GENERAL PROVISIONS

Me All Day ( MAD ) USA, Inc., a company organized and existing under the laws of the United States, offers products from Me All Day ( MAD ) collections (hereinafter “Product(s)”) for sale directly to its customers through the site www.meallday.com (hereinafter, the “Site”). The sale of Products on the Site is subject to these Terms and Conditions of Sale (hereinafter “Terms of Sale”) and Me All Day ( MAD ) is a wholly-owned subsidiary of Me All Day ( MAD ).

2. INFORMATION TO CONSUMERS

2.1. The Products displayed on the Site are offered for sale to consumers only (hereinafter “You”). The purchase of the Products on the Site is permitted only to individuals who are 18 years of age or over. The Products offered for sale on the Site can be purchased and shipped only to the countries indicated on the Site.

Before confirming and submitting a purchase order, You must carefully read and accept these Terms of Sale. These Terms of Sale can be downloaded and viewed from the Site. We recommend that You print or electronically store a copy of the Terms of Sale, together with a copy of the Privacy Policy and the information on Me All Day ( MAD ) return policy, for Your future reference. These Terms of Sale, together with the Privacy Policy and the Terms of Use of the Site contain the complete agreement between You and Me All Day ( MAD ) for the purchase of Products through the Site and supersede and replace any prior understandings whether oral or in writing.

2.3. By submitting a purchase order, You hereby accept and undertake to observe, in the performance of the contract with Me All Day ( MAD ), these Terms of Sale. If You do not agree with any of the terms set out in the Terms of Sale, You may not submit the purchase order for the purchase of the Products on the Site.

2.4. PLEASE NOTE: section 14 of these Terms of Sale contains an arbitration clause and class action waiver provision. It affects how disputes between You and Me All Day ( MAD ) are resolved.

3. ORDER PROCEDURES AND ACCEPTANCE

3.1. For each Product offered for sale on the Site, a picture of such Product will be displayed on the Site, together with the price, and the color variants and available sizes. Pictures of Products are provided purely to illustrate the Product and colors may contain slight and unintended graphical variations that may be impacted by the brightness of your computer screen or monitor.

3.2. To purchase a Product, You must select the Product(s) of interest, the color and the size. The Product(s) selected for purchase will be added to Your shopping cart. If the purchase procedure is not completed, all items in Your current shopping cart will be deleted and You will need to start a new purchase procedure. If the order procedure is not completed, all items included in Your current shopping cart will be deleted and You will need to start a new purchase procedure. The order procedure will be considered concluded only when You complete the check-out process and are re-directed to the Order Confirmation page. Before submitting the order, You are invited to carefully review the summary of the information on the essential characteristics of each Product You ordered, the details of the shipping costs applicable to Your order, the conditions to exercise Your right of return and the Privacy Policy.

Regarding those products for which personalization is possible, in order to proceed with the customization You have to submit an alphanumeric combination which will be applied by us to the selected product. By submitting such combination, You expressly guarantee us that:

• it does not contain expressions that may be obscene, offensive, discriminatory or contrary to public order; and
• it does not infringe any applicable law as well as any third party’s right or entitlement;

You shall be solely and exclusively responsible and liable in this regard.
In our sole discretion, we reserve the right not to accept a proposed combination, e.g. if it may be offensive or contain third party’s trademarks or copyrights, although we have no obligation to check the submitted combination.
Please consider that right of withdrawal does not apply in case of customized products.

3.3. It is possible to correct errors in the information entered during the purchase process up to the submission of the order. Once the order is submitted You will not be able to amend it, however if You chose You can call or email our Customer Service team to cancel Your order.

3.4. After the submission of the order, Me All Day ( MAD ) will send You an email to the address You entered during the purchase procedure to confirm that Me All Day ( MAD ) has received the order and is processing it (the “ Order Confirmation”). Consumers will be able to access their orders at any time through the “My Account” section on the Site or by contacting Customer Service (hereinafter “Customer Service”). Please note that order confirmation email does not constitute acceptance by Me All Day ( MAD ) of Your order. The order will be accepted by Me All Day ( MAD ) and Your payment method will be charged only after the Product(s) You ordered is dispatched. At this point, Me All Day ( MAD ) will send You an email that confirms that Your order has been accepted and the Product(s) has been shipped (the “Shipping Confirmation”). A paper invoice will be included with the Product.

3.5. Orders placed on www.meallday.com are intended for personal use and not for re-sale. Therefore, Me All Day ( MAD ) reserves the right to refuse orders made for multiple SKUs of the same product or by any person Me All Day ( MAD ) considers as not having the requirements to place a purchase without any need to provide the reasons for the same. Me All Day ( MAD ) reserves the right to refuse and not to process orders which, in its sole discretion, that appear to be placed by dealers and/or distributors.

4. AVAILABILITY

4.1. Me All Day ( MAD ) invites You to check the availability of Products offered for sale on the Site at the time of purchase. Products sold by Me All Day ( MAD ) on the Site may be subject to stock limits, and Me All Day ( MAD ) does not guarantee that they will always be available.

4.2. In the event of temporary unavailability of the Products You ordered, Me All Day ( MAD ) will inform You within 5 business days (and in any case, within the delivery time limit as specified under section 6.2 below) by sending You an e-mail or by calling You if You have provided Your telephone number during the purchase process registration. If the Product/s is/are not available, no amount will be charged to Your credit card.

5. PRICES AND PAYMENT

5.1. Prices of the Products available for sale on the Site and available for shipping in U.S. are priced in U.S. dollars. Payment authorization and settlement during checkout is also processed in U.S. dollars.

5.2. While we will make reasonable efforts to provide accurate and timely pricing information, errors may occur, including typographical errors. If an error in the price of the Products You ordered is identified after Me All Day ( MAD ) sent You the Acknowledgement Receipt but before the Order Confirmation, Me All Day ( MAD ) will contact You and ask You if You want to re-confirm the order at the correct price or to cancel it. If Me All Day ( MAD ) is not able to contact You, it will cancel the order and send You an email confirming the cancellation.

5.3. All prices of the Products do not include applicable sales tax or shipping costs for international or expedited delivery at Your option, which will be charged separately. Me All Day ( MAD ) offers free ground shipping and expedited shipping services at an additional cost. Sales tax depends on the shipping destination selected. Any shipping costs, as well as any other applicable taxes, will be itemized on the order check-out page, in the Acknowledgement Receipt/Order Confirmation as well as in the printed invoice.

5.4. The following payment methods are available: Credit card, PayPal and Klarna. Me All Day ( MAD ) currently accepts payment by the following credit cards: Visa, MasterCard, American Express.

5.5. The purchased Products will only be shipped after Your credit card data and/or Your PayPal account details has been verified and Me All Day ( MAD ) has received the charging authorization from Your bank. The charge will in any case be made only after dispatch of the Products ordered.

5.6. All Products are supplied with an identification tag that contains an identification number, which constitutes an integral part of the Product itself. Do not remove the card and related identification number from the purchased Products until You have verified that the Products conform to the Products You ordered or until You decide not to exercise Your right of return under section 9 below.

6. DELIVERY

6.1. The Products will be dispatched to the address provided during the purchase process. For security reasons, Me All Day ( MAD ) will not ship any order to a P.O. Box, to U.S. Military Post Office ZIP Code (APO/FPO/DPO) or accept any order where it is impossible to identify the individual private recipient of the order and its address. In Me All Day ( MAD ) discretion, signature by an adult may be required as a condition to make delivery.

6.2. All purchases will be delivered by Me All Day ( MAD ) selected courier service (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays, after the Order Confirmation is sent to You, on the basis of the indicated availability. Products in most circumstances will be delivered as specified on the checkout page. In any case, Me All Day ( MAD ) will not be responsible for delays that are unforeseeable and/or attributable to the Courier.

6.3. In the event You do not receive the Products within 10 business days following receipt of the Order Confirmation, we invite You to contact the Customer Service. Me All Day ( MAD ) reserves the right not to respond to any such inquiries sent after 30 days from receipt by You of the Order Confirmation.

7. CHANGES TO, AND CORRECTIONS OF, THE TERMS OF SALES AND THE WEBSITE

7.1. Me All Day ( MAD ) reserves the right to change or correct these Terms of Sale, the Privacy Policy and the return policy, as well as the Products offered for sale on the Site and their prices, at any time and without notice to You. Me All Day ( MAD ) invites You to carefully check the Terms of Sale and the Privacy Policy every time You use the Site to make a purchase.

7.2. We will make reasonable efforts to display accurate and timely information about Products on the Site. However there may occasionally be typographical errors, incorrect statements or omissions regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned (hereinafter “Errors”). Me All Day ( MAD ) reserves the right, at any time and without notice to You, to correct such Errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment. In the event that Your credit card is charged for a cancelled order, You will be promptly informed by Me All Day ( MAD ) at the email address provided during the purchase process registration and a refund will be issued to the payment method used for the purchase within 30 days.

7.3. All changes and/or corrections mentioned above will apply only to purchase orders submitted subsequent to the date of the change or correction made by Me All Day ( MAD ). Unless Me All Day ( MAD ) decides, in its sole discretion, to cancel an order or You accept to re-confirm the order pursuant to section 5.2 above, You will only be charged the prices appearing on the Order Confirmation after an Order Confirmation is sent.

8. CONFORMITY OF ORDERS

8.1. Products must be checked by You at the time of delivery to You to ensure that the packaging is not damaged, that the products are not damaged, or that are not the number of products that were ordered.

8.2. Any anomalies identified at the time of delivery, including, without limitation, any tampering or damage to the packaging, damage to the Products, missing items, non-conformity to the Products ordered, defective Products, etc. (hereinafter “Defects”), can be indicated by You directly to the Courier or to Me All Day ( MAD ) immediately upon delivery. In such circumstance You will not be required to accept the Products and may return them directly to the Courier.

8.3. In the event that any Defects are identified after delivery, then You may return the Product to Me All Day ( MAD ) following the procedure described under section 9 below.

9. RETURN POLICY

9.1. You may return products purchased through the Site for any reason, within 30 days from the date of receipt of the Products purchased on the Site, by following the procedure described under section 9.5 below. Right of withdrawal is expressly excluded for customized products, as they embody alphanumeric combination(s) personally developed and submitted by You. Products purchased online cannot be returned for a refund to Me All Day ( MAD ) stores.

9.2. A refund will be issued to the purchaser of the Product, provided that Products are returned unused, unwashed and in the same condition in which they were delivered, with all original labels attached including the anti-counterfeiting label, and complete with all parts and accessories using their original packaging.

9.3. Me All Day ( MAD ) reserves the right to inspect the Products returned and to refuse the return of those Products which do not comply with the requirements specified under section 9.2 above.

9.4. A full refund, excluding the original shipping costs, will be issued to the same means of payment used for the purchase, provided that the conditions described under section 9.2 above have been met. In case of return of Products purchased as a gift (i.e., Products shipped to a recipient different from the person who made the payment), the refund will be issued to the person who made the payment.

9.5. To the maximum extent permissible by applicable law governing the purchase and sale of special goods made to order, withdrawals, cancellations, exchanges or returns are not accepted for orders of customized products such as, for example, those with the Client’s initials engraved on the Product. The Client is advised that images, photographs and samples of the engraving may differ from the appearance of the actual Product.

9.6. To return the Products to Me All Day ( MAD ), follow the procedure described below:
(i) Check the presence of the label and commercial documents accompanying the Products within the package; make sure the merchandise You return is in its original condition, tags and packaging included; otherwise we will be unable to accept Your return and issue a refund.
(ii) Use the pre-paid Return Label included in Your order and leave the package at one of the Couriers drop-off location. The Courier used by Me All Day ( MAD ) for US deliveries is Fedex.
(iii) Obtain from the Courier a copy of the receipt for the drop-off of the Product and retain it as evidence. For orders delivered within the US the costs for returning the Products to Me All Day ( MAD ) will be borne by Me All Day ( MAD ).

If You elect not to use the Courier used by Me All Day ( MAD ), MAD recommends that You insure the whole value of the Product being returned, and obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be borne by You and Me All Day ( MAD ) will not be liable for refunding the price of Products which have not been received by Me All Day ( MAD ) as a consequence of loss, theft or damage not attributable to Me All Day ( MAD ).

10. SPECIAL NOTE TO CUSTOMERS ACCESSING MEALLDAY.COM OUTSIDE OF THE UNITED STATES

The U.S. storefront is intended for and directed to users in the United States. If You are accessing the website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from those of the United States, please be advised that through Your continued use of the website, which is governed by U.S. law, this Privacy Policy and our Conditions of Use, You are transferring Your personal information to the United States and You consent to that transfer.

11. DISCLAIMER OF WARRANTY

11.1 Me All Day ( MAD ) makes no express representations or warranties of any kind regarding the products, the accuracy or completeness of information on this site or the condition, features or availability of products described or offered for sale on this site. Me All Day ( MAD ) disclaims all implied warranties and representations of any kind regarding the products, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and no infringement. Any purchase is “as is” and “as available” and at Your own risk. Your sole and exclusive remedy for any dissatisfaction, defects, errors or problems regarding any products that You purchase or attempt to purchase via the site shall be as expressly set forth in our return policy set forth above.

12. Me All Day ( MAD ) LIABILITY

12.1. Products offered for sale on the site are supplied “according to availability”.

12.2. Me All Day ( MAD ) will not be liable for consequential, indirect, incidental, special or punitive damages, including, without limitation, loss of profits, costs of cover, loss of business, or any similar or other damages, even if advised of the possibility of such damages, or for any claim by any third party. to the fullest extent permitted by law, Me All Day ( MAD ) sole and exclusive liability shall be limited to the amount actually paid by You for the purchase of the products from this site. The aforementioned limitations of liability shall apply to any loss or damages, however caused and regardless of the theory of liability, (whether derived from contract, tort, including, without limitation, strict liability and negligence), or any other legal theory, even if Me All Day ( MAD ) was advised of the possibility of such damages and regardless of whether any of the limited remedies hereunder fail their essential purpose. Some states do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to You.

12.3. Nothing in these terms of sale excludes or limits Me All Day ( MAD ) liability to You for fraud or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law.

13. USE OF Me All Day ( MAD ) WEBSITE

Your use of the Site is subject to the “Terms of Use” that You can consult and download from our Site.

14. GOVERNING LAW AND JURISDICTION

14.1. These Terms of Sale and the relationship between You and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions.

14.2. You agree that any dispute or claim arising out of Your use of the Site or any products sold on the Site, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Sale. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Sale. Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where You reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. Disputes may also be referred to another arbitration organization if You and Me All Day ( MAD ) agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. To start an arbitration proceeding, You must execute and serve a Demand for Arbitration on Me All Day ( MAD ) by mailing it to insert address pursuant to the JAMS instructions. Me All Day ( MAD ) will bear the reasonable cost of Your initial filing fee. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each expressly waive any right to a jury trial. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

14.3. Subject to Section 14.2, in the event that a claim proceeds in court instead of arbitration any dispute arising from or connected with these Terms of Sale and any purchase contract concluded between You and Me All Day ( MAD ) pursuant to these Terms of Sale will be submitted to the exclusive jurisdiction of the competent courts in and for the city of New York, New York, USA.

15. CONTACTS

15.1. If You have any complaint or if You need any information or assistance in relation to the Site or the purchase procedure, please fill in the form in the “Contact Us” section on the Site or You may contact Me All Day ( MAD ) at the telephone number indicated under the same section.

16. GENERAL

16. If Me All Day ( MAD ) should fail to insist upon strict performance of any of Your obligations under these Terms of Sale, or if Me All Day ( MAD ) should fail to exercise any of its rights or remedies to which Me All Day ( MAD ) is entitled pursuant to the Terms of Sale, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

A waiver by Me All Day ( MAD ) of any default shall not constitute a waiver of any subsequent default. No waiver by Me All Day ( MAD ) of any of these Terms of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.