Terms and Conditions
Welcome to Madeleine.com, a website owned and operated by MADELEINE FASHION INC. (referred to below as “Madeleine,” “we,” or “us”). Your visits to and all activities on and uses of our website and all interactions with us, including all purchases made from us (“uses”), are subject to these terms and conditions (the “Terms”). Specific uses subject to these Terms include, but are not limited to, account creation, shopping (including placing orders), requests for information, participation in promotions, and engagement by you with any features, forms, or links we offer on our website. By engaging in these uses, you agree to follow and be bound by these Terms, without change, as are published at the time of such use.
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY, AS THEY CONSTITUTE A BINDING AND ENFORCEABLE CONTRACT BETWEEN YOU AND MADELEINE.
THESE TERMS INCLUDE A MUTUAL AND MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND A CLASS ACTION AND JURY TRIAL WAIVER, WHICH YOU CAN SCROLL TO OR READ BY CLICKING HERE .
We recommend you print out a copy of these Terms for your records. You can download a copy HERE. Upon request, we each agree to provide the other with a physically signed copy of these Terms.
If you have any questions or concerns about the Terms, please contact us by email at [email protected].
1. PRIVACY AND INFORMATION SECURITY
Please read our Privacy Policy which is incorporated into these Terms and is binding on you and Madeleine. By using this website, you consent to the practices we disclose in the Privacy Policy , including all of the information practices it describes. To the extent there may be a conflict between the Privacy Policy and these Terms, these Terms will control to the fullest extent permitted by law. Because it is incorporated into the Terms, all disputes arising from or related in any way to the Privacy Policy are subject to the mandatory individual arbitration requirement of Section 4, below.
2. PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY
While we work hard to be accurate, mistakes can occur on our website, including product descriptions, availability, and prices. You agree that such mistakes will not be binding on Madeleine, and that we have the right to correct any error, inaccuracy, or omission at any time, including after we send you an order confirmation. We sincerely apologize for any inconvenience this may cause. If a product offered by us is not as described in any way, including as to price, your sole remedy is to return it to us within thirty (30) days, consistent with our return policy which is described in Section 8, below. We reserve the right at our discretion to limit the order quantity on any item. Merchandise availability is not guaranteed. If merchandise is not available, we will notify you of this via email. You will receive a confirmation email once your items have shipped.
3. SHIPPING
We ship and sell our product through this website only within the continental United States (the contiguous or conterminous United States). We do not ship to any other territories and/or locations.
4. LEGAL DISPUTES – THE REQUIREMENT TO ARBITRATE (THE “ARBITRATION AGREEMENT”)
At Madeleine, we hold in the highest regard our relationships with consumers. Should a dispute arise, we work hard to make things right with every consumer, including those who purchase products from us. Sometimes, a third party may be necessary to help us resolve our disputes, and our Terms limits us both to arbitration (or small claims court, if a claim qualifies) in all instances.
YOU AND MADELEINE AGREE THAT ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVE INFORMALLY MUST BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.
YOU AND MADELEINE FURTHER AGREE TO WAIVE ALL RIGHTS WE MAY HAVE TO A TRIAL BY JURY AND TO LITIGATE OUR DISPUTES IN COURTS OTHER THAN SMALL CLAIMS COURT.
YOU AND MADELEINE ALSO AGREE TO WAIVE ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTIONS/CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR OTHERWISE TO ASSERT OR PROCEED WITH ANY CLAIM AGAINST EACH OTHER ON A COLLECTIVE OR CONSOLIDATED BASIS.
This arbitration requirement extends to Madeleine’s agents, attorneys, representatives, employees, service providers, and suppliers, including all affiliated companies (including parents, subsidiaries, and sibling corporations), and our respective heirs, successors, and assigns.
You and Madeleine agree that any claim between us involves commerce under and is governed exclusively by the Federal Arbitration Act (the “FAA”), and not by any state or local laws which might place limits on the scope or availability of arbitration or way imposing requirements beyond or inconsistent with the FAA.
Arbitration: Scope, Rules, and Requirements
There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, under this agreement, an arbitrator can award on an individual basis the same damages and other relief as a court and must follow these Terms just as a court would.
The arbitration or small claims court action (if the latter is elected by either of us) shall occur in the United States in the county or parish where you reside unless you agree otherwise. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone, by video conference, or on written submissions only.
The arbitrator and small claims court (if the latter is elected by either of us), alone, have the authority to and shall resolve all claims and issues of any nature arising out of or related in any way to your use of our website and your interactions of any kind with Madeleine. This includes, but is not limited, all claims arising under international, federal, state, and local statutory, regulatory, constitutional, and common law claims, including, but not limited to, claims sounding in negligence, whatever their nature.
For purposes of clarity, but not as a limitation of any kind, this clause covers any and all claims related to or arising out of the content or operation of our website, your visits to our website, your purchases (or attempted purchases) from our website, your requests to receive advertising or promotions from us, your participation in any contests, special offers, coupon or discount promotions, and all communications by your or us occurring in connection with or as result of your use of our website or any other interactions with us.
The arbitrator also has the sole authority to and shall address all claims or arguments your or Madeleine may raise concerning the formation, legality, and enforceability of this arbitration requirement, the scope of this arbitration requirement, and the arbitrability of any claim or issue arising between us.
Arbitration under this agreement will be held before a single neutral arbitrator and governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (the “Rules”) of the American Arbitration Association (the “AAA”), as modified by the Terms, and will be administered by the AAA. The Rules are available online at https://www.adr.org/consumer. To the extent there is a conflict between this arbitration agreement and the Rules, the arbitrator shall resolve such conflicts so as to best preserve the parties’ mutual obligation to arbitration claims on an individual basis.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the Rules, and any matters relating to such cost, if not agreed to here or addressed by the Rules, will be decided by the arbitrator.
In arbitration and in small claims court, recovery of attorney fees by either parties shall be consistent with, but not exceed, the right to recover such fees under applicable law. This agreement, however, does not create an independent right to recover attorneys’ fees.
This arbitration agreement, and all of the rights, obligations, and requirements it contains, shall be interpreted without reference to any other provisions of the Terms. To the extent that any other provision of the Terms is found to be inconsistent in any way with the rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall for all purposes be null and void to the extent necessary to preserve and protect our respective agreements to arbitrate our disputes.
Commencing Arbitration
To begin an arbitration, you need to send a letter requesting arbitration and describing your claim to the AAA. You can do this by sending your claim by mail to American Arbitration Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or any other address for filing claims published by the AAA, or by sending a copy to the AAA online at https://www.adr.org . A copy of your letter must also be sent by physical delivery or email, to Madeleine at [email protected].
If you initiate an arbitration, we will reimburse you for any standard filing fee which may be required under the Rules for claims under $10,000. For claims over $10,000, the responsibility for the payment of such filing fees will be determined by the arbitrator consistent with the requirements of the Rules. If we cannot agree on the payment of any other fees or charges of any kind imposed by the AAA in connection with the arbitration, the arbitrator will decide how such fees will be paid and by whom.
5. GIFTS AND PROMOTIONAL CODES
We may offer you gift and promotional codes. These codes, as well as any promotional value linked to them, may expire if not used within a specified period, and they may not be refunded for cash.
6. WEBSITE USAGE AND BEHAVIOR
You may not access or use our website, including, but not limited to, establishing an account, for any unlawful purpose or for the purpose of creating a claim against Madeleine. We reserve the right to terminate your account or block your right to make purchases from us at any time, with or without notice, for any reason or for no reason, including for any violation of these Terms. You agree that we will have no liability to you or anyone else for the termination of your account or of your ability to purchase from us.
7. PURCHASING MERCHANDISE
8. DISCLAIMER AND LIMITATION ON LIABILITY
THIS WEBSITE AND ITS CONTENTS AND ALL PRODUCTS SOLD BY US ARE PROVIDED ON AN “AS IS” BASIS. MADELEINE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. NEITHER WE NOR ANY OF OUR SUPPLIERS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, OR PUNITIVE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE INFORMATION IT CONTAINS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. CERTAIN OF THESE PROVISIONS MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
TO THE EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF MADELEINE IN CONNECTION WITH YOUR PURCHASE OF ANY PRODUCT FROM US, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM ARISING FROM OR RELATING TO ANY SUCH PURCHASE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT.
Certain providers of products we sell may separately provide warranties regarding their products. This disclaimer does not apply to such product warranties. To obtain information concerning the warranties for any of these items, please send a written request to: [email protected].
9. TIME LIMIT ON CLAIMS
No claim arising out of or related in any way to these Terms, your access to or use of the website, your purchases (or attempted purchases) from us, or any communications between us may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
10. CHILDREN’S PRIVACY
Our website is not intended for children under 18 years of age. No one under age 18 may provide any personal information on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, please do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information.
If a child under the age of 18 has provided us with personal information, we ask that a parent or guardian call us at 1- 855-468-1111 or email us at [email protected]
If a child under the age of 18 has provided us with personal information, we ask that a parent or guardian call us at 1- 855-468-1111 or email us at [email protected]
11. PRODUCT RETURNS
If you are not satisfied with your purchase, free returns are accepted within thirty (30) days from purchase date. For our full return policy or to start your return, please visit our website here: https://www.madeleine.com/returns
12. CALIFORNIA CONSUMER RIGHTS AND NOTICES
Residents of California are entitled to specific consumer rights information which you can obtain by contacting the Complaint Assistance Unit of the Division of Consumer Services the Department of Consumer Affairs, 400 R St., Suite 1080, Sacramento, California 95814, Phone: (916) 445-1254. Online: http://www.dca.ca.gov
California’s Proposition 65 may require that special warnings be provided to California consumers if products contain certain chemicals the exposure to which may involve certain health risks. We provide California residents with the following notice: You may report complaints concerning Proposition 65 to the Consumer Information Division of the California Department of Consumer Affairs at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, Phone: (800) 952-5210.
13. INTELLECTUAL PROPERTY RIGHTS
This website and Madeleine’s advertisements, promotions, and catalogs contain trademarks, copy, and designs that are owned by us and may not be used by you without our prior written authorization in connection with the sale of products and services or used in any manner that is likely to cause confusion among our customers or which wrongfully disparages or discredits us.
14. APPLICABLE LAW
The law applicable to the interpretation, construction, and application of these terms shall be the Federal Arbitration Act (the “FAA”), applicable federal laws, and the laws of the State of Delaware, USA, without regard to principles of conflict of laws. To the extent that Delaware law is in any way inconsistent with the FAA, the FAA shall control. In all circumstances, the Terms shall be interpreted, construed, and applied, to the fullest extent possible, in a manner preserving the validity and enforceability of our arbitration agreement set forth in Section 4 of these Terms.
15. THE RIGHT TO CONSULT AN ATTORNEY
You have the right to consult with an attorney concerning any aspect of these Terms. By visiting and using this website, as well as by acknowledging your agreement when you register with or place an order with us, you agree that we may assume that you understand the Terms and agree to be bound by them.
16. EFFECTIVE DATE AND SUPPLEMENTAL TERMS
These Terms constitute the entire agreement between you and us, and were last updated on 08/10/2021. Updates or changes to these Terms shall not apply retroactively. If any provision of these Terms is found to be unenforceable or null and void for any reason, the remaining Terms shall be fully enforceable to the fullest extent permitted by law consistent with the survival and enforcement of the arbitration agreement set forth in Section 4 of these Terms.