OUR TERMS OF SALES

These Terms of Sale ("Terms") govern the purchase of products and services from our website ("Services"). By placing an order or using our Services, you agree to be bound by these Terms. Please read them carefully.

1.1 GENERAL

These Terms of Sale (hereinafter referred to as the "Conditions") govern the offer, sale, and delivery of products on the website or online store operated by Madman & Fatman LTD, located at 128 City Road, EC1V 2NX, London, United Kingdom, company number 13086323, email address hello@madmanfatman.com (hereinafter referred to as "Madman & Fatman LTD"). By using this website or placing an order through it, you accept these Terms of Sale and consent to be bound by them by clicking the "ACCEPT" button during the ordering process. If you do not agree with any part of these Terms, please do not use this website. These Terms may be modified at any time, and the applicable Terms are those in effect at the time of your use of the website. Please read these Conditions carefully before using this website and its online store. We recommend that you keep these Terms for future reference.

2. USER ELIGIBILITY

2.1 The following conditions must be met to place an order:

Be of legal age.
Have the capacity to enter into a contract.
Be an individual acting as a consumer.

2.2 Please note that none of these conditions affect the rights granted to consumers by law, which may apply as additional guarantees, if applicable.

3. PURCHASING PRODUCTS AND ORDER PROCESS

3.1 Placing an order for a product will be interpreted as an offer to purchase products under these Conditions.

3.2 After placing an order, the user will receive an email confirming receipt of the order. This confirmation does not imply acceptance of the order, as it is subject to the acceptance of Madman & Fatman LTD. To ensure secure transactions and combat fraud, Madman & Fatman LTD reserves the right to request the following from the user:

Confirmation of information provided in the order via telephone, or
Submission of supporting documentation for the identification or address data provided, which will be processed in accordance with the General Data Protection Regulation (GDPR) and other applicable laws.

3.3 We disclaim all responsibility for any spelling or photographic errors on this website.

3.4 Product descriptions are accurate at the time of publication but are subject to change or availability. Madman & Fatman LTD cannot be held responsible for photographic and/or typographical errors.

3.5 Orders are subject to acceptance by Madman & Fatman LTD and the availability of the requested products. Madman & Fatman LTD reserves the right to limit the number of products included in an order, as well as the number of identical items that can be ordered at once. Madman & Fatman LTD also reserves the right not to accept or reject an order from a user who has a previous claim regarding payment for a prior purchase, a prior purchase not in compliance with these Conditions, or abnormal or abusive returns.

3.6 If the requested product in the order is not available, we will inform the user by email at the address provided in the order. The user will then have the option to wait until the product is back in stock or to cancel the order.

3.7 We will confirm the acceptance of the user's order and the delivery deadline via email. This confirmation establishes the sales contract between the user and Madman & Fatman LTD.

3.8 The contract refers exclusively to the products detailed in the Order Confirmation. There is no obligation to deliver any other products that may appear in the order until the acceptance of the order for those products is confirmed in a separate Order Confirmation.

3.9 The website's ordering process is available in English only.

4. PRICE AND PAYMENT

4.1 The price of each product is the one displayed on the website at the time of placing the order, unless there is a manifest error. When purchasing a product on this website, the user will need to pay the indicated price along with any applicable VAT and customs duties.

4.2 Prices are subject to change at any time, but such changes will not affect orders for which we have already confirmed acceptance.

4.3 Shipping costs are included in the price unless otherwise expressly stated on the website.

4.4 We are not obligated to deliver the product at an incorrect lower price, even if the order confirmation has been sent, if the error is manifest and clearly recognisable as incorrect. In such cases, we will contact the user before shipping the product.

4.5 Payments can be made using the credit/debit cards detailed in the ordering process. The total amount to be paid will be indicated in the order confirmation. Payments are made prior to product shipment.

4.6 All cards may be subject to validation and verification by their respective issuing entities. The cardholder's personal information may be shared with the issuing entity for such verifications. If the card-issuing entity refuses to authorise the payment, Madman & Fatman LTD will not be responsible for delays or failures in delivering the products associated with that card.

4.7 For credit or debit card payments, the charge will be made in real-time through the payment gateway of the corresponding financial entity, once the authenticity of the communicated data has been verified. Madman & Fatman LTD uses secure payment systems from leading financial institutions in e-commerce to offer maximum security. In this regard, confidential payment data is transmitted directly and encrypted to the corresponding financial entity.

4.8 We will process the charge to your card before shipping the product. The shipment may be suspended until full payment is received.

5. DELIVERY

5.1 We will confirm the shipping dates via a Shipping Note sent to the email address provided in your order.

5.2 The delivery location will be as specified in the Order Confirmation. If the recipient is absent at the time of delivery, a notice will be left at the delivery location so that the recipient can collect the shipment at the designated place within the specified timeframe. If the shipment is not collected within this timeframe, it will be returned to Madman & Fatman Ltd, and it will be the buyer's responsibility to contact Customer Service for any re-dispatch, which will be at the buyer's expense.

5.3 We ship to most countries, with the exception of the following: Russia, Ukraine, North Korea, Venezuela, Cuba, Nicaragua, South Africa, Côte d'Ivoire, Iran, Sierra Leone, Myanmar, Liberia, Lebanon, Sudan, Iraq, Syria, Zimbabwe, Nigeria, Crimea, Ghana, Kazakhstan, Kyrgyzstan, Belarus, and Afghanistan.

5.4 For practical reasons, it may be necessary to make separate deliveries of products included in the same order (partial shipment). In such cases, we will inform the buyer in the Shipping Note, and this will not incur any additional delivery costs for the buyer.

5.5 If we are unable to meet the delivery deadline specified in the Order Confirmation, provided that the delay is not due to payment issues, we will contact the buyer to propose a new delivery date. If the buyer does not accept the proposed new date and we are unable to deliver the product within 10 days from the expiry of the initially set deadline, the buyer may cancel the order by email or written communication to the addresses indicated in Section 1.1, and we will refund any amounts paid within fourteen (14) days, reimbursing it to the same credit/debit card used for the original payment.

6. TRANSFER OF OWNERSHIP AND RISKS

6.1 Ownership of the products transfers to the buyer upon receipt of full payment, including any applicable shipping costs.

6.2 The transfer of risk occurs at the time of delivery. The buyer assumes responsibility for any damage to the product resulting from its use, handling, or storage. Risks associated with product returns lie with the buyer, except in cases of returns due to non-compliance with the contract during the warranty period outlined in Section 9 of these Conditions.

7. PURCHASE WITH REGISTRATION

7.1 Users may register to place an order on the website. The information provided during registration will be stored in Madman & Fatman Ltd's database and processed in accordance with UK data protection laws, including the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR), as detailed in Section 14.6 of these Conditions.

7.2 Users also have the option to make purchases without registering if they prefer.

8. RIGHT OF WITHDRAWAL

8.1 Buyers may return any purchased product that does not fully satisfy them under the right of withdrawal, exercisable without justification. To initiate a return, the buyer can request a free return label from Madman & Fatman Ltd Customer Service by completing the form in the "Service and Repair" section of our website, along with the return form found in the Returns section, within fourteen (14) calendar days from the date the buyer or a designated third party (excluding the carrier) takes physical possession of the product. For multiple products ordered together but delivered separately, the fourteen (14) calendar day period begins on the date the last product is received.

8.2 The return form must be completed accurately to issue a courier collection label. Returns must be sent to Madman & Fatman Ltd without undue delay and no later than seven (7) business days from the communication of the withdrawal decision. This deadline is met if the goods are returned before the seven (7) day period expires.

8.3 We will refund all payments received from the buyer, including any applicable shipping costs, using the same payment method as the initial transaction, unless otherwise agreed in the return form. Refunds will be processed without undue delay and within fourteen (14) calendar days after receiving the withdrawal. No fees will be incurred for the refund. Madman & Fatman Ltd may withhold the refund until the returned product is received and confirmed to be in perfect condition, with no signs of damage or misuse.

8.4 The buyer is responsible for any decrease in the product's value resulting from handling beyond what is necessary to establish its nature, characteristics, and functioning.

8.5 Returns must be made within the specified period, properly packaged with the collection label. If the product(s) are not returned in their original packaging or in perfect condition, or have been used improperly, Madman & Fatman Ltd may charge for depreciation.

Shipping costs will be borne by the customer in the following cases:

If the customer fails to download or loses the collection label provided by Madman & Fatman Ltd.

For assistance, please contact us via email at hello@madmanfatman.com, indicating "RETURN REQUEST" and your order number. We will resend the label as long as it is within the specified period.

8.6 For more detailed return conditions, please refer to the "Return Policy" section of our website.

9. WARRANTY

9.1 Seller's Warranty. The rights of consumers in the UK are governed by the Consumer Rights Act 2015, along with applicable laws in other countries, which aim to protect consumers and ensure fair business practices. These provisions also apply to other countries unless otherwise stated. If the product does not conform to the contract under this law, Madman & Fatman Ltd is responsible for any lack of conformity manifesting within one to three years from delivery, according to legally established conditions.

9.2 Additional Commercial Warranty for Watches. All watches sold on this website include an International Warranty from Madman & Fatman Ltd, covering material or manufacturing defects for a period of 36 months (3 years) from the date of purchase, applicable in all countries where the product has been sold. If repair is insufficient to restore the watch to normal use, the consumer may choose between a replacement of equal or similar characteristics or a refund. Complete warranty conditions are detailed in the International Warranty Certificate provided with each watch. These conditions do not affect statutory rights and serve as an additional warranty if necessary.

9.3 Warranty claims can be made in the Servicing & Repairs section or by returning the product to MADMAN & FATMAN LTD. Warranty claims must be accompanied by one of the following documents if the product has not been registered on our website:

The online invoice received, or invoice or the original order confirmation along with the bank receipt or credit card statement.

9.4 To return a product under warranty, follow this procedure:

Obtain and complete the Return Form found in the Customer Care section. Email this form to hello@madmanfatman.com; upon receipt, Madman & Fatman Ltd will confirm via email and arrange product collection through a courier. Return the product using the courier company chosen by Madman & Fatman Ltd, with no shipping charges incurred by the consumer. The returned product must include the completed Return Form and one of the documents listed in 9.3. Once our services confirm that the product falls within the warranty coverage, we will proceed to repair and replace the non-functioning part, exchange the product, or issue a refund as specified in the return form.

10. LIABILITY

10.1 Responsibility: MADMAN & FATMAN LTD is responsible for fulfilling obligations arising from the contract, whether assumed directly or through third-party service providers, while reserving the right to take appropriate action against those parties.

10.2 Exclusions: MADMAN & FATMAN LTD is not liable for damages resulting from acts or omissions of the buyer, events of force majeure, or damages caused by third parties not associated with MADMAN & FATMAN LTD in relation to contract fulfillment.

10.3 Product Representation: While MADMAN & FATMAN LTD takes great care in presenting and describing products, photographs are for illustrative purposes only. Customers should refer to the corresponding descriptive information to ascertain the precise characteristics of each product.

10.4 Acceptance of Terms: Browsing and placing orders on the website implies knowledge and acceptance of these terms and the characteristics of the products.

10.5 Internet Connection: MADMAN & FATMAN LTD cannot be held responsible for any direct or indirect damages or malfunctions arising from an internet connection. Users are responsible for taking necessary precautions to protect their data and software. Accessing the website is solely at the user's risk.

11. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

11.1 Ownership: All industrial and intellectual property rights related to the information, software, data, services, trademarks, patents, models, designs, graphics, logos, texts, video files, audio files, images, and other content ("content") published or used on the website are the property of MADMAN & FATMAN LTD or third parties. Users are not granted any rights or licenses concerning these trademarks or rights.

11.2 Use of Content: The website's content may only be used, copied, and printed for private and non-commercial purposes in accordance with this Agreement. No part of the website may be reproduced in whole or in part, and users may not modify, decompose, or translate the graphics without maintaining accompanying texts. Any mention of copyright and other rights must be preserved when using associated content.

12. LINKS TO AND FROM OTHER WEBSITES

12.1 Third-Party Links: Our website may contain hyperlinks to third-party websites. MADMAN & FATMAN LTD does not control these sites and is not responsible for their accuracy, legality, or content. MADMAN & FATMAN LTD will not continuously monitor these third-party sites but will remove links upon discovering any rights violations. Users should conduct their own research before engaging in transactions on third-party websites.

12.2 Linking Restrictions: Creation of hyperlinks to our website is only permitted for private and non-commercial purposes. Types of hyperlinks such as "deep linking," "framing," and "in-line linking" are prohibited. MADMAN & FATMAN LTD declines responsibility for any violations of this condition and any third-party websites that link to our website.

12.3 Removal of Links: Any link to our website must be removed upon the first request of MADMAN & FATMAN LTD.

13. DURATION

13.1 Validity of Terms: These terms and conditions apply as long as products are offered for sale on the website. MADMAN & FATMAN LTD may update, revise, or modify this Agreement at any time and establish new rules, policies, or conditions regarding the use of the website. The applicable terms will be those in effect at the time of placing an order.

14. MISCELLANEOUS

14.1 Transfer of Rights: The contract between the user and MADMAN & FATMAN LTD cannot be assigned or transferred. Rights related to the delivery of purchased products defined under this contract cannot be disposed of without prior written consent.

14.2 Validity of Clauses: If any clause of this contract is declared null or invalid by a court, the remaining clauses will remain in force.

14.3 Electronic Communication: By browsing our website, users agree that communications will be conducted electronically, in accordance with applicable law. Computerised records stored in MADMAN & FATMAN LTD’s secure systems shall be considered proof of orders, communications, and payments, as per UK law.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law: Any dispute, controversy, or claim arising from these Conditions of Sale, including their validity, breach, or termination, will be resolved through binding arbitration rather than in court, except that customers may assert claims in small claims court if applicable. Both MADMAN & FATMAN LTD and the buyer waive the right to a trial by jury, and any dispute resolution will be conducted under the laws of the United Kingdom.

16. CONTACT INFORMATION

If you have any questions or concerns about these Terms, please contact us:

Madman & Fatman LTD
Company Number: 13086323
128 City Road,
EC1V 2NX,
London,
United Kingdom.
Email: hello@madmanfatman.com

Last updated: November 2024