TERMS AND CONDITIONS

1. GENERAL INFORMATION

The web shop (“Web Shop”) located on www.masaicopenhagen.com and www.masaicph.com (collectively the “Web Shop”) is operated and owned by:

Masai Clothing Company ApS, a Danish corporation,
located at Hammerensgade 1, DK-1263 Copenhagen K, Denmark

Mail: masai@masai.dk
Telephone: (+45) 33 32 23 33

(in the following referred to as “Masai”)


By accessing the Web Shop and by submitting a Purchase Order, the Customer acknowledges, that Masai is a business located in Copenhagen, Denmark, and that the Customer, regardless of the Customer’s location/country of residence, has itself sought out access to the Web Shop via the internet and has submitted the Purchase Order to Masai in Copenhagen, Denmark, at Masai’s place of business.


Questions?
If you have any questions or concerns, please feel free to contact our Customer Service: contact@masaicopenhagen.com

We'll do our best to answer your mail within 24 hours.
 

2. INTRODUCTION TO THE ‘TERMS AND CONDITIONS’

Please read the following ‘terms & conditions’ (hereinafter the “Terms”) carefully before placing an order on our Web Shop, as these will apply when you make a purchase from the Web Shop. Completing an order on our Web Shop and acceptance of our Terms, mean that you have concluded an agreement with Masai for the delivery of your purchase. If you do not agree to these Terms, you will not be able to buy goods from the Web Shop.

These Terms shall apply to all sales of goods and products (“Products”) from Masai to customer (hereinafter the “Customer”), which are made via Masai´s Web Shop.

These Terms may be updated from time to time (e.g. to reflect changes in technology, our business model, our system capacity or changes to relevant legislation and regulations), so we therefore ask you to accept our Terms each time you make a purchase from the Web Shop. You will not be given notification of any such changes. The Terms that were applicable and that you accepted when you made your purchase will be the Terms that apply to your order.

Any reference to “you” or “your” means you in your capacity as a user of the Web Shop and Customer to the Web Shop. Any reference to “we”, “us” or “our” means Masai.

If there are any parts of the terms and conditions that you do not understand, we recommend you contact Customer Service before you start shopping in the Web Shop.

If you experience any problems with ordering on the Web Shop or with any other use of the Web Shop, please contact our Customer Service at contact@masaicopenhagen.com.
 

3. THE CONTRACTUAL BASIS

These Terms, along with Customer’s order for purchase (“Purchase Order”) of Products submitted by Customer to Masai and if accepted by Masai, shall constitute the entire contract (hereinafter the “Contract”) between Customer and Masai for the purchase of the Products specified in the Purchase Order.

A Purchase Order is created and accepted by the Customer once the Customer has selected the Masai Products, which the Customer would like to purchase, and Customer completes the checkout process in the Web Shop. By placing a Purchase Order with Masai, the Customer represents and warrants that the Customer is of age and legally capable of signing binding agreements.

The price listed on the final Purchase Order, irrespective of previously listed prices and/or prices listed on other publications, offers etc., is the final purchase price and by confirming the Purchase Order, the Customer expressly agrees to pay this price, as well as any applicable sales taxes and import duties, tariffs or any other federal, state or local tax, duty, tariff, fee or other value added governmental fee levied by any governmental authority anywhere in the world in effect at the time of shipment/delivery of the Masai Products to the Customer.

When the Customer completes the Purchase Order via the Web Shop, the Purchase Order constitutes an offer to purchase Masai Products from Masai. Furthermore, an order for more than one item of Masai Products constitutes a series of offers for each Product item individually.

All Purchase Orders are subject to approval and acceptance by Masai, and only upon Masai’s acceptance of a specific Purchase Order is a Contract formed, in which event Masai will confirm the terms of the Purchase Order with a confirmation notice sometime after the Customer’s completion of its order.
 

4. ORDERING AND PROCESSING YOUR ORDER

The Web Shop is open 24 hours a day, subject to Masai’s discretionary changes. If you order over a weekend or public holiday, your order will not be reviewed or processed until the next weekday.

Orders can only be made on the Web Shop and not by e-mails, letters or faxes. If you have any problems with your order, please contact our Customer Service.

Once you have completed an order, you will receive an e-mail confirming your order, and once we have packed and shipped your items, you will receive a receipt by e-mail.

Minimum age for purchasing. Note, that you must be at least 18 years old to purchase Products on the Web Shop. If you are under 18, you need to have your parents' or guardians' consent to purchase on your Web Shop.

When are you bound by an order? Before you complete your order on the Web Shop, you have the option to change the information you've entered: for example delivery, billing or payment details or the number of items.

As soon as you click 'Complete', you will receive a confirmation on your screen. From this point, you are bound by the 'agreement to purchase' and may not amend or cancel your order. You have 14 days to return (see the section on 'Returns') and we also refer to the section in the terms and conditions on the 'Right of withdrawal'.

We reserve the right to cancel an order. We reserve the right to cancel a Purchase Order without being liable for any damages or other costs, in one of the following situations:

1) Your payment information is incorrect or cannot be verified.

2) Your order has been submitted with the purpose of committing fraud etc. or submitted in connection with a criminal offence or other unlawful activity.

3) An unintentional error has occurred on the Web Shop, e.g. a payment error, faulty price stated etc.

4) We have reason to believe that you are under 18 years old.
 

5. PAYMENT

All payments shall be made upon completion of the Purchase Order by the Customer and prior to acceptance and confirmation by Masai. We accept the following payment methods on www.masaicopenhagen.com:

- Amex
- MasterCard
- PayPal
- Visa

If you pay by credit card, you will be asked to enter the card's security code (Credit Card verification value (CVV)). You will find the three-digit security code on the back of your credit card, usually on the right side of the back of the credit card. The security code is necessary for the payment to be carried out and to maintain a high level of security. There may also be other similar security requirements.


When is the actual payment deducted? Once your item has been packed and shipped, your payment will be deducted from the selected payment service.
 

6. TAXES - IMPORT DUTIES – TARIFFS – SALES TAXES

As Masai is located in Denmark and the purchase of Products is made at our Web Shop in Denmark, Masai is not required to, and cannot, apply and collect any applicable sales taxes and import duties, tariffs or any other federal, state or local tax, duty, tariff, fee or other value added governmental fee levied by any governmental authority anywhere in the world in effect at the time of shipment/delivery of the Masai Products to the Customer. By accepting the Terms and submitting a Purchase Order, Customer also accepts that all applicable sales taxes and import duties, tariffs or any other federal, state or local tax, duty, tariff, fee or other value added governmental fee levied by any governmental authority anywhere in the world (jointly “Taxes”) in effect at the time of shipment/delivery of the Masai Products to the Customer is the sole liability and responsibility of, and shall be reported and paid, in full and solely by, the Customer, in addition to the purchase price stated in the Purchase Order/Contract. To the fullest extent permitted by the applicable laws and regulations for any Taxes, Masai shall not be liable for reporting, collecting or paying any such Taxes, and Customer shall indemnify Masai for all Taxes charged to Masai related to the sale of Products to Customer.
 

7. DELIVERY

We ship our goods with a courier service chosen by Masai (we ship with TNT and deliver by Fedex) and usually within 2-7 working days from the time you place your order. Your receipt of the goods will be subject to the clearance time by US Customs.

However, longer packing and delivery times during some periods - especially in connection with sales and holidays – may occur.

Receiving a delivery and warranty. Subject to the policy of the courier service handling shipment, the delivery has to be signed for when you receive it, by Customer or another person duly authorized.

All in one package. We strive to ship the entire order in one and the same shipment. If we deviate from this, you will be contacted.

All Product purchases by the Customer are deemed to be have been delivered upon our transfer of the Products to the carrier. The Customer is responsible for filing any claims with carriers for damaged and/or lost shipments.

If your goods are incomplete, or we have delivered the wrong goods, please contact our Customer Service: contact@masaicopenhagen.com. If you can see missing goods etc. at the time the shipper wants to make the delivery, you should refuse to accept the goods.
 

8. MASAI AND FRIENDS

Option to create an account. When you make a purchase on the Web Shop, you can choose to create an account or simply complete a single purchase, without creating an account. The personal information that you submit to Masai in connection with the creation of your account is collected, stored and processed in accordance with our Privacy Policy. If you no longer wish to have an account with us, please contact our Customer Service in writing, at any time. You can create a Masai account here.
 

9. FAULTY OR WRONG GOODS

If you wish to complain about an item, or have received the wrong item, please contact our Customer Service if you have not already refused to accept the package when it was delivered.

Under the Danish Sale of Goods Act (“Købeloven”), in the event that Customer wishes to make a claim regarding defects (a “Defect Claim”), Customer must submit the Defect Claim to Masai within two (2) years of receiving the Product, detailing the alleged defect. Defect Claims received by Masai later than the two (2) year period will be denied.

In case of faulty or wrong goods, you can choose between the following options:

1) Return the item and have the purchase price refunded. Please note: We do not refund any costs associated with the return of defective or wrong items.

2) Keep the product and request a proportionate reduction of the purchase price (the reduction is set at our discretion).

When you contact our Customer Service, please provide the order number, item number, and describe your complaint.

We will naturally refund the purchase price as soon as we have received the goods – unless you choose to receive a new product to replace the original product.

In addition to Customer’s rights under Danish statutory law, Masai provides a limited, 2-year warranty which covers only fabrication and material defects that can be identified by the normal use of the product. Therefore, the warranty does not cover defects, wear and tear or damages, directly or indirectly, arising from improper handling, lack of maintenance, rough use or suchlike.

Claims about defects, which can be detected by a normal examination of the item upon its receipt, must be notified to us within reasonable time.

We reserve the right to make specific assessments for each individual case.
 

10. COPYRIGHT & TRADEMAKS

All contents included on the Website and Web Shop, including, but not limited to, design, text, graphics, logos, videos, audio clips, images, icons, motion features, software compilations, source coding and software, are the property of Masai and its affiliates or our suppliers.

The contents are protected by the Copyright Law of Denmark, the EU, the United States and international copyright laws. The owner of the copyright to the above-mentioned is Masai and its affiliates, or our content suppliers.

The contents of the Website may only be copied for your own private use. Any other use of the information and material on the website, such as reproduction, modification, distribution, transmission, republication, display or performance is strictly prohibited. You may therefore not - besides your own private use - copy, display, download, distribute, alter, modify, reproduce, republish or rephrase information, text, documents or other material from the website without the explicit consent from Masai or our suppliers.

Brand names, product names, logos and titles that appear on the website are trademarks or trade names and are property of Masai and its affiliates or our suppliers. Any reproduction of such trademarks or trade names constitutes an infringement of the owner’s rights and is strictly prohibited, unless it is for your own private use.

No right to the use of any trademark, trade name, trade dress, copyright, image, nor any other intellectual property (“IP”) of Masai passes to Customer under this contract and Customer agrees to refrain from using, either directly or indirectly, any of Masai's IP, unless specifically authorized in writing by Masai. Any marketing or advertising by Customer featuring Masai Products must be approved by Masai in writing prior to distribution of such materials. The acceptance and/or shipment of any order, or the provision of visuals, promotional materials, signage and logos, does not create any intellectual property rights accruing to Customer.
 

11. DISCLAIMER OF WARRANTIES

MASAI MAKES NO GUARANTY OR WARRANTY, EXPRESS OR IMPLIED, OF THE MASAI PRODUCTS SOLD HEREUNDER OR OF THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SUCH GOODS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MASAI SHALL HAVE NO LIABILITY FOR DEFECTS IN MATERIAL OR WORKMANSHIP.

Masai shall not be liable for normal manufacturing or finishing defects or for customary variations from quantities or specifications. The physical or chemical characteristics or qualities are not guaranteed unless and except to the extent specifically provided herein. Masai Products are sold subject to the imperfections of natural and other, if any, fibers.
 

12. RETURNS

If for any reason you are not entirely satisfied with your purchase at www.masaicopenhagen.com, you have the possibility to return unworn, unwashed, and undamaged products to us. Please note that we do not offer a free returns service. You are therefore responsible for paying return costs.

NOTE, that Taxes will not be refunded, and to the extent any Taxes have been charged to Masai, these will be deducted from any refund due to Customer.


When you receive your delivery, in addition to your ordered goods, it will always contain the following:

- A delivery note with an overview of the items you receive.

- Guidelines that instruct you how to return items (also shown below).

- A returns form that you should complete and send back when you return any item.


How to return?
1) Write your reason for returning on the item list you will find on the returns form.

2) Pack the item(s) you wish to return. All items must be in their original condition for you to receive full refund. Enclose your completed returns form together with the item(s). You can pack your shipment in the same box or bag that you received it in.

3) Send your package with your returned items to

Barrett Distribution Center
c/o Masai Webshop Returns
15 Freedom Way
Franklin, MA02038
USA

Returned products without tags intact, or received more than 30 days after the purchase date will not be accepted. Please note that we do not receive packages sent by 'cash on delivery' or suchlike.

You are responsible for the items until they reach us.


Refund
Once we have received your returned parcel at our warehouse, we will process it as soon as possible. When we have processed your returns you will receive a confirmation mail. The refund will be issued in the same form of payment originally used for the purchase, and in the same currency. However, Customer is always solely liable for payment of, and if possible, obtaining a refund for, any Taxes, and to extent any Taxes have been charged to Masai, these will be deducted from any refund due to Customer. Please note that it may take 2-30 working days for the amount to reach your account depending on your card provider.


Exchanging for something else
If you return your product, unfortunately we don't have the capacity to exchange it for another color, size or item. Fortunately, there is an easy way to solve this: If you'd like a different size or color, or maybe a completely different item, you just return your item as mentioned above, and then place your new order www.masaicopenhagen.com.


The condition of the item(s) upon return
You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and the way they work. In other words – you can try on the item in the same way as if you tried it in a physical store. If the item has been worn/used more than what is outlined above, we consider it as “used”, which means that when using the right of withdrawal, you will only receive part or none of the purchase amount back, depending on the product's commercial value.
 

13. RIGHT OF WITHDRAWAL

Under Danish law, you, the Customer, have the right to change your mind about a Purchase Order or a Contract for purchase for any or no reason within 14 days.

The withdrawal period expires 14 days after the day you receive your delivery, or the day you receive the final item delivered in connection with an order containing several items that have been ordered in one order but have been delivered separately or in several parts.

You must notify us within 14 days of receipt that you wish to cancel your purchase. The notice shall be given in writing to contact@masaicopenhagen.com. In your message, you need to clearly state to us that you wish to exercise your right of withdrawal. You can also choose to use our standard withdrawal form and send it back to us. You will find a 'Standard Withdrawal Form' at the bottom of this page.

When using the right of withdrawal, you have to return the goods without undue delay and no later than 14 days from the date you have informed us about exercising the right to withdraw from this agreement. We recommend that you save the receipt as proof that you have delivered the package to the post/shipper.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

When exercising your right to withdraw from a submitted Purchase Order or a Contract, we will refund all payments received from you in relation to the specific order – including delivery costs (excluding additional costs as a result of your own choice of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event within 14 days from the date we receive notice of your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any case, you will not be subject to any fees as a result of the reimbursement.

However, Customer is always solely liable for payment of, and if possible, obtaining a refund for, any Taxes, and to extent any Taxes have been charged to Masai, these will be deducted from any refund due to Customer.

You will only be liable for any diminished value of an item resulting from the handling, other than what is necessary for trying it on as if you would have in a physical store.
 

14. OTHER CONDITIONS

Prices. All stated prices of goods include solely the price of the goods and are excluding any applicable Taxes. Costs relating to the delivery, freight or postage may vary and are added separately for each order. We reserve the right to tax changes, price and typo errors, etc.

Updating the Website. We do our best to update the Web Shop and ensure that prices, offers, descriptions and other information about the goods are correct. However, spelling mistakes, pricing errors, offers, descriptions and other information about the products can occur, and sometimes we discover that the price for an item has been incorrectly displayed.
 

15. FORCE MAJEURE

We are not responsible for delays or failure to comply with our obligations under the Terms if the delay or failure is caused by events outside our reasonable control. Such events shall include but not be limited to revolutions or other disorders, wars, strikes, fires, floods, acts of God, Government regulations, delay or inability to obtain labor, materials or goods through Masai's usual and regular sources, insufficient orders, casualty, accident, economic downturns, or any other condition beyond the reasonable control of Masai.

In such event, Masai may, in its discretion, without prior notice to Customer, at any time and from time to time postpone the delivery dates under this contract for a time which is reasonable under all the circumstances or make partial delivery or cancel all or any portion of this and any Contracts with Customer, and any such non-performance or cancellation shall not be considered breach of the Contract or otherwise entitle Customer to any remedies. If the delay exceeds 30 days, the Customer may cancel part or whole of the Order without any liability.
 

16. COMMUNICATION

We reserve the right to communicate with you in different ways. You can read more about this in our Privacy Policy.
 

17. PERSONAL INFORMATION

We handle your personal information in confidence. Please read our Privacy Policy which explains how we use the personal information that you give to us in connection with the ordering process and your use of the Web Shop in general. When complete to complete a purchase at the Web Shop, you must accept our Privacy Policy along with these Terms.
 

18. MISCELLANEOUS

No partnership. The acceptance of a Purchase Order and/or shipment of any Masai Products to Customer does not create any rights for Customer other than as expressly set forth in the Contract formed by the acceptance of the Purchase Order, and does not obligate Masai to accept, or Customer to place, Purchase Orders in the future. Nothing contained in these Terms or the Contract formed shall imply any partnership, joint venture or agency relationship between Masai and Customer in any territory or jurisdiction.

Invalidity. If one or more provisions in the Terms have had to be declared fully or partially invalid, the other provisions continue to be applicable.

Updates. Masai and Customer expressly agree that Masai may modify these Terms from time to time, and such modifications shall be binding upon Customer upon Masai’s publication of modified Terms on the Website.

Assignment. Without the express written consent of Masai, no rights of Customer under or arising out of the Contract may be assigned.

No waiver. No waiver by Masai of any default by Customer shall be deemed a waiver of any subsequent default. Any replacement (as hereinabove provided) or adjustment of a delivery shall cure any defects with respect to that delivery and any default so cured shall be deemed not to have occurred.

Modification. No modification of the Terms or the Contract shall become effective unless in writing signed by an authorized representative of Masai.
 

19. GOVERNING LAW AND JURISDICTION

Any agreement made between you and Masai subject to these Terms shall be governed by the laws of the Kingdom of Denmark, with the exception of the Convention for the International Sale of Goods (CISG) and Danish choice of law rules.

Any dispute arising in connection with our Contract, including its existence or validity, is subject to the exclusive jurisdiction of the ordinary courts of the Kingdom of Denmark. By accepting these Terms, the Customer acknowledges, that the Customer has itself sought out access to the Web Shop and has submitted the Purchase Order to Masai in Copenhagen, Denmark, at Masai’s place of business, and as such that the Contract is not subject to the special jurisdictional rules for consumer agreements provided in the Danish Administration of Justice Act (“retsplejeloven”), § 244.


Questions?
If you have any questions or concerns, please feel free to contact our Customer Service: contact@masaicopenhagen.com.

We'll do our best to answer your mail within 24 hours.

STANDARD WITHDRAWAL FORM



This form should be completed and returned only if the withdrawal from the agreement is to be made valid.

Submitted to:

Masai Clothing Company ApS.
contact@masaicopenhagen.com



I/we __________________ hereby give notice that I/we ________________ want to use the right to withdraw in connection with my/our _______________ agreement of sale for the following goods _________________. Ordered on ___________/received on ___________ .


Consumer's name ___________________
Consumer's address ___________________


Consumer's signature ____________________
(only if the form is submitted in paper format)

Date _____________________

This is version 1.1 of our Terms & Conditions dated the 05.03.2020