Terms & Conditions
IMPORTANT MESSAGE ABOUT COVID-19
We care about you – the health and safety of our customers and staff is of utmost importance. Our e-shop and warehouse are still operational during this time, but please allow an additional 2 or 3 business days for all orders to be shipped.
—
This document makes up our terms of use (hereafter “the Terms”) that govern the service we offer on our mamabenz website, more specifically the commercialization of our handbags and silk scarves (hereafter “the Product(s)”). Any access to and/or use of the mamabenz website constitutes your acknowledgment that you have read, understood and accepted without reservation the Terms as well as our Privacy and Cookies Policy. The Terms therefore constitute a legally binding contract between you (the consumer) and Mama Benz. If you do not wish to accept all or part of the Terms you are requested to renounce any use of the website and of our service.
TERMS OF USE
Legal information
The mamabenz.com website is published by:
Mama Benz SARL
Siret number: 88461541000013
Social seat: 3 Avenue Bosquet, 75007 Paris, France
Phone number: +33 637 40 37 40
VAT: FR59884615410
Director: Clara S. Assi.
The mamabenz.com website is hosted by: digitalocean.com
Customer Service: hello@mamabenz.com
Access to the service – The website is accessible free of charge to any user who has access to the internet. Any costs relating to access the service, whether charges for equipment, software, or internet access, are entirely for your expense. You are solely responsible for the proper functioning of your IT equipment and internet access.
Mama Benz will do everything reasonably possible to ensure good access to the website but is under no obligation whatsoever to achieve this. It cannot be held liable for any malfunction of the network or servers or any other event beyond its reasonable control that would hinder or impact access to the service. This limitation of liability shall apply to the fullest extent permitted by law.
Mama Benz has the right to suspend or terminate your access to the website, without prior notification, if you do not comply with the Terms or any of our policies. Mama Benz has also the right to interrupt, temporarily suspend or modify all or part of the website for maintenance purposes or for any other reason, without such interruption giving rise to entitlement to any obligation or compensation.
Intellectual Property – Mama Benz owns all rights, including intellectual property rights whether registered or not (including but not limited to copyright, designs, trademarks, patents, database rights, rights on software, and/or any other intellectual property rights as recognised in any jurisdiction) both on the website and on all materials published on it, such as but not limited to all products, creations, logo, trademarks, texts, designs, models, illustrations, images, soundtracks, inventions, information, processes, methods, techniques, products, improvements, substances, articles, tools, computer programs (including functionalities, programming languages, interfaces), web & mobile applications, databases, whether or not the material may be protected by intellectual property rights. As an example, Mama Benz owns all intellectual property rights on the handbags it creates and commercializes as well as on any other products it could commercialize on the mamabenz website.
You may not reproduce, by any means or process, totally or in part, distribute, publish, transmit, create derivative works based on, modify, or sell any such materials contained on our website.
Changes to the Terms – Mama Benz may update the Terms from time to time and for any reason. We will notify you of any changes by posting it on our website. You should therefore consult the Terms regularly for any changes. The same applies to the General Sales Conditions, as well as to our Privacy and Cookies policies.
Term and cancellation – The Terms are applicable for an indefinite period, starting when you start using our service. The same applies to the General Sales Conditions, as well as to our Privacy and Cookies policies.
Applicable law and dispute resolution – The Terms, as well as our other policies are governed by French law. The Courts of Paris have exclusive jurisdiction in the event of disputes between you and Mama Benz. Proceedings shall be conducted in the French language. This law will apply no matter where you live but if your domicile is located outside of the European Union, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
GENERAL SALES CONDITIONS
Orders – When placing your order please ensure that billing and shipping address details are accurate and correct. Mama Benz cannot be held liable for the consequences of incorrect information provided when you place the order. Clicking on the order confirmation button (“Place order”) implies (i) that you confirm the order (ii) an obligation to pay and (iii) unconditional consent and compliance with the General Sales Conditions (hereafter “GSC”) that constitute a legally binding contract between you and Mama Benz. Please carefully check that your selection is correct before confirming your order.
If you have a customer account, you will be required to log in and enter your password at this stage. If you do not yet have an account, you will be asked to create one by confirming your email address and subsequently creating a password. Mama Benz will not be liable for any loss or damage from your failure to maintain the security of your account and password.
Once you have placed an order, you will receive an e-mail confirming it within 48 hours. Similarly, once your order has been shipped and is on its way to you, you will receive a shipping confirmation with a tracking number.
Unfortunately, once your order has been placed and processed, we are unable to make any changes to the order or shipping information, so please make sure all details and information entered are correct prior to purchasing.
In case you need assistance with anything from placing an order or a product inquiry, do not hesitate to contact us via e-mail at hello@mamabenz.com
End consumers – Our Products are exclusively intended to be sold to end consumers, to the exclusion of resellers and intermediaries acting on behalf of resellers. Consequently, you confirm that you are acting as the end consumer and do not intend to sell the Products for commercial purposes.
Payments – Mama Benz accepts payment by debit card, credit card, Paypal and other payment methods specific to your geographic location. The Product(s) will only be delivered after receipt of full payment. Before delivering the Product(s), we reserve the right to obtain validation of your credit or debit card details or by other means if you use an alternative method of payment.
Availability – Mama Benz will use all reasonable means to communicate about the availability of Products in real time on the website but cannot be held responsible if a Product is no longer available to fulfil an order placed by you. In case (one of the ordered) Product(s) is unavailable, you will be informed and will have the possibility either to amend the order or to cancel it, in which case you will be reimbursed if the payment had already been made.
DELIVERY & RETURNS
Shipping – The shipping fees will be calculated based on the weight and the number of purchased Products. Mama Benz offers free standard delivery on orders above € 750 — free shipping will be applied to your order at checkout.
All orders are delivered by DHL. Once your order has been shipped, you will receive a confirmation by e-mail with a tracking number. You should also check your “spam” inbox, as the message may have been delivered there depending on your email settings.
The delivery times, running from the validation of your order, are (excluding weekends and public holidays):
For Europe:
- DHL Express – €25 (2-4 business days)
For the rest of the world
- DHL Express – €40 (3-6 business days)
Delivery times are estimates. Our aim is always to send your order out as rapidly as possible. However, we cannot be held responsible for delays as a result of reasons beyond our control, including but not limited to remote delivery locations, adverse weather conditions, customs, epidemics, (threat of) terrorist attacks, natural disasters, services strikes. During sales and holiday periods, the large volume of orders can result in processing delays.
IMPORTANT: Due to the Covid-19 crisis, our shipping agents may be experiencing additional shipping delays.
Any questions regarding your order and its delivery can be addressed to our Customer Service. Please inform us of any failure to deliver or late delivery.
Transfer of risks – The Product(s) ordered remain(s) the exclusive property of Mama Benz until it has received full payment. However, the risk of loss, theft or damage to the goods shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the Product(s), regardless of whether the Product(s) has/have been inspected for potential defects.
Prices, duties and taxes – The prices of our Products are indicated in Euros, inclusive of all taxes. International pricing is calculated according to the current rate of exchange between the EU currency on our website and the local currency of the specified shipping destination. We reserve the right to update such exchange rates regularly at our sole discretion, and you acknowledge that such updates may affect product pricing on our website.
However, international shipments (outside of the EU) may be subject to customs duties and import taxes upon entry into the country of destination over which we are unaware. As the recipient you are liable for all import duties, customs and local sales taxes levied by the country you reside in. You should contact your local authorities to take notice of these fees and the respective values that differ from country to country, over which we have no prior knowledge. Please note that all duty and sales taxes are non-refundable through Mama Benz. However, you may be able to recover these charges by contacting your local customs bureau directly. If you refuse to pay the fees to release your order from customs on arrival, the order will subsequently be returned back to Mama Benz and refunded.
Right of withdrawal – You have 14 calendar days starting from the day following the day you or a third party other than the carrier indicated by you received the order to ship the Product(s) back to us for a refund or exchange. Any Product(s) returned after that period will be refused and returned to you.
You must contact our Customer Service beforehand to obtain a – “Return/Withdrawal Form”. No return shall be accepted without use of such form. When you have received the Return/Withdrawal form for your order, you will complete it and return the Product(s) back as soon as possible and in any event not later than 14 days from the day on which you communicated your decision to withdraw, to:
Mama Benz Attention: Customer Returns
3 Avenue Bosquet
75007 Paris
France
+33 637 40 37 40
hello@mamabenz.com
OR
Mama Benz Attention: Customer Returns
Atelier Relief
rue Vilain XIIII 20
1050 Bruxelles
Belgique
Our return policy is the following:
- No return is accepted for Products made to your specifications or clearly personalized;
- Products(s) must be returned in the original Mama Benz dust bag and branded packaging provided. They must be placed inside a protective outer box for shipping;
- Product(s) must be returned in their original condition, in an undamaged state: you shall be liable for any diminished value of the Product(s) resulting from the handling of it other than what is necessary to establish the nature, characteristics and functioning of the it. When trying on your purchase, you should only handle and inspect it in the same manner as you would be allowed to do in a shop;
- Mama Benz will check the packaging and the condition of each returned Product. Mama Benz can refuse the refund or reduce the sum refunded to cover the diminished value of returned Product(s) due to mishandling during the right of withdrawal period;
- the costs and risks pertaining to the return of Product(s) are accepted by you and are your responsibility. Mama Benz cannot be held responsible (i) in the event of loss, theft, or damage of the returned Product(s) and (ii) for the refund of any import tax or custom duty that your order may have incurred for returned or exchanged items
- Returned parcels for which your identification (first name, surname, address, and return code) is not provided or possible shall be refused
If the above conditions are complied with, Mama Benz will reimburse you without undue delay after receipt of the returned Product, using the same means of payment as used for the initial transaction, unless we expressly agreed otherwise and provided that you do not incur any fees as a result of such reimbursement.
Warranties/Guarantee (conformity and hidden defects) – MAMA BENZ will deliver to you a Product that is consistent with the contract and free from any defects.
All Mama Benz products are handmade in Italy with the finest of materials. Our bags are crafted from excellent quality Italian calf and bovine leather. All leather-types we use have been specially treated giving each bag a lush and sumptuous hand-feel. Any grain marks are natural characteristics of the material, making each item unique in its own way. We work with exceptional tanneries, mills and manufacturers in Florence allowing us to create and offer high-grade products that will endure the test of time and be loved for years ahead.
Our customers’ satisfaction with their purchased MB items is of great importance to us. Therefore, we offer a two-year guarantee/warranty on all of our leather products. MAMA BENZ shall be liable for any non-conformity existing at the time of delivery of the Product and which becomes apparent within a period of two (2) years from the delivery. You should check for any lack of conformity of the Products at the time of delivery and, if any anomalies are found (e.g. open package, damaged goods, product not conform to the Product ordered etc.), you should (i) handwrite any reservations and sign it, if possible on the delivery note and then (ii) contact our Customer Service as soon as possible.
In the event of a non-conformity, you must inform Mama Benz of the existence of it within a period of two (2) months from the day on which you detected such a lack of conformity. Any action for a non-conformity must be brought within a period of one (1) year from the day on which the non-conformity was detected, but this period may not expire before the two (2) years period. Any non-conformity which becomes apparent within a period of six (6) months from the delivery of the Product is presumed to have existed at the time of delivery (unless proven otherwise).
You can choose between the repair or replacement of the Product according to your wishes (free of charge). If one of these choices is disproportionate or impossible, you can be refunded for the price paid and return the Product or keep it and have a portion of the price refunded to you, unless the non-conformity is minor (small technical differences from normal quality, color, width, weight, manufacturing or design). Mama Benz makes every effort to ensure that the color and design of the Product(s) in the photographs displayed on our website match those of the original Products. Variations may occur, due to color display constraints on your computer equipment. Mama Benz cannot be held liable for any error or insubstantial inaccuracy in the photographs or representations of the Products on the website.
In the case of manufacturing defects, please note that they will be assessed on a case by case basis with a valid proof of purchase from our website www.mamabenz.com or one of our authorized retailers.
All customers with any questions pertaining to authentication are encouraged to get in touch with our team at hello@mamabenz.com
Liability limitation – Except in the event of fraud or deceit by Mama Benz, Mama Benz may under no circumstance be held liable for any damages which do not arise from a failure to meet one of its obligations.