Terms and Conditions
These Terms and Conditions constitute a legally binding contract between the consumer (“you”) and Catalina Jossen Cardozo – By Maria (“By Maria”) and apply to the ordering, purchasing, fulfillment and delivery of Direct Import Goods from the top-level domain name bymaria.ch (“Website”). Note that this policy applies to individuals who purchase shoes for personal use only i.e. it does not cover any business and wholesale accounts.
Please read the following Terms and Conditions carefully before placing your order.
The Terms and Conditions contain important information about ordering, processing, fulfillment and delivery of Direct Import Goods.
You agree to be bound by the Terms and Conditions by accessing the Website, regardless of whether you create an account or make a purchase.
If you breach any of the Terms and Conditions, you are prohibited to continue using the Website.
If you do not agree with any part of these Terms and Conditions, you must leave this Website immediately.
These Terms and Conditions may be updated periodically by By Maria. Revisions will be posted to this page. You agree to be bound by any revisions.
“Consumer” means an individual who purchases goods and services for personal use.
“Direct Import Goods” means those goods available from By Maria via the Website.
“Order” means an Order for Direct Import Goods placed via the Website.
“Taxes” means any taxes (including goods and services tax and other value added taxes), levies, imports, charges and duties (including stamp and transaction duties, import and export duties) imposed by any authority together with any related interest, penalties, fines and expenses in connection with a transaction contemplated under these Terms and Conditions.
COMMUNICATION BY US
As a condition of creating an account with By Maria, you consent to us sending you Administrative Emails and Promotional Emails. In this document:
a) “Administrative Emails” involve details of account activity and purchases you have made.
b) “Promotional Emails” consist of product information, new offers, and information about By Maria. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
PLACING YOUR ORDER
You may place an order with By Maria by completing the order form on the Website and clicking the “Secure Checkout” button.
When you place your order, we will issue you with an order number by email. Please note that this is not a confirmation that your Order has been accepted.
By placing an order, you make an offer to us to purchase the shoes and other product you have selected, based on these Terms and Conditions.
Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply any shoes or other products, however By Maria will make every effort to supply the shoes or other products you have selected for purchase.
We will notify you that your order is being processed by sending an order confirmation email to you. We do not formally accept your offer until your order has passed our internal validation procedures for: Verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
Formal acceptance of your offer will occur when we email you confirming your order of your tailor-made shoes.
If we cannot process or accept your order after payment is received, we will contact you by email or telephone.
You warrant to By Maria that all goods that you order are intended for personal, domestic and non-commercial use only.
You agree and acknowledge that, if your offer is accepted by By Maria in accordance with these Terms & Conditions, that By Maria is contracting to arrange for the delivery of the relevant products to your nominated address.
By Maria is considered the importer of record in respect of those products and you must comply with all laws and regulations of the country in which you are receiving the products.
All Direct Import Goods are located outside Switzerland when an Order is placed. By Maria and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You agree not to post or transmit to the Website any material which:
- Is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary.
- Is not properly licensed for use on this Website.
- Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
- Constitutes or encourages an illegal act – including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world.
- Infringes on the rights of a third party in any country in the world.
- Has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).
You agree not to attempt to “hack” the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, “phishing”, accessing “hidden” URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.
You may not reverse engineer, decompile, or disassemble the By Maria shoe designer, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree that By Maria owes no royalty or license fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of shoes selectec by you, and photographs of shoes custom made using the same models. By Maria is free to copy, distribute or incorporate such material into the Website for commercial or non-commercial purposes.
ACCESS TO BY MARIA
By Maria may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with these Terms and Conditions. By Maria has no obligation to investigate the authorization or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorized by you, including without limitation all, communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access. You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify By Maria of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security.
If you decide to purchase a pair of shoes or other product from the Website, you agree to promptly pay the associated fee. If you make any purchase in a currency other than your local currency, you may be charged a currency conversion fee, foreign transaction fee and/or processing fee by your bank, credit card provider or financial institution. You acknowledge that if you trigger a “chargeback” through your credit card provider, we reserve the right to no longer conduct business with you.
Gift cards purchased through our website are non-refundable and are to consume within five (5) years.
Gift cards are issued by Catalina Jossen Cardozo – By Maria (CHE-187.157.070), a Swiss company. When you purchase, receive or apply a gift card to your account or your purchase, you agree that the laws of Switzerland, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Catalina Jossen Cardozo – By Maria (CHE-187.157.070) and its affiliates related to your use of a gift card.
You acknowledge that all discounts arising from promotional offers are applied to transaction amounts only before any applicable sales tax and existing account credit or gift card credit are applied to the total amount of your order.
Discounts will be calculated on the final amount of an order taking into account any refunds, additions or deletions. Where an order is changed after payment has been processed, By Maria will recalculate the discount applied and only refund the difference between the price you paid and the price that you would have paid had your original order been for the amended order. Where a remake order has been placed on a discounted item that results in a change in price, By Maria will credit or charge the difference in price for that item, as the case may be.
Promotional offers cannot be used to purchase gift cards.
Only one promotional offer can be used per order.
By Maria reserves the right to verify the validity of the promotional offers redeemed by you at any time. If we have reason to believe that there has been unauthorized use of a promotional offer, then we can revoke this offer and cancel your order at our discretion
RETURNS, REFUNDS AND REMAKES
By Maria’s Returns/Remakes Policy for Direct Import Goods, which is incorporated into these Terms and Conditions, is as follows:
- Eligibility for Refund. Unless otherwise agreed at the time of purchase, you may return shoes which do not have a custom inscription, purchased via the Website, for a refund or credit, within 14 calendar days of the purchase date. Due to the personal nature of custom inscriptions, we cannot offer a refund because of change-of-mind. All items for return must be in their original condition, unused, unwashed, unaltered, and undamaged. Items must be in the original packaging (including, if possible, the original delivery box), and be accompanied by the By Maria return form.
- Gift cards purchased through our website are non-refundable.
- Eligibility for Remake. Unless otherwise agreed at the time of purchase, you may remake shoes which do not have a custom inscription, purchased via the Website, in a different size and/or style up to a maximum of one (1) time, taking into account any changes in price for materials, embellishments, and services such as Express Service. Due to the personal nature of custom inscriptions, we cannot offer a remake for change-of-mind purchases. By Maria materials and style choices are subject to availability. In the event that your shoes cannot be remade to the same specifications as your original pair due to a change in our product range, we will notify you.
- You must submit a remake request for any eligible item within 14 calendar days of the purchase date. All items for return must be in their original condition, unused, unwashed, unaltered, and undamaged. Items must be in the original packaging (including, if possible, the original delivery box), and be accompanied by a By Maria return form.
- Processing Refunds. After your returned item is received and inspected to be in a compliant condition, in most cases, your refund will be processed and a credit will be applied to your credit card or original method of payment within 14 business days. Depending on your credit card company, it may take an additional 2-10 business days after your credit is applied to post to your account. Items that have been returned for a refund to your original form of payment will be refunded at the original purchase price including applicable sales tax (if any). If a gift card was utilized in the original purchase, a credit for the value of the refund will be applied to the same gift card.
- We provide free prepaid return postage for Switzerland consumers only. Shortly after submitting the return request form, Swiss consumers will receive an email with shipping instructions and a complimentary prepaid shipping label to print and affix to the package.
- Rest of world consumers are required to first pay for return postage, however the cost will be applied as a credit to your By Maria account and deducted from your next order with us. To apply for the credit, photograph your shipping receipt and sent it to [email protected]. We will apply the credit within five (5) business days of you receiving email.
- Processing remakes. After you send the email rewarding remake [email protected], we will start processing the remake order within 1 – 2 business days. If your returned shoes are subsequently found to be worn or in damaged condition, we reserve the right to cancel the remake order and you forfeit any right for refund.
- We will do our best to remake your shoes to the same specifications as your original order. If this is not possible due to changes to our product availability, we will notify you.
- Faulty Items. Your shoes will be considered faulty if they are received damaged, or a manufacturing fault occurs within 14 days of purchase. Depending on the severity of the fault, By Maria will either credit your By Maria account the cost of a shoe repair up to the value of CHF.50 (upon you submitting a receipt), or arrange a full remake free of charge, pending the availability of the style and material used in the original design. Shoes damaged as a result of wear and tear are not considered to be faulty.
CREDIT CARD FRAUD
By Maria, through our transaction provider PayPal, employs the Secure Sockets Layer (SSL) technology to protect transactions with our consumers. However, By Maria will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a consumer whose credit card is fraudulently used, or is used in an unauthorized manner as a result of using this Website.
SUPPLY OF PRODUCTS
Subject to these Terms and Conditions, we will supply to you the products indicated on your order confirmation.
When purchasing your tailor-made shoes, the images displayed are a representation only, the actual shoe that is custom made for you may differ to the represented images. Your ability to return shoes is subject to the By Marria Returns Policy.
When your order items have been dispatched, we will email you to confirm shipment including a tracking number (for each item, if applicable).
PRODUCTION OF YOUR PRODUCTS
Your shoes will be manufactured and delivered to you in accordance with the estimated date stated on the website at the time of purchase.
We want to ensure your shoes will meet our high quality standards. As all our shoes are manufactured-on-demand, as opposed to shipped to you directly from a warehouse facility, unforeseen manufacturing issues can come up from time to time. In these instances, we’ll do our absolute best to still meet the timeframe but if we’re unable to, we will let you know immediately. And if the new delivery date doesn’t work for you and you would prefer to cancel the order, you are entitled to a full refund.
DELIVERY OF YOUR PRODUCTS
By Maria makes every effort to deliver your custom-made shoes or other product purchased from the Website according to the estimated delivery times provided at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Every effort is made to ship your order according to the estimated delivery times provided. Estimated ship times may vary or change due to changes in supply or circumstances beyond our control. If your custom-made shoes or other product do not arrive within the estimated delivery time, please contact us [email protected].
We encourage you to visit the “My Account” section on our Website to view the delivery status of your custom-made shoes or other product.
Unless otherwise agreed by us, we will deliver your custom-made shoes or other product to the address indicated on your order confirmation. If no one is available to take delivery of your order, our carrier may leave a card so you can pick-up your custom-made shoes or other product from a third party address. If you grant authorization for our carrier to leave your delivery without a signature, you release By Maria and our carrier from all liability. Deliveries lost, stolen or damaged under these circumstances are not covered by the By Maria Returns Policy for remake or refund, or by our carrier.
We will use our reasonable efforts to deliver your custom-made shoes or other product to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame. To the extent permitted by law, By Maria will not be liable for any delay or inability to deliver your order within the estimated timeframe.
Risk and Title in Direct Import Goods passes to you on the date and time of delivery of the goods to By Maria’s nominated delivery agent in the country of export.
IMPORTER OF RECORD AND AUTHORISATION OF CUSTOMS BROKER
As noted above, if your purchase is accepted by By Maria in accordance with these Terms and Conditions and notwithstanding that the delivery of the relevant products to your nominated address will be arranged by By Maria, you will be considered the importer of record in respect of those products.
If your nominated address is within Switzerland, you hereby authorize DHL to act as your agent in respect of dealing with the Swiss Customs and Border Protection Service in clearing the goods on your behalf, including, without limitation, making declarations on your behalf to Customs.
CUSTOMS AND DUTIES
In respect of an order of Direct Import Goods, Taxes may be levied with respect to the goods by the destination country to which the goods will be delivered and/or the country from which the goods are shipped.
For Switzerland, By Maria will be the importer of record for the purpose of customs and border processing. In such country, as the importer of the goods, we agree to pay such Taxes to the relevant authority in addition to your payment to us of the price.
For all other countries, if the relevant authorities in your country ask you to pay taxes or duties when your shoes are delivered, please do it.
REVIEWS, COMMENTS AND SHOE DESIGNS
Except as otherwise provided elsewhere in these Terms and Conditions or on the Website, anything that you submit or post to the Website and/or provide By Maria, including without limitation, shoe designs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and By Maria shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of By Maria. You also grant By Maria the right to publicly use the name that you include with any Submission when we refer to that Submission. You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by By Maria will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead By Maria or third parties as to the origin of any Submissions or Content. By Maria may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Outbound links from this Website are provided for your convenience.
By Maria has not reviewed these websites in any great detail, and cannot vouch for the content on these pages. You agree to access these links entirely at your own risk.
You are welcome to link to the Website provided you do so tastefully. If we feel your link is not in good taste, or is damaging to our brand (beyond mere criticism), we reserve the right to withdraw the right to link to the Website. You agree to remove the offending link at this time.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of By Maria. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected.
Our goods come with guarantees that cannot be excluded under the Swiss Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Neither our failure nor your failure to enforce any part of these Terms and Conditions constitutes a waiver of such Terms and Conditions. Such failure will in no way affect the right to later enforce a part of these Terms and Conditions.
By Maria reserves the right to change the Terms and Conditions at any time.
No By Maria employee or agent has the authority to vary any of the Terms and Conditions.
By Maria shall not be liable for any delay in performing any of its obligations under control of By Maria, and By Maria will be entitled to a reasonable extension of time for the performance of such obligations.
DISCLAIMER AND LIABILITY
Whilst every effort has been made to ensure the information contained within this Website is correct, By Maria makes no warranty as the accuracy, comprehensiveness, or correctness of any material, and provides all material on an “as is” basis.
By Maria, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it including, without limitation, loss or damage suffered as a result of negligence.
GOVERNING LAW AND SEVERABILITY
This contract will be governed by the laws of Zug, Switzerland. Any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision