General terms and conditions for the sale of MA MODA products VIA THE MA MODA CONCEPT STORE

Welcome to MA MODA CONCEPT, In addition to the Privacy Policy, Cookies Policy and Quality Policy of MA MODA, all documents of which are incorporated herein by reference, we wanted to provide you with some additional terms and conditions of sale (the “General Terms and Conditions of Sale”) regarding your purchase, including, our products and its availability, shipping, returns policy and other information and terms.

It is understood that by placing an order at MA MODA CONCEPT store (“MA MODA”) located at https://www.mamodaconcept.com (the “Website”), the customer (“Customer”) fully and unreservedly acknowledges and accepts these General Terms and Conditions of Sale, the Website Privacy Policy, the Privacy Policy and Quality Policy, all of which form an integral and substantial part of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than MA MODA, even in cases in which they are presented on the Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than MA MODA, the Customer should check the conditions of sale which apply to such transaction. In no case can MA MODA be held liable for the provision of services by third parties.

Vendor identification

For the purposes of these General Terms and Conditions of Sale, the vendor is MA MODA ‘nın tam adı, located at Ikitelli OSB Masko Mobilyacilar Sitesi, 3B1 Basaksehir / Istanbul / Turkey

1. Product orders

Orders may only be placed either directly in MA MODA or by phone to MA MODA sales representative. (write the proof such as proforma, email, etc..) By placing an order, you represent and warrant that you meet both of these requirements.

The Customer must provide MA MODA a valid e-mail address to which required information, information under these General Terms and Conditions of Sale and any information concerning the order will be sent. Each order made by the Customer covered by these General Terms and Conditions of Sale may be for one or more products, up to a maximum of seven products per order, of which a maximum of two units per same article.

MA MODA reserves the right to modify the limits for the quantity and/or types of products that may be purchased at any time. Further, MA MODA reserves the right to not accept orders which are incomplete, incorrect or if products are unavailable. If MA MODA exercises such right, MA MODA will inform the Customer that MA MODA has exercised such rights, providing the reasons for doing so. The Customer is responsible for selecting the articles of interest to him/her. The Customer’s order summary/proforma(or some other name) sent to the Customer following completion of the purchase include a description of the products ordered, including measurements and sizes (where applicable), and a digital photograph allowing a sample representation of the products available.

Although MA MODA takes reasonable measures to help ensure the photographs on the Store faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible due to the Customer’s computer’s technical characteristics and colour resolution, among other things. Consequently, MA MODA cannot be held responsible for any inaccuracies in the graphic representation of the MA MODA products displayed on the Store.

2. Product prices

Product prices include standard shipping costs, unless otherwise stipulated on the Store or on the order page. Product prices do not include all taxes and duties. The price of each product is displayed for the Customer prior to completion of the order. All prices are in Turkish Lira/United States dollars.

3. Completing the order

The purchase procedure is complete once the Customer confirms the order. Upon confirmation, the order is sent directly to MA MODA. The Customer may correct the order before confirmation or can cancel the order before its completion by leaving the Website without having confirmed the order.

It expressly understood that the Customer’s order is binding once the confirmation of successful completion of the order is sent by MA MODA by e-mail, at the address indicated by the Customer during the order process. Such confirmation includes the number and date of purchase, the product ordered, its price, the amount paid and any right to return product.

The Customer may access the order in the “Orders” section, which also includes a history of past orders.

The Customer may cancel the order by telephone to MA MODA Customer Service only before ordered products have been shipped.

4. Conditions of payment

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5. Delivery

Following order completion, the Customer can also contact MA MODA Customer Service by telephone or e-mail to request information on delivery.

Without prejudice to the exception below, articles will be delivered only to the address indicated by the Customer in the following countries: (write all countries).

MA MODA generally fills orders within a maximum of 30 days of the day the order has been confirmed, except where the order has been cancelled pursuant to article 4 above or as otherwise set forth herein.

The Customer has the following delivery options:

1. Standard shipping with courier delivery will be generally made within ? (write the day) business days from when the Customer receives confirmation that the order has shipped.
2. Express shipping Service: available  on most items, with delivery generally within 2-3 business days from when the Customer receives confirmation that the order has shipped.

(iii) Pick Up in Store: delivery is made within ? (write the day) business days exclusively to participating MA MODA CONCEPT store, subject to the specific terms and conditions available in the Pick Up in Store section

The delivery terms are merely estimates only. These estimated delivery times do not apply with respect to Pre-ordered and Personalized Products. Please see below for more details.

Standard shipping is not available for (? countries). The additional costs of service in option (ii) will be charged to the Customer.

All shipping costs, including additional costs charged to the Customer are itemized in the order form.

Before the products have been actually shipped, the Customer may contact Customer Service should he/she wish to change the delivery date and MA MODA will reasonably try to accommodate such request. In any case, the e-mail sent by MA MODA to the Customer contains a the code of order form – proforma and an exclusive link to track the shipment in real time. MA MODA’s Customer Service can provide assistance for any delivery problems.

The Customer is responsible for the loss or damage to the products ordered, for which MA MODA is not responsible, beginning at the time at which the Customer or a third party designated by the Customer and different from the carrier takes delivery of the products.

Therefore, if, at the time of delivery, the exterior of the package is damaged, the Customer or other recipient, in the case of a gift, must open the package in the presence of the carrier to check the condition of the product inside.

If the product is damaged, the Customer (or recipient) must detail all observed damage on the delivery note. Any claims must be made as described in article [7] below.

Should the Customer make a claim for loss, non-compliance or damage to the product, MA MODA will replace the product free of charge when available, or refund the Customer, upon express Customer request, according to the terms and conditions described below.

6. Pick Up in Store

MA MODA offers its Customers the possibility of picking up sale orders at the Store.

To take advantage of this service, the Customer must select “Pick Up in Store” at the time of the order, and select a store from the list on MA MODA.com.

MA MODA will inform the Customer via e-mail when the products ordered are available for pick up at the selected store. Orders will be available for pick up for a maximum of 14 days from the sending of the pick-up notice. Upon expiry of the delivery period, the order will be considered to be cancelled and will be returned to MA MODA. The Customer will be refunded the purchase price of the products.

The Customer must show up to the store with a valid piece of identification for pick up.

The Customer must pick up the order in person, or delegate another person to pick it up on his/her behalf. In this case, the products are delivered only to the person bearing a written proxy signed by the Customer having made the purchase and a copy of the Customer’s proof of identity, in addition to the documents indicated for pick-up by the Customer.

The staff at the store chosen for pick up may refuse to deliver the purchase in the event the Customer fails to respect the pick-up procedure.

The Products picked up in store are subject to the same terms and conditions for returns and exchanges under these General Terms and Conditions of Sale.

Should the Customer wish to return or exchange the purchase, the procedure described in article 8 of these General Terms and Conditions of Sale can be followed.

7. Conformity of the order

The Customer must check the products at the time of delivery, in order to ascertain that they match the articles ordered and have no manufacturer’s or conformity defects.

Should the delivered product not conform to the order, the Customer has the right to have the products brought into conformity at no charge, through repair or replacement, unless the requested remedy is objectively impossible or excessively costly with respect to the other.

If product repairs or replacement are not performed within a reasonable amount of time from the Customer’s request, or are impossible or excessively costly, the Customer may request an appropriate price reduction or a refund of the purchase price. It is understood that the Customer loses said right if he/she does not report the conformity defect to MA MODA within two (2) months of the date at which the latent defect was discovered.

If the order is returned and the credit card has already been debited, the Customer will be promptly.

MA MODA must be notified of any Customer request for one of the remedies listed above using the return form, (we need to decide whether to keep the return form on the website) which can be downloaded from the mamodaconcept.com website or via a report sent by registered mail with notice of receipt to the following address: -ADRESİMİZ – In any case, the report must be first sent via e-mail to info@mamodaconcept.com

8. Returns and Refunds

The Customer’s right of return must be exercised as described below.

The right of return must be exercised by the Customer within ? (fill in the day) days of the date of delivery to the Customer or a third party on its behalf.

For the return to be accepted by MA MODA, the products must be returned within ? (fill in the day) days of the date on which the Customer informed MA MODA of his/her wish to return the purchase with the return by telephone to Customer Service, in order to obtain a return code, and respecting the following conditions:

1. The products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.).
2. The products must be accompanied by the purchase receipt/proforma.
3. Products returned by the Customer must not have been damaged, used, worn or washed, but may be handled and inspected to determine their nature and characteristics.
4. Labels and security tags must still be attached to the products.
5. Damaged goods being returned must be in the condition in which they were received by the Customer; the Customer must not attempt to modify, handle or repair them.

MA MODA reserves the sole right to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.

MA MODA also reserves the right to demand compensation for any damage caused by the Customer’s negligent conduct or misconduct when returning products. MA MODA cannot be held liable for lost or stolen products beyond its control, or for returns to the wrong address, or for delivery delays of returned products beyond its control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.

In the event of return, the Customer will be refunded all payments made to MA MODA for the returned product(s), according to the method of payment chosen for the purchase, including delivery costs.

MA MODA will refund these amounts upon receipt of the returned product or when the Customer proves that he/she has correctly sent the product to MA MODA. Refunds are credited to the Customer’s current account linked to the credit card used by the Customer for payment. Refunds are at no charge to the Customer.

9. Intellectual property rights

MA MODA guarantees the authenticity and quality of all the products sold on the Website in accordance with Website Terms of Use.

The MA MODA trademark, all the figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on MA MODA products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of MA MODA, its affiliates or its licensors. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos for any reason and on any medium is strictly forbidden without the prior express approval of MA MODA.

Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.

Reproduction in whole or in part, modification or use of drawings, models or patents which are the exclusive property of MA MODA, its affiliates or its licensors. is also strictly forbidden.

10. Force majeure

Performance of services and sales of products by MA MODA may be suspended in the event of a force majeure event preventing or delaying its performance including but not limited to, acts of god, fires, storms, floods, accidents, explosions, epidemics, earthquakes, quarantine restrictions, civil or military authority, acts of public enemy, war, terrorism, acts of the government loss or interruption of electrical power or other public utility, freight embargoes, delays in transportation or other circumstances beyond the control of MA MODA.

MA MODA will inform the Customer of said unforeseeable events within seven days of its occurrence Should the suspension of the services last more than 15 days, the Customer may cancel the order and receive a refund of amounts already paid.

11. Competent jurisdiction and applicable law

These General Terms and Conditions of Sale are governed by and shall be interpreted pursuant to the laws of the Turkish Republic without regard to any choice of law rules. You agree to bring any and all claims in connection with any disputes arising out of or related to the use of the Website or these General Terms and Conditions of Sale exclusively in the Courts in Turkey and you further consent to the jurisdiction of such courts for any claims we bring against you in connection with any disputes arising out of or related to the use of the Website or these General Terms and Conditions of Sale.

SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALIZED AND/OR SPECIALLY PRODUCED PRODUCTS

For certain articles, MA MODA also offers the following services:

1. Product personalization (hereafter “Personalised Products); and
2. Possibility of ordering products that are not yet available in stores at the time of order (“Pre-ordered Products”).

For Personalized Products and Pre-ordered Products, the following apply:

(a) The special terms and conditions of sale indicated below, and

(b) The general terms and conditions of sale indicated above in so far as they are not expressly or implicitly affected by the following special conditions.

The terms used beginning with a capital letter in these special conditions have the same meaning as in the General Terms and Conditions of Sale above.

Article 1: Orders and Payment

For Personalised Products and Pre-ordered Products, the following apply:

1. a) The Customer acknowledges and accepts that during the use of the personalization service, his/her choice for the creation of the personalized product is saved only for the duration of the current session. Should the current session be interrupted before the order has been placed, a new session must be begun and sent in order to express one’s choices regarding the creation of the personalized product.
2. b) Once the order has been sent by the Customer and confirmed by MA MODA, the Customer is informed via e-mail of order acceptance and subsequently of shipping of the personalized products.

The provisions of article 4 of the General Terms and Conditions of Sale apply to the debit of the price of the Personalized Products and/or Pre-ordered Products; [i.e. the credit card is debited when the product is shipped.

Article 2: Delivery of Pre-ordered and Personalised Products

Contrary to that stipulated in article [5] of the General Terms and Conditions of Sale, Personalized Products and/or Pre-ordered Products may be delivered in a time slot indicated on the Website; there is no strict rule for this time slot, rather it varies according to the item. Delivery terms are merely estimates only. MA MODA informs the Customer of shipping by e-mail as soon as the products are available. If the Customer purchases several Pre-ordered Products or Personalized Products with different delivery dates in the same order, they may all be shipped together at the latest delivery date, or at MA MODA’s discretion, based on availability.

Article 3: Returns and Exchanges of Personalised Products

Because of the clearly personalized nature of Personalized Products, and the fact that they are produced specifically for the Customer based on a specific order, they cannot be returned, refunded or exchanged. Similarly, the Customer does not have the right to cancel the order, once placed. Pre-ordered Products may be returned in compliance with article [8] of the General Terms and Conditions of Sale. Consequently, article [8] of the General Terms and Conditions of Sale above are not applicable to sales of Personalized Products.

This is without prejudice to the MA MODA’s obligations under article [7] of the General Terms and Conditions of Sale to the Customer’s benefit with respect to defective products.