Terms and conditions
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
Welcome to the website of Higgovale Pty Limited trading as Max Mara ABN 23 061 884 759 ("Company", “Max Mara”, “our”, "we" or "us"). The following terms and conditions (together with any documents referred to herein) ("Terms and Conditions") apply to your use of our website, https://au.maxmara.com/, including any related web pages, content, functionality and services offered thereon (the "Site"). You are only authorised to access or use the Site if you accept and agree to these Terms and Conditions. Your continued use of the Site is acceptance of, and agreement to be bound by, these Terms and Conditions and any modifications.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE.
2. PRIVACY POLICY
You agree that any personal information collected from you when you use the Site shall be governed by our Privacy Policy, as the same may be amended from time to time, which is hereby incorporated by reference into these Terms and Conditions.
3. INTENDED USERS
This Site is only intended for users who are located in Australia. Max Mara makes no representation that the Site or any materials or Content (defined below) available thereon, are appropriate or available for use in locations other than Australia. Those who choose to access this Site from locations outside of Australia do so at their own risk and are responsible for compliance with applicable foreign laws.
You are reminded that various local jurisdictions impose limitations on the sale and delivery of goods containing animal fur. Max Mara makes no representation to the legal rights of anyone to ship or import fur products into any jurisdiction. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SHIPMENT OF FUR PRODUCTS INTO YOUR LOCAL JURISDICTION IS PERMITTED AND HEREBY INDEMNIFY AND HOLD HARMLESS MAX MARA AGAINST ANY AND ALL CLAIMS, DAMAGES, PENALTIES AND LOSSES RESULTING FROM THE SHIPMENT OF FUR PRODUCTS. Max Mara reserves the right to cancel any order if a product does not meet the requirements for importation into any jurisdiction.
4. MODIFICATIONS TO TERMS AND CONDITIONS
We may make material changes to these Terms and Conditions without prior notice to you by posting revised Terms and Conditions on this page of the Site and updating the “Last Modified” date below. Purchases are subject to the Terms and Conditions current as at the date of the purchase. It is your responsibility to review these Terms and Conditions from time to time to take notice of any changes we made. You accept and agree to the Terms and Conditions by any of the following: interacting with a “click accept” in a relevant notification email; interacting with an account page statement; by completing a purchase on the Site after these Terms and Conditions have been revised with a notice at checkout that your completion of a purchase will constitute your acceptance of the revised Terms and Conditions; or, otherwise, by your continued use of the Site following the posting of revised Terms and Conditions.
5. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
The entire contents of the Site, including without limitation, all content, information, software, code, data, text, displays, images, video and audio, “look and feel”, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Site as a collective work and/or compilation (collectively the "Content") is protected by Australian and international laws regarding copyright, trade marks, trade dress, unfair competition and other intellectual property or proprietary rights, and is owned or licensed to Max Mara. You must abide by all copyright and trademark notices, attribution requirements, or restrictions contained in any Content accessed through the Site. Failure to do so may lead to legal liability being imposed on you. No right relating to any intellectual property of Max Mara or any other party is transferred to you or any other person as a result of your use of this Site.
6. SITE ACCESS AND LIMITED LICENSE
Max Mara grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and its Contents for your personal, non-commercial purposes only. You may download a single copy of any Content for permitted uses under this limited license, provided that you maintain all copyright, trademark, service mark notices and other attributions contained in such Content (including without limitation, the copyrights, trademarks and service marks of Max Mara, its affiliates or any third parties that are identified).
Except as otherwise provided herein, you may not copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Site or any portion thereof without the express prior written consent of Max Mara. In addition, you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Site or any Content.
We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice if we have reason to believe you have violated, or have attempted to violate, these Terms and Conditions.
7. REGISTRATION
Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If, notwithstanding the foregoing obligation, you allow another person to use your account, you will be responsible for making such person aware of these Terms and Conditions and for any violation of these Terms and Conditions by such party.
8. COOKIES
For information on Max Mara’s use of cookies, please refer to our Privacy Policy.
9. CHANGES TO SITE
We may change, suspend, discontinue and/or restrict the use of all or any portion of the Site (including the availability of any products, data or other information contained on the Site), at any time for any reason and without notice or liability. We reserve the right, with or without notice to you, to change any of the products or services offered on the Site or any other aspect of the Site including, but not limited to, hours of operation, site maps, menu structures, access procedures, software commands, documentation, and/or service providers.
10. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to:
Use the Site in any way that infringes any other party’s intellectual property rights or contravenes any applicable law or regulations.
Use the Site in any way that is obscene, offensive, fraudulent, defamatory, misleading or deceptive.
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s use of the Site, including their ability to engage in real time activities through the Site, or otherwise use any device, software or routine that interferes with the proper working of the Site.
Use any robot, spider or other automatic device, process or means to access the Site or to obtain user or other information from the Site (including, without limitation, any information residing on any server or database connected to the Site).
Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent.
Introduce any viruses, trojan horses, worms, code, bugs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site (including, without limitation, attacking the Site via a denial-of-service attack or a distributed denial-of-service attack).
Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.
11. LINKS
The Site may link to other Internet websites and resources, including to the websites operated by social media platforms, affiliates, service providers, and third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Max Mara of such other website(s), and is for your reference and convenience only. Max Mara has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection with such other websites or their contents (including the accuracy thereof). You should direct any concerns regarding any link or other website to the site administrator or webmaster of such other website. Linking to any other website is at your own risk and subject to the terms and conditions of use of such third party website(s), which you should review carefully before engaging in any transactions on such website(s). You may not link a third party website(s) to this Site without the express written permission of the Company.
12. PRODUCT INFORMATION AND PRICES
We have made reasonable efforts to display as accurately as possible the pricing and availability, colours, description of products, or other Content that appears on this Site. Unfortunately, it is not possible to ensure that the Site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colours, description of products, or other Content on this Site. Max Mara reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice to you. Products displayed on the Site are available while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in Max Mara stores. In-store pricing may sometimes differ from online prices and prices may change without notice. The prices displayed on the Site are quoted in Australian Dollars and are valid and effective only in the Australia. Unless otherwise indicated, prices stated on the Site include GST. If GST is payable for the sale of a product, you must pay the GST subject to Max Mara providing a tax invoice. Terms used in this clause that are defined in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.
13. TERMS OF SALE
All purchases through our Site are governed by these Terms and Conditions.
Title in products purchased through our Site is retained by Max Mara until payment in full for those products and delivery of those products to you. Risk in products passes to you on delivery.
14. TERMS OF PAYMENT
Payment must be made by using one of the following methods:
- Visa;
- Master Card;
- American Express;
- Diners Club;
- eftpos;
- PayPal; or
- Klarna (subject to Klarna’s terms and conditions).
The total amount of the order is charged to your credit card or PayPal account at the time the order is shipped. To pay by credit card or PayPal you must enter the account holder details, credit card number and security code information required at the check out portion of the Site. 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, then follow the procedures indicated on the page. The order procedure shall be considered effectively concluded on completion of the payment transaction. You will be automatically redirected to the page of the Site displaying the confirmation of acceptance of the order.
In the event that it is impossible to carry out the charge as a result of your making a mistake in entering the data or due to other technical causes, you shall not be able to complete the "order confirmation" procedure. If you decide to leave the payment page you will be redirected to a page of the Site which displays a message stating that it is impossible to confirm the order.
15. DELIVERY
Products shall be delivered to the address in the Australia you have provided in your order after the completion of the order and payment process. You cannot request the delivery of products to a post office box, postal service and/or similar addresses.
If you require that your purchased products be shipped, you authorise us to engage a common carrier to deliver the products on your behalf.
In the event that an order is not delivered within 10 business days following the date you are notified of shipment and it has proven impossible to track the location of the relevant order using the on-line system that will be made available to you, you must notify us of the non-delivery of the order using the “Contact us" page in the Customer Care section of the Web Site. In such case, we will provide a new shipment of the relevant order following your notification, unless any products contained in the order are no longer available or we cannot make delivery due to a force majeure event, in which case, the order will be cancelled and the amount paid will be refunded.
Please be advised that the products in your order may be sourced from multiple warehouses, resulting in varying lead times for each product. Upon confirmation of your payment, you will receive an email titled "Shipping Notice."
In the case that no one with authority is present when delivery is attempted, the courier will leave a note with their contact details. Contact the courier to find out if a further attempt at delivery will be made or if the order will be deposited at a collection point.
If you do not contact the courier or do not collect the order from the collection point, the package will be sent back to our warehouse and you will be refunded.
16. SHIPPING COSTS
We will charge shipping costs for up to $550 AUD. Shipping is complimentary for orders exceeding $550 AUD (excluding shipping costs). Max Mara reserves the right to deduct from a refund payable under clause 17 its reasonable shipping costs in despatching an order with free shipping, except for refunds payable under the Australian Consumer Law.
17. RETURNS
Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Your rights to refund or replacement in this clause are in addition to any rights you have under the Australian Consumer Law. Nothing in these Terms and Conditions limits any of your rights under the Australian Consumer Law.
A product purchased from the Site, can be returned , provided that the product is perfectly intact and in the same condition as you received it (see paragraph 17.2 below), and the related return period has not ended (see paragraph 17.3). After you have completed the procedure set forth below, you will receive an email confirming the acceptance of the return, containing the Tracking Number for the prepaid Australia Post pick up request and the link to the page of the Australia Post website where you can track your shipment. From the time you receive the confirmation email, you have 14 days to request the return and drop-off at one of Australia Post’s collection points. You should always save the original packaging, which is essential for the subsequent acceptance of the return by Max Mara's quality control department. Note that we can only refund Products that are returned in conditions that comply with the rules regarding intact products (see paragraph 17.2 below). Our staff will thus carry out the necessary quality checks on the products returned, during the working days following the date the returned products were delivered to our offices. Following these checks, you will receive an email confirming the outcome. The crediting of the amount due for all products received in the proper condition will then be made. If one or more products do not pass the examination for intact condition, you will be immediately notified of this, and the equivalent amount will not be refunded. Max Mara will hold the products deemed not to be in proper condition for a refund and you can order the delivery of these products at your expense. For any doubts, contact our Customer Care, or Customer Service on the Site.
If you decide to return multiple products received as part of same order at different times, you must start a separate return procedure for each product, and each return will be treated as separate for the purpose of this clause.
Without limiting anything else in this clause, if you received free shipping for an order which you later return under this clause, Max Mara reserves the right to deduct from your refund an amount to cover its reasonable shipping costs in originally despatching the order. This does not apply in cases where you are entitled to a refund under the Australian Consumer Law.
Products which are delivered to us without a means of identifying the sender, or for which proof of purchase is not provided, will be held by us for no more than 60 days, after which we have the right to dispose of such products.
17.1 Returns using couriers other than Australia Post
You can return products using a courier other than Australia Post. However, in that case, the shipping costs for the refund will be charged to you. Once you have checked that the products you intend to return are in the same condition as they were received in (see paragraph 17.2 below), contact Customer Care using the link “Contact Us” in the Customer Care section of the Site to request authorization of the return. You must have the details of the order confirmation ready, as the Customer Care operator will request them. If your request falls within the return period for the products, you will receive an email authorizing the return. The body of the email will include all the details. From that moment, you will have 14 days to deliver the goods you are returning to the courier. We recommend keeping the original packaging because it will be useful in preparing the package containing the products that have been authorised for return. We also suggest that you use a shipping method that provides tracking. Note that if you use a shipping service of your choice other than Australia Post, you will bear the shipping costs and liability for the delivery. If you wish to use the free return service, follow the Australia Post return procedure outlined above. We will only issue a refund for products that are returned in conditions that comply with the rules regarding intact products. The necessary quality checks will be carried out on the products returned within the return period, after which you will receive an email confirming the outcome, including the period in which a refund will be paid, if applicable. If one or more products do not pass the checks, you will be immediately notified of this, and the equivalent amount will not be refunded. Max Mara will hold the products deemed not to be in correct conditions for no more than 60 days and you, the Customer, can order the delivery of these products at your expense. For any doubts, please contact Customer Care.
17.2 Intact product requirements for return
In order to be eligible for a refund under this clause, the product returned must be in the same condition in which you received it. The checks you must carry out to ensure that the product is in an intact condition in order to permit its return are listed below. You must make sure that:
- the product has not been used or damaged when trying it on;
- the product has not been soiled or washed;
- all of the original hang tags, labels and finishings are still attached to the product;
- the product has not been changed in any way.
In particular, we specify that all types of products which you receive in their original boxes (for example, shoes or small accessories) must be returned in their original packaging, which is considered an integral part of the product.
17.3 Return period
To return an product purchased on the Site, (a) a return request must be made no later than 14 calendar days from the day the product was received, and (b) the product must be delivered to Australia Post or your chosen courier (as applicable) in the 14 days following the date the return request was made and (c) the procedure for returning the product must comply with the rules set forth in this policy. If you wish to deliver the products you intend to return to us yourself, you must immediately notify the Customer Care (via the link “Contact us”, in the Customer Care section of the Site). In that case, the products must be delivered to the address indicated therein no later than 14 calendar days from the return request.
17.4 Refund
When a product is returned, our staff must first verify that it has not been used or damaged (in this regard, please read the intact product requirements for return under paragraph 17.2). Provided that the product qualifies for a refund, you shall then receive an email confirming that your return has been accepted, indicating the period in which the relevant amount will be credited using the payment method selected on ordering. If the amount refunded is incorrect, please contact Customer Care for a quick resolution of the problem.
17.5 Products not ordered, damaged or non-compliant with the order
Please note that the packaging used for products is subject to strict quality controls in order to guarantee that they are in perfect condition when sold. In addition, each individual product purchased on the Site is checked prior to shipment. The Site employs photography methods of the highest standards, so that the colours of the products shown match the actual appearance of the products as much as possible. However, we cannot always guarantee that what appears on your monitor perfectly matches the actual appearance. If the colour of the product received does not match your expectations at the time of ordering, you may return the product in accordance with clause the procedure specified in this clause 17. If you have received a damaged product or a product that you did not order, we sincerely apologize and suggest that you request the immediate return of the product using the “Return” button next to the photo of the product in the “My Orders” section of your My Max Mara personal area, specifying the reason for your request. We shall bear all the shipping costs for the return. If there is evidence that the product was damaged during shipment, please contact our Customer Care no later than 48 hours following delivery, using the “Contact us” link in the Customer Care section of the Site. we shall provide a refund for any product sold which was damaged during shipment by its shipping agent, provided that:
- you notify us in writing of the damage, using the "Contact us" page in the "Customer Care" section of the Site no later than 48 (forty-eight) hours following the date of delivery;
- you provide us with the product in question, along with its original packaging; and
- the numbered quality control sticker on the product is intact and has not been removed, and is as it was placed on the product during the quality control prior to shipment.
If one or more of the above conditions is not complied with, we will not credit the amount paid, nor will we replace the product in question which, in that case, will be immediately made available to you, to be picked up at your expense. In that case, we will notify you via email of its rejection of the return, indicating the place where the product can be picked up.
18. INDEMNIFICATION
To the extent permitted by law, you shall indemnify and hold harmless Max Mara, its affiliates and related bodies corporate, and their respective officers, directors, managers, employees, agents, service providers and licensors (collectively the "Indemnified Parties") from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by the Indemnified Parties in connection with any claim, matter, dispute, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Site or breach of these Terms and Conditions by you or any user of your account.
19. DISCLAIMER OF WARRANTIES
The Site, including all content, software, functions, materials and information is made available on or accessed through the Site, is provided on an "as is", "as available" basis. To the extent permitted by law, neither Max Mara, nor its affiliates, or their respective officers, directors, managers, employees, agents, service providers, and licensors (collectively, “associated persons”) makes any warranty or representation of any kind, express or implied, with respect to the completeness, security, reliability, quality, accuracy or availability of the Site or any service available by using the Site (including, without limitation, that the Site or such services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Site or the server(s) that make it available are free of viruses or other harmful components, and that the Site or the services available by using the Site will otherwise meet your needs or expectations).
To the extent permitted by law, and except as otherwise expressly provided herein, Max Mara and its associated persons disclaim all representations, warranties, conditions, indemnities and guarantees as to the Site or any service available by using the Site, whether express or implied, statutory, oral or written (including, without limitation, any and all implied warranties of merchantability, fitness for particular purpose, compatibility, security, or non-infringement). Your sole remedy for dissatisfaction with the Site or the services available by using the Site is to stop using the Site.
Nothing in these Terms and Conditions limits any of your rights under the Australian Consumer Law.
20. LIMITATION OF LIABILITY
To the extent permitted by law, in no event shall Max Mara or its associated persons be liable for any indirect, special, incidental, consequential or punitive damages arising out of or in connection with these Terms and Conditions, your use, or inability to use, the Site or any Content thereon, or any products or services available by using the Site, even if Max Mara or its associated persons have been advised of the possibility of such damages.
To the extent permitted by law, the total liability of Max Mara and its associated persons to you for any direct damages under any legal or equitable theory arising out of or in connection with these Terms and Conditions, your use, or inability to use, the Site or any services available by using the Site shall not exceed the total amount paid to the company by you for the applicable product or service purchased through the Site in the last six months out of which liability arose.
Nothing in these Terms and Conditions limits any of your rights under the Australian Consumer Law.
21. CHOICE OF LAW; JURISDICTION
These Terms and Conditions are governed by and must be construed in accordance with New South Wales law. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and all courts that have jurisdiction to hear appeals from those courts and waive any right to object to proceedings being brought in those courts for any reason.
22. SEVERABILITY; WAIVER
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver or failure to exercise or enforce any right or provision of these Terms and Conditions shall be deemed a further or continuing waiver of such right or provision or any other right or provision.
23. ENTIRE AGREEMENT
These Terms and Conditions (including our Privacy Policy, and any other documents or policies appearing on the Site) constitute the entire agreement between you and Max Mara with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The section headings used herein are for convenience only and shall not be given any legal import.
24. CONTACT US
If you have any questions about these Terms and Conditions, please contact us in one of the following ways:
E-mail us at: customerservice@maxmara.it
Mail us at: 404, Level 4 / 80 William St – Woolloomooloo – 2011 – NSW- Sydney
25. LAST MODIFIED
Our Terms and Conditions were last modified on October 23, 2024.
