DON MAXIMILIANO BOUTIQUE
PURCHASING TERMS AND CONDITIONS
INFORMATION ABOUT US
We are Don Maximiliano (DMS) a limited liability company registered and incorporated under the laws of Costa Rica. We operate a websites at http://donmaximiliano.com
We have developed an online platform that allows you to create your own shoes and sell it worldwide using our Website.
These Terms and Conditions apply to the use of all our designing and ordering tools. By using our Websites or the Services you agree to the applicability of these Terms and Conditions thereto. If you do not agree to them you should not use the Websites or the Services.
We reserve the right, from time to time, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of Don Maximiliano Services will be the version that is current and displayed on the Website as at each date you access the Website or use Don Maximiliano’s Services (as applicable). Your use of this Website or your use of Don Maximiliano’s after changes are made, means that you agree to be bound by such changes.
DMS shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
planned maintenance; and
unscheduled maintenance caused by force majeure
Transactions paid through the online payment merchant 2Checkout®: the customer receives payment confirmation when payment details are entered and the ordering process is concluded. Orders are launched to production automatically after the payment is confirmed
Transactions paid through bank transfer: Payment shall be made in EUR and the customer shall bear any charges applied by the bank. The amount transferred to our account must be the same as the amount shown on the screen. Order will not begin until our bank confirms that payment has been received. This process my take up to 7 working days.
By submitting the payment of an order the customer agrees with our Terms and Conditions.
DMS is an Costa Rica based business with Spain factory. We strictly follow invoicing procedures and guidelines that comply with official Costa Rica regulations.
All EU based business are required to provide a valid VAT number in order to establish a commercial relationship with DMS. No tax / vat will be charged on our invoices
Spanish based business and EU customers that failed to provide a valid VAT number, will be charged with a 21% TAX (I.V.A) on all their invoices.
Business from other countries outside the EU, will not be charged any vat / tax on their invoices.
REJECTION OF AN ORDER
DMS explicitly reserves the right not to accept an order for any reason.
DMS also reserves the right to cancel an order in the following situations without being liable for any damage or costs other than repayment of any amount received from you in relation to the cancelled order:
information provided by the Buyer is incorrect
the product manufacturing is not feasible due to any reason
payment by the Buyer was not received
due to force majeure
DMS will may only accept cancellations of orders during the first 24 hours hours from the date of purchase. The exception to this rule is special orders, which cannot be cancelled.
To cancel an order the customer should send an e-mail to email@example.com during the first 24h, and our team will process the request and issue a refund for the full purchase price.
Orders with more than 24 hours and less than 7 days in production may also be cancelled. However, there will be a cancellation fee to cover for raw material expenses and labour work.
Orders with more than 7 days in production might still be cancelled, however, only shipping costs and 30% of the item price will be refunded.
Delivery costs will be applied depending on where the customer is located. To offer the best service and ensure fast worldwide deliveries we have chosen UPS Express. Shipping rates vary based upon shipment type and destination. Rates will be automatically calculated at checkout.
DMS reserves the right to pass any extra shipping charges or fees charged by UPS after the order has been delivered for any of the following reasons:
Bad address / Address modification.
Remote location delivery.
Extra delivery attempts.
Parcel could not be delivered after the 3rd attempt or due to rejection by the receiver.
Returning costs of the returning of the parcel to our warehouse because it could not be delivered.
In the event that the parcel could not be delivered by any reasons, UPS will hold the right to abandon the parcel 10 days after the first unsuccessful attempt. Once a parcel has been abandoned by UPS it could not be recovered by any mean.
Bear in mind that customers can use our "group shipping / consolidation" feature, with which you will be able to group 2-3-4, etc MTO orders for invoicing and shipping purposes. Group shipping will help in reducing shipping costs per pair.
Orders selected to be consolidated will be shipped together. It is understandable that some orders might be completed before than others, therefore delivery time will depend on production time needed to complete all the orders being consolidated into shipping batch. Please, realize that it is not advisable to group many orders together since they will all need to be shipped together. A large group might be delayed a few days waiting for a pair to be completed.
If for any reason a customer would like to cancel or modify the shipping specifications of a shipping group, there might be a cancellation/modification fee up to 50 EUR. Also, since shipping costs were calculated just for a single shipment (group ship), we will need to additionally invoice the associated extra shipping costs to deliver the orders separately.
All shoes ordered to DMS are custom made specifically for the Buyer.
MTO orders are manufactured in approx 3 to 6 weeks (working days). BULK orders are manufactured in approx 6 to 10 weeks (working days). In exceptional cases where more time may be required we will contact the purchaser to inform them.
BFG will always aim to delivery orders on time. Manufacturing delays and late deliveries will not incur in any kind of compensation or discount.
TRACKING YOUR ORDER
Customers are able to track the progress of their shipments with a tracking number which will be emailed once the shoes are shipped from the factory.
If the customer has an account with us he can also log into his admin backorder panel to review and track all orders.
Our finished shoes are typically delivered within approximately 2 to 5 working days using UPS. However, the exact delivery period cannot be guaranteed.
Damages during transportation may occur. By default, all MTO orders are insured, which covers lost and damaged merchandise. Bulk orders instead, are not covered by any insurance by default. If you would like to purchase additional insurance for BULK deliveries, please, let us know in advance.
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
If you wish to report that your parcel has been damaged during shipment, please contact your local Courier office to file a claim within 24-48 hours upon receipt of the merchandise. After this period, you won't be entitled to receive any kind of compensation. You’ll need to provide the name of the person who collected the parcel and a contact telephone number as well. Please, retain ALL packaging as well as the damaged items, which will be examined to decide whether compensation is required. Please, do not hesitate to contact us on firstname.lastname@example.org should you require any further information.
CUSTOMS DUTIES, IMPORT TAXES & OTHER FEES
Orders are produced and sent from our factories in Spain. Customs duties may apply in certain regions and would eventually depend on your country's local customs and tax bureaus.
DMS is not liable for any taxes, duties or custom charges which the parcel may incur in. The receiver is responsible of knowing the specific country customs regulations and should comply with any duties or fees that they ask for.
Understandably, each of our MTO orders are produced strictly following customer's instructions, therefore returns are not permitted.
DMS guarantees that all items are made substantially in accordance with the specifications customers select during the order creation / checkout. Non-material variations and imperfections on the product specifications are unavoidable and shall not be a ground for a return or refund since all shoes sold by DMS are handmade and custom-made for the Buyer.
Production issues which are related to order comments and special requests, which are not part of the order specification PDF shall not be a ground for a return or refund. Orders should be configured during designing and checkout steps, not by filling custom comments or sending separate emails. Doing so may lead to manufacturing mistakes that are out of our control.
Issues related to fitting shall not be a ground for a return or refund.
DEFECTIVE MERCHANDISE - REFUND POLICY
Customers are entitled to return products ONLY under the following circumstances: demonstrable manufacturing issue (defective on origin), or item received not in conformity with the official order specifications. Customer can do so within 10 days after delivery date.
The purchaser will be responsible of paying for the returning shipping costs, and any other fees / import duties / customs taxes. Note: If you are shipping back an item, you should consider using a trackable shipping service or purchasing shipping insurance. DMS will not be responsible for lost returns.
Products must be returned in new condition (no visible wear on the upper or sole of the shoe; no visible creases or stretch marks on belts), and with the original packaging.
In the event that the claim is justified, the full purchase price will be refunded (original shipping costs will not be refunded). Optionally, we could re-manufacture the order and send it without any cost.
If a refund is applicable, customer will be refunded through the same method of payment used to pay for the order.
If any of the above conditions is not met, DMS reserves the right to reject the return, and not issue a refund. Customer will be able to collect rejected merchandise from our warehouse during the next 30 days
EXCLUSIVITY AND PRIVACY DISCLAIMER
Any kind of exclusive material, pattern, shoe design and/or shoelast provided or developed exclusively for a customer will remain for the exclusive use of that customer.
DMS reserves the right to take and use images of any products made with our MTO designing tool, for commercial purposes. With the exception of items manufactured with exclusive materials, which are exclusive of a particular customer (see above). If you have any issues with this clause, please contact us for a resolution
We have tried hard to illustrate our products on the internet with images that are as true to life as possible, both in terms of colour and finish. However, the products may still appear in different tones depending on the screen or monitor used to access our online shop. The product design image on our interface is for visualisation only. If you’d like to get a more accurate perception of the actual colors and materials, please, ask for a materials chart.
The color names and descriptions seen on our website are solely intended for our brand. They do not correspond to other general or universal descriptions of the color mentioned by any other sources or brands.
Slight variations in color tone or intensity may eventually occur on any material due to the inherent consequences of leather dying or hand painting production processes. DMS shall not be liable for any color variation appearing on the products.
DMS shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of BFG or any other party), failure of a utility service or transport or telecommunications network, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
If any provision (or part of a provision) of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
GOVERNING LAW AND JURISDICTION
The agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of Costa Rica.
The parties irrevocably agree that the courts of Costa Rica. have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
CHANGES TO THESE TERMS AND CONDITIONS
DMS may revise these terms and conditions from time to time. Every time a Buyer order shoes in the Webshop, the terms and conditions in force at that time will apply to the order.