These General Conditions of Contract (hereinafter “GCC”) govern the relationship between the customer (hereinafter “the Customer”) and MARIA AGUYÉ (whose responsible person is Maria Aguyé Barber, with NIF 40995114Y and legal address in C Biscaia 356, 7 F, 08027 Barcelona, Spain) and must be read before purchasing or ordering any product or service from MARIA AGUYÉ.
The placement of any order or purchase of our products or services by any means (may it be through the website, our Etsy sshop, through email, private message on facebook or Instagram or by any other online or offline means) implies full and unreserved acceptance of each of the provisions included in these GCC, which are published on the website MARIAAGUYE.COM.
MARIA AGUYÉ reserves the right to amend these GCC at any time without prior notice.
Orders completion timeframe
MARIA AGUYÉ will produce and ship the garments ordered in the timeframe agreed, which can be either the timeframe stated on each product page and during checkout, or the timeframe privately agreed with the Customer before placing her order, as long as she provides all body measurements and data needed to produce her order within 7 days from the day of the order placement.
Said timeframe will start counting from the moment the Client pays for her order (totally or partially).
However, MARIA AGUYÉ reserves the right to modify this production timeframe, and will notify it to the Customer in advance. The modification of the production timeframe by MARIA AGUYÉ does not entitle the Customer to any kind of compensation.
A delay on the Client in submitting either her complete body measurements or any information needed to fulfill her order will entitle MARIA AGUYÉ to an equal delay in completing said order.
For those orders considered “irreplaceable”, possible delay on the shipping date of an order will be set keeping in mind the date of the event for which it was ordered, being shipped in a way that it arrives at least 7 natural days prior to said event.
Are considered “irreplaceable”:
- wedding dresses
- bridesmaid dresses
- any other garment ordered to attend a wedding
- any garment ordered to attend an event on which the Customer has a special prominence (like, for instance, the premiere of her own work or her own birthday party)
Are not considered “irreplaceable”:
- any garment ordered to attend an event on which the Customer does not have a special prominence (like, for instance, a weekender, a music festival or a party)
MARIA AGUYÉ reserves the right to modify prices of their products and services at any time.
When an order is paid for in installments, its price will remain the same from the first payment to the last one.
A ciustom order is that in which MARIA AGUYÉ creates a design ad hoc for the Customer.
In this kind of order there is a first appoinmt which is the evaluation appointment and can be in person or online (via videocall). This first appointment is intended to determine the general features of the garment and an approximate estimate for it.
After this first appointment, the Customerhas 7 days to pay a downpayment for the order, which will be 50% of the aproximate estimate. This downpayment is required to move onto the design stage of the garment.
During the design stage of the garment, its design will be detailed. Once this final design is determined, MARIA AGUYÉ will facilitate the final estimate to the Customer. This final estimate will contain a detailed description of the garment ordered (as a result of the conversations between MARIA AGUYÉ and the Customer). This description is binding and any discrepancy with it has to be brought to the attention of MARIA AGUYÉ as soon as it is detected by the Customer.
Balance between the downpayment and the final estimate must be paid for in the timing chosen by the Customer, and always before handing over or shipping the garment.
During the making of the garment, it can be modified (either at the Customer request or suggested by MARIA AGUYÉ during fittings), that may cause a deviation from the final estimate. MARIA AGUYÉ will always inform the Customer if this is the case and will request her consent before making such modifications.
In the event that the design is set during the first appointment (when the Customer has a clear idea of what she wants), same conditions will apply: 50% or the order must be paid during the 7 following days and the balance must be paid for in the timing chosen by the Customer, and always before handing over or shipping the garment.
Estimates for custom orders are valid for 30 days. After this time, MARIA AGUYÉ reserves the right to amend them.
Any modification requested by the Customer regarding the garment detailed on the Estimate (or on the Product page on either MARIAAGUYE.COM or on our Etsy shop), may be subject to a change on the order price, no matter if this modification is requested before or after payment has taken place (or the first payment, for instalment payment orders).
MARIA AGUYÉ reserves the right to accept or refuse any modifications of any kind in an order, no matter if it has already been paid for totally or partially and regardless of the production stage in which the order is.
For personalized/custom designs: any change in design, materials, construction or fit, requested before or during the making of the garment will incurr in additional fees.
Cancelation of an order by Maria Aguyé
When the Customer has not provided her measurements or any other information needed to fulfill her order during 90 days from the order date (unless otherwise agreed previously), MARIA AGUYÉ will have the right to unilaterally cancel said order, and this cancellation will not entitle the Customer to a total nor a partial refund for her order nor for the shipping costs.
Cancellation of an order by the Customer
It is not allowed to cancel an order after it has been paid for (either totally or partially). Any amount paid will not be refunded under any circumstance.
All payments conducted through MARIAAGUYE.COM are handled and transacted through third party dedicated gateways to guarantee your protection. To help ensure that your shopping experience is safe, simple, and secure, MARIA AGUYÉ uses Secure Socket Layer (SSL) technology.
Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
We accept these payment methods:
- Debit or credit card through the payment gateways Paypal or Stripe.
- Paypal. Due to the high commisions appied by Paypal, MARIA AGUYÉ may apply an extra fee if the Customer chooses this payment method. This fee will be recognised before confirming the purchase.
- Bank transfer. Please send us a confirmation of your bank transfer payment to: firstname.lastname@example.org
For orders placed through MARIAAGUYE.COM or through our Etsy shop on which the Customer chooses the “other” or “installments” payment method (and so the system allows to place the order without yet paying for it) the order is binding from the moment it is placed and maximum period to send either total or partial payment for it is 3 days.
For orders placed through any other online or offline means, maximum period to send either total or partial payment for it is 3 days.
Orders paid for in installments will not ship until the order has been paid for in full.
We ship worldwide, excluding PO boxes.
The delivery of every product will be done by a courier company (DHL). All our shipments have a tracking number and can be located at all times.
DHL will deliver the package to the recipient under signature.
DHL may notify the recipient an upcoming delivery or a failed one. The recipient may be offered alternate delivery options, such as a different day delivery, delivery not signed for, redirection of the shipment or pick up at a DHL service point.
MARIA AGUYÉ is not responsible in case the delivery is not accomplished due to absence of the recipient, incorrect shipping address or any other physical impossibility of delivery. The Customer will responsible for the costs of the failed delivery and its subsequent return, as well as any customs charges that my apply.
MARIA AGUYÉ is not responsible nor has any control over any delivery delays that may happen and any delay will not entitle the Customer to any compensation of any kind from MARIA AGUYÉ.
Shipments are not insured by default. There are shipping insurance options available for an extra fee. To this date, all of our packages have always arrived, however MARIA AGUYÉ is not responsible in case of lost or damaged packages that were sent without a shipping insurance.
Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the Customer’s own expense. International Customers outside or the European Union are the solely responsible of any customs duties that may apply, which are not under our control. In case of doubt we recomend to check with the Customs Office in your Country.
Events outside MARIA AGUYÉ’s control, which are not reasonably foreseeable, shall be considered force majeure, meaning that MARIA AGUYÉ is released from MARIA AGUYÉ’s obligations to fulfil contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products. For example, restrictions, warnings, ban, etc.
For ready made garments:
The Customer can return a garment within fourteen (14) natural days from the date of receipt of the product.
You must request a return within 7 days of receiving your goods by sending us an email to email@example.com. Please state reason for return.
Our Customer Care team will send you a report of return that you must fill in and attach to the returned product.
This right may be exercised on one, several, or all of the items received.
Goods must be returned to us in a saleable condition, without being worn, washed, damaged or used and with tags still on.
The buyer is responsible for the costs of return and for sending them properly protected for transport. We recommend you return your item in its original packaging via recorded delivery to ensure safe return.
Once the items are received and checked, MARIA AGUYÉ will proceed to reimburse the total amount paid by the customer at the time of placing the order, excluding the shipping cost and any custom fees the customer may have incurred in. Such refund will be made by the same means of payment that were used to place the order.
The right of termination or withdrawal regarding worn, washed, damaged or used products cannot be exercised.
For made to measure garments:
Made to measure garments cannot be returned or refunded under any circumstances and will not be object of total nor partial refunds.
In the event you receive your order and are not happy with it, please write us at firstname.lastname@example.org within seven days of receipt and we will let you know how to proceed.
Made to measure garments
If you receive your garment and it doesn’t fit, please let us know inmediately.
Even though our garments fit perfect almost every time, it may happen that a garment doesn’t fit. It is uncommon, but possible. If it happens, this is what we will do:
- First, we will determine what fitting issues need to be solved, by making an online fitting (over Skype or hangouts) or with pictures.
- Once we know which the fitting issues are, we can do two different things to solve them:
- Either the customer has the garment locally altered
- Or she ships the garment to us, we alter it, and we ship it back to her.
Choosing one option or the other will depend not only on your personal preference or on money reasons, but also on the kind of alteration required. If it’s too complicated it’s better that we take care of it, while if it’s an easy one it can be made by a good local seamstress.
- And finally, we will update your records and patterns so they are ready for your next order to fit perfect from the start.
Who is responsible for what?
If the reason for the garment not fitting is because of the Client (either she took her measurements wrong, or she gained or lost weight without letting us know), the cost of the alteration and the shipping costs back and forth (in case we are doing the alteration) is on her.
If the reason for the garment not fitting is because of us, the cost of the alteration and the shipping costs back and forth (in case we are doing the alteration) is on us.
Care of the garments
MARIA AGUYÉ is not reponsible for garments damaged because of an inappropiate use, care or maintennance.
All our garments have been designed to last for a very long time if they are properly cared for. These cares include:
- Properly washing the garment.
- Wearing the garment with necessary fullness so it is not too tight, which could damage or even break it. the Customer is responsible for altering her garment to her current measurements if these fluctuate. Each garment has inlays to let out up to aproximately two sizes.
- Not doing activities that may damage the garment, like, for instance, abrupt movements.
Washing care instructions and fit recommendations are specified on each design page on MARIAAGUYE.COM, and is the responsibility of the Customer to follow them.