Terms & Conditions

Important legal notice

Following are the legal terms and conditions under which We supply the products (“Products”) listed on our website www.madwave.eu (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. Using our site indicates that you accept these terms and conditions together with our Privacy Notice here (hyperlink) and Terms of Use here (hyperlink), regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, our Privacy Notice here (hyperlink) or our Terms of Use here (hyperlink), please do not use our site

INFORMATION ABOUT US
1. www.madwave.eu is operated by Mad Wave Europe Oy (“We”). We are a company registered in Finland under company number FI27000377 and with registered office at Lepotie 2, 15540, Villahde, Finland. Our email address is info@madwave.eu
SERVICE AVAILABILITY
1. There exist some restrictions on the extent to which We accept orders from specific countries. These restrictions can be found on our “Delivery and returns” page here
YOUR STATUS
1. You are only eligible to purchase Products from us if:
  1. You are of permissible age to enter into a legally binding contract (for example, in England and Wales you must be at least 18 years old)
  2. You are an authorised user of the credit or debit card used to pay for your order
  3. You are a resident in a country that we deliver to (please see our “Delivery and returns” page here for further information)
MUTUAL CONTRACT FORMATION
1. Once you have placed your order, you should receive an e-mail from us acknowledging that We have received your order (please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted. All orders are subject to availability and acceptance by us (and may be refused by us for any reason)
2. After your order is submitted, We immediately contact your bank or card issuer for authorisation to retrieve payment from your account. We will not process your order until payment has been received in full. If we accept your order, We will confirm by sending you a further e-mail stating that the Product is being processed and ready for dispatch at which point the contract between us ("Contract") will be formed
3. As soon as your order is placed, we start to process it, which means you will not be able to change it before delivery. However, you may be able to return your Products under clause 8 of these terms and conditions or under our Returns Policy
4. We may occasionally make minor changes to a Product to reflect changes in relevant laws and regulatory requirements
5. These terms and conditions, and any Contract between us, are available only in the English language. Please note that We may not necessarily keep a copy of your Contract. You should keep a copy of these terms and conditions and your order for future reference
DELIVERY
1. Your order will be fulfilled by the delivery date indicated in the Dispatch Confirmation or. If no delivery date is specified, delivery will occur as soon as reasonably possible (depending on your chosen delivery service). In any event, delivery will take place no more than 30 days after the date you enter your Contract
2. If no one is available at the specified address to accept delivery, and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may terminate the Contract and clause 13 will apply
3. Delivery of your order is considered complete when We deliver the Products to the address you specified, and the Products will be your responsibility from that time forward
4. You will own the Products once We have received payment in full
5. Images of the Products on our site and in other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although We have made every effort to display and print Product colours accurately, We cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Products that will be delivered to you
6. Please note postcode restrictions apply. Check your eligibility here
INTERNATIONAL DELIVERY
1. If you order our Products for delivery to a destination outside Finland:
  1. Your order may be subject to import duties and taxes which are applied upon reaching the delivery destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible upon failure to pay any import duties or taxes;
  2. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible in the event that any such laws are violated;
  3. If you return any Products to us from a destination outside Finland, please ensure that the return parcel is marked clearly with the wording “Return to supplier” or wording to similar effect
PRICE AND PAYMENT
1. The price payable for the Products shall be as shown on our site in EUR, although please see clauses 7.5 and 7.6 for actions to be taken if We discover an error in the price of any Product you order. Prices advertised on our site include Finland VAT at the relevant rate chargeable, but exclude delivery charges which are additional payments and shown separately during the checkout process
2. We can change the prices on our site at any time without notice, but changes will not affect orders which We have already accepted. However, if the rate of VAT changes after the date of your order, We will adjust the rate of Finnish VAT, unless you have already paid for the Products in full before the change in VAT takes effect
3. We accept payment by debit card, credit card, or Paypal. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express
4. You must pay for the Products (including all applicable delivery charges) in full, and We will charge the card you have selected to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorisation to retrieve payment from your account
5. If We accept and process your order where there is an obvious and unmistakable pricing error, which could reasonably have been recognised by you as a mispricing, We reserve the right to terminate the Contract, refund to you any sums you have paid under the Contract, and require the return of any Products provided to you
6. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Only one voucher code may be used per order, and additional terms and conditions may apply to each voucher code. We reserve the right to decline to accept any voucher code that is inapplicable to your order or that has expired
YOUR RIGHT TO TERMINATE THE CONTRACT (EEA CUSTOMERS ONLY)
1. If you are a consumer located in the European Economic Area (“EEA”), you have the legal right to terminate the Contract in a period lasting until 14 days after you receive (or someone you nominate receives) the Products, unless the Products are split into several deliveries over different days, in which case you will have a period lasting until 14 days after the day you receive (or someone you nominate receives) the final delivery
2. If you wish to terminate the Contract under clause 8.1, you must communicate this to us within the timeframe set out in clause 8.1. The easiest way to do this is to contact us by email at info@madwave.eu. You may use a copy of the cancellation form available here, but you are not required to do so
3. The right to terminate the Contract under clause 8.1 does not apply to cosmetics or pierced jewelry, or on swimwear and lingerie in the event the hygiene seal is not in place or has been broken
4. If you terminate the Contract under clause 8.1 after the Products have been delivered to you, you must return them to us. You must dispatch the Products within 14 days of informing us that you wish to terminate the Contract. We will pay the costs of your returns if you use our free returns service in accordance with the Returns Policy here, however, if you do not make use of this service in accordance with our instructions then you will be liable for the cost of returning the Products to us. Please see our Returns Policy here for further information about how to return Products to us
RETURNS
1. As an alternative to exercising your rights under clause 8.1, you may wish to return an item using our free Finland returns service. For further information on returns, please see our Returns Policy
YOUR RIGHT TO REFUND (EEA CUSTOMERS ONLY)
1. If you are a consumer located in the EEA and you terminate your Contract under clause 8.1, We will:
  1. Refund you the price you paid for the Products. However, please note that We may reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must remunerate us the applicable amount;
  2. Refund any charges you have paid for delivery of the Products to you, with the maximum refund for delivery costs being the least expensive delivery method We offer to your delivery destination;
  3. Make any refunds you are due via the method you used for initial payment:
2. 14 days after the date on which We receive the returned Products from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us;
3. 14 days after you inform us of your decision to terminate the Contract
4. Please see our Returns Policy here for more information about returns and refunds
FAULTY PRODUCTS
1. To you the consumer, We are under a legal duty to supply Products that are in conformity with the Contract. Nothing in these terms and conditions will affect your legal rights in relation to Products that are faulty or defective
2. If you consider that any Product We have supplied is faulty or misrepresented, please notify us using the contact details set out in clause 8.2.You must return such Products to us in accordance with our given instructions, and the Returns Policy here, and if the Products are faulty or misrepresented, We will refund the price of the Products and the cost of delivery to you
OUR RIGHT TO TERMINATE THE CONTRACT
1. We may terminate the Contract with you at any time, in writing, if:
  1. You do not make any payment to us when it is due;
  2. You do not, within a reasonable time upon being requested, provide us with information that is necessary for us to provide the Products; or
  3. You do not, within a reasonable time, allow us to deliver the Products to you
2. We may also terminate the Contract under the circumstances set out in clause 7.5 or clause 7.6.
3. If We terminate the Contract in any of the scenarios set out in clause 13.1, We will refund any money you have paid in advance for the Products We have not provided, but We may deduct or charge you reasonable compensation for the costs We will incur as a result of your breaking the Contract
OUR LIABILITY
1. If We fail to comply with these terms and conditions, We are responsible for any losses or damages you suffer as a foreseeable result of our breach or failing to use reasonable care and skill, but We are not responsible for any unforeseeable losses or damages. A loss or damage is to be considered foreseeable either if it is obvious that it will happen or if, at the time the Contract was entered, both We and you has reasonable expectation that it might happen
2. We only supply the Products for domestic and private use. If you use the Products for any commercial, business, or resale purposes, We will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption, or loss of business opportunity
3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any matter for which We may not exclude or limit our liability under any applicable law
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined as any act, event, omission, or accident upon which We cannot reasonably expected to exert any control
2. If an Event Outside Our Control takes place which affects the performance of our obligations under the Contract, We will contact you as soon as possible to notify you, and our obligations under the Contract will be suspended and the allowable period for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, We will arrange for a new delivery date with you after the Event Outside Our Control has ended
3. You may terminate a Contract affected by an Event Outside Our Control if there is risk of substantial delay. To terminate a Contract under this clause 14 please contact us using the details set out in clause 8.2
INTELLECTUAL PROPERTY RIGHTS
1. All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All such rights are reserved
OTHER IMPORTANT TERMS
1. Nothing in these terms and conditions shall affect your rights as a consumer under the applicable law in the jurisdiction in which you reside
2. If We have need to contact you, We will do so by in writing or by telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. When We refer in these terms and conditions to “in writing”, this includes e-mail
3. We may change on occasion change these terms and conditions. The terms and conditions that apply to your Contract will be those that are displayed on our site when you place your order
4. We may transfer our rights and obligations under the Contract to another organisation. We will notify you in writing if this happens, and We will ensure that the transfer will not affect your rights under the Contract
5. You may only transfer your rights or obligations under these Terms to another person if We agree in writing
6. The Contract is between you and us. No other person shall have any rights to enforce any of its terms
7. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect
8. If We fail to insist that you perform any of your obligations under these terms and conditions, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against you and will not mean that you do not have to comply with those obligations. If We do waive an obligation by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you
9. Please note that these terms and conditions are governed by Finnish law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by Finnish law, except in the event that you are not resident in Finland, in which case Finnish law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence
10. In respect of any dispute or claim relating to the Contract, if you are a consumer, you and We both submit to the non-exclusive jurisdiction of the courts of Finland, however nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. If you are not a consumer, you and We both submit to the exclusive jurisdiction of the courts of Finland
AFTER-SALES SERVICE
1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to info@madwave.eu
2. If you have any complaints, these should be addressed in writing to _______ by email to info@madwave.eu