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.
Products sold through this website are only shipped to addresses within the continental United States (the contiguous or conterminous United States). We do not ship to any other territories and/or locations.
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.
You have the right to opt out of this arbitration agreement by sending a written notice expressly stating “I opt out of the arbitration requirement” or words to that effect to: [email protected] or by writing to us at MADELEINE FASHION INC. 2140 South DuPont Highway Camden, Delaware 19934, USA within thirty (30) days after your first agree to these Terms & Conditions. Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Madeleine, nor does it eliminate or change any other rights or requirements of the Terms & Conditions.
Mandatory Settlement Process
Before you and Madeleine can seek to resolve a Dispute in arbitration or small claims court, this mandatory sixty (60) day settlement process must be completed. To initiate this process, the claiming party must send to the other a short, written statement with their name, mailing address, and email address (a “Dispute Statement”) explaining their Dispute in sufficient detail for the other party to understand and investigate it, along with a proposal for resolving it, including any money being claimed and how that dollar amount was calculated. You agree to send Dispute Statements by email to Madeleine at [email protected], or by certified mail, return receipt requested to MADELEINE FASHION INC. 2140 South DuPont Highway Camden, Delaware 19934, USA.
Once a Dispute Statement is received, you and Madeleine shall work in good faith to resolve the Dispute for a period of sixty (60) days. At the conclusion of the sixty (60) day period, if the Dispute has not been resolved, you and Madeleine thereafter each have the right to resolve the Dispute in small claims court or through arbitration in compliance with the requirements of this arbitration agreement as explained below. All applicable statutes of limitation shall be suspended during the sixty (60) day informal settlement process.
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.
General Arbitration Rules. 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.
Disputes that involve an individual claim for less than $25,000 (US) in actual or statutory damages (but not including any amounts claimed for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties, including sworn statements. All other arbitrations will be conducted by telephone, online, or based solely on written submissions, including sworn statements, and will not involve any personal appearances by parties or witnesses. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.
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.
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].
Mass Arbitration Rules. If twenty-five (25) or more claimants file, or indicate an intention to file, demands for arbitration against Madeleine raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across such Disputes (a “Mass Arbitration”), these special rules apply.
Claimants that are part of a Mass Arbitration (each a “Mass Arbitration claimant”) must complete the sixty (60) day informal settlement process (described above) before proceeding to arbitration. Counsel for claimants and Madeleine shall agree to the submission of a single Dispute Statement for all Mass Arbitration claimants, but only if that statement identifies each Mass Arbitration claimant by name, mailing address, and email address.
If the settlement process is unsuccessful, counsel for Mass Arbitration claimants and Madeleine shall each select three (3) Mass Arbitration claimants to proceed to arbitration (each a “bellwether arbitration”), each with a different arbitrator, followed by a mandatory mediation involving all Mass Arbitration claimants. All statutes of limitation shall be suspended for the duration of the informal settlement process, the bellwether arbitrations, and mediation.
If any demands for arbitration have been filed by Mass Arbitration claimants other than those selected for the six (6) bellwether arbitrations (the “non-bellwether claimants”), they shall promptly be dismissed without prejudice upon selection of the bellwether arbitration claimants. For such dismissed arbitrations, no arbitration fees or costs shall be owed to or imposed by the arbitral organization beyond any initial filing fees. The bellwether arbitrations shall commence immediately upon the filing. All bellwether arbitrations shall require a reasoned decision from the arbitrator and be completed within one hundred twenty (120) days after commencement unless otherwise ordered by the arbitrator or agreed to by the parties.
Upon the resolution of all six (6) bellwether arbitrations, counsel for Madeleine and counsel for claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of not less than sixty (60) days in a good faith effort to resolve all Disputes of the Mass Arbitration claimants under the Mediation Procedures of the AAA.
If the bellwether arbitrations and the mandatory mediation are unsuccessful in resolving the Disputes of all Mass Arbitration claimants, those Mass Arbitration claimants whose claims have not been resolved shall then have the right to pursue their claims on an individual basis, but only with FairClaims, Inc. (“FairClaims”), to be arbitrated under FairClaims’ Small Claims Rules & Procedures, which are available at https://s3.amazonaws.com/arbi-website/fairclaims-rules/FairClaims-Small-Claims-Rules.pdf. If any cause of action, defense, or claim for relief cannot for any reason be addressed by FairClaims, you and Madeleine agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action, defenses, and claims for relief. The results of such FairClaims arbitrations shall be binding in all court proceedings related to the Dispute.
If for any reason FairClaims cannot handle a Dispute filed under this paragraph pursuant to its Small Claims Rules & Procedures, you and Madeleine shall negotiate in good faith for the substitution of an alternative arbitration organization for that Dispute whose rules, costs, and fees are comparable to those under FairClaims’ Small Claims Rules & Procedures. If you and Madeleine cannot agree on an alternative arbitration organization, you or Madeleine may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration consistent with the requirements of Section 3 of these Terms by an arbitrator with comparable rules whose fees and costs are not greater than twice those under FairClaims’ Small Claims Rules & Procedures. If, and only if, the court determines that there are no alternative arbitration organizations available to handle these Disputes with comparable rules and whose fees and costs are not greater than twice those of FairClaims Small Claims Rules & Procedures, you or Madeleine shall have the right to require that Mass Arbitration claimants resolve their claims via a class action lawsuit in the federal courts of the State of Delaware or, if the federal courts cannot hear such an action, in the state courts of the State of Delaware.
Fees and Costs. You and Madeleine will bear our own costs, arbitral fees, and attorneys’ fees in the event of a Dispute consistent with these terms and governing arbitral rules, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If the arbitrator determines that an arbitration has been brought in bad faith or for an improper purpose, or that the demand was frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending against the claim.
No Class Actions. Except as expressly provided for In the Mass Arbitration rules above, you and Madeleine agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only decide the disputes of that user, not other users. Nothing in this section is intended to limit the individual relief available to either of us in arbitration or small claims court. Nor does anything in this section limit the parties’ rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims.
Rules of Construction. The requirements of these Terms related to dispute resolution shall be interpreted, to the maximum extent permitted by law, to facilitate the resolution of all disputes in arbitration in a way that is cost-effective to all parties.
Survival. All provisions of the terms regarding dispute resolution, including the arbitration agreement, shall survive termination.
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
Purchases of Madeleine merchandise are fulfilled from outside the United States. In order to facilitate your purchase, we have contracted with Global-e NL B.V. (“Global-e”). When you purchase items featured on this website for shipment to a United States address, you must do so through the Global-e checkout facility, which is linked from the shopping cart page. When you purchase an item through the Global-e checkout facility, you are making a purchase from Global-e, and Global-e is the merchant of record. To learn more about Global-e, please refer to the Global-e Terms of Sale and Privacy Notice.
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]
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 in July 2023. 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.