Terms of service
About us
MADAMVOYAGE is an online luxury and fashion destination where you can access a selection of curated, coveted and authentic items from local designers, independent brands, and global retailers.
MADAMVOYAGE connects you with these designers, brands and retailers through our online marketplace at www.madamvoyage.com (“the MADAMVOYAGE Platform”).
Our contact information
MADAMVOYAGE is a business name of MADAMVOYAGE Sociedad de Responsabilidad Limitada, a company incorporated and registered in the Kingdom of Spain with company number 242733 and registered offices at Calle S’hort De Sa Fruita, 1-Local 1, Edificio Fiesta, 07800, Eivissa, Illes Balears, Spain.
If you have any questions concerning the information presented within the terms and conditions (“T&Cs”), please contact us at support@madamvoyage.com. Our correspondence address is Calle S’hort De Sa Fruita, 1-Local 1, Edificio Fiesta, 07800, Elvissa, Iles Baleaers, Spain.
How to find what you’re looking for?
To make this page easier to navigate, we have organised the T&Cs according to the following indexed categories. Please click on the blue links below to go straight to more information on each area.
MADAMVOYAGE Platform terms of use: this section outline the terms according to which: (1) we license your use of the MADAMVOYAGE Platform; (2) both you and we upload and make available any content, product listings or services; and (3) we may revoke your license.
Buyer terms: this section details the basis on which you purchase goods listed on the MADAMVOYAGE Platform, how MADAMVOYAGE will use your personal information, your right to return or seek a refund for an order, and what to do if something goes wrong.
Other important terms: these terms describe how we may use your personal information, transfer our rights and obligations under these T&Cs to a third party and the governing law and jurisdiction to which any dispute under these Terms must be submitted.
Privacy and Cookies Policy: please note that our Privacy and Cookies Policy is provided on a separate page of the website, for ease of reference. Our Privacy and Cookies Policy explains the mechanisms and purposes according to which we collect, process and use any of your personal data when you access the MADAMVOYAGE Platform, including where you open any of our emails, or communicate with our staff or representatives with regard to an order or enquiry.
(1) Website Services Terms of Use
1. These T&Cs
1.1. These terms and conditions, together with our Privacy and Cookies Policy, (“the T&Cs”) set out the legally binding terms that apply to visitors to and users of the www.madamvoyage.com website ( “the MADAMVOYAGE Platform”). These Terms set out the basis on which we permit your access and use of the MADAMVOYAGE Platform.
1.2. Please read these T&Cs conditions and make sure you understand them before visiting the MADAMVOYAGE Platform, engaging with any of our communications (such as where we email you) or accessing any other services that we may offer from time to time. By visiting the MADAMVOYAGE Platform, you agree to be bound by these T&Cs. If you do not accept them, you must not download, visit or use the MADAMVOYAGE Platform.
1.3. These T&Cs may be updated or amended every so often. Please do remember to regularly check back as the latest set will apply. In the event of a significant change to these T&Cs, we will give you at least 30 days’ notice in writing prior to implementation.
2. Your Status
2.1. Individuals: in accepting these terms and conditions, you warrant that you are aged 18 or over, and that you are mentally fit and competent to enter a binding legal agreement.
2.2. Legal entities: if you are an agent or employee of any entity, such as a company or retailer that sells its clothing and fashion items on the MADAMVOYAGE Platform (“a MADAMVOYAGE Partner Retailer”), you represent and warrant that (i) the individual accepting this agreement is authorised to accept this agreement on such entity's behalf and to bind such entity, and (ii) such entity has full power, corporate or otherwise, to enter into this agreement and perform its obligations hereunder.
2.3. Children and young adults: The MADAMVOYAGE Platforms are not designed or intended to be used by individuals who are less than 18 years of age. If you are aged 15 or under, you must not place an order through this Website. We reserve the right according to our sole and final discretion to cancel and refund (subject to any cancellation and administration charges) any orders that we suspect of being placed by individuals aged 17 or under.
3. Accessing our services
3.1. Access to the MADAMVOYAGE Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend your access without notice. We will not be liable if for any reason, the. MADAMVOYAGE Platform or any of the services contained therein, are unavailable at any time or for any period.
3.2. You are also responsible for ensuring that all persons who access our MADAMVOYAGE Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
3.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.
3.4. It is your responsibility to ensure that all information (including your name and address) you upload to the MADAMVOYAGE Platforms, is correct and accurate.
4. Acceptable use policy
4.1. You agree that you will not in connection with the MADAMVOYAGE Platform or any of our services to:
(a) breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;
(b) publish or send any information (including links or references to other content), or otherwise behave in a manner, which, in the sole and non-contestable opinion of MADAMVOYAGE:
(i) unlawful, defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
(ii) infringes any intellectual property or other rights of others;
(iii) involves phishing or scamming or similar; or
(iv) we otherwise reasonably consider to be inappropriate;
(c) publish or send any information which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person's explicit written consent or you are the parent/guardian of such person;
(d) impersonate any person or entity for the purpose of misleading others;
(e) sell access to the MADAMVOYAGE Platform or any of our services;
(f) use our MADAMVOYAGE Platform to provide a similar service to third parties or otherwise with a view to competing with us;
(g) sell advertising, sponsorship or promotions on or in connection with content except where explicitly authorized by us;
(h) do anything which may have the effect of disrupting the MADAMVOYAGE Platform, or our users’ enjoyment of it, including introducing worms, viruses, software bombs or mass mailings;
(i) gain unauthorised access to any part of our Website or equipment used to provide our Website;
(j) use any automated means to interact with our systems excluding public search engines; or
(k) attempt, encourage or assist any of the above.
5. Content
5.1. Product Listings, Storefronts and other sections of the MADAMVOYAGE Platform may include information, images and materials uploaded by MADAMVOYAGE Partner Retailers or other users . This information and these materials have not been verified or approved by us. The views expressed by other users on our MADAMVOYAGE Platform do not represent our views or values. You agree that. any information sent on our the MADAMVOYAGE Platform is the sole responsibility of the person or company from whom such content originated and we are not responsible for it.
5.2. We try to offer reliable data, but cannot guarantee that any date or information that we make available on the MADAMVOYAGE Platform is accurate, complete, fairly presented or up to date. You rely on it at your own risk.
5.3. We reserve the right to withdraw, alter and permanently remove content on the MADAMVOYAGE Platform or to take such steps as we deem necessary to comply with our legal obligations, including where applicable, the disclosure of such content to relevant authorities.
5.4. Any content you upload to our MADAMVOYAGE Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our MADAMVOYAGE Platform a licence to use, store and copy that content and to distribute and make it available to third parties. In particular, MADAMVOYAGE may use your content, including any photographs you upload for marketing and promotional purposes. This includes (i) offering it to our MADAMVOYAGE Partner Retailers to use in their listings; (ii) using it on any promotional advertisements or posts we publish on www.madamvoyage.com or third party websites.
5.5. In technical terms, when providing us with content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of the copyright attaching to the content), irrevocable, royalty free (MADAMVOYAGE will not owe you any consideration, money or fees), sub-licensable (we may license others’ use of your content) including, without limitation, creating and using derivative works, such as where we display a promotional barrier on a section of a photograph you have provided to us.
5.6. If you wish to complain about content uploaded by any MADAMVOYAGE Partner Retailer or other user, please contact us on info@madamvoyage.com.
6. Privacy
6.1. Please print out and read a copy of our Privacy and Cookies Policy prior to using any of our services. It sets out the terms and conditions according to which we may process information we collect from you, including your personal data. The terms of our Privacy and Cookies Policy apply not only to the MADAMVOYAGE Platform, but also communications or interactions we may have with you, such as via email or telephone.
6.2. By using the MADAMVOYAGE Platform, or engaging with any of our communications, you consent to our collection and processing of your data according to the terms of the Privacy and Cookies Policy.
6.3. This Policy is subject to change from time to time, so we ask that you revisit it on regular intervals to ensure that you understand the latest terms that apply. We include a “Last Updated” date at the top of the Policy to allow you to quickly check whether any changes have been made since you last visited the MADAMVOYAGE Platform. The latest set of terms will apply from the moment they are updated on the MADAMVOYAGE Platform, regardless of whether you have knowledge of the update or not.
6.4. We draw your particular intention to the following functionalities of our services. Namely, the MADAMVOYAGE Platform allows you to tell us which types of fashion, clothing and/or luxury goods items, as well as to “opt in” to the delivery of personalised recommendations as to other clothing items or MADAMVOYAGE Partner Retailers that we believe you may be interested in. You may reverse your decision and opt out of receiving personalised recommendations at any time.
7. Your Account
7.1. Where you create an account on the MADAMVOYAGE Platform, this account is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
7.2. MADAMVOYAGE is entitled at any time for any reason and with or without notice to terminate your account on the MADAMVOYAGE Platform including deletion of all data contained therein.
8. Intellectual Property Rights
8.1. All trade marks, logos, content (including our the website structure and layout), graphics, images, photographs, animation, videos, text and software used on this MADAMVOYAGE Platform are our intellectual property or that of our suppliers, partners or other users. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
8.2. You must not collect, scrape, harvest, frame or deep-link to any information on the MADAMVOYAGE Platform without our specific written consent.
8.3. You license us to use your content both on our MADAMVOYAGE Platform and Services, and also for marketing purposes, on other channels including different Websites, social media and emails.
9. Third party Websites, advertising and services
9.1. We may link to third party websites which may be of interest to you and/or include third party advertising on our MADAMVOYAGE Platform and/or use third party-provided services on our MADAMVOYAGE Platform. We do not recommend or endorse, nor are we legally responsible for, those services. You access and use such third party services at your own risk.
10. Our responsibility for loss or damage suffered by you
10.1. Whether you are a private individual or a MADAMVOYAGE Partner Retailer, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
10.2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
10.3. If you are visiting the MADAMVOYAGE Platform as a private individual (i.e. you are not a business nor acting for business purposes), MADAMVOYAGE will not be liable for any loss or damage caused by MADAMVOYAGE, our employees, agents or contractors in circumstances where:
(a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
(b) such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
(c) such loss or damage is caused by you, for example by not complying with this agreement; or
(d) such loss or damage relates to a business.
10.4. If you are a consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our MADAMVOYAGE Platform and services (subject of course to our obligation to mitigate any losses).
10.5. If you are a business, including where you are a MADAMVOYAGE Partner Retailer, in no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
10.6. The exclusions in this clause 10 apply even if we have been advised of the possibility of such losses.
10.7. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Website and/or breach of this agreement.
10.8. the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
(2) Buyer Terms
1. Nature of our Services
1.1. MADAMVOYAGE provides an online luxury, designer goods and clothing marketplace (“the MADAMVOYAGE Platform”) that facilitates transactions between consumers (“Buyers”) and MADAMVOYAGE Partner Retailers (“Sellers”). The MADAMVOYAGE Platform allows consumers to browse through, and purchase from, a curated list of unique and authentic fashion pieces placed for sale by MADAMVOYAGE Partner Retailers.
1.2. Except for when Clause 3 of these Buyer Terms applies, when you purchase goods and/or services or services using the MADAMVOYAGE Platform, you are purchasing them directly from the third-party Sellers named in the relevant product listing.
1.3. The resulting legal contract to purchase the goods and associated delivery services will therefore be between you and the Seller. We are not a party to this contract. We act only as a commercial agent to the Seller, who authorises us to collect payment from you on their behalf. This means that you are not purchasing the goods and/or delivery services from us.
1.4. We are not liable for the content of listings provided by Sellers. While we may, at our own discretion, seek to check the essential details of a product listing drafted by a Seller before making it live, as well as the Seller’s ability to supply what is being advertised, we cannot warrant (i.e. legally promise) that we have done so.
1.5. We therefore do not guarantee the existence, quality, safety or legality, of items advertised; the truth or accuracy of Sellers’ content or listing; the ability of Sellers to sell items; or that a Seller will accept your order or deliver the requested items. Please note this is the case even where Clause 3 of these Buyer Terms applies.
2. How contracts are formed between you and Sellers
(a) Placing an order
2.2. To place an order on the MADAMVOYAGE Platform, you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are aged 18 or over, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient. Funds in the account to cover the costs of your order.
2.3. To place an order, please follow these steps:
(a) Create an account on the MADAMVOYAGE Platform;
(b) Use the search bar to input details of the clothing, designer goods or luxury items that you are interested in purchasing, or browse the MADAMVOYAGE Platform’s menu or featured product listings.
(c) Click on any product listing you are interested in, and take time to carefully review any product descriptions or details, conditions of sale or offer validity periods. Where you have used reviewed in full then you may proceed and click the relevant “Buy” button or its equivalent.
(d) At this point, you will be taken to a Checkout Page where you will be asked to review your order. If you are happy with your order, you may press “Continue to Payment” at which point you will be directed to the MADAMVOYAGE Payment Portal.
(e) The MADAMVOYAGE Payment Portal may be operated by a third-party payment provider. If this is the case, please review any terms and conditions listed by that third-party payment provider before proceeding to the next stage.
(f) At this stage, you will be asked to enter certain details needed to process your order, including, for example, credit or debit card details, your billing and delivery address, or any particular instructions.
(g) After reviewing your entries, you may proceed to the “Submit Payment” button. Please note that in pressing the “Submit Payment” button you are making separate commitments to purchase each of the items in your checkout basket. This means that, where the Seller is able to fulfill part of your order, but not all it, you will still be obliged to purchase, pay for and accept delivery of those parts of the order the Seller is able to supply. This is except for where you invoke your rights under Clause 2.4 of this Agreement.
(h) Upon pressing the “Submit Payment” button, or an equivalent button, our systems will try to identify any errors you have when inputting your details. If we identify any such problems, we will ask you to check and amend any errors before submitting your order. Regardless of this automatic check, please do take the time to read and check your order at each page of the order process.
(i) Upon successfully processing your payment, we will display a page acknowledging that your payment has been received and that your order has been placed. Please note that placing an order does not mean that the Seller has or will accept your offer. See below for further details.
(b) Accepting your order
2.4. After you place an order, you will receive an email from MADAMVOYAGE acknowledging receipt of your order. Please note that this does not mean that your order has been accepted by the Seller (i.e. the MADAMVOYAGE Partner Retailer). It means only that we have communicated details of your proposed order to the Seller.
2.5. Where the Seller accepts your order, whether in full or in part, MADAMVOYAGE (acting as the commercial agent of the Seller) will issue you a further email confirming that your order has been accepted (the “Acceptance Email”), and detailing the items that the Seller has agreed, and is able, to supply. It is upon your receipt of this email that a formal contract between you and the Seller comes into existence.
2.6. Where you placed an order for two or more items, and in the Acceptance Email, one or more of these is not listed among the items that the Seller has agreed to supply, this means that the Seller is unable to fulfil that part of the order. Where this occurs, you will still be obliged to purchase, pay for and accept delivery of those goods and/or services unless the provisions of Clause 2.7. apply
2.7. Where a Seller is unable, whether in whole or in part, to supply you with the goods and/or services or services requested in your order, such as where they have run out of stock, are no longer able to meet the requested delivery timetable, or because there has been an error in the price listed on the MADAMVOYAGE MADAMVOYAGE Platform, we (acting as the commercial agent of the Seller) will inform you of this by email and process a refund of the full amount for the items concerned as soon as reasonably practicable.
(c) Changing your mind
2.8. Notwithstanding the terms and conditions listed above, you can cancel your order for goods and/or services or services at no cost to you within 30 (thirty) minutes of placing the order, regardless of whether you have received an Acceptance Email or not. Thereafter, if you wish to cancel prior to delivery, you must send a cancellation request to the Seller according to the terms provided in Clause 5 below, andin any event not less than 14 days beginning the day after we receive your order. The cancellation is at the discretion of the Seller and we do not guarantee that your order will be cancelled.
(d) Sales promotions: coupons, discount codes & offer vouchers
2.9. From time to time a Seller may offer sales promotions on the MADAMVOYAGE Platform such as discount codes, coupons or offer vouchers. These sales promotions will each have their own terms and conditions, so please do check these and contact the Seller with any questions. These may include conditions such as that only one coupon, code or voucher is redeemable per household. Your ability to redeem the coupon, code or voucher will rely in part upon your compliance with these terms and conditions. That said, the below rules apply to all sales promotions offered on the MADAMVOYAGE Platform.
2.10. Where the coupon, code or voucher acts only to set-off part of the payment price (i.e. a 25% discount on the retail price), rather than eliminating it entirely (i.e. a 100% discount on the retail price), the contract for sale between you and the Seller will be formed in the manner described in Clause 2.3. to 2.5. of these T&Cs. This is because the item will not be provided for free, and you will still be asked to provide some form of monetary payment in exchange for the goods and/or services and/or services.
2.11. Where the coupon, code or voucher acts to eliminate the payment price entirely (i.e. you are being offered the product and/or service for free, minus any delivery or handling charges you are asked to pay), the contract for sale between you and the Seller will take place in an alternative matter to that described above.
2.12. Rather than providing monetary consideration in exchange for the goods (excluding any delivery and administration charges, which may still be applicable), you will be required to perform some form of action in order to place for the goods and/or services. This could be as simple as entering a discount code on checkout, or it could be more difficult, such as being among the first 500 people to use the code, voucher or coupon in question. Please note that by performing such an action, you will still only be placing an order for the goods, and this does not mean that the Seller will necessarily accept your order. The provisions of Articles 2.4. to 2.8. of these T&Cs will still apply.
3. How contracts are formed between you and MADAMVOYAGE
3.1. As described in Clause 2, when you purchase goods from the MADAMVOYAGE Platform, the contract for sale that is agreed is between you and the Seller. MADAMVOYAGE acts only as a commercial agent to the Seller so as to collect and remit your payment to it.
3.2. In order to comply with our obligations under Section 14(a)(1) and Section 14(a)(2) of the EC VAT Directive 2006/112/EC, as well as Section 5 of the UK VAT ACT 1994, there are a minority of transactions in which an exception is made to this rule, and the contract for sale will be concluded between you and MADAMVOYAGE.
3.3. Where you purchase goods to be delivered to an address in the European Union, and one or both of the following conditions applies:
(a) your order is of a value of €150 and/or less (excluding delivery and handling costs), and at the time of sale, the goods and/or services are not located within a European Union Member State but are to be dispatched as part of a single consignment from the a non-EU country (Section 14(a)(1) of the EU VAT Directive 2006/112/EC); or
(b) the Seller offering the goods is not based in the European Union. That said, at the time of sale, the goods were already located within the European Union ready to be delivered to you (Section 14(a)(1) of the EU VAT Directive 2006/112/EC).
the contract for sale will be concluded between you and MADAMVOYAGE.
3.4. Similarly, where you purchase goods and/or services for delivery to an address in England, Scotland or Wales, and one or both of the following conditions applies:
(a) your order is of a value of £135 and/or less (excluding delivery and handling costs), and at the time of sale, the goods and/or services are not located within England, Scotland or Wales but are to be dispatched as part of a single consignment from the EU, Northern Ireland or a third country to England, Scotland and Wales. (Section 5A of the UK Value Added Tax Act 1994); or
(b) the Seller offering the goods is not based in England, Scotland and Wales. That said, at the time of sale, the goods and/or services are already located within England, Scotland and Wales ready to be delivered to you (Section 5B of the UK Value Added Tax Act 1994).
the contract for sale will be concluded between you and MADAMVOYAGE.
3.5. Where either Clause 3.3 or 3.4 applies, MADAMVOYAGE will invoice you directly for the goods and/or services and any associated delivery services. This is because for the purposes of VAT collection, it is necessary that we are deemed in law to have first contracted with the Seller to purchase the goods from them, and then contracted with you to sell the goods onwards to you. In such cases, the underlying contract governing the supply of goods will still be between you and the Seller, and all your statutory rights will remain unaffected. Should you have any requests for repairs, returns or refunds, these will still be addressed to the Seller following the process described in Clause 5.
4. Product listings and prices
4.1. We ask that Sellers provide product descriptions and images that are accurate, complete, full and fair. However, as Sellers are responsible for providing these descriptions and images, we cannot guarantee that all details are always accurate, complete or error free.
4.2. If an item you have ordered is not as described, is flawed or of a lower quality, please contact the Seller to process the return. Once the item is received by the relevant Seller, you will receive a full refund of the defective product, or alternatively a replacement or repair for the item where possible.
4.3. The goods and/or services sold by Sellers are supplied for your domestic and private use only. You agree that you will not use the goods and/or services for any commercial, business or re-sale purposes.
4.4. The prices of goods and/or services and/or services listed on the MADAMVOYAGE Platform are quoted from time to time and may be subject to changes. Changes will not affect any order for which we have issued an email confirming your order.
4.5. The prices of goods and/or services and/or services include VAT and any other applicable sales taxes. They do not, however, include delivery charges. To check the delivery charges, please refer to the product listing for the relevant items that you are interested in. The delivery charges include VAT and any other sales tax applicable.
4.6. We ask that Sellers take reasonable care to ensure that the prices of goods and/or services and services are correct. However, it is always possible that some of the goods and/or services on the MADAMVOYAGE Platform may. Be incorrectly priced. If the pricing error is obvious and unmistakeable and could have reasonably been understood by you as a mispricing the Seller does not have to provide the goods and/or services to you at the incorrect price. In any event, whenever a pricing error is discovered, the Seller will be entitled to treat the order as cancelled and notify you in writing that this is the case.
5. Problems, returns and refunds
5.1. We cannot give any undertaking that the goods and/or services and/or services you purchase from Sellers on the MADAMVOYAGE Platform will be of satisfactory quality, match their description or be fit or suitable. for any purpose. This includes where we are the ‘Deemed Supplier’ of the goods for VAT reasons, according to the terms outlined in Clause 3 of these T&Cs. This does not affect your statutory rights against the Seller, including those provided under the Consumer Rights Act 2015.
5.2. Where you order goods and/or services through the MADAMVOYAGE Platform we may disclose your Buyer information related to that transaction to the relevant Seller, so that they can follow up on any feedback, inquiries, requests or complaints you have with regard to your order. Furthermore, we will provide you with a mechanism whereby you can contact the Seller directly via the MADAMVOYAGE MADAMVOYAGE Platform so as to communicate about your order.
5.3. Where you purchase clothing, designer goods or luxury items on the MADAMVOYAGE Platform, European Union and UK legislation says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund by contacting the Seller.
(b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases upon contacting the Seller.
(c) if your goods do not last a reasonable length of time you may be entitled to some money back upon contacting the Seller.
(d) If the Seller notifies you that it made an error in its product pricing or description, that there will be a delay in delivery due to events outside its control, or that that it has to suspend the supply of goods and/or services for technical reasons, you are entitled to cancel your order and receive a pro rata or full refund.
(e) Notwithstanding the above, you also have a legal right to change your mind within 14 days of your purchase and receive a full refund.
5.4. Except for where Clause 5.4(e) applies, (i.e. you exercise your right to change your mind), the Seller will pay the costs of the return of any goods that have been dispatched.
6. Cancellations, returns and refunds
6.1. Cancellation requests submitted within 30 (thirty) minutes of placing the order will be processed automatically by MADAMVOYAGE on behalf of the Seller and you will receive an automatic refund of the price you paid for the Goods and/or services and any applicable delivery charges you paid.
6.2. You also have a legal right to cancel your order at at any time within the 14 day period beginning the day after we send you an email confirming that the Seller has accepted your order. This means that if during this 14 day period, you change your mind or for any other reason you decide you do not to keep a product, you can cancel the contract and receive a refund. Please see Clause 6.10 with regard to how these rights apply to services.
6.3. The right to cancellation outlined in Clause 5.9 does not apply in the case of:
(a) items made to your specification, clearly personalised, custom-made or commissioned in any way;
(b) any clothing items that contain perishable items;
(c) items which by their nature cannot be returned (such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied).
6.4. Furthermore, you do not have a right to change your mind and request a cancellation, return or refund in respect of:
(a) Goods and/or services sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(b) Any goods and/or services which become mixed unseperably with other items after their delivery.
(f) Deductions from refunds if you are exercising your right to change your mind
6.5. The Seller may reduce the refunded amount. (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a retail shop. If the Seller agrees to refund you the price paid before they are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay them an appropriate amount upon receipt of a request.
6.6. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method the Seller offered. For example, if the Seller offered delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then the Seller will only refund what you would have paid for the cheaper delivery option.
(g) How to request a cancellation, return or refund
6.7. To cancel a contract, or request a return or refund, please log in to your Buyer account on the MADAMVOYAGE Platform, find the order from the list of your recent orders, locate the specific item and select the cancel option to begin the process. We may ask you to provide a description of the reason for your request, so that we may share this information with the Seller. Your request is effective from the date you submit it through the MADAMVOYAGE Platform.
6.8. Where the Seller accepts your request to return an item, you must return the items to the Seller at their nominated address as soon as reasonably practicable.
(h) How you will receive your refund
6.9. Where you have exercised your legal right to cancel, or the Seller has accepted to refund part or all of the purchase price, MADAMVOYAGE (acting on behalf of the Seller) will process and pay you the relevant amount including any applicable delivery charges you made. The refunded amount will be credited to the payment card that you used when making the purchase.
6.10. Any refund MADAMVOYAGE provides on behalf of the Seller will be processed within 14 calendar days of the day on which the Seller notifies us that it accepts your cancellation.
7. Disclaimer of warranties and limitation of liability
7.1. To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of our Services, including but not limited to our MADAMVOYAGE Platform, and any communications or other interactions we may have with you.
7.2. The MADAMVOYAGE Platform, are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
7.3. You download and use the MADAMVOYAGE Android and/or iOS Apps at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.
7.4. Nothing in these Buyer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
8. Seller’s rights
8.1. The Seller may end the contract if you break it. They may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to the Seller (or MADAMVOYAGE acting as its commercial agent) when it is due and you still do not make payment within 14 days of the Seller or MADAMVOYAGE reminding you that payment is due;
(b) you do not, within a reasonable time of the Seller asking it, provide the Seller with information that is necessary for the Seller to provide the goods and/or services, for example.
(c) you do not, within a reasonable time, allow the Seller to deliver the goods and/or services to you or collect them from the Seller; or
(d) you do not, within a reasonable time, allow the Seller access to your premises to supply the services.
8.2. You must compensate the Seller if you break the contract. If the Seller ends the contract in the situations set out in Clause 7.1., the Seller will refund any money you have paid in advance for the goods and/or services and/or services it has not provided but it may deduct or charge you reasonable compensation for the net costs it incurs as a result of your breaking the contract.
9. MADAMVOYAGE’s Rights
9.1. In addition to the Seller’s rights listed above, MADAMVOYAGE may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
10. Delivery, Import Regulations and Tax
10.1. The Seller, not MADAMVOYAGE, will organise and fulfil the delivery of your items to your nominated address. The Seller will provide you with an estimated delivery date, either on the product listing on the MADAMVOYAGE Platform, or when they confirm acceptance of your order by way of email.
10.2. The Seller will endeavour to deliver your items by this estimated delivery date, although please note that where there is an event outside of Seller’s control, such as extreme weather event, fire, gas leak, labour strike or medical health emergency, the Seller will be entitled to delay delivery beyond the date range originally notified to you and provide you with a revised estimated delivery date.
10.3. Delivery will be completed when the Seller delivers the Goods and/or services to the address you gave it. The goods and/or services will be your responsibility from the completion of delivery. This means that any damage to, reduction in the value of, or legal liability arising from, the goods will be borne at your sole risk, except where any such and damages, losses or liabilities are attributable to the fault of the Seller or third parties.
10.4. If you order goods that are located outside of the United Kingdom of Great Britain and Northern Ireland at the time of sale, your order may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. Please check the Seller’s relevant product listing for any information regarding customs duties and tax.
10.5. Where the Seller provides no information as to whether you or it will be liable to pay Customs duties and/or import taxes, you will be by default responsible for payment of any such import duties and taxes. Please note that MADAMVOYAGE has no control over these fees and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11. Payment methods
11.1. Purchases for goods and/or services supplied by Sellers may only be paid for using the MADAMVOYAGE Payment Portal as made available on the MADAMVOYAGE Platform. The MADAMVOYAGE Payment Portal accepts payment methods including credit and debit cards, as well as discount codes, coupons and sales/gift vouchers. Except where clause 3 of this Agreement applies, in accepting or otherwise processing your payments related to the purchase of items from Sellers, we act in the capacity as commercial agent of the Seller.
11.2. Valid payment by you to us and/or the successful redemption of a discount code, coupon or voucher for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time.
11.3. You acknowledge that these Buyer Terms any transaction made by you via MADAMVOYAGE Platform do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.
11.4. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. All prices shown on the MADAMVOYAGE Platform are inclusive of VAT or other sales taxes due in the United Kingdom.
(3) Other Important Terms
1.1. This section outlines other important terms that apply to visitors to and users of the www.madamvoyage.com website ( “the MADAMVOYAGE Platform:).”.
1.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms, inclusive of the Website Terms of Use, the Buyer Terms and the Privacy and Cookies Policy, to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end any contract we have with you (where applicable) within 30 days of us telling you about it.
1.3. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may reject your request according to our sole, non-contestable and final discretion and determination.
1.4. Nobody else has any rights under these Terms (except someone you pass your guarantee on to). These terms and conditions are agreed between you and us. No other person shall have any rights to enforce any of its terms.
1.5. If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
1.6. Even if we delay in enforcing our rights under these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
1.7. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
1.8. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the London Chamber of International Arbitration.
Questions about the Terms of Service should be sent to us at support@madamvoyage.com.