Terms of service

ÜBERSICHT

Last updated: September 5, 2026

These Terms and Conditions govern all purchases made through the online store Madame & Son.

By placing an order through our website, you agree to these Terms and Conditions.

1. Seller

The seller and contractual partner is:

Madame & Son

Davina Schell
Lahngärten 6, 35576 Wetzlar
Germany

Email: madameandson@outlook.com

2. Scope

These Terms and Conditions apply to all contracts concluded between Madame & Son and customers through our online store.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

A business customer is any natural or legal person or partnership with legal capacity acting in the course of its commercial or independent professional activity.

3. Products and Product Descriptions

We make every reasonable effort to display and describe our products accurately.

However, actual product colors may vary slightly depending on screen settings, lighting, production processes, materials, and individual device displays.

Images, mockups, lifestyle photographs, and product previews are intended to provide an accurate representation of the product but may not always reflect exact proportions, placement, or colors.

Minor variations that are customary or technically unavoidable and do not materially affect the intended use of the product do not constitute a defect.

4. Made-to-Order and Print-on-Demand Products

Some products offered by Madame & Son may be produced only after an order has been placed.

Production after receipt of an order does not automatically exclude statutory consumer withdrawal rights.

Where a product is individually personalized, customized according to the customer's specifications, or clearly tailored to the customer's personal requirements, statutory exceptions to the right of withdrawal may apply.

Any such exception will be communicated clearly where applicable.

5. Conclusion of the Contract

The presentation of products in our online store does not constitute a legally binding offer but an invitation to place an order.

By completing the checkout process and submitting the order using the relevant order button, you submit a binding offer to purchase the products contained in your shopping cart.

After placing an order, you will generally receive an automated confirmation that your order has been received.

Unless expressly stated otherwise, this acknowledgement of receipt does not by itself constitute acceptance of your offer.

The contract is concluded when we accept your order, for example by:

sending an express order acceptance or confirmation,
commencing fulfilment of the order, or
dispatching the ordered goods.

If we are unable to accept your order after payment has already been collected, the amount paid will be refunded.

6. Prices

The prices displayed in our online store are final product prices and include any applicable taxes where legally required, unless expressly indicated otherwise.

Shipping charges, if applicable, are shown separately before completion of the order.

Customers are responsible for reviewing the total price displayed during checkout before submitting an order.

For international orders, customs duties, import taxes, brokerage fees, or similar charges may apply depending on the destination country.

Unless expressly stated otherwise, such charges are not included in the purchase price and are the responsibility of the customer.

7. Payment

Available payment methods are displayed during checkout.

Payment processing may be carried out by Shopify Payments or other third-party payment service providers.

The applicable payment provider may have additional terms and privacy policies.

Unless otherwise agreed, payment is due when the order is placed.

8. Delivery and Shipping

Available shipping methods, estimated delivery times, and applicable shipping charges are displayed during checkout or on the relevant shipping information page.

Delivery times may consist of both:

production or fulfilment time, and
shipping or transportation time.

Estimated delivery dates are estimates unless a specific binding delivery date has expressly been agreed.

Delays may occur due to circumstances outside our reasonable control, including carrier delays, customs processing, severe weather, strikes, technical disruptions, or other exceptional events.

We will inform you of significant delays where reasonably possible.

9. Delivery Address

Customers are responsible for providing a complete and correct delivery address when placing an order.

Please review your details carefully before submitting the order.

If an order cannot be delivered due to an incorrect or incomplete address supplied by the customer, additional shipping or fulfilment costs may arise.

This does not affect any mandatory statutory consumer rights.

10. Right of Withdrawal for Consumers

Consumers located in the European Union generally have a statutory right to withdraw from an online purchase within 14 days without giving a reason. For goods, the period normally begins when the consumer receives the goods.

Further details regarding:

the withdrawal period,
how to exercise the right of withdrawal,
return procedures,
return shipping costs, and
the statutory model withdrawal form

are provided in our separate Cancellation / Right of Withdrawal Policy.

Nothing in these Terms and Conditions limits statutory withdrawal rights.

11. Exceptions to the Right of Withdrawal

The statutory right of withdrawal may not apply in cases provided for by law.

In particular, this may include goods that:

are not prefabricated and are produced according to an individual choice or specification of the customer, or
are clearly personalized or tailored to the customer's personal requirements.

This exception is governed in Germany by Section 312g(2) No. 1 of the German Civil Code (BGB).

Selecting standard options such as an available size or color does not necessarily mean that a product qualifies as individually personalized.

12. Returns Following Withdrawal

Where a statutory right of withdrawal applies and is exercised correctly, the customer must return the goods in accordance with the instructions provided in our Cancellation Policy.

Consumers may be required to bear the direct cost of returning goods if they were informed of this obligation before entering into the contract.

Customers should handle products only to the extent necessary to establish their nature, characteristics, and functioning.

Statutory rules regarding any reduction in value remain unaffected.

13. Defective, Damaged, or Incorrect Products

Please contact us if you receive a product that is defective, damaged, or materially different from what you ordered.

Where statutory warranty rights apply, they remain fully unaffected by any voluntary return or refund policy.

Under EU consumer rules, consumers have statutory rights in relation to defective goods, including remedies such as repair or replacement where the legal requirements are met.

Please provide your order number and, where useful, photographs showing the issue so that we can review the matter promptly.

14. Statutory Warranty Rights

The statutory warranty provisions apply.

We do not exclude or restrict statutory rights relating to defective goods where such exclusion or restriction would be prohibited by law.

For consumers, the mandatory statutory warranty rights applicable under German and EU consumer law remain unaffected.

15. Voluntary Returns or Exchanges

Any voluntary return or exchange policy offered by Madame & Son is separate from statutory consumer rights.

Details of any voluntary returns or exchanges are provided in our Return Policy.

A voluntary policy does not limit:

statutory withdrawal rights,
statutory warranty rights, or
rights relating to defective or incorrectly supplied products.

16. Intellectual Property

Unless otherwise stated, all content made available through Madame & Son, including:

artwork,
illustrations,
graphics,
product designs,
logos,
branding,
photographs,
text,
product descriptions, and
other creative material

is owned by Madame & Son or used with appropriate authorization and is protected by applicable intellectual property laws.

Purchasing a product does not transfer any intellectual property rights in the artwork or design.

Products and designs may not be reproduced, copied, distributed, commercially exploited, resold as designs, or used to create derivative merchandise without prior written permission.

17. Resale

Unless otherwise agreed in writing, products purchased through our retail store are intended for personal use and ordinary resale of lawfully acquired physical goods remains subject to applicable law.

The purchase of a physical product does not grant a licence to reproduce or commercially exploit the underlying design or artwork.

18. Promotional Codes and Discounts

Promotional codes, coupons, or discounts may be subject to additional conditions.

Unless otherwise stated:

promotional codes cannot be exchanged for cash,
discounts cannot necessarily be combined,
promotions may be limited in duration,
promotions may apply only to selected products or customers.

We reserve the right to cancel or refuse promotional codes that have been obtained or used fraudulently or contrary to their stated conditions.

19. Gift Cards

Where gift cards are offered, their use is subject to the conditions stated at the time of purchase and applicable mandatory law.

Statutory rights remain unaffected.

20. Store Availability

We aim to keep the online store available and functioning properly.

However, uninterrupted access cannot be guaranteed.

Temporary interruptions may occur due to:

maintenance,
technical problems,
security measures,
Shopify outages,
third-party service interruptions, or
circumstances beyond our reasonable control.

21. Limitation of Liability

We are liable without limitation:

in cases of intent or gross negligence,
for injury to life, body, or health,
where liability is mandatory under applicable product liability law,
where we have expressly assumed a guarantee, and
in other cases where liability cannot legally be excluded.

In cases of ordinary negligence, we are liable for breaches of essential contractual obligations where fulfilment of such obligations is necessary for proper performance of the contract and the customer may regularly rely on their fulfilment.

In such cases, liability is limited to the foreseeable damage typically expected at the time the contract was concluded, to the extent permitted by law.

Mandatory consumer rights remain unaffected.

22. Third-Party Services

Our store may use services provided by third parties, including Shopify, payment providers, fulfilment providers, shipping carriers, and other service providers.

Where customers use third-party services, additional terms imposed by those third parties may apply.

We are not responsible for independent third-party services to the extent permitted by law.

23. Data Protection

Information regarding the collection and processing of personal data is provided in our separate Privacy Policy.

24. Changes to These Terms

We may update these Terms and Conditions from time to time where reasonably necessary, for example due to changes in:

applicable law,
our products or services,
technical systems, or
business processes.

The version applicable to an order is generally the version available at the time the order is placed.

Changes will not retrospectively alter an existing contract unless permitted by law or agreed with the customer.

25. Governing Law

The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law does not deprive you of mandatory consumer protection provisions that apply under the law of the country in which you have your habitual residence.

26. Jurisdiction

Where the customer is a consumer, statutory rules concerning jurisdiction apply.

Where the customer is a merchant, legal entity under public law, or special fund under public law, the courts at our registered place of business shall have jurisdiction to the extent permitted by law.

27. Severability

If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected.

Mandatory statutory provisions shall apply in place of any invalid provision where required.

28. Contact

For questions relating to these Terms and Conditions, please contact:

Madame & Son
Davina Schell
Lahngärten 6, 35576 Wetzlar
Germany