TERMS OF SALES

 

Welcome to the  www.johnmalkovich.com website (the "Website").

This document and additional information mentioned on the site are the terms of sales of “John Malkovich” brand’s website (hereinafter the "Brand"). We invite you to carefully read the Terms and the Privacy Policy.

The validation of the order form such as specified in these Terms constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the entire order and payment of amounts due under the said order.

These terms of sale (hereinafter "Terms and Conditions") apply to all sales made by the company M.D.A. It is a simplified joint-stock company under French law, whose registered office is located 4, rue d’Uzès in Paris 75002, registered at the corporate registry under RCS PARIS 749 896 130 number (hereinafter the "Seller") with customers (hereinafter the "Buyer"), ready-to-wear under the Brand "John Malkovich" in the website of the Seller (hereinafter the "products"). They cancel or replace all previous terms of sales. The Terms of Sales shall prevail over any other contractual document, including all terms and conditions of the Buyer. Placing an order implies full and unconditional acceptance of the Buyer to the Terms of Sales. Any other condition required by the Buyer shall be enforceable against the latter, in absence of express acceptance and written by the Seller.

The Seller may at any time modify the content of the Terms of Sales. It is the Buyer’s responsibility to check them regularly so that the latter is informed of any changes. The conditions relevant to the Buyer are those in effect on the Website at the ordering date.

For information or questions about how to use the Website or to track an order the Buyer may contact customer service (hereinafter the "Customer Service"):

- By email using the email address of the customer assistance (customerassistance@johnmalkovich.com)

In case of litigation, French legal jurisdiction applies.

 

Orders
The Buyer declares (i) to be at least 18 years old and to have the legal capacity to commit to these Terms or (ii) to be a minor who has the authorization of his legal representative. The Seller reserves the right to request at any time a credential attesting to age and / or authorization of the aforementioned legal representative.

The Seller reserves the right not to respond to an order and / or exclude from our database customers / prospects, a Buyer who would not have responded to the request above or would not comply with the principles laid down in this clause.

The Products are intended for the Buyer’s personal use, without any direct connection with the professional activity of the latter.

 

Payment
Amount to be paid by the Customer is mentioned on the confirmation page on the Website, on the confirmation email sent by the Brand to the Customer.

Customer may pay order using different payment methods. The Website uses a dedicated secured payment platform to enter payment data.

Payment of orders placed on johnmalkovich.com can be done by using (i) either one of the following credit or debit cards: Visa, MasterCard, American Express, or (ii) PayPal, (iii) or Applepay account.

Order is deemed completed once payment is reviewed and approved.

Merchant reserves the right to refuse orders if (i) Merchant suspects Customer intends to resell Products, (ii) there is an on-going dispute with the Customer, (iii) partial payment of a former order is due to Merchant, (iv) transaction by credit or debit card was declined, (v) payment wasn’t made in full (vi) Customer’s use of the Website is abusive or fraudulent and/or is not in compliance with the Terms and Conditions.

 

Delivery and reception
The delivery dates specified on the order are given for information depending on the availability of products. Any delay in delivery due to force majeure cannot justify the cancellation of the order by the Buyer, nor warrant damages, deductions and / or penalties.

a) Methods of delivery
Once the order is prepared, it will be sent to the mailing address provided by the Buyer at the time of his order. The Products will be delivered according to the following shipping method. The website delivers to all the countries of the EU and to the continental United States.

The website offers one type of delivery for the United States from France:

- UPS Express Saver for a so-called EXPRESS delivery, delivered in 2 to 7 business days from dispatch *, Monday to Friday.

The website offers 2 types of delivery for the European Union from France:

- UPS Standard and CHRONOPOST EUROPE, delivered in 2 to 7 business days from dispatch *, Monday to Friday.

The website offers one type of delivery for France:

- CHRONOPOST France, delivered in 2 to 7 business days from dispatch *, Monday to Friday.

* Average time recorded.

 

SPECIFICATIONS OF DELIVERY IN THE UNITED STATES
In case of absence during a UPS EXPRESS SAVER delivery to the address specified by the customer, if no delivery notice is filed, it will be up to the customer to contact the carrier to arrange a new date delivery.

The buyer will be charged a $30 flat rate on his order which will be added to the total price of the purchased products.

All taxes, fees, and import duties are included.

 

SPECIFICATIONS OF DELIVERY IN THE EUROPEAN UNION
In case of absence during a UPS STANDARD or CHRONOPOST EUROPE delivery to the address specified by the customer, if no delivery notice is filed, it will be up to the customer to contact the carrier to arrange a new date delivery.

The buyer will be charged a $15 flat rate on his order which will be added to the total price of the purchased products.

All prices are VAT included. 

SPECIFICATIONS OF DELIVERY IN FRANCE
In case of absence during a CHRONOPOST France delivery to the address specified by the customer, if no delivery notice is filed, it will be up to the customer to contact the carrier to arrange a new date delivery.

The buyer will be charged a $10 flat rate on his order which will be added to the total price of the purchased products.

All prices are VAT included. 

b. Delays
Any order placed on the site www.johnmalkovich.com will be prepared and shipped the next business day (excluding holidays), subject to confirmation of payment in accordance with the provisions of the Payment section of these Terms.

As of order processing, the corresponding products will be shipped and delivered by UPS EXPRESS SAVER for the US, and UPS STANDARD or CHRONOPOST EUROPE for the EU and CHRONOPOST France for FRANCE.

For orders placed on Friday after 12h (Eastern Time) until Sunday night, the orders will be shipped on Tuesday. The delay of delivery measured at the time of confirmation of the order are for convenience only and shall run from the date of shipment.

In case of input error, including delivery address resulting in a delay or impossibility of delivery, the Seller cannot be held responsible. All costs associated with returning the products due to the Buyer's mistake, will be the responsibility of the latter.

The possible delays do not entitle the buyer to claim damages. In any event, the order will be executed within a maximum of thirty (30) days following the date of delivery specified by the Seller and that the Buyer has confirmed by placing his order, subject to full payment and compliance with the conditions of purchase defined above in the Payment and Orders sections of these Terms. Lack of delivery to the expiry of that period, the Buyer will have the opportunity to cancel the order in accordance with Article Late Delivery.

c. Late delivery
If the maximum delivery period of thirty (30) days is exceeded, the Buyer may exercise the right of denunciation of the order to the Customer Service.

As of the exercise of the right of denunciation, the Seller makes a refund of all money paid by the Buyer (shipping included) on the bank account in the order in the shortest possible time and in a maximum period of fourteen (14) days from the denunciation, and, to the exclusion of any other compensation. In case of partial delivery, the delivery may be made in installments, and this right will concern only the undelivered balance of the order.

Any delay in delivery must be reported as soon as possible by the Buyer by e-mail to the Customer Service. The Seller proposes the Buyer to reship the goods of the order and notify the buyer of the new delivery. If on the expiry of the new deadline the Buyer has not received the products of the order, the Buyer may require the Seller to proceed with the cancellation and refund of the order.

 

d. Reception
Each delivery is said done as soon as the Products have reached the Buyer by the carrier. The Buyer can track the delivery of the parcel with a tracking number by consulting the website of the carrier.

It is up to the Buyer to check immediately upon receipt of the Product (s) compliance and integrity of the Product (s) shipped. The Buyer agrees to send a letter of complaint to the Seller to notify damage or failure within three (3) days of the date of delivery of the Products.

Any anomaly/reserve identified at the time of delivery (including delivery delay, missing or damaged product) must be notified of complete and accurate by the Buyer on the receipt issued by the carrier at the time of provision of products and / or confirmed by registered letter to the carrier within three (3) days of receipt of the order.

All reservations of this type must be notified in parallel and without delay to the Seller's Customer Service (preferably with pictures). A copy of the complaint sent to the carrier must be attached.

 

Recovery and returns

All returns from the USA must be shipped to the address in the USA mentioned on the return form that you will have to ask to: customerassistance@johnmalkovich.com.

All returns from the EU must be shipped to the address in FRANCE mentioned on the return form that you will have to request: customerassistance@johnmalkovich.com.

The Buyer reserves the right to return the Products ordered for non-compliance of the order or in connection with the exercise of his right of withdrawal under the conditions defined in the Right of withdrawal section of these Terms.

If the delivered products do not comply with the Products ordered by the Buyer, the latter must send an email to Seller's Customer Service. A product is considered non-compliant if the product delivered is different from what was ordered. The Customer Service will acknowledge receipt of the request of the Buyer and confirm the procedure to follow.

The product (s) must absolutely be returned complete - accompanied of all accessories - in its original packaging intact, provided with the original barcode label still attached.

In addition, the Buyer’s parcel return:

(i) Must be accompanied by the delivery note that went with the parcel.

(ii) Shall include the return form duly completed by the Buyer (you can ask the return form by writing to: customerassistance@johnmalkovich.com). The products returned without a Return Slip will not be accepted. In addition, the consumer must keep proof of postage as long as the latter has not received confirmation of the refund.

(iii) Shall not be deposited directly into a relay point without following the procedure of return quoted below because it can be processed and therefore will not be refunded.

(iv) Shall include promotional gift eventually received during a commercial offer on the Site.

Any product not meeting the conditions listed above will be neither returned nor refunded. In this case, no refund can be payable, the Buyer will retain ownership of the product(s), that he can retrieve at his address and at his own expense (within a maximum period of one month).

a. Return Process:
Before sending items to return or exchange, the Buyer shall:

1. Return Articles in packaging ensuring product integrity in return.

2. Complete the return slip indicating the order number, received with your order to enable the Seller to handle the request at best.

3. Return the order using a traceable and secure way back, accompanied by the delivery slip and tracking number, to the address in the USA mentioned on the return form that you will have to ask to: customerassistance@johnmalkovich.com.

However, the return cost of the Product(s), remains the responsibility of the Buyer. The Seller will refund the Buyer the total amount paid (excluding shipping fees). The refund is made according to the method of payment used by the Buyer within a maximum of fourteen (14) days after the exercise of the right of withdrawal by the Buyer.

The refund of this amount may however be deferred until the recovery of returned goods. For further information on the scope, content and instructions for exercising the right of withdrawal of the Buyer, the latter may contact Customer Service.

As it is an electronic sale, no claim will be processed in store.

b. Terms of exchange:
The Seller agrees to exchange the Products purchased on the John Malkovich Brand Website and delivered in the United States, under the conditions described below.

The buyer has a period of fifteen (15) days from receipt of goods to exchange one or more products (subject to availability) provided that the total amount of exchanged products is less than or equal to the total amount of returned products.

In order to proceed to an exchange, the Buyer shall comply with the conditions of the return procedure.

The exchanged order, if available, will be shipped within five (5) business days following the reinstatement in stock of returned items. The Buyer will receive upon shipment of its exchange a shipping confirmation email with the tracking number.

The return cost of the Product(s) remains the responsibility of the Buyer, whereas the re-sending of the goods from FRANCE are the Seller’s responsibility.

c. Terms of refund:
The Buyer has fifteen (15) days from the delivery date to request a refund.

The Seller will refund the Buyer within fourteen (14) days of receiving the returned items. The refund will be made via the payment method used for the order. The Buyer will be refunded for the returned items subject to compliance with the conditions of return mentioned above.

The return cost of the Product(s) remains the responsibility of the Buyer

For questions concerning the return, exchange or refund of property, the Buyer may contact Customer Service.

 

Right of withdrawal
The buyer has a period of fourteen (14) days from the delivery of the order to exercise his right of withdrawal without any reasons or pay penalties, except from the return charges that are the buyer’s responsibility.

The product(s) must absolutely be returned in accordance with the article recovery and returns conditions, refund or exchange, of these Terms.

The Seller will refund the Buyer of the total amount paid (excluding shipping fees). The refund will be given on the credit card used when ordering, within a period of fourteen (14) days after the exercise of the right of withdrawal by the Buyer, subject to compliance with the above conditions.
 

Retention of title and risk
The products delivered remain the property of the Seller until full payment of the price is confirmed.

The transfer of risks related to the products takes place when the Buyer receives the Products.

 

Intellectual property rights
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of the johnmalkovich.com .

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of the John Malkovich Brand, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to the address specified below.

MDA
4 Rue d'Uzès
75002 Paris
FRANCE

 

Force majeure
The Seller's obligations will be suspended upon the occurrence of a force majeure event as long as the circumstances leading to this force majeure event will last. Will be considered force majeure within the meaning of the Terms and Conditions, any event, accidental or not, beyond the will or control of the party affected by the force majeure, but not necessarily unpredictable, as in that this list is not exhaustive, cases of war, strike, breakdown, fire, explosion, flood, difficulties in procuring raw materials or energy, supplies, administrative or judicial order, and any other event preventing the affected party to act.