collected.


13. In general, the Products will be delivered within 30 (thirty) days from date of order confirmation by E-volve, without  prejudice to the fact that delivery times may vary depending on the destination country. If delivery is delayed for reasons not attributable to E-volve, you will be notified of the new delivery date, if possible.
 
14. E-volve reserves the right to reject, suspend or cancel, at its own discretion, the delivery or fulfilment of any of the obligations deriving from the contract of sale, in the event of alleged fraud, breach or violation by the Customer of obligations undertaken in relation to E-volve by way of previous orders and/or contracts of sale. If the Products ordered are required to undergo customs controls (based on the destination country), all customs charges related to the clearance of the goods shall be borne by the Customer. If you decide to refuse the order once it has reached customs, E-volve will not authorise the refund for the goods, which shall be left with the customs office.
 
Right of withdrawal
 
15. You have the right to return the Products purchased on maxandco.com, without being charged any penalties and without having to provide a reason for the return, within fourteen (14) calendar days starting from the day you received the Products in question, or, if longer, within the term set forth in the statutory regulations applicable in your country of residence.
 
16. With the receipt of the Products by E-volve, the contract of sale shall be deemed cancelled for all legal effects, and the related obligations, rights or claims shall be forfeited, without prejudice to the fact that if the Products returned to E-volve are damaged, E-volve shall have the right to compensation for such damage using the payment you have already made for the Products.
 
17. In addition to the above (Clauses 15-16), the right of withdrawal is subject to the following conditions:
i. Within fourteen (14) calendar days from the date you received the Products, you may request authorization to return them.
 If you are a registered user, to request the return, access the "My Orders" section in your personal area, and click on RETURN. If you purchased as a guest and do not have a user profile, you must directly contact customer care.

ii. After submitting the return request, our customer service will contact you in order to schedule the home pick up of the returned product, providing you the UPS return label and the instructions to follow. The return service is free of charge. The return address is the following:

Manifatture del Nord
c/o Magazzino resi E-commerce
Via Mazzacurati 4
42122, Reggio Emilia
Italy
  
iii. returned Products must not be used, worn out or damaged;
iv. the tag identifying the Product must still be attached to the product;
v. the Product must be returned in its original packaging, along with any accessories or instruction manuals;
vi. the returned Products will be picked up by E-volve, at its expense.
 
18. As soon as E-volve is able to confirm that the requirements have been met, it will send you an email confirming the acceptance of the return, and will initiate the refund procedure so that you will receive the refund of the amount paid for the returned Products in the following thirty (30) days, irrespective of the method of payment you used previously. The amounts paid by the Customer will always exclusively be refunded to the Customer that made the payment.
 
19. In the event that the above requirements are not met, you shall not have the right to refund of the amount paid to E-volve. Nonetheless, you will only have the right to pick up the Products returned at the Manifatture del Nord warehouse, at your own risk and expense. If you do not request to have the returned Products sent back to you within thirty (30) days from the related notification from E-volve, E-volve shall have the right to hold them as well as to keep the amount received for the transaction.


20. The Customer may contact our Customer Service department free of charge via email using the appropriate form, or by telephone at the number indicated from Monday to Friday. Should the Customer decide to use any other means of communication (e.g.  post, fax, toll telephone number assigned to MAX&Co., etc.), any expenses incurred will not be reimbursed by E-volve.

 

Warranty and limitation of liability
 
21. E-volve's warranty is limited to any defects arising in the Products, excluding, without limitation, any implicit warranty concerning quality or suitability for your purposes, for a period of 2 (two) years from the delivery of the Products.
 
22. The sole purpose of the warranty is to grant a refund of the amount paid for defective Products, provided that E-volve is notified of the defect within 6 (six) months from the time it was detected.
 
23. In addition to that set forth above (Articles 20-21), the right of withdrawal is subject to the following conditions, on pain of forfeiture of the warranty. 
Before sending the defective Products back to E-volve, you must request authorization for the return. If you are a registered user, to request authorization of returns, access the section in your personal area “My Orders”, click on the link “Return Product”, and schedule the home pick up on-line.
If you made purchases without registering, and do not have your own account, you must directly contact customer care to schedule the home pick up.
 
24. Once it has received the Product and verified its defects, E-volve will send you an email confirming the acceptance of the return, and will initiate the procedure to refund you the amount paid for the defective Product, which must be concluded within thirty (30) days, irrespective of the method of payment you used previously. The amounts paid by the Customer will always exclusively be refunded to the Customer that made the payment.
In the event that the above requirements are not met, or in the event that the defect you have reported is not found, you shall not have the right to refund of the amount paid to E-volve. Nonetheless, you will only have the right to pick up the Products returned at the Manifatture del Nord warehouse, at your own risk and expense. If you do not request to have the returned Products sent back to you within thirty (30) days from the related notification from E-volve, E-volve shall have the right to hold them as well as to keep the amount received for the transaction.
 
25. Without prejudice to the above warranty, E-volve shall not be held liable (under contract or in tort) in any way to the Customer, within the limits of the applicable statutory regulations.
 
26. The maximum limit of total liability of E-volve may in no event exceed the amount paid by the Customer to purchase the Product.
 
General provisions
 
27. If one or more of the provisions of these T&C should result null and void, voidable, illegal or unenforceable, this shall not result in the unenforceability of the T&C. The provision in question shall be replaced with a similar valid provision which takes due account of the intent and the content of the original provision, in compliance and in accordance with regulations in force.
 
28. These T&C are subject to Swiss substantive law (excluding the Swiss law on international private law and international treaties, specifically, the United Nations Convention on Contracts for the International Sale of Goods). Any disputes which may arise shall be submitted to the exclusive jurisdiction of the competent court of Lugano (Switzerland).

PRIVACY INFORMATION NOTICE

Thank you for providing us with your personal data.
By visiting the website of Max&Co, you acknowledge and accept the procedures described in this Privacy Notice.


WHY THIS NOTICE

These pages describe the methods and purposes of the management of this website maxandco.com concerning the processing of personal data of the users consulting the site and using its functions, as better described below, as well as current and potential consumers who may consent to the processing of their personal data notified to the stores distributing the products of the brand.

This information notice is published also pursuant to art. 13 of Italian Legislative Decree (D.Lgs.) no. 196/2003 - Data Protection Act to anyone interacting with the web services of the website maxandco.com, which are accessible on-line from the website address:
http://www.maxandco.com on the home page and anyone interacting with the stores distributing the products of the brand. 

This information notice also aims as far as possible to comply with Recommendation no. 2/2001 which the European authorities for data protection, within the Group established by art. 29 of Directive no. 95/46/EC, adopted on May 17, 2001 to identify some minimum requirements for the gathering of personal data on-line, and, particularly, the methods, timing and nature of the information which the data controllers must provide users when they connect to the web page, whatever the purpose of such connection.


METHODS AND PURPOSES OF THE DATA PROCESSING

Following the consultation of this website, information may be processed concerning identified or identifiable persons. 

It is explicitly declared that if the user has come to the web services of the website maxandco.com, which is managed by Manifatture del Nord S.r.l., as a result of advertisements on other websites and/or social networks (Facebook, Google etc.), it is possible that such action may be subject to impersonal and anonymous statistical monitoring in order to control the functions of the advertisements, also for security purposes.

It should be noted that this website maxandco.com, which is managed by Manifatture del Nord S.r.l., in the section destined for on-line sale of products and for all concerning the procedure of executing the purchase as requested by the user (art. 42 of the Data Protection Act i), web services are supplied by E-volve Service SA to which the user data is notified at the same time and which processes the data in compliance with the provisions of this Privacy Policy. 

Manifatture del Nord S.r.l. and the companies of the Max Mara Group or any third parties appointed thereby to provide on-line services will share the data, using it in compliance with this Privacy Policy. These parties, as better identified hereafter, may analyse and process the aforementioned data in order to improve the products and services supplied.

The personal data is processed using mainly electronic or on-line means.
In the stores, the data may also be processed in hard copy and subsequently copied onto the computer platforms.
As a rule, the personal data may be processed differently depending on the purposes for which the user has consented their gathering and use.
In this regard, it is therefore possible to identify three different methods of gathering personal data, and consequently three different levels of processing, as specified below:

a) Newsletter
The user registers his/her e-mail address exclusively in order to receive all updates and news (sales initiatives, competitions, prize draws, opening of new stores, promotional sales in-store and on-line, cultural events etc.) concerning the brand and all brands of the Max Mara Group.
It is also possible that the data is processed, with the user's consent, to create profiles based on language preferences defined according to the country indicated in the user's website navigation. In this case the purpose is that of arranging for communications to be sent in the most appropriate way possible, in line with the needs and interests of the customer. 

b) “Guest” user
The personal data provided by the user is exclusively that required to complete the on-line purchase and manage/perform all phases of the sale, from order preparation to product delivery. In this field, therefore, the data is used and processed exclusively for notification to those parties that Manifatture del Nord S.r.l. has appointed to manage and complete the order, who may not however in turn use or process it for other purposes.
In particular, data must be entered in order to proceed with on-line purchases, complete orders and relative activities, manage payments, including anti-fraud controls for credit/debit card payments.
For on-line sales Manifatture del Nord S.r.l. uses the services of E-volve Service SA, and therefore in this case the data provided during the purchasing process (name, surname, address, credit/debit card number, delivery address if different from the invoicing address) will be sent to the person in charge of the anti-fraud controls for E-volve Service SA, with registered office in via Cantonale 2b, 6928 Manno, Switzerland,and will be processed by them solely for that purpose (please also refer to the section on "Data Controller”). In this field, the data may also be used with reference to technical or commercial requests, concerning the state of progress of the orders and general requests for information; 
Manifatture del Nord S.r.l. may also use other companies to perform activities concerning the completion of orders and the delivery of the purchased products. These suppliers will be provided exclusively with the data required to perform their own specific tasks. Manifatture del Nord S.r.l. guarantees that such parties may not use the data for other purposes, and that they are also obliged to process the personal data in compliance with this privacy information notice, and in compliance with statutory requirements.

c) Registered user
Users may provide their personal data on-line on this website maxandco.com through specific data entry screens, or at stores, also using paper forms. The personal data of registered users will be used, where explicitly requested, to send Newsletters, notices concerning commercial initiatives and promotions, to send advertising materials and any other promotional or commercial initiative or events, both by e-mail and by post.
The data may also be provided to shipping agencies, telephone companies, editorial companies, advertising agencies, companies specialized in marketing analyses and/or market research, services companies for the management of promotions, including competitions and/or prize draws, to other stores, also on-line, of the commercial chains belonging to the brands distributing the products of the Max Mara Group, consultants and agents, and to the suppliers of the purchased products.
After log-in using their own credentials, registered users may also proceed to purchase the products on-line. In this case, the personal data will also be processed in order to complete the on-line transaction and manage and perform all related phases, from order preparation to product delivery. In this field, therefore, the data is used and processed for notification to those parties that Manifatture del Nord S.r.l. has appointed to manage and complete the order, who may not however in turn use or process it for other purposes.
In particular, the data must be processed during the on-line purchase to complete orders and relative activities, manage payments, including anti-fraud controls for credit/debit card payments. During the purchasing process, the data of registered users (name, surname, address, credit card number, delivery address if different from the invoicing address) will be sent to the person in charge of the anti-fraud controls for E-volve Service SA, with registered office in  via Cantonale 2b, 6928 Manno, Switzerland), Italy, and will be processed by them solely for that purpose (please also refer to the section on "Data Controller”). In this field, the data may also be used with reference to technical or commercial requests, concerning the state of progress of the orders and general requests for information; 
Manifatture del Nord S.r.l. may also use other companies to perform activities concerning the completion of orders and the delivery of the purchased products. These suppliers will be provided exclusively with the data required to perform their own specific tasks. Manifatture del Nord S.r.l. guarantees that such parties may not use the data for other purposes, and that they are also obliged to process the personal data in compliance with this privacy information notice, and in compliance with statutory requirements.

In some cases it is possible that the user can be identified directly or indirectly in person.
This is however done in compliance with the principle of strict necessity. 
The website is therefore structured in such a way that only the the minimum indispensable use of personal data is made.
When the purposes pursued can be performed using data in anonymous form, this will be the privileged procedure, thus excluding that the person can be identified. 

Please also note that in some cases we may be required by law to disclose the data provided to third parties; in this case, your data may be made available to third parties who will process it autonomously and solely for the aforementioned purposes (for example, when requested by the police, the magistrates or other competent authorities).

As far as permitted by the current state of technology, we have adopted and comply with security measures to prevent the loss, unlawful or improper use of, or unauthorized access to, your data.


THE DATA CONTROLLER

It is important for users to be aware of the circumstance that, as this document aims to expressly inform, the recording through this website maxandco.com, or in any case the notification of your data in the above-described methods, will also be valid and effective for the companies of the Max Mara Group and those appointed by them to provide on-line sales services and who shall therefore share such information all comply with this Policy Privacy.

Here below is the updated list as of the date of publication of this Policy of the companies in the Max Mara Group which may share the personal data gathered via this website as well as the data of the companies managing on-line product sales which are therefore co-controllers of the data:
 

Company

 References

 Max Mara S.r.l.

 

 Via G. Maramotti 4 – 42124 Reggio Emilia - Italy

Tel: +39 0522 3991,  Fax: +39 0522 399.3993

 

Manifatture del Nord S.r.l.

 

 

Via Mazzacurati 6 – 42122 Reggio Emilia – Italy

 Tel: +39 0522 3581, Fax: +39 0522 550018

 

Marella S.r.l.

 

 

Via  G. Maramotti 4  - 42124 Reggio Emilia - Italy

 Tel: +39 0522 927411,  Fax: +39 0522 9274333

Marina Rinaldi S.r.l.

 

Via Mazzacurati 4, - 42122 Reggio Emilia – Italy

 Tel: +39 0522 3591,  Fax: +39 0522 557701

Diffusione Tessile S.r.l.

 

Via Santi, 8 - 42025 Corte Tegge Cavriago (RE) - Italy

Tel: +39 0522 494953,  Fax: +39 0522 944385

E-volve Service SA

 

Via Cantonale 2b, CH-6928 Manno, Switzerland 

Tel: +41 91 630 64 54

 

 Max Mara Fashion Group S.r.l.

 

 

Via del Carmine, 10 - 10122 Torino – Italy

Tel: +39 0522 3991, Fax: +39 0522 399.3254


The above-listed companies will autonomously process the data for the activities concerning their own brands and will share them with the other companies in the Max Mara Group exclusively for the purposes listed above (Methods and purposes of the data processing).


TYPES OF DATA PROCESSED

Navigation data
During normal operation, the computer systems and software procedures for the operation of this website acquire some personal data which is implicitly transmitted in the use of Internet communication protocols.

This information is not gathered in order to be associated to the identified persons, but which by its very nature could, if processed and associated to data held by third parties, lead to the identification of the users.

This category of data includes the IP addresses or names of computer domains used by the users when connecting to the website, URI (Uniform Resource Identifier) addresses of requested resources, the time of the request, the method used in submitting the request to the server, the size of the file obtained in reply, the numerical code indicating the state of the reply given by the server (OK, error, etc.) and other parameters concerning the operating system and computer environment of the user.

This data is used solely to gather statistical information on the use of the website and to check that it is working correctly.


NON-MANDATORY NATURE OF THE PROVISION OF DATA

In addition to what stated for the navigation data, users are free to provide their personal data in the specific request forms.

If they do not provide such information, however, it will not be possible to satisfy the requests made or continue with the procedures for which the personal data needs to be acquired.

Specific security measures are ensured in order to prevent the loss of data, unlawful or improper use or unauthorised access.


RIGHTS OF THE PARTIES CONCERNED

The parties to which the personal data refers have the right at any time to obtain the confirmation of the existence or otherwise of their data and to know the contents and origin thereof, check the exact nature, check the correctness or request the integration, updating or correction of their data (Article 7 of the Data Protection Act).

Pursuant to the same article, they have the right to obtain the deletion, transformation into an anonymous form or suspension of any data processed in breach of the law, and to oppose the processing of their data for legitimate reasons.
Requests should be sent by e-mail to: info@maxandco.com