Terms of Use
MADO PARFUMS and Co ltd
ARTICLE 1 – DESIGNATION OF THE SELLER
This website www.mado.mu (hereinafter referred to as the " Site ") is published by the company MADO PARFUMS & Co Limited, registered in Mauritius under number BRN C07013457 and whose registered office is located in Riche Terre, Mauritius (hereinafter referred to as " Mado "). Mado offers through its site the online sale of products according to the terms and conditions of these General Conditions of Sale (hereinafter referred to as the " GCS ").
- Site customer service: Mado, Riche Terre.
- Site manager: Mado.
ARTICLE 2 – GENERAL PROVISIONS
2.1 Purpose of the T&Cs
The General Terms and Conditions apply exclusively to the online sale of Mado products on the Site, which is freely accessible to all Internet users.
2.2 Scope of application of the General Terms and Conditions
The General Terms and Conditions exclusively govern online sales contracts for products sold by Mado to buyers (hereinafter the “Consumer(s)”) and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which have only an indicative value.
The General Terms and Conditions are exclusively applicable to Consumers established in the Mauritian territory, excluding Rodrigues and other islands within the territory of the Republic of Mauritius.
The General Terms and Conditions are written, as are all contractual information mentioned on the Site, in French and English.
2.3 Availability and enforceability of the T&Cs
The General Terms and Conditions are made available to Consumers on the Site where they can be consulted directly and can also be communicated upon simple request by email.
The General Terms and Conditions are directly binding on the Consumer who acknowledges, by checking the "I accept" box provided for this purpose on the order confirmation page, having read them and accepted them without reservation. Acceptance of the General Terms and Conditions binds the Consumer to the General Terms and Conditions in force on the day the order is placed and confirmed on the Site.
2.4 Modification of the T&Cs
Mado reserves the right to modify its T&Cs at any time and without justification.
In the event of modification of the T&Cs, the applicable T&Cs are those in force on the date on which the order was placed and confirmed by the Consumer on the Site.
2.5 Clauses of the T&Cs
The invalidity of one of the clauses of the T&Cs does not in any case entail the invalidity of the T&Cs in their entirety.
The temporary or permanent non-application of one of the clauses of the T&Cs by Mado cannot constitute a waiver on its part of this unapplied clause which continues to produce all its effects.
ARTICLE 3 – PRODUCTS
3.1 Characteristics
The products offered for sale online and presented in the catalog published on the Site are each the subject of a description mentioning their essential characteristics.
The photographs illustrating the products are given for purely illustrative purposes and are in no way contractual in nature.
Except for the essential characteristics specific to a product, any discrepancy between the description or photograph of a product on the Site and the reality of the product delivered to the Consumer cannot give rise to a claim or refund from Mado.
3.2 Compliance
The products comply with the requirements of Mauritian law in force at the time they are placed on the market.
3.3 Stock availability
Products are sold and delivered within the limits of available stocks.
In the event of unavailability of the product ordered, Mado will inform the Consumer as soon as possible in order to reimburse the sums already paid by the Consumer.
Apart from the reimbursement of the price provided for in the event of unavailability of a product, Mado is not liable for any compensation of any kind whatsoever to the Consumer.
ARTICLE 4 – PRICE
4.1 Sale price
The sales prices are indicated, for each of the products appearing in the electronic catalogue, in Mauritian Rupees (MUR) all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the Consumer is indicated on the order confirmation page.
The sale price of the product is that in effect on the day the order is placed and confirmed by the Consumer on the Site.
In the event of a promotion expressly indicated on the Site, Mado undertakes to apply the promotional price to any order placed and confirmed by the Consumer during the promotional period.
The promotions indicated on the site cannot be requested in stores or at Mado and Mon Institut Mado physical points of sale.
4.2 Price changes
Mado reserves the right to unilaterally and at its discretion to modify its prices at any time, while guaranteeing the Consumer the application of the price in effect on the day the order is placed and confirmed by the Consumer on the Site.
4.3 Fees
Except in cases where it is expressly provided on the Site that delivery will be free, all additional costs incurred by Mado and linked to the delivery of a product ordered on the Site will be the exclusive responsibility of the Consumer.
ARTICLE 5 – OFFER
5.1 Territoriality
The online sales offers presented on the Site as well as the delivery of products purchased on the Site are strictly reserved for Consumers residing in Mauritius, excluding Rodrigues and the other islands within the territory of the Republic of Mauritius.
5.2 Duration
The online sales offers presented on the Site are valid, unless a specific duration is indicated, as long as the products appear in the electronic catalog and within the limits of available stocks.
5.3 Acceptance of the offer and Confirmation of the order
Any sale on the Site will be irrefutably presumed to be accepted and concluded following the process of the double click made by the Consumer on the “Confirm order” button.
ARTICLE 6 – ORDER
6.1 Steps for concluding the contract
To place an order, the Consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the “Order” button and provides the information required for delivery.
The Consumer must indicate:
- the delivery method, namely delivery to a store in one of the Mado points of sale by selecting “Click and collect” or home delivery;
- the payment method.
Before clicking on the “Confirm order” button, the Consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
For the proper execution of the delivery, the Consumer must carefully fill in, at the time of ordering, the desired delivery address and indicate a telephone number where he can be contacted.
The Consumer can review their purchase history for the last three months at any time by logging into the “My Account” section on the Site.
6.2 Order modification
Any modification to an order that has already been confirmed by the Consumer is subject to the express written consent of Mado. Mado may refuse, at its discretion and without justification, any request to modify an order that has already been confirmed by the Consumer.
6.3 Validation of the order
All orders are validated by Mado Maison following the sending of an email acknowledging receipt of the order placed by the Consumer. Each order validation by Mado contains a transaction receipt bearing a unique identification number. The Consumer's bank account number will not appear on the transaction receipt.
ARTICLE 7 – CONTRACT
7.1 Conclusion
The sales contract is formed following the Consumer's confirmation made using the process of double-clicking on the "Confirm order" button.
7.2 Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy. These communications, purchase orders and invoices may be produced as proof of the contract.
ARTICLE 8 – PAYMENT
8.1 Due Date
Any payment of the price is due and payable in full upon confirmation of the order made by the Consumer.
Payment is made immediately upon ordering by credit card (MasterCard or VISA), online bank transfer or bank transfer.
8.2 Payment security
The Site is equipped with an online payment security system that allows the Consumer to encrypt the transmission of their banking data. The data is processed securely by the Mips Payment Gateway. Credit card data is never stored by a third party. Data transmission is done via the TLS protocol.
ARTICLE 9 – DELIVERY
9.1 Definition
Delivery means the transfer to the Consumer of physical possession or control over the purchased product.
9.2 Delivery time
Mado undertakes, subject to another delivery time expressly indicated by Mado on the Site, to do its best to deliver the products ordered within:
(i) one (1) to three (3) business days after receipt of payment for said products by Mado for home delivery;
(ii) forty-eight hours (48H) after receipt of payment for said products by Mado for delivery to the store.
9.3 Delay in delivery
Except in cases of force majeure, natural disasters, pandemics or during periods when the Site is closed, which will be clearly indicated on the Site's home page, when the ordered product is not delivered on the date or at the end of the period mentioned on the order form, the Consumer may, unless unavailable or impossible due to the Consumer, after having unsuccessfully enjoined Mado to fulfill its delivery obligation within a maximum period of thirty days following the conclusion of the contract, terminate the contract by registered letter with acknowledgment of receipt. In the event of termination of the sale by the Consumer, Mado undertakes to reimburse the price already paid by the Consumer as soon as possible.
9.4 Place of delivery
The products are delivered to the address indicated by the Consumer on the order form.
9.5 Delivery terms
The Consumer has the option to choose their delivery method, namely delivery to a store in one of the Mado points of sale by selecting “Click and collect” or home delivery.
9.5.1 Home delivery
Home delivery will be carried out by a service provider chosen by Mado Maison who will contact the Consumer directly to agree on the day and time of delivery.
Delivery is made by direct delivery of the product to the Consumer on the ground floor of the address indicated by the Consumer or, failing that, by sending by Mado a notice of availability or notice of passage to the Consumer.
Within fifteen (15) days of the notice of availability or delivery notice, the Consumer must collect the product ordered.
In the absence of withdrawal within the period indicated, Mado may, after notification made in writing to the Consumer, remaining without effect for a period of fifteen (15) days, cancel the order and retain as compensation and/or immobilization the price already paid by the Consumer.
When the product is delivered to the address indicated on the order form by a carrier, it is the Consumer's responsibility to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or a defect noted in the product, to express reservations on the delivery slip or on the transport receipt, and possibly to refuse the product and notify Mado.
This verification of the condition of a product is considered to have been duly carried out once the Consumer, or a third party representing the Consumer, has signed the delivery slip. The Consumer or his representative must present the carrier with proof of identity.
9.5.2 Delivery to “Mado” store – “Click and collect”
The Consumer may have the product ordered and purchased on the Site delivered to one of the Mado points of sale of their choice from those pre-selected or those appearing in the drop-down list when choosing one of the points of sale. The contact details of the selected store will be displayed so that the Consumer can make an informed choice.
As soon as the Consumer's order is available at one of the preselected mado points of sale, the Consumer receives an email at the email address that the Consumer indicated when ordering in order to come and collect his order during the store's opening hours. The Consumer's order is available at the store for a period of five (5) days following the sending of the confirmation of availability of the order. If the order cannot be collected within this period, an administrative fee of five (5)% of the total amount of the order may be applied by Mado.
To collect their order, the Consumer must go to one of the selected Mado points of sale, with proof of identity and confirmation of their order and/or invoice. In the event of collection by a third party, the Consumer must present: proof of identity of the Consumer, their own proof of identity, confirmation of validation and/or invoice, and a power of attorney/mandate from the Consumer authorizing the third party to collect the product(s).
9.6 Unavailability of products
In the event of unavailability of the products upon delivery, Mado will reimburse the sums paid as soon as possible, under the conditions set out in article 3.3 of the General Terms and Conditions.
9.7 Delivery and transfer of risk
The total transfer of risks to the Consumer, including loss or damage to the products during transport, takes place upon signature of the withdrawal slip or the delivery slip by the Consumer or his representative.
9.8 No return
The exchange or refund of a product purchased on the site and delivered without reservation under the conditions of article 9.5.1 is not possible.
Except in the event of a hidden defect as provided for by the Mauritian Civil Code:
- any product delivered to the Consumer's home will be considered to have been delivered in conformity and in perfect condition as soon as the Consumer or his representative has signed the delivery slip without expressing any reservation;
- any product collected from one of the Mado points of sale will be considered compliant and in perfect condition as soon as the Consumer or their representative has signed the collection form without making any reservations;
- Any claim made after signing the delivery or collection slip will be rejected and Mado cannot be held liable, particularly for non-conformity, product defect or quantity ordered.
In the event of damage or defect noted in the product, and reservations on the delivery slip or on the transport receipt as provided for in article 9.5.1, the reimbursement of a product will be made only by means of a purchase voucher of the same value which will be usable in all Mado stores.
ARTICLE 10 – FORCE MAJEURE
Any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of the Mauritian courts and tribunals: the blocking of means of transport or supplies, earthquakes, cyclones, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the parties, pandemics.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All cases of force majeure will be considered as grounds for exemption justifying the non-performance and/or suspension of the obligations of the party suffering the case of force majeure.
ARTICLE 11 – LIABILITY
11.1 Disclaimer
Mado's liability may only be incurred in the event of serious, intentional or fraudulent misconduct by Mado towards the Consumer.
Mado may not under any circumstances be held liable (directly or indirectly) when the non-performance or failure to perform these General Terms and Conditions is due either to the Consumer's fault, or to the fault of a third party to these General Terms and Conditions, or to a case of force majeure as defined in clause 12 above.
11.2 Product Safety Defect
In the event of damage caused by a product safety defect, the Consumer must either invoke the product warranty if one exists, or seek the liability of the manufacturer identifiable from the information mentioned on the product packaging.
ARTICLE 12 – INTELLECTUAL PROPERTY
All elements reproduced on the Site, including in particular photographs, visuals, texts, logos, slogans, drawings and images, are the exclusive property of Mado and are protected by copyright, trademark law and patent law.
Any reproduction or distribution of these elements without prior written authorization from Mado exposes offenders to legal action.
The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the trademark owner.
ARTICLE 12 – PROTECTION OF PERSONAL DATA
By accepting these T&Cs, the Consumer expressly accepts the Personal Data Policy which forms an integral part of these T&Cs.
ARTICLE 13 – MEDIATION
In the event of a dispute, you should first contact the company's customer service at +230 249 01 28 from Monday to Friday except public holidays or days off, from 9 a.m. to 4 p.m., or by email at office@madoparfums.com or by post to Mado, Royal Road, Riche Terre, Mauritius.
ARTICLE 14 – COMPETENT COURT
In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, execution or termination of these General Terms and Conditions as well as all documents related to the General Terms and Conditions shall be under the exclusive jurisdiction of the courts of Mauritius.
ARTICLE 15 – APPLICABLE LAW
These T&Cs are exclusively subject to Mauritian law.