TERMS, REFUND AND CONDITIONS OF SALE
1. BACKGROUND
1.1 These general terms and conditions apply when you as a customer place an order via www.madstitch.bigcartel.com. The agreement is concluded between you and Madstitch - company reg. no.: 34251819. Detailed contact information about Madstitch are set forth on the Website.
1.2 The Customer must be minimum 18 years old to order via the Website. In accordance with Danish law, Madstitch does not accept any credit purchases by persons below 18 years of age. Madstitch reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
1.3 Madstitch shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Madstitch is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Madstitch will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to Madstitch continuing with the order process. All images on the Website shall be considered as original work or art prints. Madstitch is not responsible for any information by third parties provided for on the Website.
1.4 The Website and all its content is owned by Madstitch or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of Madstitch.
2. CONTRACTS AND ORDERS
2.1 A purchase agreement is concluded when Madstitch has confirmed the Customer’s order and the Customer has received an order confirmation from Madstitch via e-mail. Madstitch encourages the Customer to save the order confirmation for any future contacts with Madstitch’s customer service regarding the order. The Customer is entitled to cancel their order up until it has been confirmed by Madstitch. If the order is cancelled, Madstitch will refund any payments the Customer or their pay- or credit card company has made with regard to the order.
3. PRICES, FEES AND PAYMENT
3.1 The prices stated on the Website apply to orders placed on the Website. All prices are presented in Danish Kroners DKK and include VAT. The prices do not include payment and shipping fees, which are given separately.
3.2 The Customer can pay for their purchase in the manner specified on the Website. Madstitch is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by Madstitch. Upon invoicing or partial payment, Madstitch or its partners may obtain a third party credit report. In such a case, you will be informed accordingly. Madstitch reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfilment of the order. Please note that limitations of available payment methods are set forth on the Website.
4. DELIVERY AND SHIPPING
4.1 Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after Madstitch has confirmed the order in writing through the order confirmation.
4.2 The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.
4.3 If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS.
5. RIGHT OF WITHDRAWAL
5.1 When purchasing products on the Website, the Customer has a 365-day withdrawal period. This means that the Customer has the right to cancel any purchase by notifying Madstitch accordingly within 365 days from when the Customer or their representative received the product ordered (withdrawal period). Unfortunately, we cannot offer the right of return or exchange on personalised prints that have been personalised and printed to order.
5.2 If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to Madstitch in the manner set forth here. The Customer shall provide their name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message.
5.3 If the Customer uses their right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when Madstitch was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging.
5.4 When the Customer withdraws their purchase, Madstitch will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by Madstitch are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. Madstitch is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
5.5 Madstitch will pay back the amount without undue delay, however, no later than within 14 days from the date Madstitch received the Customer notification of withdrawal. However, Madstitch may delay repayment until Madstitch has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.
6. COMPLAINTS
6.1 The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Madstitch, as soon as possible after discovering the defect using the contact information set forth on the Website. Complaints made within two months of the time the defect was discovered are always considered to have been made in a timely manner. You have a 3 year warranty on the goods purchased on the Website.
6.2 Madstitch will assume the cost for the return freight for any approved complaints.
6.3 Once a product, for which a complaint has been filed, is returned and the complaint approved, Madstitch will refund the Customer in compliance with applicable consumer protection legislation. Madstitch strives to do so within 14 days from receipt of the complaint by Madstitch, but it may be delayed depending on the nature of the product. Madstitch reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.
6.4 Madstitch offers a one (5) year warranty for all original work sold on our site.
7. FORCE MAJEURE
7.1 Madstitch is not liable for any delays caused by circumstances beyond Madstitch’s control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Madstitch shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Madstitch are entitled to terminate the purchase with immediate effect.
8. CHANGES TO THE GENERAL CONDITIONS
8.1 Madstitch reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after Madstitch has informed the Customer of the changes. However, Madstitch recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
9. SEVERABILITY
9.1 If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.