TERMS AND CONDITIONS
I. INTRODUCTION AND COMPANY IDENTIFICATION
Welcome to moodame.com!
Moodame.com (hereinafter referred to as "the Website", "the Site") is the property of 31ST MOODAME AVENUE SRL (hereinafter referred to as "the Company", "We", "Us"), based in Str. Intrarea Europei nr. 26, Visina Noua, Olt, Romania, registered under registration number J28/500/2015, CUI 34797131. Our VAT number is RO34797131.
Using the Website (visiting or buying products) represents your full acceptance with regards to the Terms and Conditions. In order to make the best use of our Site, we recommend you to carefully read the Terms and Conditions. 31ST MOODAME AVENUE SRL reserves the right to update the Terms and Conditions based on internal company policies or law, without any prior notification. Any changes made after you have placed an order will not affect that order unless the changes were required by law.
Any individual or legal entity registering and placing an order on the Website is hereinafter referred to as "the Buyer", "You".
In order to use some of the services or features made available to you on the Website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects, such as: name, surname, phone number, email, delivery address, invoicing address. Should we consider that this obligation is not fulfilled, we reserve the right to block your access to using our services, for a definite or indefinite period, without any prior notice. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org.
The policy concerning privacy protection can be found under a separate section on the Website.
The account password you provide should be unique and kept secure; you must notify us immediately of any breach of security or unauthorized use of your account via email@example.com.
Once your order has been placed you will receive an email acknowledging the details of the order. This email is an acknowledgement that we have received your order. The order will be confirmed by 31ST MOODAME AVENUE SRL via an electronic message including the delivery details, the parcel tracking number, as well as any other meaningful information. The message will be sent to the email address you registered with, therefore please ensure this information is accurate.
Once the order is confirmed, you will only be able to cancel it as per the cancellation policy under the Returns and Exchanges section below. The sale will be final (the cancellation policy under the Returns and Exchanges section below stays valid). Your satisfaction is our priority, therefore, in case you want to cancel an order, please contact us immediately at firstname.lastname@example.org or via phone at +40 755 MOODAM (+40 755 666326). In case you choose to contact us by e-mail, we will get back to you as soon as possible.
We reserve the right not to accept, to suspend or cancel the execution of any order and / or delivery in the following cases: we are unable to obtain authorization for payment, the item ordered is out of stock and the supplier confirms he is unable to fulfill it, missing payment, partial payment, payment incident, fraud or fraud attempt related to using the Website, including for previous orders. We may also refuse to process and therefore accept an order for any reason or refuse service to anyone at any time at our sole discretion.
All products purchased via www.moodame.com are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit without the written agreement of the Company.
IV. PRICES AND TAXES
Prices shown on the Site are in RON or EUR, depending on the destination, and include VAT.
Prices are valid as long as they are visible on the Website and as long as the product is available for purchase.
Whilst every effort is made to make sure details on our Website are accurate, we may from time to time discover an error in the pricing of products. In these cases we shall be under no obligation to accept and fulfill orders at the wrong prices. We will correct the error and will inform you via an electronic message in case you have placed an order for the related product / products. In case the product/s cost is already blocked on your credit card, we will request immediate unblocking.
In case you've chosen Paypal as payment method, we will ask for immediate reimbursement.
If your credit / debit card is not denominated in the Website currency, the final amount blocked / debited from your card will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
In case of online payments the Company isn't / can't be made responsible for any extra charges of the Buyer, including but not limited to currency exchange fees applied by the card issuer in case the credit / debit card is not denominated in the Website currency. The Buyer has full responsibility for these charges.
Product prices don't include the delivery cost. The delivery costs are listed under DELIVERY.
By registering your order on our Website, you confirm that you have the right authorization to use
the payment method of your choice.
The payment methods accepted on www.moodame.com are as follows:
a) Credit / debit card payment. The credit / debit cards accepted for payment on www.moodame.com are: VISA, VISA Electron, MasterCard and Maestro. Should you choose this payment method you will be requested to fill in a form with your credit card details on the payment processor secured gateway. The Company doesn't have access to your credit card data.
We make the Click4Pay service available to you; the service allows you to skip entering your credit card details for the future payments. This way payment is done much easier and faster. You are informed about the Click4Pay service upon your first payment and you can activate it accordingly. Starting with your next payment, you can pay without re-entering your credit card details.
Payments through the credit / debit cards issued by VISA and MasterCard (VISA / VISA Electron and MasterCard / Maestro) are made through 3D-Secure, a system created by organizations which ensure the same security level for online transactions, as for ATMs and Point of Sales. 3D-Secure ensures that no information related to your card is transferred or stored, at any point in time, on the Website server or on the payment processor server. Such information is added straight into the VISA and MasterCard systems.
Once your credit / debit card details are confirmed, the amount related to your order is blocked in your bank account. Payment will be debited and cleared from your account upon dispatch of your order.
b) PayPal. PayPal helps protect your credit card information with industry-leading security and fraud prevention systems. When you use PayPal, your financial information is never shared with the merchant. When selecting this option at checkout, you will be directed to the PayPal website to login and review the amount shown before clicking '"Pay Now". Once this transaction is complete, you will then return to our Website.
c) Cash payment. This payment method is valid solely for Romania and involves payment upon delivery. The receipt will be issued by the delivery company.
To help ensure that your shopping experience is safe, simple and secure, we use Secure Socket Layer (SSL) technology.
As part of the fight against internet crime, the information related to the Buyer's order may be sent over to any third party acknowledged by law or authorized by the Company, with the sole purpose of verifying the Buyer's identity, the validity of the order / the payment method / the related delivery.
VI. GIFT CARDS
Gift cards (GCs) are valid for 6 months from date of purchase, can be bought for any amount and can be redeemed against all products on the Website. Any GC value includes VAT.
GCs may not be returned or redeemed for cash.
We encourage you to use the full value of your GC at once, since we cannot partially reimburse you if your order total is less than the value of the Gift Card.
If your order exceeds the value of the Gift Card, the remaining balance must be paid using one of the accepted payment methods.
If you return products you have purchased using a Gift Card, we will offer you another Gift Card of the same value and same validity date to be redeemed against subsequent orders.
Promotion codes cannot be applied to the purchase of Gift Cards.
VAT and shipping are applicable on any products purchased with a GC.
VII. PROMOTION CODES
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, unless the Company shares separate conditions for a campaign about to start / already started stipulating the exception/s. The promotions codes must be redeemed by the date the offer / the campaign expires, as per the communication on the Website or the electronic communication made by the Company.
In case the Buyer has redeemed a promotional code and subsequently returns the related product, the promotional code is considered used and will not be returned.
31ST MOODAME AVENUE SRL delivers goods to the following countries, through partner courier companies: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
The delivery costs vary per destination.
Denmark, Estonia, Finland, France, Greece, Latvia, Lithuania, Portugal, Spain, Sweden, United Kingdom: Free delivery is offered for all orders totaling 300 EUR or above. Below this value, the delivery cost is €19.90.
Austria, Belgium, Croatia, Germany, Italy, Luxembourg, Netherlands, Poland: Free delivery is offered for all orders totaling 300 EUR or above. Below this value, the delivery cost is €14.90.
Czech Republic, Slovakia, Slovenia: Free delivery is offered for all orders totaling 300 EUR or above. Below this value, the delivery cost is €9.90.
Bulgaria, Hungary: Free delivery is offered for all orders totaling 150 EUR or above. Below this value, the delivery cost is €4.90.
Romania: Free delivery is offered for all orders totaling 450 RON or above. Below this value, the delivery cost is 10 RON.
The delivery costs include VAT.
The delivery timelines vary depending on the manufacturer (brand) and destination. The range shown on the Website is defined between the minimum delivery time (for the closest destination to our delivery location) and the maximum delivery time (for the furthest destination vs our delivery location). At the time your order is confirmed you will receive the delivery range according to the exact destination, as well as a tracking number for your package.
At the time the package is delivered, the Buyer signs the delivery receipt. This is the proof of the goods being delivered by the Company and received by the Buyer.
You are kindly requested to check the appearance of the package at the moment it is delivered. Should you notice any issue (package is deteriorated, open, has traces of liquid etc.), please refuse the delivery and formulate immediately, clearly and in a detailed manner, all limitations regarding the issue. These details have to be written by you on the delivery note of the courier company, as well as sent via an electronic message at email@example.com.
IX. RETURNS AND EXCHANGES
As per the current legislation, you have the right to cancel your order within 14 days from the day after the day on which you (or someone you nominate, other than a carrier) received the goods, without giving any reason. Once the cancellation period expires, the return request will not be accepted.
To exercise the right to cancel, you must inform us by mail, e-mail or by filling in the return form available inside the Order History section of your account on the Website (access My Account – Order History, then the Details section of each individual order). We will confirm receiving your return request.
Items should be returned unused, undamaged, together with the original packing untouched, the original tags still attached, all accessories included, all documentation that came with the items (certificates of authenticity, care instructions etc.), latest within 30 days from the day after the day on which you (or someone you nominate, other than a carrier) received the goods. Any product(s) returned without original documentation, tags, accessories will be rejected. Any product(s) that have been resized, damaged or otherwise altered after delivery will not be accepted for return. Once the return period expires, the return will not be accepted.
The goods are to be sent to: 31ST MOODAME AVENUE SRL, Str. Intrarea Europei nr. 26, Loc. Visina Noua, Jud. Olt, ROMANIA. You will have to bear the cost of returning the goods.
We will issue you with a full refund including the shipping cost paid by you, unless you have chosen a shipping method different from our standard delivery, without undue delay, and not later than 14 days after the day we receive the goods supplied back from you or (if earlier) 14 days after the day you provide us with evidence that the goods have been returned.
You accept that the reimbursement for returns due to cancellations or faulty / non-compliant products that cannot be repaired or replaced as per the WARRANTY section below is made exclusively via bank transfer and are obliged to share the bank account data for the transfer. We will not charge any fees as a result of the reimbursement.
In case you have benefited from a special offer on the Website which allowed you to buy one or more products in exchange of your order, under certain conditions, returning the goods will make you ineligible for the offer. You will have to return any gifts that were sent together with the product. The Company reserves the right to make a deduction from the reimbursement for the amount corresponding to the value of the gifts and any other additional amount that resulted from the special offer that allowed you to buy one or more products in exchange of your order.
In case you opt for an exchange, shipping is complementary on the replacement item. If the replacement item is lower in value than the product to be exchanged, the difference will be reimbursed by the Company via bank transfer. If the replacement item is higher in value than the product to be exchanged, the difference will be paid by you using one of the accepted payment methods.
You are liable for any diminished value of the goods resulting from the handling. If the products are damaged, soiled, returned without the original packaging, with broken packaging, missing the original tags or accessories, we reserve the right to make a deduction from the reimbursement for loss in value of any goods supplied. If the return conditions are not met and the return is refused, we will return the products to you and you will have to pay the shipping cost in advance via credit card payment or Paypal. If you refuse the package we reserve the right to retain the full amount already paid.
As per the current legislation, the following products are, among others, exempted from returns:
products made after the consumer's specifications or clearly personalized;
sealed products that cannot be returned due to health protection or hygiene reasons and were unsealed by the consumer.
All products sold on the Website benefit from the legal warranty which offers the Buyer the possibility of returning the products which are faulty or non-compliant.
The commercial warranty offered by the suppliers of the products sold on the Website is 30 days from the day after the day on which you (or someone you nominate, other than a carrier) received the goods.
Should you identify a faulty / non-compliant product, please contact us via firstname.lastname@example.org or by phone at +40 755 MOODAM (+40 755 666326), giving full details including date of purchase, order reference number, your full name, address and contact details. Before you send over the product, we might ask you for some additional details regarding the fault / non-compliance, in order to ensure that the warranty terms are met.
The faulty / non-compliant product will be sent to: 31ST MOODAME AVENUE SRL, Str. Intrarea Europei nr. 26, Loc. Visina Noua, Jud. Olt, ROMANIA. You will have to bear the shipping cost. We will examine the item in maximum 14 days from receiving it and in case we reach the conclusion that it was faulty / non-compliant at the moment of purchase we will reimburse you the shipping cost and we will proceed as per below.
Where possible, we will repair the item and ship it to your address. If the item cannot be repaired and the same product is still available, we will send you a replacement. We will inform you regarding the delivery terms as soon as possible and we will bear the delivery costs. If the same product is no longer available, you are entitled to a full refund including the shipping cost paid by you, unless you have chosen a shipping method different from our standard delivery. We will inform you regarding the reimbursement as soon as possible. The reimbursement is made exclusively via bank transfer.
If the warranty conditions are not met and the warranty is refused, we will return the products to you and you will have to pay the shipping cost in advance via credit card payment or Paypal. If you refuse the package we reserve the right to retain the full amount already paid.
All products sold on the Website undergo thorough quality control before being shipped. We guarantee that all products shipped are new and free from any defects.
Goods are faulty if they are received damaged. Items that are damaged as a result of misuse or regular wear and tear cannot be considered faulty.
The products are considered compliant if:
a) they correspond to the description on the Website and they have the same features as the products presented to the Buyer as sample;
b) they correspond to any specific purpose requested by the Buyer, of which he was made aware and which he approved by accepting the T&Cs;
c) they correspond to the purposes similar objects are normally used for;
d) they have standard quality and performance parameters, which the Buyer can reasonably expect, given the nature of the product and the public releases regarding their concrete features, made by the Website, the manufacturer or their representative via advertising or the product tag.
The warranty becomes invalid in the following cases:
deterioration of the product due to misuse;
deterioration of the product due to faulty maintenance (cleaning using inappropriate methods or products, not following the maintenance recommendations).
wear resulting from normal use of the product;
discoloration of the product or of parts of the product following prolonged exposure to harsh environmental factors (sun or another strong source of heat, humidity, rain, snow, etc.);
product damage as a result of disasters (fire, earthquake, flood, lightning, etc.), accident or theft;
defects caused by transport, improper handling and storage conditions (temperature, humidity, thermal shock - hot / cold variations, dipping, etc.);
defects caused by improper use, abuse, modification of the product and / or unsuitable conditions other than those for which it has been tested and designed – i.e., filling bags excessively causes damage;
any intervention, repair or modification made by unauthorized persons, including dyeing the product;
damage caused, voluntarily or involuntarily, by mechanical shocks (breaking, hanging, hitting, scratching, etc.), pets, rodents or other pests.
The following are not considered manufacturing defects and as a result are not covered by the warranty:
particularities of natural leather: ribs, small differences in color, characteristic signs and irregularities - this just shows the authenticity and quality of natural leather;
asymmetries of printed products;
small irregularities and imperfections of products or product parts that are handmade;
the fact that in case of vegetable-tanned leather the tannin can migrate and slightly color the cloth it is in contact with. This only happens for the first wears, until the moment the product gets a unique patina;
small color differences between the product and the sample photo on the Site, which may result from the monitor settings. We have made every effort to display as accurately as possible the colors of the products that appear on the Site;
the discomfort deriving from wearing the wrong shoe size.
General recommendations on the proper use and care / maintenance of natural leather (including suede, antelope suede, nabuc) or synthetic leather products:
Washing the products in the washing machine is completely prohibited.
Clean the articles only with products specially designed for this purpose.
For leather products with glossy or matte surface you should apply a layer of balm / lotion / cream specially designed for this purpose (it can be colored or neutral for shoes) using a soft cloth / a piece of fine material (i.e. chamois leather), following removal of dust or dirt with a soft cloth.
Products made of suede antelope, suede or nabuc should be cleaned with a dry soft cloth or with a soft-bristled brush. Do not use water as the fabric might stain. Oil and grease stains are to be removed using a lotion specially designed for this purpose.
Do not use harsh brushes for cleaning products as they can cause damage.
Damp products should be dried naturally at room temperature, away from direct heat sources. Do not force the drying with a fan, heater, fire, hair dryer or other heat sources. Use in excessive damp conditions will cause leather deformities / patches.
Avoid exposure to excessive heat.
Use a soft, moist cloth to clean the interior and avoid products containing acetone, acids, alcohol.
Do not spray perfume on products.
Specific recommendations on the proper use and care / maintenance of shoes:
Shoes should be tried on a carpeted surface before wear, to avoid damaging the product, in case you want to return it.
After each wear, clean the shoes and place them on shoe trees of suitable size and format. To create a sanitary wearing and great usability, wearing 2-3 alternative pairs of shoes is recommended. Washing footwear with water is prohibited. Do not use bleach, detergents and any solvent based products.
Shoes made of textile materials should be cleaned with a soft cloth. It is prohibited to use liquid detergents, as they contain solvents that attack the basic material.
Avoid wearing suede, antelope suede, nabuc or textile footwear if the weather is particularly wet.
Footwear must be protected from direct hits.
Footwear must be protected from contact with solvents, tar, soft bitumen or other corrosive materials or defrosting substances. Also, avoid hanging or walking on sharp metal objects, broken glass, insecticides, oil and gasoline, thinners, etc., which damage the natural leather soles.
The company can not be held responsible for damage due to roads, pavements or lands defects.
Please use a shoehorn to avoid premature deterioration of the shoe heel.
In order to protect the skin by the action of chemicals, footwear is dyed using vegetable colors, as a result interior paint can migrate. This is not a malfunction, nor a defect, but a way of protecting the user. To avoid the risk of paint migration, we recommend wearing matching or dark hosiery.
Specific recommendations on the proper use and care / maintenance of bags:
Avoid excess filling of bags and purses. The bags and purses on the Site are conceived as fashion accessories and, except for the models marked accordingly, cannot be used as luggage / duffle bags. The maximum weight is 1,5 kg for a small bag and 10 kg for a duffle bag.
Leather bags should be stored in their original dust bag and filled with stuffing – don't use newspaper, which will smear - to maintain their shape. If they have metal handles, these should be wrapped separately.
Keep the dust bagged product along with packets of silica gel so your bag doesn't get damp.
Avoid placing your leather purse in direct sunlight as this will dry the leather and cause it to fade and / or crack.
If the use and care / maintenance recommendations / instructions are followed, the products show standard quality and performance parameters (which the Buyer can reasonably expect), given the nature and the purpose of the product, during the average duration of use. The average duration of use for shoes is 6 calendar months.
Please contact us via email@example.com for any type of complaints, giving full details including date of purchase and order reference number where applicable, your full name, address and contact details. We can ensure you that we will do our best to have your complaints solved as soon as possible. The Online Dispute Resolution tool developed by the European Commission which acts as a neutral third party to handle disputes which resulted from online transactions is also at your disposal.
XII. INTELLECTUAL PROPERTY RIGHTS
The whole content of the Company Website – images, texts, graphics, music, video, symbols, scripts, software programs, HTML and other data - is owned by 31ST AVENUE MOODAME SRL and its suppliers and is protected by copyright and intellectual and industrial property laws. Any attempt to copy, reproduce, republish, transfer data, distribute, commercially exploit or modify content, data, information and materials found on the Site is strictly prohibited without written permission from 31ST AVENUE SRL MOODAME and may result in civil and criminal penalties.
XIII. YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for your entire communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny your access to the Site on a temporary or permanent basis.
At our request, you agree to compensate us fully, defend us, and hold us, our officers, directors, agents, affiliates, licensors, and suppliers harmless immediately on demand from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.